A. 
No project shall be considered in compliance with this chapter until the streets, all street signs, sidewalks, curbs, landscaping, 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 and other such public improvements have been installed in accordance with this chapter and other applicable Township ordinances.
B. 
No final plan shall be signed by the Board of Supervisors for recording in the office of the Lancaster County Recorder of Deeds unless:
(1) 
A financial security in accordance with § 240-18 is accepted by the Board of Supervisors; and/or
(2) 
The improvements required by this chapter have been installed.
The administration of the financial security shall comply with the provisions of this article, the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] and other applicable laws of the commonwealth.
A. 
Submission of financial security. Final plan applications that include public improvements that have not been installed shall include a financial security.
(1) 
Type of financial security. Although the Board of Supervisors may accept an alternative type of financial security, commonly used forms are irrevocable letters of credit and escrow accounts. Such financial security shall be posted by a chartered lending institution or bonding company authorized to do business in the Commonwealth of Pennsylvania and is subject to review by the Township Solicitor for adequacy.
(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 schedule for completion or a rescheduled date of completion. Subsequent to said adjustment, the municipality 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 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 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.
(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 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 procedure.
B. 
Release of financial security.
(1) 
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 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 Engineers 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 Engineers, said report shall contain a statement of reasons for such nonapproval or rejection.
(2) 
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.
(3) 
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 agreement.
(4) 
If any portion of the said 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.
(5) 
Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination of the Board of Supervisors or the Township Engineer.
(6) 
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.
C. 
Other 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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. All requests for dedication shall follow the current procedures of the Township of West Lampeter.
The Board of Supervisors may, at its discretion, require the applicant to submit a maintenance guarantee or other approved guarantee 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 guarantee shall not exceed 15% of the actual cost of installation of said improvements and be of the same type of financial security as required in this article.
A. 
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.
B. 
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.
Upon completion of all required improvements and prior to final inspections of improvements, the applicant shall submit a plan labeled "as-built plan," showing the location, dimension and elevation of all improvements. In addition, the plan shall indicate that the resultant grading, drainage structures and/or drainage systems and erosion and sediment control practices, including vegetative measures, are in substantial conformance with the previously approved drawings and specifications. The plan shall note all deviation from the previously approved drawings. Two copies of the plan (one paper transparency and one plastic transparency) shall be submitted to the Township, which shall distribute the paper transparency to the Township Engineer and retain the plastic transparency for the Township files.