A. 
No project shall be considered in compliance with this chapter until the streets, street signs, sidewalks and curbs within street rights-of-way, buffer planting, storm drainage facilities for dedication or which affect adjacent properties and/or streets, sanitary sewer facilities for dedication (exclusive of laterals), water supply facilities (exclusive of laterals), fire hydrants, lot line markers and survey monuments have been installed in accordance with this chapter.
B. 
No final plan shall be signed by this Township for recording in the office of the Lancaster County Recorder of Deeds unless all improvements required by this chapter installed in accordance with the improvement construction plan as specified in § 285-7G of this chapter, improvement construction assurance, in accordance with § 285-16 is accepted by the Township or the Authority.
C. 
The administration of improvement construction assurances shall comply with the provisions of this chapter and other applicable laws of the commonwealth.
All guarantees shall be prepared by the developer in the form required by the Township or by the Authority and acceptable to the Solicitor of the Township or Authority. The amount of the guarantee shall be calculated in accordance with Article V of the Municipalities Planning Code. The guarantee shall assure completion of all improvements within a time period as may be determined by the Township. The following are acceptable forms of guarantees. All other forms of guarantees shall be individually approved by the Township or Authority.
A. 
Letter of credit. A letter of credit provided by the developer from a financial institution or other reputable institution subject to the approval of the Township or Authority. This letter shall be deposited with the Township or Authority and shall certify the following:
(1) 
That the creditor does guarantee funds in an amount equal to the cost of completing all required improvements.
(2) 
In case of failure on the part of the developer to complete the specified improvements within the required time period, the creditor shall pay to the Township or Authority immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
(3) 
The letter of credit may not be withdrawn, or reduced in amount, until released by the Township or Authority.
B. 
Surety performance bond. A security bond from a surety bonding company authorized to do business in the Commonwealth of Pennsylvania. The bond shall be payable to the Township and/or the Authority accepting the improvement.
C. 
Escrow account. A deposit of cash either with the Township and/or Authority or in escrow with a financial institution. The use of a financial institution for establishing an escrow account shall be subject to approval by the Township or Authority. In the case of an escrow account, the developer shall file with the Township or Authority an agreement between the financial institution and himself guaranteeing the following:
(1) 
That the funds of said escrow account shall be held in trust until released by the Township or Authority and may not be used or pledged by the developer as security in any other matter during that period.
(2) 
In the case of a failure on the part of the developer to complete said improvements, then the institution shall immediately make the funds in said account available to the Township or Authority for use in the completion of those improvements.
A. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to authorize the release of such portions of the financial security associated with the completed improvements. Requests for the partial release of financial security as the work of installing the required improvements proceeds shall be made and governed by § 509 of the Municipalities Planning Code.
B. 
At such time that the developer has completed and installed the required improvements, the Board of Supervisors shall consider the developer's request for a release from the improvement guarantee in accordance with the procedure set forth in § 510 of the Municipalities Planning Code.
All improvements including streets, any and all easements for sanitary sewers, water lines or storm sewers and improvements thereto including street paving, sidewalks, street trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations and other appurtenances shall be deemed to be private improvements and only for the benefit of the specific subdivision or land development until such time as the same have been offered for dedication and formally accepted by the Township, or appropriate authority or entity, by ordinance, resolution, deed or other formal action or document. The developer shall reference and complete the Township's Road Dedication Checklist (See Appendix 25[1]) and submit any necessary documentation, fees and as-constructed plans, in accordance with § 285-24, for all improvements which will be dedicated to the Township or Authority. Neither the Township nor the Authority shall have any responsibility of any kind with respect to improvements shown on the final plan until the improvements have been formally accepted by the Township or the Authority.
[1]
Editor's Note: Appendix 25 is located at the end of this chapter.
The wearing course of streets shall not be completed prior to such time that 75% of the lots in the subdivision or land development have been improved by the construction of a primary residential, commercial, industrial or institutional structure, if approved for such uses. At such time as 75% of the lots in the subdivision have been improved as set forth above, the Township may notify the developer to complete the surface course within 60 days from the date of such notice. In computing the sixty-day requirement, the period from October 1 to April 1 shall not be counted.
In the event that any improvements which are required by this chapter have not been installed as provided in this chapter or in accord with the approved final plan, the Supervisors may enforce any corporate bond, or other security, by appropriate legal and equitable remedies. 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.
A. 
The Township shall inspect the improvements during construction. The developer shall pay the cost of any such inspection in accordance with the provisions of Article V of the Municipalities Planning Code. The developer shall provide at least 48 hours notice prior to the start of construction of any improvements that are subject to inspection. All inspections of completed items shall be requested, in writing, at least 48 hours in advance of the inspection time and date.
B. 
Inspections shall be required during the following phases of site construction. This general list of phases may be amended by mutual agreement of the Township and developer when the site requires special construction procedures. The inspection schedule must be submitted with the final plan or shown on the approved improvement construction plan.
(1) 
General site construction.
(a) 
Upon completion of preliminary site preparation including stripping of vegetation, stockpiling of topsoil and construction of temporary erosion and sedimentation control devices.
(b) 
Upon completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
(c) 
During the construction of permanent stormwater management facilities and underground facilities.
(d) 
Upon the final completion of permanent stormwater management facilities, including the establishment of ground covers and plantings.
(e) 
After review of the as-built drawings, but prior to final release of the financial guarantee for completion of final grading, vegetative controls or other site restoration work.
(2) 
Street construction.
(a) 
Preparation of road subgrade. At the time of this observation, the subgrade should be proof rolled and the proposed crown and grade should be checked. It is recommended that a representative of the developer or contractor accompany the observer when the crown and grade are checked. Proof rolling should be performed with a fully loaded, single-axle dump truck. This observation must occur prior to any stone subbase being placed.
(b) 
Placement and compaction of road subbase. At the time of this observation, the depth of subbase should be checked after compaction, the subbase should be proof rolled in the same manner as the subgrade, and the crown and grade should be checked again. This observation must occur prior to any binder or base course being placed.
(c) 
Placement and compaction of the binder/base course. At the time of this observation, the depth of the binder/base course should be checked, ambient temperature should be monitored (this is important in early spring and late fall days when the temperature can go below acceptable limits), the temperature of the bituminous material should be checked (if possible), and it is recommended that copies of the weight slips for each truckload be obtained. The crown and grade should also be checked again. This observation must occur prior to the wearing course being placed.
(d) 
Placement and compaction of the wearing course. At the time of this observation, the guidelines for the placement and compaction of the binder/base course should be followed.
(3) 
In addition to the above outlined observations, additional observations will be made at the request of the developer for reduction of financial securities. Random observations should be made at the frequency desired by the Township. At the time of any of the above listed observations, all ongoing construction (e.g., storm drainage, sanitary sewer, water, erosion control, etc.) should also be checked for compliance with the approved plans and the findings reported. Since the above inspections are mandatory, it is recommended that requests for reduction of financial guarantee be submitted to coincide with the above inspections.
The developer shall maintain all streets in the subdivision or development in travelable condition, including the prompt removal of snow, until such time as the streets are accepted by the Township as part of the Township highway system; or, if such streets are not to be dedicated, until a homeowners' association or other entity responsible for the maintenance of the streets has been formed and accepted such maintenance responsibility.
Recording of the final plan after approval of the Board of Supervisors has the effect of an irrevocable offer to:
A. 
Dedicate all streets and other public ways, including stormwater management facilities, utilities or other public improvements installed within the right-of-way of the street, to the Township and/or commonwealth and/or Authority, as applicable, unless such streets are indicated on the plan as private streets.
B. 
Dedicate all parks, open space and recreation areas shown on the plan as being public parks, open space or recreation areas to the Township.
C. 
Dedicate all utility easements for sanitary sewerage and/or public water facilities and appurtenances located outside of public street rights-of-way to the Authority.
Prior to the final release of the financial security by the Supervisors, the developer shall provide the Township with one Mylar and two prints of the as-constructed plan, at the same size and scale of the approved plans, showing the following:
A. 
Actual location of all concrete monuments and/or markers which were found or set at all angle breaks, points of curvature and tangents around the perimeter of the total tract. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented at the above referenced points.
B. 
Actual location of all iron pins or drill holes in curbs for all individual lot lines.
C. 
Actual cul-de-sac radius.
D. 
Actual horizontal location of cartway center line versus right-of-way center line should be indicated by dimension.
E. 
Actual horizontal location of floodplain by elevation and dimension from property line.
F. 
Actual horizontal location and cross section of swales and accompanying easements.
G. 
Actual horizontal and vertical location of stormwater management facilities including type and size drainage pipes.
H. 
Detention basin.
(1) 
Actual contours of the detention basin.
(2) 
Actual outlet structure details including type size and inverts of outlet pipes.
(3) 
Actual elevation of the embankment and emergency spillway.
(4) 
A table showing the stage/storage/discharge curve for the constructed conditions.
The Township and/or the Authority may require that the developer submit a maintenance guarantee to secure the structural integrity and functioning in accordance with the designs and specifications as depicted on the final plan for any improvement to be dedicated to the Township or the Authority for a period of 18 months from the date of acceptance of dedication. Such maintenance guarantee shall be in a form acceptable to the Township or Authority Solicitor and shall be in the amount of 15% of the actual cost of installation of said improvements unless a lesser amount is accepted by the Township or Authority.