As a condition of preliminary or final site plan approval, the reviewing board may require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:
A. 
Performance guarantee.
(1) 
The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets; grading; pavement; gutters; curbs; sidewalks; streetlighting; shade trees; surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., and 40:55D-53; water mains; culverts; storm sewers; sanitary sewers or other means of sewage disposal; drainage structures; erosion control and sedimentation control devices; public improvements of open space; and other on-site improvements and landscaping, provided that no more than 10% of the total performance guarantee shall be in cash, and the balance shall be in the form of a bond from a bonding company approved by the Township Committee.
(2) 
The Township Engineer shall itemize the improvements which he recommends to be bonded for by the applicant. The reviewing board shall then establish the improvements to be bonded and forward a list of same to the applicant. The applicant shall then forward an estimate of the cost of such items including detailed calculations of the same to the board and the Township Engineer. The Township Engineer shall then review these estimates and forward his recommendations to the reviewing board who shall establish the amount of performance guarantee and maintenance guarantee required. The applicant shall forward his estimate of the cost of the improvements and calculation, within 30 days of a request therefor from the reviewing board.
B. 
The furnishing of a maintenance guarantee to be posted with the Township Committee for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically shall own the utilities to be installed or the improvements are covered by performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required for such utilities or improvements.
A. 
Whenever it is required as a condition to subdivision or site plan approval that a performance guarantee must be furnished in favor of the municipality in an amount not exceeding 120% of the estimated cost of any required improvements within a stated time, the time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township Committee by resolution.
B. 
As a condition of or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of passage of the resolution.
A. 
Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the Township Committee in writing of such completion or substantial completion as provided in N.J.S.A. 40:55D-53d, and, after inspection and report of the Municipal Engineer, the Township Committee may approve, partially approve or reject the improvements.
B. 
Where partial approval is granted, the bond of the obligor may be reduced provided that 30% of the amount of the performance guarantee posted may be retained to insure completion of all improvements. Notice shall be given to the obligor as required by N.J.S.A. 40:55D-53e.
A. 
When all the required improvements have been completed, the obligor shall notify the Township Committee in writing, by certified mail addressed in care of the Township Clerk, of the completion of such improvements and shall send a copy thereof to the Township Engineer.
B. 
Thereupon the Township Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
C. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of improvements not completed or corrected and the Township may either prior to or after the receipt of the proceeds thereof complete such improvement.
D. 
If any portion of the required improvements is rejected, the reviewing board may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.
E. 
The subdivider or his agent, employee or contractor shall notify the secretary of the reviewing municipal board, as well as the Township Engineer and Clerk, when the work is ready for any required inspection specified herein or required to be performed by the Construction Official or the appropriate subcode official. This notice shall be given at least 48 hours prior to the start of the construction and at least 48 hours prior to the time the inspection is desired. Inspection shall be performed within three business days of the time for which it was requested. The work shall not proceed in a manner which shall preclude the inspection until it has been made. No underground installation shall be covered until inspected and approved.
A. 
The Township Committee shall either approve, partially approve or reject the improvements, on the basis of the report of the Township Engineer, and shall notify the obligor in writing, by certified mail, of the contents of such report and action of the reviewing board with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements.
B. 
Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved.
C. 
Failure of the Township Committee to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guarantee.
A. 
The applicant shall reimburse the Township directly for all reasonable review and inspection fees of the Municipal Engineer, board attorney, planning consultant and other Township personnel, for any such review of applications for development and inspections of improvements.
B. 
In addition, the applicant shall make an initial deposit with the Township Clerk, as set forth in § 74-57 of Chapter 74, Land Use Procedures, to be applied to the cost of these fees. The board shall have the right to require additional deposits to be paid by the applicant, from time to time, in order to insure that review and inspection fees are adequately provided.
C. 
Should the balance of said fees not be paid, building permits and/or certificates of occupancy may be withheld by the applicable Township official. Any unused portion of the deposit shall be returned to the applicant.
Off-tract improvements may be assessed as a condition of approval in accordance with the provisions of the land subdivision chapter and within this section.