[Ord. 1998-12, 12/17/1998, § 900; as amended by Ord. 2011-12, 10/6/2011]
1. 
All rights-of-way of existing or new streets within the boundaries of a subdivision or land development shall be conveyed to the Township free and clear of all liens and encumbrances, with good and marketable title which is insurable by the reputable title company doing business in Pennsylvania.
2. 
Physical improvements to the proposed subdivision or land development tract shall be provided, constructed and installed as shown on the final plan and in accordance with the requirements of this chapter.
3. 
As a condition for the approval of the final plan, the developer shall execute an agreement with the Board of Commissioners as to the installation of all improvements shown on the plan and required by this chapter. Before the final plan may be endorsed by the Board of Commissioners, the subdivision improvements agreement shall be executed by the developer and the Board Commissioners.
4. 
All improvements installed by the developer shall be constructed in accordance with the design specifications as may be referenced in this Part of this chapter or as may be otherwise approved by the Board of Commissioners, subject to the recommendations of the Township Engineer.
5. 
The supervision of the installation of the improvements as required by this chapter shall be the responsibility of the Township Engineer, except that the installation of those improvements which are to be dedicated to governmental entities other than the Township shall be supervised by engineers representing those entities.
6. 
No streets shall be accepted by the Township until 90% of the building and structures abutting such street have been completed unless the developer shall have provided an alternative means of access for construction vehicles found acceptable to the Township, which does not utilize the streets to be dedicated.
[Ord. 1998-12, 12/17/1998, § 910; as amended by Ord. 2011-12, 10/6/2011]
1. 
The following improvements shall be provided, constructed and installed by the developer as shown on the final plan and in accordance with the "Lower Macungie Township Standards for Improvements Construction," hereinafter to be known as the "Township Standards," adopted and amended from time to time by resolution of the Board of Commissioners, which are incorporated herein by reference.
A. 
Streets, curbs, bikeways and sidewalks shall be constructed in accord with the Township Standards.
B. 
Sanitary sewers and all related appurtenances shall be constructed in accord with the specifications as may be adopted from time to time by the Lower Macungie Township Authority or successors, which are made part of the Township Standards by reference.
C. 
Water supply and distribution related improvements including fire hydrants, shall be constructed in accord with the specifications as may be adopted from time to time by the Lehigh County Authority or successors, which are made part of the Township Standards by reference.
D. 
Stormwater management plan related improvements shall be constructed in accord with the Township Standards.
E. 
Monuments and markers shall be placed in accord with the Township Standards.
F. 
Street lights shall be installed in accord with the Township Standards.
G. 
Street signs shall be installed in accord with the Township Standards.
H. 
Tree planting and landscaping shall be accomplished in accord with the Township Standards.
I. 
Open space and recreation areas.
[Ord. 1998-12, 12/17/1998, § 920; as amended by Ord. 2011-12, 10/6/2011]
1. 
Before the Board of Commissioners shall endorse its approval on the final plan of any subdivision or land development involving improvements as may be required by this chapter, the developer shall enter into a written agreement with the Board of Commissioners in the manner and form set by the Township Solicitor, where the developer agrees as follows:
A. 
To construct or cause to be constructed at his or her own expense, all streets, curbs, sidewalks, bike paths, sanitary sewers, water supply and distribution systems, fire hydrants, stormwater management facilities, monuments and markers, street lights, street signs, tree planting and landscaping, recreation and open space facilities, and other improvements shown on the final plan as otherwise approved, and in accordance with the requirements of this chapter.
B. 
To maintain at his or her own cost, the said streets, curbs, sidewalks, bike paths, sanitary sewers, water supply and distribution systems, fire hydrants, stormwater management facilities, monuments and markers, street signs, tree planting and landscaping, recreation and open space facilities, and any other improvements shown on the final plan until the same are accepted by resolution of the Township Board of Commissioners and/or public authorities and for a period of 18 months thereafter and to repair the same as directed by the Board of Commissioners, and/or public authority for reason of lack of structural integrity or failure to properly function.
C. 
To pay all costs, charges, or rates of the utility furnishing electric service for the street lights installed as required by this chapter, until such time as the streets are accepted by the Township.
D. 
To pay the Township's inspection, other engineering and legal fees as related to the creation and enforcement of said agreement.
E. 
To obtain any easements or releases from all damages which may be necessary for the construction of any improvement which traverses lands of persons other than the developer. Said releases shall inure to the benefit of the Township and/or public authority as well as to the developer.
[Ord. 1998-12, 12/17/1998, § 930; as amended by Ord. 2011-12, 10/6/2011]
1. 
Before the Board of Commissioners approves any final plan and as a prerequisite for approval, the developer shall deliver to the Board of Commissioners, public utility, and/or municipal authority, a performance guarantee in the amount of 110% of the cost of all improvements required by this chapter, as determined in accordance with the procedures set forth in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509, and following, as amended, and as is in effect at the time of the filing, in a form and with a surety as determined in accordance with the procedures as set forth in Pennsylvania Municipalities Planning Code as amended, guaranteeing the construction and installation of all such improvements on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements. The terms of the agreement may be extended as provided for in the Pennsylvania Municipalities Planning Code, as amended. 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 as provided for in the Pennsylvania Municipalities Planning Code, as amended. In the event of default under a performance guarantee, the proceeds of the performance guarantee received by the Townships, public utility, or municipal authority shall be used to construct and install the improvements.
2. 
Before the Board of Commissioners approves any final plan, and as a prerequisite for approval, the developer shall deliver to the Board of Commissioners, public utility, and/or municipal authority a maintenance guarantee in an amount of not less than 15% of the actual cost of the installation of all improvements required by this chapter, guaranteeing acceptance of all such improvements by the Board of Commissioners, public utility, and/or municipal authority.
[Ord. 1998-12, 12/17/1998, § 940; as amended by Ord. 2011-12, 10/6/2011]
1. 
The procedure for inspecting and approving the improvements and for the release of the performance guarantee by the Board of Commissioners shall be in accord with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509, and following, as amended.
2. 
In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plan, the Board of Commissioners in hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the Commissioners may, at its option, install part of 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 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 Township purpose.