As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person or legal entity submitting an application for
development.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to P.L. 1975,
c. 291 (N.J.S.A. 40:55D-1 et seq.).
MAINTENANCE GUARANTEE
Any security which may be accepted by the Township for the
maintenance of any improvements, including, but not limited to, surety
bonds, letters of credit under certain circumstances provided by law,
and cash.
PERFORMANCE GUARANTEE
Any security which may be accepted by the Township, including
but not limited to surety bonds, letters of credit under certain circumstances
provided by law, and cash.
PERSON
An individual, partnership, corporation, cooperative association,
or any other legal entity.
Before filing of final subdivision plats, recording of minor
subdivision deeds, as a condition of final site plan approval, or
as a condition to the issuance of a zoning permit pursuant to N.J.S.A.
40:55D-65, the Township may require and shall accept for the purpose
of assuring the installation and maintenance of certain on-tract improvements,
the furnishing of guarantees pursuant to the requirements of this
chapter.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
To the extent that any of the improvements have been dedicated
to the Township on the subdivision plat or site plan, the Board of
Commissioners shall be deemed, upon the release of any performance
guarantee required pursuant to this chapter, to accept dedication
for public use of streets or roads and any other improvements made
thereon according to site plans and subdivision plats approved by
the approving authority, provided that such improvements have been
inspected and have received final approval by the Township Engineer.