A. 
No project shall be considered in compliance with this chapter until all improvements required by this chapter have been constructed, and installed by the developer, as shown on the approved final plan, and all supplemental plans and drawings accompanying the preliminary plan and approved final plan.
B. 
The developer shall execute a developer's agreement (see sample memorandum Appendix No. 11),[1] which sets forth the responsibilities of all parties regarding the installation and inspection of the required improvements. The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of the improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C. 
All improvements shall be constructed in accordance with the applicable specifications of this chapter or other ordinances of the Township or rules and regulations of any authority or utility company having jurisdiction, or other applicable regulations. Where no Township specification applies, specifications prepared by the Township Engineer shall be used.
D. 
When sanitary sewer and water supply facilities 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 assure 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 with the financial security as otherwise required by this section.
E. 
The applicant is not required to provide financial security for the cost of any improvements for which financial security is required by, and provided to, the Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 520 of the Act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law."
F. 
No final plan shall be signed by the Board of Supervisors for recording in the office of the Centre County Recorder of Deeds, unless:
(1) 
A financial security in accordance with § 290-20 is accepted by the Board of Supervisors, and the Board of Supervisors has received confirmation that the public utility or municipal authority has been provided with financial security, if applicable; and/or
(2) 
The improvements required by this chapter have been installed, in accordance with § 290-21.
The administration of the financial security shall comply with the provisions of this article, the Pennsylvania Municipalities Planning Code, Act 247, as reenacted and amended by Act 170 of 1988, and as subsequently amended,[1] and other applicable laws of the commonwealth.
A. 
Submission of financial security. Final plan applications which include required improvements that have not been installed shall include financial security and memorandum of understanding (see sample memorandum available at the Township municipal office).
(1) 
Type of financial security. Financial security must comply with the following, and is subject to review by the Township Solicitor and Board of Supervisors for adequacy:
(a) 
Irrevocable letter of credit. A letter provided by the developer from a federal- or commonwealth-chartered financial institution, which is authorized to conduct such business within the commonwealth.
(b) 
Escrow account. A deposit of cash, either with the Township, or in escrow, with a federal- or commonwealth-chartered financial institution, which is authorized to conduct such business within the commonwealth.
(c) 
Security bond. A security bond from a surety bonding company authorized to do business in the Commonwealth of Pennsylvania.
(2) 
General contents. The terms of any financial security documents shall be acceptable to the Township Solicitor. In addition to other information required by the Township, financial securities shall include the following:
(a) 
The amount of secured funds.
(b) 
In case of failure on the part of the developer to complete the specified improvements within a time period specified in a written agreement, the funds shall be paid to the Township immediately and without further action, upon presentation of a signed draft in an amount necessary to finance the completion of those improvements, up to the limit of the security.
(c) 
The security is irrevocable and may not be withdrawn, or reduced in amount by other than the Township, until released or partially released by the Township.
(3) 
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 (including quantities and unit cost) of the required improvements, submitted by a developer, and prepared and certified by an engineer to be a fair and reasonable estimate of such cost.
(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 all or part of the financially secured improvements are completed, the developer may notify the Board of Supervisors and request a release of the financial security. Requests for a reduction of a portion of the financial security shall be limited to an amount that is at least a minimum 20% of the original total financial security, unless a smaller percentage equals at least $100,000.
(2) 
All requests for release of financial security shall be in writing, by certified or registered mail, to the Board of Supervisors, at the Township municipal office, and a copy thereof shall be sent to the Township Engineer. This notice shall include the as-built plan, in accordance with § 290-25, and specifically identify in writing the improvements for which a reduction in the financial security is requested.
(3) 
After receipt of notice for release of financial security, the Board of Supervisors shall, within 10 days, authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, within 30 days of authorization, file a written report 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 detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, are not approved by the Township Engineer, said report shall contain a statement of reasons for such rejection.
(4) 
The Board of Supervisors shall notify the developer, within 15 days of receipt of the Township Engineer's report in writing, by certified or registered mail, of the action of the Board of Supervisors with relation thereto.
(5) 
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.
(6) 
A portion of the financial security may be retained as a maintenance guarantee in accordance with § 290-23.
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.
The procedure is available for the installation of required improvements in-lieu-of placing financial security with the Township.
A. 
Authorization for construction.
(1) 
The applicant may receive approval to construct only the improvements required as part of this chapter, upon receipt of conditional final plan approval, with the only outstanding condition being the guarantee of public improvements, and the recording of the plan. However, the approvals/permits from other agencies with jurisdiction shall be obtained.
(2) 
The construction of improvements is limited to streets, street signs, survey monuments and markers, required by this chapter, storm drainage for dedication or which affects adjacent properties or streets, sanitary sewer facilities for multiple use, water supply facilities for multiple use, fire hydrants, and other such improvements.
(3) 
The application (see Appendix No. 10[1]) shall be submitted to the Township Secretary, or designee, at the Township municipal office, on any business day. The Township Secretary, or designee, shall review the application and notify the applicant in writing if all conditions are met and the construction of public improvements is authorized.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Completion of public improvement.
(1) 
When all or part of the required improvements are completed, the developer shall notify the Board of Supervisors. Except for mandatory inspection during construction, notification of completion of a portion of the required improvements is only necessary should the developer elect to financially secure the remaining improvements in accordance with § 290-20.
(2) 
Notification of completion of improvements shall be in writing, by certified or registered mail, and a copy thereof shall be sent to the Township Engineer. This notice shall include the as-built plan, in accordance with § 290-25.
(3) 
After receipt of notice that improvements are completed, the Board of Supervisors shall, within 10 days, authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, within 30 days of authorization, 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 detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, are not approved by the Township Engineer, said report shall contain a statement of reasons for such rejection.
(4) 
The Board of Supervisors shall notify the developer within 15 days of receipt of the Township Engineer's report in writing, by certified or registered mail, of the action of the Board of Supervisors with relation thereto.
(5) 
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.
(6) 
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.
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 plan shall be transferred until the improvements have been formally accepted. All requests for dedication shall be made in accordance with Township rules and regulations, and shall include all information required by the Township for processing such a request, and shall be accompanied by a required filing fee.
The Board of Supervisors shall require the developer 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 be 15% of the actual cost of installation of said improvements and be of the same type of financial security as required in this article. Maintenance guarantee shall not start until as-built plans are approved by the Township (see § 290-25).
Observations shall be required before the start of construction, during installation of materials and structures, and upon the completion of all improvements. Before the initiation of construction, the developer shall arrange a pre-construction meeting with the Township Engineer and Township Roadmaster, or designee(s), so that an observation schedule can be coordinated within the construction schedule. The Township Engineer and Township Roadmaster, or designee(s), shall be notified five working days in advance of any intended date of construction. The provisions stated herein shall not be construed as mandating periodic inspections, and the undertaking of periodic observations shall not be construed as an acceptance of the work during construction or as a final observation of the construction. The Township, at the expense of the developer, reserves the right to require drawing details, shop drawings, and tests by approved testing facilities, to determine whether the improvement complies in all respects with the requirements of the Township.
A. 
Inspection of public improvements by Township. The portions of the construction listed herein shall be inspected as follows:
(1) 
Underground utilities. Inspection of utility installation shall be performed by the utility company or utility authority having jurisdiction. Inspection and testing of trench backfill, pipe/conduit installation, including service laterals, relays, meter pits, hand holes, transformer foundations, poles, guide wires, manholes, prior to backfilling.
(2) 
Concrete curb. Observation before installation of string line to show curb, grade and alignment. Constant and full-time inspection of material placement, including the submittal of all certified material delivery slips.
(3) 
Sidewalk. Constant and full-time inspection of material placement, including the submittal of all certified material delivery slips.
(4) 
Storm drainage easements. Observation of finish grade elevations, alignments and profiles of each storm drainage easement.
B. 
Soil erosion and sediment pollutant control. The developer may, without the need for inspection during construction, construct the erosion and sediment pollution control facilities. Upon completion of construction of the erosion and sediment pollution control facilities, Developer shall contact the Township Engineer and/or designee to inspect the same. Developer shall not proceed with construction of any other public improvement until such time as the erosion and sediment pollution control facilities have been inspected and approved in writing by the Township Engineer.
C. 
Clearing and grubbing. Developer may, after the erosion and sediment pollution control facilities have been inspected and approved by the Township Engineer thereof, and without the need for inspection, conduct the clearing and grubbing and other grading work within the development.
D. 
Sewage disposal system. Developer shall be solely responsible to ensure that the Township Engineer is notified at least five working days prior to commencement of the construction of said sewage disposal system and shall permit the Township Engineer, Township Roadmaster, or designee(s) to inspect construction of said sewage disposal system on a constant and full-time basis.
E. 
Stormwater management facilities. Developer shall permit the Township Engineer, Township Roadmaster, or designee(s), to inspect the stormwater management facilities on a constant and full-time basis during the construction of the stormwater management facilities. The stormwater management facilities shall include, but not be limited to, detention basins, retention basins, infiltration basins, ditches and ditch linings, swales and swale linings, storm sewers, culverts, inlets, manholes, end walls, and cross pipes. Developer shall be solely responsible to ensure that the Township Engineer is notified at least five working days prior to commencement of the construction of said stormwater management facilities.
F. 
Street. Street to be offered for dedication to the Township shall be inspected as follows:
(1) 
Clearing and grubbing. Developer may, without the need for inspection, conduct the clearing and grubbing of the roadways within the development.
(2) 
Rough grading (cut and fill stage). Developer shall have the right to employ an independent testing laboratory, approved by the Township Engineer, to conduct soil and soil compaction tests, and said laboratory shall present a certification to the Township which shall state the fill on every portion of the roadways is conducted in accordance with PennDOT Publication 408 Specifications, Section 210.3, latest edition. In the event developer employs such a laboratory and the Township receives said certifications, no inspection by the Township shall be required during the rough grading of the roadways (cut and fill stage). In the event developer does not employ an independent testing laboratory to test the fills on the roadways, the Township Engineer, Township Roadmaster, or designee(s), shall be present to inspect on a constant and full-time basis the entire construction of the rough trade of the roadways. Developer shall be solely responsible to ensure that the Township Engineer is notified at least five working days prior to commencement of the construction of rough grade of the roadways. Upon completion of the rough grading of the roadway and receipt by the Township of said certification of the independent laboratory (if developer employs same), developer shall, prior to proceeding with any further construction whatsoever on the roadways, notify the Township Engineer, Township Roadmaster, or designee(s), to permit the Township to inspect the completed rough grade (cut and fill) of the roadways.
(3) 
Subbase, base course and wearing course. In the event the Township approves the rough grading of the roadways, developer shall provide the Township Engineer, Township Roadmaster, or designee(s), at least five working days notice prior to construction of the subbase of the roadways. The Township Engineer, Township Roadmaster, or designee(s), shall conduct constant and full-time inspection of the roadways during construction of the subbase, base course and wearing course of the roadways.
Upon completion of all required improvements, and prior to final observation of improvements, the developer shall submit an as-built plan, according to the specification of § 290-18, showing the actual location, dimension and elevation of all existing improvements. The as-built plan submission shall also include, when necessary, a revised deed for all lands that are fully improved and offered for dedication. The as-built plan shall include a plan note that specifically identifies all deviations from the previously approved drawings. The applicant's engineer shall certify that the construction of all facilities were completed in accordance with the as-built plan. Two paper copies of the plan and one application (see Appendix No. 6[1]) shall be submitted to the Township Secretary, or designee, at the Township municipal office. The Township Secretary, or designee, shall distribute one copy of the plan to the Township Engineer and retain a copy for the Township files.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.