A. 
No plan shall be finally approved unless the streets shown on such plan have been improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains, stormwater management facilities or other improvements as may be required by this chapter have been installed in accordance with this chapter, except that the surface course of streets shall not be completed until such time as 90% of the lots in the subdivision have been improved by the construction of a dwelling if approved for residential development or by the construction of the proposed commercial or industrial structures if the lots are approved for such uses. In lieu of completion of the surface course of streets as well as in lieu of completion of other improvements required as a condition for final approval of a plan, at the discretion of the developer, such developer may deposit with the Township and/or ERSA, if applicable, a letter of credit or other security acceptable to the Board of Supervisors or ERSA in an amount equal to 110% of the estimated cost of completion of the required improvements at a time 90 days following the date scheduled for completion of the respective improvements by the developer. The estimated cost of the surface course shall be computed separately from the estimated cost of completing the other improvements and shall be based upon the developer's projected timetable for completion of the development.
B. 
The amount of financial security shall be based upon an estimate of the cost of completion of the required improvements, submitted by the developer and prepared by an engineer 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 refuse to accept such estimate for good cause shown. If the developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another engineer chosen mutually by the Township and the 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 developer.
C. 
The Township may annually adjust the amount of required financial security by redetermining the estimated cost for completion of the uncompleted improvements as of the expiration of the 90th day after either 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 insure that the financial security equals 110% of the estimated cost of the Township completing the improvements at a time 90 days following the date scheduled for completion or alternatively reduce the required security so that it equals such amount. The developer shall post any additional security within 30 days after being notified of the same.
D. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Township to release or authorize the release, from time to time, such portions of the financial security necessary for the payment to the contractor or contractors performing the work. Any such request shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from the receipt of such request to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work has been completed in accordance with the approved plat. Upon such certification, the Board of Supervisors shall authorize release from the required financial security of an amount as estimated by the Township Engineer as representing the value of the work completed.
E. 
The value of the work completed shall be determined by subtracting 110% of the estimated cost of the completion of the remaining uncompleted work from the total amount of security deposited.
F. 
At such time as 90% of the lots in the subdivision have been improved as set forth above, or if at the expiration of three years from the date all of the improvements excepting the surface course has been completed, less than 90% of the lots have been so improved, 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.
G. 
If at the time the surface course is completed, 90% of the lots are not improved as set forth above, the developer shall:
(1) 
Post financial security with the Township in an amount equal to 15% of the reasonable cost of the surface course as security to guarantee that damages to the road or street would not occur during the completion of the improvements on the unimproved lots in such developer's subdivision or land development. The Township shall hold the financial security and may use it to pay for the repair of any damage occurring to the road during the period between the commencement of improvements on any particular unimproved lot and the completion of such improvements irrespective of whether or not it can be established that the damage to the road was caused by contractors or other persons working in and about the construction of such improvements; or
(2) 
Present to the Township agreements signed by the owners of all of such unimproved lots pursuant to which they will agree to pay to the Township the cost of repairing any damage occurring to roads in such subdivision during the period between the commencement of work on the improvements to their lot and the completion of such improvements irrespective of whether or not it can be established that such damage was caused by contractors or other persons involved in the improvement of their respective lots.
H. 
No improvement shall be considered complete until the developer shall submit to the Township for review and approval two prints of the as-constructed (as-built) plan and one digital (PDF format) copy on a CD or other media device acceptable to the Township, at the same size and scale of the approved plans, showing the following:
(1) 
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.
(2) 
Actual location of all iron pins or drill holes in curbs for all individual lot lines.
(3) 
Actual cul-de-sac radius.
(4) 
Actual horizontal location of cartway center line versus right-of-way center line should be indicated by dimension.
(5) 
Actual horizontal location of floodplain by elevation and dimension from property line.
(6) 
Actual horizontal location and cross section of swales and accompanying easements.
(7) 
Actual horizontal location and vertical location of stormwater management facilities, including type and size of drainage pipes.
(8) 
Detention basin.
(a) 
Actual contours of the detention basin.
(b) 
Actual outlet structure details, including type, size and inverts of outlet pipes.
(c) 
Actual elevation of the embankment and emergency spillway.
(d) 
Table showing the stage/storage/discharge curve for the constructed conditions.
I. 
If an improvement has been dedicated to the Township, such improvement shall not be considered complete until the developer has presented a deed of dedication in a form acceptable to the Township Solicitor, has presented a title insurance policy or certificate of title demonstrating good and marketable title and has paid any fees required to process the acceptance of the dedication.
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, enclosing therewith certification by the engineer responsible for the design of the improvements that they have been installed as designed, and shall send copies of the notice and certification 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. 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 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 of the reasons for such nonapproval or rejection. Improvements shall not be considered completed until all the measures required by this chapter, Chapter 190, Stormwater Management, Chapter 195, Article 1, Construction, Opening and Dedication of Roads, and all other applicable ordinances to control erosion are in fact sufficient to prevent erosion of banks and drainageways. Improvements shall also not be considered complete until as-built plans of all improvements to be dedicated to the Township and of all streets, whether or not such streets shall be dedicated, have been submitted to the Township.
B. 
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 its action with relation thereto. If the Board of Supervisors or the Township Engineer fails to comply with the time limitations contained in the MPC, all improvements will be deemed to have been approved, and the developer shall be released from all liability, pursuant to its posted financial security.
C. 
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.
D. 
Nothing herein 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.
In the event that any improvements which may be required have not been installed as provided in this chapter or in accordance with the approved final plan, the Board of Supervisors may enforce any letter of credit or other financial security by appropriate legal and equitable remedies. If proceeds of such letter of credit or other 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 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. All of the proceeds, after deducting the costs of collection, whether resulting from the financial 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.
The Township shall require an inspection of the improvement construction plans for correctness and an inspection of the construction of the improvements. The developer shall pay the cost of all such inspections. All improvements for which financial security has been posted are to be subject to inspection by the Township Engineer, with the cost of those inspections to be borne by the developer in accordance with this section. The developer shall provide at least 24 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 date and time of the inspection.
A. 
The schedule of inspections shall, at a minimum, require the following separate inspections:
(1) 
Upon completion of erosion and sedimentation controls.
(2) 
Upon completion of road subgrade and prior to placement of stone base course.
(3) 
Upon completion of road stone base course and prior to placement of bituminous binder course.
(4) 
After completion of bituminous binder course, curb, surface utility features (inlets, manholes, water valves, etc.) and prior to placement of bituminous wearing course.
(5) 
After placement of bituminous wearing course.
(6) 
Upon completion of footings and other substructure features for culverts and/or bridges.
(7) 
Inspections during installation of stormwater management facilities.
(8) 
Upon receipt of any request by the developer for reduction of the amount of financial security.
(9) 
Upon completion of all required improvements.
(10) 
Upon receipt of any request by the developer for the Township to accept dedication of any improvements.
(11) 
Prior to expiration of the 18th month after acceptance of dedication.
(12) 
If any improvement has been rejected or any deficiency noted by the Township Engineer during any of the above-described inspections, upon notification that the deficiency has been corrected.
A. 
The offer to dedicate streets, parks or other areas or portions of them, does not impose any duty upon the Township concerning maintenance or improvement until the proper authorities of the Township have made actual appropriation by ordinance or resolution or by entry or improvement.
B. 
Where the Township accepts dedication of all or some of the required improvements, the Township may 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 depicted on the final plan for a term of 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as required in § 200-25 of this chapter with regard to installation of such improvements, and the amount of such financial security shall not exceed 15% of the actual cost of the installation of the said improvements.
C. 
No road or, in applicable cases, drainage facility shall be considered finally accepted by the Township until the resolution of acceptance and the deed have been filed and/or recorded with the applicable offices for filing for Lancaster County, Pennsylvania. The Township will accept streets for dedication only during the period between March 1 and September 1 of each calendar year.
D. 
Application of final wearing course for streets in preparation for dedication shall not be permitted by the Township until:
(1) 
All utilities have been installed in the street, including service lines.
(2) 
The base course has been in place for a minimum of 90 days.
(3) 
Ninety percent of the lots within the development have been sold and construction has been completed.
(4) 
The Township Engineer and the Township Roadmaster have completed an inspection and have determined that all necessary repairs have been completed to the Township's satisfaction.
(5) 
All required street monumentation has been installed.
The developer shall maintain all streets in the subdivision or development in travelable condition, including the prompt removal of snow therefrom, until such time as the streets are accepted by the Township as part of the Township street 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.
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 to public use, unless such streets are indicated on said plan as private streets.
B. 
Dedicate all neighborhood parks and all areas shown on the plan as being local recreation sites to public use.
C. 
Dedicate all public water and public sewer facilities and easements serving such facilities to EAWA or ERSA, as applicable.
All roads and drainage facilities shall be constructed in strict accordance with the approved plans, and no changes shall be effected unless the same receive the written authorization of the Township. Notwithstanding the provisions of this section, the Township may require changes during the construction stage where on-site conditions, in the opinion of the Township, or its duly designated representative, indicates that the adverse effect of stormwater runoff and/or the adverse effect to the roadbed and/or road surface may be minimized by such changes.
The applicant shall submit a properly executed land development agreement in the form and content required by the Township setting forth, among other things, the responsibilities for the development of the property and listing required improvements, lands to be dedicated and contributions to be made to the Township (see Appendix No. 19).[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.