A. 
No project shall be considered in compliance with this chapter until the public improvements, including streets, streetlights, all street signs, sidewalks, curbs, landscaping, stormwater management facilities, storm drainage for dedication or which affect adjacent properties or streets, sanitary sewer facilities for dedication, water supply facilities, fire hydrants, lot line markers, survey monuments, recreational facilities, open space improvements and other such public improvement have been installed in accordance with this chapter, other applicable Township ordinances and the rules and regulations of a public utility or the Township Water and Sewer Authority.
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 the Township Water and Sewer Authority, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or Township Water and Sewer Authority and shall not be included within the financial security as otherwise required by this section.
C. 
No final plan shall be signed by the Board of Supervisors for recording in the office of the Dauphin County Recorder of Deeds unless:
(1) 
Financial security in accordance with § 173-17 is accepted by the Board of Supervisors;
(2) 
Financial security is accepted by a public utility or the Township Water and Sewer Authority, if necessary; and/or
(3) 
The improvements required by this chapter have been installed.
D. 
Such financial security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.
The administration of the financial security shall comply with the provisions of this article, the MPC, Act 247, as amended,[1] and other applicable laws of the commonwealth.
A. 
Submission of improvement guaranty. Final plan applications that include public improvements that have not been installed shall include an improvement guaranty in the form of an automatically renewable financial security. No financial security shall be required or provided for improvements where financial security is provided to the State Department of Transportation.
[Amended 11-4-2002 by Ord. No. 2002-9; 2-19-2019 by Ord. No. 2018-13]
(1) 
Type of financial security, Although the Board of Supervisors may accept an alternative type of financial security, commonly used forms such as irrevocable letters of credit and escrow accounts will be accepted. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided that said bonding company or lending institution is authorized to conduct such business in the commonwealth, subject to review by the Township Solicitor for adequacy. See Exhibit IV, Sample Irrevocable Letter of Credit.[2]
[2]
Editor's Note: Exhibit IV is included as an attachment to this chapter.
(2) 
Amount of financial security.
(a) 
The amount of financial security shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this chapter.
(b) 
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 professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township 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 Township and the applicant or developer.
(c) 
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 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 procedure.
(d) 
In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by phases, sections or stages of development subject to such requirements or guaranties 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.
(3) 
Security agreement. The developer shall declare the intent to provide an improvement guaranty by executing the security agreement included in this chapter.[3] The security agreement shall be submitted at the time application is made for approval of a final plan.
[3]
Editor's Note: Exhibit V, Security Agreement, is included at the end of this chapter.
B. 
Plan approval conditioned upon financial security. When requested by the developer, in order to facilitate financing, the Township Board of Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the governing body; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer. The extension must be requested by the applicant in writing.
C. 
Release of financial security.
(1) 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release of, 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 Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approval of the plan. Upon such certification the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed or, if the Board of Supervisors fails to act within said forty-five-day period, the Board of Supervisors shall be deemed to have approved the release of funds as requested. The Board of Supervisors 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.
(2) 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Supervisors in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. 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 shall 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, either in whole or in part, and if said improvements or 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.
(3) 
The Board of Supervisors shall notify the developer within 15 days of receipt of the Engineer's report, in writing, by certified or registered mail, of the action of the Board of Supervisors with relation thereto.
(4) 
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 or other security agreements.
(5) 
If any portion of said improvement 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.
(6) 
Documents for all permit transfers for access and maintenance of stormwater control systems shall be provided prior to the final release of improvement guarantee funds.
[Added 6-4-2012 by Ord. No. 2012-06[4]]
[4]
Editor's Note: This ordinance also provided for the redesignation of former Subsection C(6) as Subsection C(7).
(7) 
If any portion of said improvements are not approved or are rejected by the Board of Supervisors, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification outlined herein shall be followed.
D. 
Remedies to effect completion of improvements. In the event that any improvements which may be required have not been installed as provided in this article or in accord with the approved final plan, the Board of Supervisors is hereby granted the power to enforce any financial security by appropriate legal and equitable remedies. If proceeds of the financial 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 all or part of such improvements and may institute appropriate legal or equitable action to recover the funds necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the applicant, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.
E. 
Other effects of financial security. If financial security has been provided in lieu of the completion of the improvements required as a condition for the final approval of the plan as set forth in this article, the Township 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 plan upon actual completion of the improvements depicted upon the approved final plan. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvements of the streets providing access to and from existing public roads to such building or building as to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plan, 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 12-1-2008 by Ord. No. 2008-17]
All improvements shall be deemed to be private improvements and only for the benefit of the specific project until such time as the same have been offered for dedication and formally accepted by the Board of Supervisors. No responsibility of any kind with respect to improvements shown on the final plan shall be transferred until the improvements have been formally accepted. No roads shall be accepted for dedication until a minimum of 80% of the dwelling units are completed by phase. Dedications shall include all public improvements at one time and not piecemeal, i.e., no separation of sidewalks from roads, unless the plan was approved as such by the Board of Supervisors. No improvements shall be accepted for dedication except upon submission of as-built drawings by the developer and inspection of the final construction by the Township.
A. 
The owner or contractor shall schedule a pre-construction conference with the Township Engineer to be held at least four days prior to the start of any site construction, earth disturbance, clearing or grubbing.
[Added 9-8-2009 by Ord. No. 2009-16[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections A through E as Subsections B through F, respectively.
B. 
Prior to the initiation of construction, the developer shall notify the Township so that an inspection schedule can be coordinated with the construction schedule. Additionally, the Township and the Township Engineer shall be notified four working days in advance of any intended date of construction. The provisions stated herein shall be construed as mandating periodic inspections and the undertaking of periodic inspections shall not be construed as an acceptance of the work during construction or as a final inspection of the construction.
C. 
The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon time and material costs for the referenced inspections. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Township Engineer to the Township when fees are not reimbursed or otherwise imposed on applicants. When fees are disputed, the applicant and Township shall adhere to the procedure described in Section 510(g) of the MPC, Act 247,[2] and the professional resolving the fee dispute shall be of the same profession as the consultants whose fees are being disputed.
[Amended 11-4-2002 by Ord. No. 2002-9]
[2]
Editor's Note: See 53 P.S. 10510(g).
D. 
The Township, at the expense of the developer, reserves the right to require tests of the improvement to determine whether the improvement complies in all respects with the requirements of the Township.
E. 
The Township will invoice the developer for costs incurred by the Township for the inspection of improvements. Improvements shall not be finally approved until the invoice is paid.
F. 
A final inspection report by the Township Engineer shall be presented to the Board of Supervisors indicating no problems with the improvements.
[Added 12-1-2008 by Ord. No. 2008-17]
[Amended 12-1-2008 by Ord. No. 2008-17]
When the Township has accepted dedication of certain improvements, the Board of Supervisors may, at its discretion, require the applicant to submit a maintenance guaranty or other approved guaranty as specified herein, guaranteeing the structural integrity as well as function of any improvement shown on the final plan for a term not to exceed 18 months from the date of acceptance of dedication by the Board of Supervisors. Said guaranty shall not exceed 15% of the actual cost of installation of said improvement and be of the same type of financial security as required in this article. Stormwater facilities shall be required to be bonded for a period of 18 months after all public improvements and all principal structures utilizing that stormwater facility are one-hundred-percent completed.
[Amended 12-1-2008 by Ord. No. 2008-17]
A. 
Submission. Upon completion of all required improvements and prior to final inspection of improvements, the applicant shall submit a plan labeled "Record Plan," showing the location, dimension and elevation of all improvements. In addition, the plan shall indicate that the improvements are in substantial conformance with the previously approved drawings and specifications. The plan shall note all deviations from the previously approved drawings. Three copies of the plan (two paper prints and one digital submission) shall be submitted to the Township, which shall distribute the paper print to the Township Engineer and retain one paper print and the digital submission for the Township files. The record plans shall be recorded at the court house.
[Amended 2-19-2019 by Ord. No. 2018-12]
B. 
Digital submission requirements. All plans and as-built drawings submitted digitally shall meet the following standards:
(1) 
All data submitted shall be in compliance with the Manual of Practice for Professional Land Surveyors in the Commonwealth of Pennsylvania.
(2) 
All digital files submitted shall be based on accurate geometric calculations.
(3) 
Digital submissions shall have all layers clearly and separately represented. Included with all digital submissions, a metadata file shall be included outlining the following:
(a) 
A list of all layers, with a description of what those layers represent.
(b) 
A list of all point files and break lines, with a description of any abbreviations.
(4) 
All plans must be in Pennsylvania State Plane Coordinate System South Zone, utilizing the North American Datum of 1983 (NAD83) and the North American Vertical Datum of 1988 (NAVD88). Units shall be in U.S. survey feet.
(5) 
All plans must be submitted in AutoCAD drawing (.dwg), AutoCAD interchange (.dxf), AreView Shapefile (.shp), or ESRI GeoDatabase format on CD-Rom or other agreeable format acceptable to the Township.