At the time of filing a plan for final approval and as a condition to such approval, the applicant shall deposit with the Township an irrevocable letter of credit, acceptable to the Board of Supervisors, with the approval of the Township Solicitor, in compliance with Section 509 of the Pennsylvania Municipalities Planning Code[1] and in an amount sufficient to cover the costs of any improvements which may be required, plus 10%. Such letter of credit shall provide for and secure to the public the completion of any improvements which may be required within the period fixed for such completion, with a one-year maximum period, unless extended by the bank or surety firm in writing and approved by the Board of Supervisors.
[1]
Editor's Note: See 53 P.S. § 10509.
Following completion of required public improvements and the acceptance by the Township of said improvements, a maintenance security shall be posted with the Township for a period of 18 months to secure the structural integrity of said improvements. The amount of the financial security shall not exceed 15% of the cost of installation of the improvements as approved, and shall be in the form of a municipal bond.
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 the Commonwealth of Pennsylvania 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 refused to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the Commonwealth of Pennsylvania 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.
A. 
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 and 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 or reasons for such nonapproval or rejection.
B. 
If, for any reason, the required inspections cannot be made by the Township Engineer, the Board of Supervisors shall cause such required inspections and report to be made by a qualified engineer.
C. 
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 the Supervisors with relation thereto.
D. 
If the Board of Supervisors or the engineer fail to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released for all liability pursuant to its performance guaranty bond or other security agreement.
E. 
If any portion of said improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete the same, and upon completion, the same procedure of notification as outlined herein shall be followed.
F. 
The developer shall deposit with West Deer Township at the time of issuance of a grading, building or zoning permit an amount equal to the costs of inspection by the Township Engineer of all public improvements shown on the final plat. Said deposit shall not exceed 15% of the estimated cost for installation of proposed improvements.
G. 
Nothing herein, however, shall be construed in limitation of the developer's right to contest or question, by legal proceeding or otherwise, any determination of the Board of Supervisors or any engineer.
In the event that any improvements which are required have not been installed as provided in this chapter or in accord with the approved final plan, the Board of Supervisors may enforce any corporate bond, irrevocable letter of credit or other financial security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of the 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 moneys 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 developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other Township purpose.
No right-of-way, easement, public grounds, street or other public improvement shall be accepted by the Township, until such has been provided and/or installed and approved in accordance with the provisions of this chapter. The acceptance shall be formalized through the passage of a Township ordinance or resolution.