Before approving any subdivision plan, the Board of Supervisors shall require a written agreement that necessary grading, paving and street improvements, sidewalks, streetlights, fire hydrants, water mains and sanitary sewers, as may be required by the Township, shall be installed by the developer in strict accordance with the design standards and specifications of the Township in Article VII and attached as Appendix A[1] to this chapter within a specified time period.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
The Board of Supervisors shall insure, through receipt of certificates of compliance submitted and attested by the Township Engineer, that required improvements have been installed according to the specifications of the final plat or final land development plan, or alternately require the posting of adequate surety to cover the cost for such improvements. The Board of Supervisors shall specify one of the following alternatives for guaranteeing compliance with the requirements of this Section for the developer requesting final approval of a plat or land development plan. The decision on which type of surety shall be required is that of the Board of Supervisors and final approval of a plat or land development shall not be granted until the surety required is fully provided.
A. 
Completion of improvements prior to final approval. Prior to final plat approval or final land development, the applicant shall complete, in a manner satisfactory to the Board of Supervisors and the Township Engineer, all improvements required in these regulations specified in the final subdivision plat or land development plan, and as approved by the Board of Supervisors, and shall dedicate same to the Township in accordance with these regulations. Final plat approval or final land development approval shall not be granted until the dedication of said improvements has been accepted by the Board of Supervisors.
B. 
Guarantee of future performance.
(1) 
In lieu of requiring the completion of all improvements prior to final plat or final land development approval, the Township may, at its discretion, enter into a contract with the applicant whereby the applicant shall guarantee to complete all improvements required by this chapter, or otherwise specified by the Board of Supervisors in a manner satisfactory to the Board of Supervisors. To secure this contract, the applicant shall provide, subject to the approval of the Board of Supervisors, one of the following guarantees:
(a) 
Surety bond. The applicant shall obtain a security bond from a surety bonding company authorized to do business in the State of Pennsylvania. The bond shall be payable to the Township and shall be in an amount sufficient to cover the entire cost, as estimated by the applicant and approved by the Township Engineer, of installing all improvements. The bond shall be in effect until such time as the improvements are accepted by the Township in accordance with the requirements of this chapter.
(b) 
Escrow account. The applicant shall deposit cash, or other fiduciary instrument readily convertible into cash at face value, either with the Township or in escrow with a bank. The use of any instrument other than cash, and, in the case of an escrow account, the bank with which the funds are to be deposited, shall be subject to the approval of the Board of Supervisors. The amount of the deposit shall be at least equal to the cost, as estimated by the applicant and approved by the Township Engineer, of installing all required improvements, plus 10%. Said amount shall be equal to 110% of the cost of completion as of 90 days following the scheduled date of completion. In case of an escrow account, the applicant shall file with the Board of Supervisors an agreement between the financial bank and himself guaranteeing the following:
[1] 
That the funds of said escrow account shall be held in trust until released by the Board of Supervisors and may not be used or pledged by the applicant as security in any other matter during the period;
[2] 
And that in the case of a failure on the part of the applicant to complete said improvements, the bank shall immediately make the funds in said account available to the Township for use in the completion of those improvements.
(c) 
Property escrow. The applicant shall offer as a guarantee land or other property, including corporate stocks or bonds. The value of any such property shall be at least equal to the cost, as estimated by the applicant and approved by the Township Engineer, of the installation of all required public improvements, plus 10%. Said amount to be equal to 110% of the cost of completion as of 90 days following the schedule date of completion. The County Assessor shall establish the value of any property so used and, in so doing, shall take into account the likelihood of a decline in the value of said property during the guarantee period. The Board of Supervisors shall retain the right to reject the use of any property when the value of such property is sufficiently unstable, when it believes that the property will be unusually difficult to sell, or for reasons such that will inhibit the Board of Supervisors from exchanging the property for a sufficient amount of money to complete the required improvements. When property is offered as an improvement guarantee, the applicant shall:
[1] 
Execute an agreement with the trustee, when it is not the Board of Supervisors, instructing the trustee to release the property to the Township in the case of default. The agreement shall also state that the property may be released only upon consent of the Board of Supervisors. The agreement shall be placed on file with the Township Secretary.
[2] 
File with the Board of Supervisors an affidavit affirming that the property to be used as a guarantee is free and clear of any encumbrances or liens at the time it is to be put in trust.
[3] 
Execute and file with the Board of Supervisors an agreement stating that the property to be placed in trust as an improvement guarantee will not be used for any other purpose, or pledged as a security in any other matter, until it is released by the Board of Supervisors.
(2) 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a registered professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another registered professional engineer licensed as such in this commonwealth and chosen mutually by the municipality and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the municipality and the applicant or developer.
(3) 
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.
(4) 
In the case where development is projected over a period of years, the governing body or the planning agency may authorize submission of final plats by section or stages of development, subject to such requirements or guarantees as to improvements in future sections or stages of development, as it finds essential for the protection of any finally approved section of the development.
Procedure:
A. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the governing body to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be, in writing, addressed to the governing body, and the governing body shall have 45 days from receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the governing body that such portion of the work upon the improvements has been competed in accordance with the approved plat. Upon such certification, the governing body shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the improvements completed or, if the governing body fails to act within said forty-five-day period, the governing body shall be deemed to have approved the release of funds as requested. The governing body may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
B. 
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this article.
C. 
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this article, the municipality shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question, if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. Any ordinance or statute inconsistent herewith is hereby expressly repealed.
D. 
When the developer has completed all of the required improvements, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy thereof to the Township Engineer.
E. 
The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Board of Supervisors and will promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, or if any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
F. 
The Board of Supervisors shall notify the developer, in writing, by certified or registered mail within 15 days of receipt of the Engineer's report, of the action of said Board of Supervisors with relation thereto.
G. 
If the Board of Supervisors or the Township Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to its performance guaranty bond.
H. 
If any portion of the required improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
I. 
Nothing herein, however, shall be construed in limitation of the applicant's or developer's right to contest or question by legal proceedings or otherwise any determination of the Board of Supervisors or the Township Engineer.
J. 
The municipality may prescribe that the applicant shall reimburse the municipality for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Municipal Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the municipalities when fees are not reimbursed or otherwise imposed on applicants.
A. 
In the event that any improvements which may be required have not been constructed and installed as provided for in the written agreement, this chapter and the requirements of the Board of Supervisors or in accord with the approved final plan, the Board of Supervisors shall enforce any corporate bond or other security by appropriate legal and equitable remedies.
B. 
If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements.
C. 
All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.
A. 
Before the Township Engineer shall issue to the Board of Supervisors a written certification that all improvements specified and required have been satisfactorily completed in accordance with the agreement and requirements relative to the subdivision or land development and in compliance with the specifications, standards, ordinances and requirements of the Township, the developer shall be required to deposit with the Township a maintenance bond in an amount not to exceed 15% of the actual cost of installation of said improvements, under such conditions, in such form and with approved surety as shall be required by the Board of Supervisors. Said maintenance bond shall guarantee the repairs and maintenance by the developer of the streets, roads, pavement, sidewalks, curbs, gutters, storm drains and facilities, sanitary sewer and facilities, sewage treatment plant and facilities and any other improvements constructed and installed in the subdivision or land development for a period of 18 months from the date of final and official acceptance of said improvements and facilities by the Board of Supervisors.
B. 
The repairs and maintenance required to be performed by the developer shall extend only to making good any inherent defects which become manifested in the materials and workmanship under ordinary conditions and shall not be held to cover any breakage or damage caused by improper use or by accident resulting from circumstances over which the developer has no control.
A. 
No road, street, land, way or related improvement shall be accepted as a part of the highway system of the Township or for maintenance unless opened, laid out, graded and improved in strict accordance with the standards and regulations of the Township. The requirements, specifications and standards of construction, material and appurtenances as designated herein are considered as minimum and the Board of Supervisors may, as it deems advisable, revise said specifications and requirements to secure a higher standard of improvements and community development.
B. 
No stormwater drainage facilities, sanitary sewer and sewage treatment facilities, water supply and water distribution system, and facilities or any other facilities or improvements will be accepted as a part of the Township's facilities for operation and maintenance unless designed and constructed in strict compliance with all the standards, specifications, rules, regulations, ordinances and requirements of the Township.
A. 
Upon approval of a final plat or land development plan, the developer shall, within 90 days of such final approval or 90 days after the date of delivery of an approved plat, signed by the Board of Supervisors, following completion of conditions imposed for such approval, whichever is later, record such final plat or land development, an approved duplicate copy of the same in the office of the County Recorder of Deeds, and file with the Secretary of the Township, a recorders certificate that the approved final plat or land development plan has been recorded, with the plan book and page numbers indicated, and approval shall not become final and effective until such certificate has been filed. The applicant shall provide a duplicate tracing of the officially recorded plan to the Township Secretary for Township files.
B. 
After an approved subdivision plat or land development plan shall have been officially recorded, the streets, parks, and other public improvements shown thereon shall be so considered to be a part of the official plan of the Township.
C. 
Streets, parks and other public improvements shown on a subdivision plat or land development plan to be recorded may be offered for dedication to the Township by formal notation thereof on the plat or plan, or the owner may note on such plan that any improvements have not been offered for dedication to the Township.
D. 
Every street, park or other improvement shown on a subdivision plat or land development plan shall be deemed to be a private street, park or improvement until such time as the same shall have been offered for dedication to the Township and accepted by ordinance or resolution, or until it shall have been condemned for use as a public street, park or other improvement.
Any applicant aggrieved by a finding, decision or recommendation of the Darlington Township Planning Commission or the Township Board of Supervisors may present additional relevant information and request reconsideration of the original findings, decision or recommendation upon written request within 30 days of notification of the Planning Commission's or Board of Supervisors' decision.
If any road or any drainage facilities in connection therewith shall be opened, constructed, or dedicated for public use or travel, except in strict accordance with plats approved and recorded as herein provided, neither the Board of Supervisors nor any public authorities shall place, construct, or operate any sewer, drain, water pipe or other facilities, or do any work of any kind, in or upon such road; and neither the Township Supervisors nor any other public authorities shall have any responsibility of any kind with respect to any such road or drainage facilities, notwithstanding any use of the same by the public. Provided, however, that nothing herein contained shall prevent the laying of trunk sewers, drains, water or gas mains, if required by engineering necessity for the accommodating of other territory.