To meet the costs of improvements required to be made by the applicant to public facilities owned by the Township as a condition of site plan approval.

To ensure the completion of the common elements of the site plan affecting two or more parties.

To ensure the completion of those portions of a site plan that will not be completed by the applicant prior to a request for occupancy.

The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. No building permit or related Township permit shall be issued unless the Zoning Administrator is satisfied that the guarantee is in full compliance with this chapter.

The performance guarantee shall be in the form of:

The amount of the performance guarantee shall be sufficient to cover the estimated costs of the improvements associated with a project for which site plan approval or zoning variance has been obtained. Accordingly, the applicant shall provide an itemized listing of estimated costs and a proposed time schedule to complete all of the improvements determined to require a performance guarantee. The Zoning Administrator or Township Engineer shall review the submitted costs for reasonableness and shall determine an accurate amount for the performance guarantee. In determining the amount, the Zoning Administrator may consider signed contracts or subcontracts supplied by the applicant or the Zoning Administrator may secure or require that the applicant secure a sealed statement from a licensed architect or engineer verifying the estimates.

Cash funds or a certified check made payable to the Township shall be deposited by the Township into an account in a financial institution with which the Township regularly conducts business.

In the case of a guarantee exceeding $2,000, and by request of the applicant, the guarantee may be released to the applicant in an amount proportional to the work completed on various elements, provided that a minimum of 10% shall be retained on each element until the satisfactory completion of the entire project. The amount of work completed shall be based upon an inspection and determination by the Zoning Administrator and or Township Engineer.

An amount not to exceed the actual cost of the installation of landscape materials may be retained by the Township for at least one year following the installation of said materials to insure proper maintenance and, if necessary, replacement. This amount shall be released to the applicant upon certification by the Zoning Administrator that all landscape materials are being maintained in good condition.

The unexpended balance of a performance guarantee shall be returned to the applicant following inspections by the appropriate Township officials and a positive determination by the Zoning Administrator and or Township Engineer that the required improvements have been satisfactorily completed and that all other requirements of this chapter are met.

When required improvements are not installed or maintained within the time stipulated or are not completed in accordance with the standards set forth within this chapter or as agreed upon between the applicant and the Township Board, the Township Board may order the improvements completed by the Township or by an independent contractor, or may order that the site be returned to its original condition.

The Zoning Administrator shall order the completion of the improvements and so notify the applicant by certified mail at least 30 calendar days prior to the undertaking of completion. During this time period, the applicant may seek an order from a court of competent jurisdiction to prevent the action by the Township.

All costs incurred by the Township for the completion of the improvements or the restoration of the site, including direct administrative costs, shall be assessed against the performance guarantee.