[Ord. 105, 12/13/1993, § 1000]
Before approving any final subdivision plan, the Board of Supervisors shall require a written agreement, and appropriate financial surety as specified in § 22-1102 hereinbelow, that necessary grading, paving and street improvements, sidewalks, streetlights, fire hydrants, water mains, storm sewers and sanitary sewers, as may be required by the Township, shall be installed by the developer in strict accordance with the design standards and specifications of the Township, within a specified time period.
[Ord. 105, 12/13/1993, § 1001; as amended by Ord. 169, 10/11/1999; § XI]
1. 
The Board of Supervisors shall insure, through receipt of certificates of compliance submitted and attested by the Township Engineer, that the required improvements have been installed according to the specifications of the final plan, or alternately require the posting of adequate surety to cover the cost for such improvements. The Board of Supervisors may also insure, through the posting of bonds or other surety acceptable to the Township, the maintenance of existing public rights-of-way and road surfaces which are in any manner utilized for transport or related purposes during development and construction associated with subdivision development. The Board of Supervisors shall specify one of the following alternatives, as may be acceptable, for guaranteeing compliance with the requirements of this section. Decision of which alternative shall be required is that of the Board of Supervisors. Final approval of a plan may not be granted by the Board of Supervisors until the surety required is fully provided. In any event, the required surety shall be secured along with the written agreement prior to any construction or related activity.
A. 
Completion of Improvements Prior to Final Approval. Prior to final plan approval, the developer shall complete, in a manner satisfactory to the Board of Supervisors and the Township Engineer, all improvements required in these regulations as specified in the final subdivision plan, and as approved by the Board of Supervisors, and shall dedicate the same to the Township in accordance with these regulations.
B. 
Guarantee of Future Performance.
(1) 
In lieu of requiring the completion of all improvements prior to final plan approval, the Township may, at its discretion, enter into a contract with the developer whereby the developer shall guarantee to complete all improvements required by this Part, or otherwise specified by the Board of Supervisors, in a manner satisfactory to the Board of Supervisors.
(2) 
When request by the developer in order to facilitate financing, the Board of Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Board of Supervisors; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer. To secure this contract, the developer shall provide, subject to the approval of the Board of Supervisors, one of the following guarantees:
(a) 
Surety Bond. The developer shall obtain a security bond from a surety bonding company authorized to do business in the Commonwealth of Pennsylvania. The bond shall be payable to the Township. The amount of financial security shall be equal to 110% of the cost of the required improvements as estimated by the developer and approved by the Township Engineer. The duration of the bond shall be until such time as the improvements are accepted by the Township in accordance with the requirements of this chapter.
(b) 
Escrow Account. The developer shall deposit cash, or other instrument readily convertibly into cash at face value, either with the Township or in escrow with a bank. The use of any instrument other than cash, and in the case of an escrow account, the bank with which the funds are to be deposited shall be subject to the approval of the Board of Supervisors. The amount of financial security shall be equal to 110% of the cost of the required improvements as estimated by the developer and approved by the Township Engineer. In case of an escrow account, the developer shall file with the Board of Supervisors an agreement between the financial bank and himself guaranteeing the following:
1) 
That the funds of said escrow account shall be held in trust until released by the Board of Supervisors and may not be used or pledged by the developer as security in any other matter during the period.
2) 
That in the case of a failure on the part of the developer to complete said improvements, the bank shall immediately make the funds in said account available to the Township for use in the completion of those improvements.
(c) 
Property Escrow. The developer shall offer as a guarantee land or other property, including corporate stocks or bonds. The value of any such property shall be at least equal to 110% of the cost, as estimated by the developer and approved by the Township Engineer, of the installation of all contracted improvements. Property value shall be determined by means acceptable to the Township and shall take into account the likelihood of a decline in the value of said property during the guarantee period. The Board of Supervisors shall retain the right to reject the use of any property when it believes that the property will be unusually difficult to sell, or for other reasons such as will inhibit the Township from exchanging the property for a sufficient amount of money to complete the required improvements. When property is offered as an improvement guarantee, the developer shall:
1) 
Execute an agreement with the trustee when it is not the Board of Supervisors, instructing the trust to release the property to the Township in the case of default. The agreement shall also state that the property may be released only upon consent of the Board of Supervisors. The agreement shall be placed on file with the Township Secretary.
2) 
File with the Board of Supervisors an affidavit affirming that the property to be used as a guarantee is free and clear of any encumbrances or liens at the time it is to be put in trust.
3) 
Execute and file with the Board of Supervisors an agreement stating that the property to be placed in trust as an improvement guarantee will not be used for any other purpose or pledged as a security in any other matter until it is released by the Board of Supervisors.
2. 
Extension of Guarantees. If the developer requires more than one year from the date of posting financial security to complete the required improvements, the amount of security may be increased to assure that financial security equals 110%. Any additional security shall be posted by the developer in accordance with § 22-1102.
3. 
Amount of Security Disputed. 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 refuse 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.
[Ord. 105, 12/13/1993, § 1002; as amended by Ord. 169, 10/11/1999, § XII]
1. 
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.
2. 
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.
3. 
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.
4. 
If the Board of Supervisors or the Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to its performance guaranty bond.
5. 
If any portion of the 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.
6. 
The developer shall deposit with Jefferson 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.
7. 
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.
[Ord. 105, 12/13/1993, § 1003]
1. 
In the event that any improvements that may be required have not been constructed and installed as provided for in the written agreement, this chapter, the requirements of the Board of Supervisors or in accordance with the approved final plan, the Board of Supervisors shall enforce any corporate bond or other security by appropriate legal and equitable remedies.
2. 
If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all improvements covered by said security, the Board of Supervisors may, at its option, install part of such improvements, and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements.
3. 
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 municipal purpose.
[Ord. 105, 12/13/1993, § 1004]
1. 
Before the Township Engineer shall issue to the Board of Supervisors a written certification that all improvements specified and required have been satisfactorily completed in accordance with the agreement and requirements relative to the land development and in compliance with the specifications, standards, this chapter and requirements of the Township, the subdivider or developer shall be required to deposit with the Township a corporate maintenance bond, in such amount, under such conditions, in such form and with approved surety, as shall be required by the Board of Supervisors. Said maintenance bond is to guarantee the repairs and maintenance by the subdivider or developer of the streets, roads, pavements, sidewalks, curbs, gutters, storm drains and facilities, sanitary sewer and facilities, sewage treatment plant and facilities and any other improvements constructed and installed in the subdivision or development for a period of 18 months from the date of final and official acceptance of the above said improvements and facilities by the Board of Supervisors.
2. 
The repairs and maintenance required to be performed by the subdivider or developer shall extend only to making good any inherent defects which become manifested in the materials and workmanship under ordinary conditions and shall not be held to cover any breakage or damage caused by improper use or by accident resulting from circumstances over which the subdivider or developer has no control.
[Ord. 105, 12/13/1993, § 1005]
1. 
No road, street, land or related improvement shall be accepted as a part of the highway system of the Township or for maintenance unless opened, laid out, graded and improved in strict accordance with the standards and regulations of the Township. The requirements, specifications and standards of construction, material and appurtenances as designated herein are considered as minimum, and the Board of Supervisors may, as it deems advisable, revise said specifications and requirements to secure a higher standard of improvements and community development.
2. 
No stormwater drainage facilities, sanitary sewer and sewage treatment facilities, water supply and water distribution system and facilities or any other facilities or improvements will be accepted as a part of the Township's facilities for operation and maintenance unless designed and constructed in strict compliance with all the standards, specifications, rules, regulations, ordinances and requirements of the Township.
[Ord. 105, 12/13/1993, § 1006]
1. 
Within 90 days after the date of approval of the final plan, the developer shall record an approved duplicate copy of the plan in the office of the County Recorder of Deeds and file with the Secretary of the Township a recorder's certificate that the approved plan has been recorded, with the plan book and page numbers indicated.
2. 
After an approved subdivision plan shall have been officially recorded, the streets, parks and other public improvements shown hereon shall be considered to be a part of the official plan of the Township.
3. 
Streets, parks and other public improvements shown on a subdivision plan to be recorded shall be offered for dedication to the Township by formal notation thereof on the plan, or the owner shall note on such plan that any improvements have not been offered for dedication to the Township.
4. 
Every street, park or other improvement shown on a subdivision plan shall be deemed to be private street, park or improvement until such time as the same shall have been offered for dedication to the Township and accepted by ordinance or resolution, or until it shall have been condemned for use as a public street, park or other improvement.
5. 
In the event that an approved subdivision plan is not recorded within the required ninety-day period, said approval shall be deemed voided and rescinded, and the plan must be resubmitted if approval is sought by the developer.
[Ord. 105, 12/13/1993, § 1007]
If any road or any drainage facility in connection therewith shall be opened, constructed or dedicated for public use or travel, except in strict accordance with plans approved and recorded as herein provided, neither the Board of Supervisors nor any public authority shall place, construct or operate any sewer, drain, water pipe or other facility, or do any work of any kind in or upon such road; and neither the Board of Supervisors nor any other public authority shall have responsibility of any kind with respect to any such road or drainage facility, notwithstanding any use of the same by the public; provided, however, that nothing herein contained shall prevent the laying of trunk sewers, drains, water or gas mains, if required, by engineering necessity for the accommodating of other territory.
[Ord. 105, 12/13/1993, § 1008]
1. 
Common open space, when provided, shall be located so as to be consistent with accepted design principles. It shall be designed as a contiguous area easily accessible to the residents and preserving natural features.
2. 
There shall be provisions that ensure that the common open space shall continue as such and be properly maintained. The developer shall either (a) dedicate such land to public use of the Township or another public agency has indicated it will accept such dedication, (b) retain ownership and responsibility for maintenance of such open space, or (c) provide for and establish one or more organization for the ownership and maintenance of all common open space. In the case of Subsection 2(b) and (c), above, each organization shall be a nonprofit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
3. 
If a homeowners' association or open space trust is formed, it shall be governed according to the following regulations:
A. 
The organization is established by the developer and operated with financial subsidization by the developer (if necessary) before the sale of any lots within the development.
B. 
Membership in the organization is mandatory for all purchasers of homes therein and their successors.
C. 
The organization shall be responsible for maintenance, insurance and taxes on common open space.
D. 
The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
E. 
The organization shall hire adequate staff to administer facilities and maintain the common open space.
(1) 
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the development fail to maintain the common open space in reasonable condition.
(2) 
Said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice.
(3) 
If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or an extension thereof, the Township may enter upon said common space and maintain the same for a period of one year.
(4) 
Said maintenance by the Township shall not constitute a taking, nor vest in the public any rights of use.
(5) 
Before the expiration of said year, the Township shall call a public hearing upon notice to such organization or to the residents of the development. At the hearing, such organization or the residents shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year.
(6) 
If the Board of Supervisors determines that such organization is ready and able to maintain said common space in reasonable condition, the Township shall cease maintenance at the end of said year.
(7) 
If the Board of Supervisors shall determine that such organization is not ready and able to maintain said common open space in reasonable condition, it may, at its discretion, continue maintenance during the next succeeding year subject to a similar determination in each year thereafter.
(8) 
The costs of maintenance by the Township shall be assessed against the properties within the development that have a right of enjoyment of the common open space and shall become a lien on said properties.