A. The Planning Board shall grant final approval of a site plan if the detailed drawings, specifications and estimates of application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval. Applications shall be completed in accordance with § 90- 6.1 of this chapter. [Amended 2-1-88]

B. The final site plan must be drawn in ink on cloth, Mylar or equivalent material. Each lot and block shown on it shall be numbered as specified -by the Towns-hip Assessor. in addition, the following certifications must be attached:

(1) Certification by the Township Tax Collector that all taxes have been paid.

(2) Certification by the developer's engineer that all on-tract improvements have been built or installed. The dimensioned location of all such improvements shall be shown on the final plat.

(3) In lieu of the certification required by Subsection B(2) above, the developer shall have furnished a performance guaranty to insure installation of improvements required. The posting of the performance guaranty in favor of the municipality shall be in an amount not to exceed one hundred twenty percent (120%) of the cost of installation or bondable improvements, which cost shall be estimated by the Municipal Engineer. The cost of improvements shall be based upon the requirements of the design standards and improvements set forth in this chapter and shall be based on documented construction costs for public improvements prevailing in the general area of the township. The developer may appeal the Municipal Engineer's estimate to the governing body. The governing body shall decide the appeal within forty-five (45) days of receipt of the appeal, in writing, by the Municipal Clerk. After the developer posts a guaranty with the municipality based on the cost of the installation of improvements as determined by the governing body, he may institute legal action within one (1) year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty. If any portion of any required improvement is rejected by the township and the township is forced to complete such improvements with the proceeds of the performance guaranty, such completion of improvements shall be subject to the bidding requirements of the Local Public Contracts Law. All performance guaranties shall be at the discretion of the Planning Board and shall be in the form of cash or an irrevocable letter of credit [Amended 8-7-1989 by Ord. No. 6-89, 6-1-1992 by Ord. No. 15-92]

(4) Certification by the Township Clerk that a maintenance guaranty has been posted by the developer with the governing body for a period not to exceed two (2) years after final acceptance of all improvements, in an amount not to exceed fifteen percent (15%) of the costs of the improvements, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256. 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 guaranty to another governmental agency, no performance or maintenance guaranty, as the ease may be, shall be required by the municipality for such utilities or improvements, except that the developer shall submit to the Municipal Engineer approvals from said public utilities. If any correction or reconstruction of any such improvement is necessary and is to be performed by the township with the proceeds of any maintenance guaranty, the costs thereof shall be subject to public bidding requirements Under the Local Public Contracts Law. [Amended 8-7-1989 by Ord. No. 6-89; 6-1-1992 by Ord. No. 15-92]

(5) Certification by the Township Engineer that all inspection fees have been paid.

(6) Certification by the Township Clerk that the developer's pro rata cost for reasonable and necessary off-tract improvements has been posted.

(7) A delineation of wetlands in metes and bounds and by type as defined by the United States Army Corps of Engineers, which data shall be signed and sealed by a qualified environmentalist. Further, upon the effective date of any legislation with respect to regulations defining wetlands and standards with respect to the development thereof and causing the implementation of said regulations to come within the jurisdiction of the New Jersey State Department of Environmental Protection, then and in that event the developer shall adhere to those then effective standards. [Added 2-1-88]

(8) An as-built of all utilities, conservation areas or other easements shall be provided with metes and bounds descriptions of said easements and conservation areas. [Added 8-7-89 by Ord. No. 6-89]

C. Prior to granting of final site plan approval, the developer shall have furnished performance guaranties for the ultimate construction and installation of the improvements set forth in § 90-9.

D. Prior to granting of final site plan approval, the developer shall have satisfied the Board that he has complied with all the provisions of this chapter.

E. Prior to granting of final site plan approval, the developer shall provide for sidewalks from each building entrance or exit, along parking lots, driveways and other buildings and across common yard spaces between buildings where pedestrian traffic can be expected to be concentrated.

F. Guaranties; improvements.

(1) The following guaranties shall be required:

(a) (Reserved)

(b) As a condition of final site plan approval, the developer shall furnish a maintenance guaranty as set forth in Subsection B(4) above. [Amended 6-31991 by Ord. No. 8-91; 6-1-1992 by Ord. No. 1592]

(2) The amount of any performance guaranty may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Township Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by said body by resolution.

(3) If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the -receipt of the proceeds thereof, complete such improvements.

(4) When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion of said improvements and shall send a copy thereof to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, 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.

(5) The governing body 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 said report and the action of said approving authority with relation thereto not later than sixty-five (65) days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or to provide such notification to the obligor within sixty-five (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 guaranty.

(6) If any portion of the required improvements is rejected, the approving authority 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.

(7) Nothing herein, however, shall be construed to limit the right of the obligor to contest, by legal proceedings, any determination of the governing body or the Municipal Engineer.

(8) The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.

G. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on the request of the applicant.

H. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to the provisions of this chapter, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval.