§ 244-39. Maintenance guarantee., Article V. Guaranties and Improvement Procedures, Chapter 244. Land Use and Development Regulations, Part II. General Legislation, Code of Ordinances, Jackson

A maintenance guarantee shall be furnished by the developer prior to the release of the performance guarantee in an amount equal to 15% of the installation of the improvements covered under the performance guarantee along with the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any.

The developer may elect to furnish such maintenance guarantee either by maintaining on deposit with the Township the ten-percent cash or certified check portion of the performance guarantee provided in accordance with § 244-32 of this chapter or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Township Attorney and Township Council.

The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of two years. The guarantee shall automatically expire at the end of the established term.

The maintenance guarantee shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guaranty. Should he fail in his obligation to properly maintain all improvements, the Township may, on 10 days' written notice, or immediately in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guaranty. At the end of the maintenance guaranty, the cash or certified check on deposit will be returned to the developer less any sums, properly documented by the Township, which have been expended to repair or replace any unsatisfactory improvements.