No final application for development (whether for an entire tract or a section thereof) shall be approved by the Board unless the owner shall have filed with the Township a performance guarantee, in the form approved by the Township Attorney and accepted by the Township Committee assuring the installation of the public improvements on or before an agreed date as hereinafter provided. The performance guarantee shall not be required for any improvements, which the Township Engineer shall certify as having been completed in accordance with all applicable standards.

It is the intention of the Township Committee that residents living in each new development be provided with a lot and/or dwelling unit and tract area that is complete with respect to the required improvements. In order to accomplish this objective, and except as hereafter provided, all improvements shall be completed as set forth in the performance guarantee.

A performance guarantee estimate shall be prepared by the Township Engineer for review and approval, setting forth all requirements for improvements, as fixed by the Board, and their estimated cost. The Township Committee shall pass a resolution either approving or adjusting this performance guarantee.

The owner shall present two copies of the performance guarantee, in an amount equal to 120% of the approved performance guarantee estimate for approval as to form and execution by the Township Attorney.

The Township Attorney shall notify the Administrative Officer when it is determined that the performance guarantee is properly executed. Until that notification is received no permits shall be issued for the project.

The performance guarantee shall be made payable and deposited to Southampton Township and shall be in the form of cash, irrevocable letter of credit or certified check or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. Any letter of credit or performance bond shall not expire and may not be revoked, rescinded or cancelled except upon 60 days written notice given to the Township. Any notice shall be valid only if given both to the Township Administrator and to the Township Attorney. The Township shall issue its receipt for the deposits and shall cause the performance guarantee to be deposited in the name of the Township to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on part of the owner, to be used by the Township to pay the cost and expense of obtaining completion of all requirements.

Ten percent of the amount of the approved performance guarantee shall be in the form of an irrevocable letter of credit or shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash, irrevocable letter of credit or surety bond. In the event of default, the 10% fund herein mentioned should be first applied to the completion of the requirements and the cash, letter of credit, or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash, letter of credit, or surety bond shall recite the foregoing provisions.

All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The cost of the inspection shall be the responsibility of the owner who shall pay to the Township Treasurer a sum equal to 5% of the amount of the estimated costs for the required improvements for payment of the inspection costs. These sums shall be deposited into escrow account. If additional sums are deemed necessary, the owner shall be notified and shall add that additional sum to the escrow within 15 days.

In no case shall any paving work be done without permission from the Township Engineer. At least two working days' notice shall be given to the Township Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done.

Streets shall not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.

The Township Engineer's office shall be notified prior to each of the following phases of work so that the Township Engineer or a qualified representative may inspect the work:

Any improvements installed contrary to the plan or plat approved by the Township shall constitute just cause to void the municipal approval.

Any improvement installed without notice for inspection pursuant to Subsection 12-7.2d,4 above shall constitute just cause for:

Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and the contractor, if any.

Upon the completion or substantial completion of all required appurtenant utility improvements, and the connection of them to the public system, the obligor may notify the Township Committee in writing, by certified mail in care of the Township Clerk, of the completion or substantial completion of the improvements and shall simultaneously send a certified copy thereof to the Township Engineer. Within 10 working days of receipt of the notice, the Township Engineer shall inspect all the improvements as to which the notice has been given and file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of the improvements with a statement of the reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.

Whenever a developer requests acceptance, in whole or in part, of certain improvements by the Township and the residents of the subject property are represented by a homeowner's association, a copy of the request and of the Township Engineer's report shall be mailed to the homeowner's association 10 days prior to any action by the Township to accept or reject the improvements.

Where partial approval is granted, the obligor shall be released from all liability pursuant to the performance guarantee for the improvements, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the performance guarantee posted may be retained to ensure the completion of all improvements and that the 30% may be applied against all improvements, regardless of when completed.

If any portion of the required improvements is rejected, the obligor shall complete the improvements and, upon completion, shall notify the Township Committee as specified in Subsection 12-7.2d,8 of this chapter and the same procedures shall be followed as in the first instance.

The Township Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this chapter;

The final application for development shall have been approved by the Board;

The owner shall have filed with the Township Committee a maintenance guarantee in an amount equal to and not more than 15% of the cost of installing the improvements.

An "as built" plan and profiles of all utilities and roads (three (3) black and white prints plus a Mylar copy to be sent to the Township Engineer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer, shall be provided.

A copy of the request to the Township Committee for the acceptance, in whole or in part, of improvements and of the Township Engineer's report thereon shall be mailed to the homeowner's association consisting of the residents of the subject development at least 10 days prior to any consideration of the request by the Township Committee. Proof of mailing shall be filed with the Township Clerk.