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.
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).