No plan shall be granted final approval unless the streets, curbs, gutters, walkways, streetlights, water mains, sanitary sewers, fire hydrants, storm sewers, stormwater detention and/or retention basins, other related drainage facilities, shade trees, buffer or screen plantings, recreational facilities, open space improvements and other improvements as required by this chapter have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition for final approval of the plan, including improvements and fees required by this chapter, the developer may deposit with the Township an amount as hereinafter calculated to cover the costs of such required improvements or common amenities, including, but not limited to, streets, curbs, gutters, walkways, streetlights, water mains, sanitary sewers, fire hydrants, storm sewers, stormwater detention and/or retention basins, other related drainage facilities, shade trees, buffer or screen plantings, recreational facilities, open space improvements and other required improvements.
When requested by the developer to facilitate financing, the Board of Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining satisfactory financial security and executing a development agreement. The final plan or record plan shall not be signed nor recorded until the financial security is tendered and a development agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security is not tendered and the development agreement is not executed within 90 days of the date of the resolution or contingent approval. The Board of Supervisors may, at its discretion, grant a written extension which shall be placed in writing at the request of the developer.
In addition to cash deposits and escrow accounts, federal or commonwealth chartered lending institution irrevocable letters of credit extending for a term of one year beyond completion of all improvements and restrictive or escrow accounts in such lending institution shall be deemed acceptable financial security for the purposes of securing the completion of the required improvements. Such financial security shall be posted with the Township by a bonding company or federal or commonwealth chartered lending institution chosen by the developer, provided that such bonding company or lending institution is authorized to conduct business within the Commonwealth of Pennsylvania. Such bond or other security shall provide for and secure to the public the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.
(a) 
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 developer, and all administrative and engineering inspections, fees, costs and expenses.
(b) 
Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for completion of the remaining improvements as of the expiration of the 90 days 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 the 110% and administrative and engineering costs as specified above. Any additional security shall be posted by the developer.
(c) 
The amount of required financial security shall be based upon an estimate of the cost of completion and inspection of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in the commonwealth and certified by such engineer to be a fair and reasonable estimate of all such costs.
(d) 
The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are not able to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the commonwealth and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable.
If the developer requires more than one year from the date of positing 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 or portion thereof beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completion and inspection of the required improvements as reestablished on or about the expiration of the preceding one-year period by using the procedure described above.
In the case where development is projected over a period of years, the Township may at its discretion authorize approval of final plans by sections, stages or phases of development with the understanding that no sale of lots and no work within the areas reserved from development may commence until the required contracts are signed and the financial security posted with respect to those areas reserved from development. The Township shall also have the right to impose additional requirements and conditions in connection with the phases as they are approved so as to assure that each section or phase will not be dependent for access or other improvement or common amenity upon completion of improvements in a subsequent phase or stage.
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release, from time to time, of a portion of the financial security. Any such request shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which the Township Engineer shall certify, in writing, to the Township whether such portion of the improvements has been completed in accordance with the approved plan and applicable specifications. Upon certification of completion, the Township shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed or, if the Township fails to act within said forty-five-day period, the Township shall be deemed to have approved the release of funds as requested.
The Township shall, prior to release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the required improvements.
(a) 
The Board of Supervisors shall at its discretion accept a part or all of the required improvements if satisfied that the applicant has complied with the approved plan and all specifications and ordinances of the Township.
(b) 
The applicant shall furnish the Township with legal descriptions for all roads and easements and two sets of reproducibles or Mylars and three paper sets of prints of the completed required improvements, including drainage, profiles and utilities, and shall pay all costs for the Clerk of Courts and Recorder of Deeds of Montgomery County regarding the petition and resolution of the Board of Supervisors for its acceptance of the required improvements and any deed of dedication for the same.
(c) 
No road or other improvement will be accepted by the Township during the period from October 1 to April 15 of each year. For the dedication of streets and roads, the applicant shall meet all PennDOT liquid fuels requirements and secure PennDOT approval by October 1.
(d) 
The developer shall submit as-built plans prior to the dedication and/or acceptance of public improvements within the subdivision or land development. The as-built plans shall include, but not be limited to, the following information:
(1) 
Drawings shall be large enough to clearly show all required features, but at a scale not less than one inch equals 50 feet.
(2) 
The following information shall be shown:
A. 
Street cartways and widths, including curbs and/or shoulders; rights-of-way with widths dimensioned and horizontal and vertical curve data, transitions for the curbs and cartways, and street grades along the center line.
B. 
Sidewalks and bicycle paths, including widths and all handicap ramps.
C. 
Driveway locations and widths.
D. 
Curbs with elevations on P.C. and P.T. at intersections.
E. 
Street monuments with elevations.
F. 
Public utility lines (gas, electric, cable, telephone, etc.) or PA One Call Note.
G. 
Location of all storm sewer manholes, inlets, endwalls, storm sewers, including length of lines, size of lines, slopes of lines, and top and invert elevation of each manhole, inlet and endwall.
H. 
Location of all water lines, service lines, fire hydrants, valves, tees, fittings, including length of lines, size of lines, depth of lines and size of valves.
I. 
Location of all sanitary sewer manholes, sewer mains, sewer laterals, pump stations, force mains, including length of lines, size of lines, slope of lines, top and invert elevations of each manhole, lateral lengths and depth of all lateral ends.
J. 
Size (volume) by contours of detention basins.
K. 
Type and elevations of basin outlets.
L. 
Width and elevation of the basin emergency spillways.
M. 
Width and elevation of the top of the basin berms.
N. 
Streetlights and signs.
O. 
Street address for each lot.
(3) 
As-built plans shall be prepared and sealed by a registered professional engineer or land surveyor licensed in the Commonwealth of Pennsylvania.
(4) 
All public improvements which are required by this chapter to be shown on the improvement construction plan shall be provided on the as-built plans.
(5) 
The Township, on the recommendation of the Township Engineer, may require additional information, if deemed necessary.
(6) 
The developer shall submit two sets of reproducibles or Mylars and three sets of paper prints after the as-built plans have been reviewed and approved.
(7) 
At the discretion of the Board of Supervisors, plans shall also be delivered to the Township on computer diskette or compact disc in a software format as established by the Board.
Where the Township accepts dedication of all or some of the required improvements following completion, the Township shall require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as shown on the final plan. The maintenance period shall be 18 months from the date of acceptance of dedication. The financial security shall be of the same type as described previously in this chapter. The amount of financial security for maintenance shall be 15% of the actual cost of installation of said improvements.
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, 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 within the financial security as otherwise required by the Township.
(a) 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Township, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy thereof to the Township Engineer. The Township shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the required improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Township 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 Township and said report shall be detailed and shall indicate approval or rejection of said improvements, or any portion thereof. If the improvements are not approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. The Township 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 Township with relation thereto.
(b) 
If the Township or the Township Engineer fails to comply with the time limitation provisions contained within this chapter, all improvements will be deemed to have been approved and the developer shall be released from liability for installation, pursuant to its performance guarantee bond, or other security agreement, but shall be liable for and shall provide a maintenance guarantee as otherwise provided for herein.
(c) 
If any portion of said improvements shall not be approved or shall be rejected by the Township, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined above, shall be followed.
The applicant shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of improvements. Fees shall be based on a fee schedule adopted by resolution of the Board of Supervisors.
In the event that any required improvements have not been installed as provided for in these regulations, or in accordance with the approved final plan, the Township shall have the power to enforce any corporate bond, or other security, by appropriate legal and equitable remedies. If the 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 Township may, at its option, install part or all such improvements in the subdivision or land development and may institute appropriate legal action to recover the moneys necessary to complete the remainder of the improvements.
In addition to the posting of security, the developer shall be required to enter into a contract with the Township, in a form acceptable to the Township Solicitor, covering the completion of the required improvements. The contract shall also provide for engineering inspections, insurance, reimbursement of expenses to the Township, procedure upon default and other subjects deemed necessary by the Township Solicitor to ensure proper and reasonable development of the land.
The developer shall reimburse the Township for all reasonable administrative and professional expenses, including, but not limited to, engineering, legal and consultant fees. Prior to the filing of a preliminary plan and prior to the filing of a final plan, the developer shall pay to the Township the appropriate nonrefundable filing fee and an escrow deposit to defray the professional expenses incurred by the Township in accordance with the fee schedule adopted by the Township Board of Supervisors. Thereafter, as the escrow deposit for expenses is expended, the developer shall make further deposits upon notice from the Township until approval of the plan. Upon approval of the final plan, the Township shall forthwith refund to the developer any uncommitted portion of the deposit remaining after expenses incurred by the Township have been paid in full by the developer. There shall be added to the engineering and legal fees required to be paid to the Township by this article a percentage of these costs (in accordance with the fee schedule adopted by the Township Board of Supervisors) as reimbursement to the Township of the costs incurred by the Township for the collection of such fees and the disbursement of the same to the Township Engineer and Township Solicitor.
(a) 
There shall be paid to the Township for those plans approved by the Township prior to December 16, 1991, a sum to be used as a contribution to capital improvements, including, but not limited to, road improvements and emergency services (i.e., fire station, fire equipment, ambulance service and station and/or land acquisition for said facilities). The purpose of said contributions is to defray the increased costs of improvements, services and equipment necessitated by the impact of developments or subdivisions within the Township. Said contributions shall be based upon a resolution of the Board of Supervisors.
(b) 
There is hereby established a capital improvement fund account under the exclusive control of the Township into which said contributions shall be deposited and, thereafter, from which distribution shall be made.
All contributions due under this chapter shall be paid prior to or concurrent with the time of final approval of the subdivision and/or development.