A. 
Prior to Final Plan approval, the Supervisors shall require the applicant to install all improvements, both public and private, or to furnish the Township financial security to cover the costs and guarantee the installation of all improvements. Improvements shall be developed in conformance with the Final Plan and all applicable Township ordinances and regulations, and in accordance with applicable state and federal laws. The applicant shall not be released from all or portions of the guarantee until all improvements or portions thereof are inspected and found to be properly installed and properly functioning in compliance with Township, state and federal laws and ordinances as determined by the Township Engineer.
B. 
Financial security required to cover the cost of all improvements shall be in the form of a restrictive or escrow account with a federal or commonwealth chartered lending institution or such other type of financial security authorized by the Pennsylvania Municipalities Planning Code, Act 247 as amended and revised.
C. 
The financial security shall provide for, and secure to the public, the completion of all improvements for which the security is being posted on or before the date of the formal action of Township approval or accompanying agreements for completion of the improvements. Any financial security agreement shall require that, where the Township Board of Supervisors has not determined the completion of all improvements, as of the required completion date, the Township shall immediately receive in cash the full amounts guaranteed by the escrow account or other financial security, unless the Township Board of Supervisors, in its discretion, agrees in writing to an extension or other amendment to the financial security agreement.
D. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the applicant.
(1) 
The amount of financial security required shall be based on an estimate of the cost of completion of the required improvements. This estimate shall be prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and determined to be a fair and reasonable estimate of such costs. The Township, upon recommendation of the Township Engineer, may refuse to accept the estimate for good cause.
(2) 
If the applicant or the applicant's agent, and the Township, are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed in the Commonwealth of Pennsylvania and chosen mutually by the Township and the applicant or applicant's agent. 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 shall be paid equally by the Township and the applicant or applicant's agent.
E. 
The Township may adjust the amount of financial security on an annual basis by comparing the actual cost of the improvements which have been completed to date, and the estimated cost of completing the remaining improvements as of the expiration date or a rescheduled completion date.
(1) 
Any adjustment of the amount of financial security shall consider, among other things, the cost of completing unfinished improvements, and the cost of correcting foreseen and unforeseen problems that have arisen during development. Subsequent to said adjustment, the Township may require the developer to post additional security in order to ensure that the financial security equals 110% of the remaining improvements. Any additional security shall be posted by the developer in accordance with this subsection.
(2) 
If the applicant or applicant's agent requires more than one year from the date of the posting of the financial security to complete the required improvements, the amount of the financial security may be increased by an additional 10% for each one-year period, or portion thereof, beyond the first anniversary date from the posting, or to an amount not exceeding 110% of the cost of completing the remaining improvements.
F. 
When requested by the applicant or applicant's agent, in order to facilitate financing, the Township Board of Supervisors shall furnish a signed copy of a resolution indicating approval of the Final Plan contingent upon the applicant or applicant's agent obtaining a satisfactory financial security. The Final Plan shall not be signed or 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 Board of Supervisors; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the applicant.
G. 
In a case where development is projected over a period of years, the Township may authorize submission of Final Plans by section or stages of development, subject to such requirements or guarantees as to improvements in future sections or stages of development it finds essential for the protection of any finally approved section of the development.
H. 
If any utility systems 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 Township, financial security to ensure 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 the Township.
I. 
As the work of installing the required improvements proceeds, the applicant or applicant's agent may request the Board of Supervisors 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.
(1) 
Any such request shall be in writing addressed to the Board of Supervisors. The Board shall have 45 days from receipt of such request within which to allow the Township Engineer to determine, in writing, that such portion of the work on the improvements has been completed in accordance with the approved plans and agreements.
(2) 
Upon such determination, the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer as fairly representing the value of the improvements completed.
(3) 
The Township Engineer, in determining the completion of the work for a partial release, shall not be bound to the amount requested by the applicant, but shall convey to the Board his independent evaluation of the proper amount of releases. The Board of Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
A. 
The applicant or applicant's agent shall construct all roads, together with all other improvements including, but not limited to, grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas, and stormwater management. All construction shall be in conformance with the Final Plan, the applicable provisions of the Pennsylvania Department of Transportation Specifications, Form 408, the latest revision, and all other applicable regulations
B. 
No plan shall be finally approved for recording, and no building permits shall be issued until the applicant or applicant's agent has completed all required improvements or has provided a performance guarantee in accordance with Article V herein.
A. 
The Township Engineer shall be notified by the applicant or applicant's agent at least two working days before the start of construction of any improvements requiring inspection. The construction or installation of all improvements shall at all times be subject to inspection by the Township, who shall determine that such improvements comply with approved plans. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner, or that stormwater management and erosion control facilities are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction, the said representatives may be empowered to require corrections to be made, and/or the suspension of subdivision approval, and to issue a cease-and-desist order which may include any or all of the following sanctions:
(1) 
That no lot in the subdivision shall be conveyed or placed under agreement of sale;
(2) 
That all construction on any lots for which a building permit has been issued shall cease;
(3) 
That no further building permits for any lots shall be issued.
B. 
The said cease and desist order shall be terminated upon determination by the Township that the said defects or deviations from plan requirements have been corrected.
C. 
After commencement of initial earthmoving operations, the Township Engineer or his designee shall inspect at the following milestones in the development of the site, or at each stage thereof. The Township Engineer may make random inspections as deemed necessary and appropriate.
(1) 
Upon completion of stripping, the stockpiling of topsoil, the construction of temporary stormwater management and erosion control facilities, disposal of all unsuitable materials, and preparation of the ground.
(2) 
Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage or other site improvements, or establishing covers.
(3) 
During construction of the permanent facilities, at such time(s) as specified by the Township Engineer.
(4) 
Upon completion of permanent stormwater management facilities, including established ground covers and planting for that purpose.
(5) 
Upon completion of final grading, vegetative control measures, and all other site restoration work undertaken in accordance with the approved plan and permit.
D. 
No underground pipes, conduits, cables, structures, subgrades or base course shall be covered until inspected and approved by the Township Engineer or designee. A minimum of seven inspections shall be required. The applicant or applicant's agent shall be responsible for arranging for other inspections that may be required by another agency or entity These inspections shall occur at the following times:
(1) 
Upon excavation and completion of subgrade.
(2) 
Upon excavation, installation and completion of drainage structures, community sewage systems and water supply systems, and other utilities.
(3) 
During backfill.
(4) 
Before placing first base course and between subsequent base courses.
(5) 
Before binder course.
(6) 
Before wearing course.
(7) 
Final inspections in accordance with § 320-24A.
A. 
When the applicant or applicant's agent 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 aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board of Supervisors shall, within 10 days of receipt of such request, direct and authorize the Township Engineer to inspect all the aforesaid improvements.
(1) 
The Township Engineer, following the inspections, shall file a report in writing with the Board of Supervisors, and shall promptly mail a copy of the same to the applicant or the applicant's agent by certified or registered mail.
(2) 
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.
(3) 
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 rejection. The Township Engineer shall maintain a permanent file of his inspections.
B. 
Within 15 days of receipt of the Township Engineer's report, as provided in Subsection A, the Board of Supervisors shall notify the applicant or applicant's agent by certified or registered mail, of the action of the Board of Supervisors with relation to the approval, nonapproval, or rejection of improvements.
C. 
If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the applicant or applicant's agent shall proceed to complete or correct same and, upon completion, the same procedure of notification as outlined in Subsection A shall be followed.
D. 
The applicant or applicant's agent shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Township, and 10% of the performance guarantee shall be held back until a maintenance guarantee, as provided for in § 320-28, has been posted and as-built plans are verified and accepted by the Township.
[Amended 3-28-2005]
Within 30 days after completion and approval by the Board of Supervisors of the subdivision and land development improvements as shown on the Final Plan, and before the acceptance of such improvements, the applicant shall submit to the Board of Supervisors a corrected copy of said plans indicating actual dimensions and conditions of streets and all improvements, determined by a professional engineer, to be in accordance with actual construction. The submission shall be by providing to the Township Manager one Mylar copy, three paper copies, and the complete plan in CAD form compatible to the Township format.
A. 
Upon completion of any public improvements shown on an approved Subdivision Plan and within 90 days after approval of such public improvements as herein provided, the applicant or applicant's agent shall submit a written offer of such public improvements for dedication to the Township.
(1) 
Said offer shall include a Deed of Dedication covering said public improvements, together with a copy of a title insurance policy establishing the applicant's clear title to said property. Such documents are to be filed with the Township Manager for review by the Township Solicitor.
(2) 
Deeds of Dedication for public improvements may be accepted by resolution of the Board of Supervisors at a regular Board meeting thereof. Prior to acceptance of dedication, the Board of Supervisors may require that at least 75% of the lots in any approved subdivision or development (or phase thereof, if Final Plan approval has been in phases) have been issued certificates of occupancy for dwellings occupied therein.
(3) 
Should the above-mentioned roads or streets, even though constructed according to these specifications, deteriorate before the said 75% of the lots have dwellings occupied thereon, such roads or streets shall be repaired in a manner acceptable to the Township Board upon recommendation of the Township Engineer before being accepted by the Township.
B. 
The Board of Supervisors may require that permanent stormwater facilities or other subdivision and land development improvements remain not dedicated to the Township, with maintenance the responsibility of individual lots owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities.
A. 
Where the Board of Supervisors accepts dedication of all or some of the completed improvements, the Board shall require the posting of financial security to ensure the continued functioning of the improvements in accordance with the design and specifications as depicted on the Final Plan. The security shall be in the form authorized for the deposit of the performance guarantee, as described in Article V hereof, and shall be for the term of 18 months from the date of the acceptance of dedication and shall be in an amount equal to 15% of the actual cost of installation of the improvements so dedicated.
B. 
Where maintenance of subdivision and land development improvements, including stormwater management facilities, is to be the responsibility of individual lot owners, homeowners' association or similar entity or organization capable of carrying maintenance responsibilities, the Board of Supervisors shall require that such responsibilities shall be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest and may require further maintenance funds be established and noted on Final Plan.
C. 
Maintenance and performance guarantee for subdivision and land development improvements that are located on an individual lot are the responsibility of that landowner. This shall include the perpetuation of natural drainage and may include perpetuation of infiltration facilities and/or maintenance of facilities constructed by the individual lot owner under terms of the grading permit in accordance with Chapter 194 Grading, Erosion and Sediment Control; Stormwater Management.
[Amended 1-27-2014; 4-7-2014 by Ord. No. 10]
D. 
On or before the completion of subdivision or land development improvements, the permanent stormwater management system for a tract shall be installed or constructed in accordance with the approved Stormwater Management Plan. All such work shall be as specified in the approved plan. Continued functioning of these facilities shall be guaranteed and maintenance, as necessary, performed in accordance with the provisions contained herein.
E. 
If the Township determines at any time that stipulated permanent stormwater management facilities have been eliminated, altered, or improperly maintained, the owner shall be advised of corrective measures required within a period of time set by the Township Engineer. If such measures are not taken by the owner, the Township may cause the work to be done and lien all costs against the property.