[Ord. 6-97-429, 6/12/1997, § 8.1]
No subdivision or land development plan shall be finally approved unless the streets, sidewalks, curbs, gutters, street lights, fire hydrants, street trees, water mains, sanitary sewers, storm sewers, stormwater management facilities and other related drainage facilities, recreational facilities, buffer or screen plantings and other improvements required under this chapter, and any other applicable Township ordinance, have been constructed and installed in accordance with the Township's ordinances and construction standards and specifications.
[Ord. 6-97-429, 6/12/1997, § 8.2]
1. 
In lieu of the completion of any improvements required for final or preliminary/final plan approval, and as a condition prerequisite for final or preliminary/final plan approval, the developer shall execute a developer's improvements agreement prepared by the Township Solicitor and the developer shall deliver to the Township financial security, in a form and manner deemed acceptable to the Board of Commissioners, to guarantee the construction and installation of the required improvements.
2. 
The developer's improvements agreement shall, inter alia, include provisions whereby the developer agrees:
A. 
To construct or cause to be constructed, at developer's own expense, all streets, curbs, sidewalks, sanitary sewers, water supply and distribution systems, fire hydrants, stormwater management facilities, monuments and markers, street lights, street signs, street trees, buffer or screen plantings and landscaping, recreation and open space facilities, or any other improvements shown on the approved final or preliminary/final plan as depicted on the plan and in accordance with the requirements of this chapter and the Township's design/construction standards and specifications.
B. 
To maintain, at developer's own cost, the said streets, curbs, sidewalks, sanitary sewers, water supply and distribution systems, fire hydrants, stormwater management facilities, street lights, street signs, street trees, buffer or screen plantings and landscaping, recreation and open space facilities, and any other improvements shown on the final or preliminary/final plan until the same are accepted by resolution of the Township Board of Commissioners.
C. 
To repair, at developer's own expense, the required improvements for reasons of lack of structural integrity, failure to properly function, defective workmanship or materials, or otherwise, as directed by the Township for a period of 18 months after the Township's inspection and certification of acceptance of the developer's completed improvements.
D. 
To pay all of the Township's reasonable administrative, inspection, engineering and legal fees as related to the review and processing of the subdivision or land development and the creation and enforcement of the developer's improvements agreement.
E. 
To obtain any easements or releases which may be necessary for the construction of any improvement which traverses lands of persons other than the developer. Any such easement or release shall inure to the benefit of the Township, as well as to the developer.
F. 
To exonerate, indemnify and hold harmless the Township, its officers, engineers and solicitors, its appointees and employees, and its other agents, independent contractors and assigns, from liability arising from the developer's construction or development of the subdivision or land development.
G. 
To prevent soil erosion, sedimentation and water damage to the subject and adjacent properties.
H. 
To make provisions and be responsible, at developer's own cost and expense, for removing all mud, litter and/or debris on roads in the Township resulting from any vehicles and equipment leaving the subdivision or land development and entering onto streets within the Township.
I. 
To be responsible for and repair, at the developer's own cost and expense, any damage done to any existing streets within the Township and the Township's water and sewer systems as a result of, or in connection with, the performance of any work related to the subdivision and land development.
J. 
To maintain general liability, property damage and any other required insurance in forms and amounts deemed acceptable to the Township, naming the Township, its agents, building/zoning inspectors, officials, employees and authorized representatives, as an additional insured.
K. 
To dedicate to the Township by deed, in a form and manner deemed acceptable to the Township Solicitor, any streets, stormwater management areas and facilities, open space areas or other lands, intended for dedication to, and accepted by, the Township.
L. 
To transfer to the Township by bill of sale, in a form and manner deemed acceptable to the Township Solicitor, any water, sanitary sewer and storm sewer mains, lines and facilities, and to provide to the Township as-built plans certified by the developer's engineer for any constructed streets, water, sanitary sewer, storm sewer mains and lines and storm sewer drainage facilities to be conveyed or transferred to the Township, as well as any other underground utilities constructed in or for the subdivision or land development.
[Ord. 6-97-429, 6/12/1997, § 8.3]
The final or preliminary/final plan shall not be signed by the Township and shall not be released by the Township to the developer for recording until the developer shall have executed the required developer's improvements agreement and shall have delivered the required financial security deemed acceptable to the Township.
[Ord. 6-97-429, 6/12/1997, § 8.4]
1. 
The Board of Commissioner's resolution of conditional final or preliminary/final plan approval shall expire and be deemed to be automatically rescinded and revoked upon developer's failure to accept or reject the conditions of approval within such time as shall be established by the Township.
2. 
The Board of Commissioner's resolution of conditional final or preliminary/final plan approval shall expire and be deemed to be automatically rescinded and revoked if the developer's improvements agreement is not executed and financial security posted by the developer within 90 days after conditional final or preliminary/final plan approval by the Board of Commissioners, unless a written extension is granted by the Board of Commissioners, which extension shall not be unreasonably withheld and which extension request shall be initiated and placed in writing by the developer.
[Ord. 6-97-429, 6/12/1997, § 8.5]
1. 
Without limitation as to other types of financial security which the Board of Commissioners may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security.
2. 
Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth.
3. 
In evaluating the reasonableness of accepting financial security proposed to be posted by the developer with a bonding company, which financial security the Township may approve, Township shall make the determination that the bonding company satisfied at least the following criteria:
A. 
The bonding company is financially sound.
B. 
The bonding company is reputable, reliable and reasonably prompt in performance on its surety bonds and any claims made on its surety bonds.
C. 
The bonding company has a Best rating of A, or better.
D. 
The bonding company is in good standing with and authorized to transact business in the Commonwealth of Pennsylvania.
4. 
The financial security shall provide for, and secure to the public, the completion of all required improvements within the time period fixed in the developer's improvements agreement for completion of the improvements.
5. 
The developer shall deliver financial security to guarantee completion of the required improvements in the amount of 110%, (or such other amount specified in the MPC as it may hereafter be amended), of the cost of all improvement required by this chapter, determined in the manner and in accordance with the procedures set forth in § 509 of the MPC, 53 P.S. § 10509. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the required improvements which have been completed and the estimated cost for the completion of the remaining uncompleted improvements as of the expiration of the 90th day 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 said 110%.
6. 
If the developer requires more than one year from the date of delivering the financial security to complete the required improvements, the Township may require the amount of financial security to be increased by an additional 10%, (or such other amount as permitted by the MPC), for each one-year period beyond the first anniversary date from delivering the financial security, or to an amount not exceeding 110%, (or such other amount specified in the MPC as it may hereafter be amended), of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the procedures set forth in Section 509 of the MPC.
7. 
In the case where development is projected over a period of years, the Board of Commissioners may authorize submission of final plats by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as the Board of Commissioners finds essential for the protection of any finally approved section of the development.
[Ord. 6-97-429, 6/12/1997, § 8.6]
1. 
In General. As the work of installing the required improvements proceeds, the developer may request the Board of Commissioners to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work.
2. 
Notice of Completion. When the developer has completed the improvements, or any portion thereof, the developer shall, in writing, notify the Board of Commissioners by certified or registered mail of such completion and send a copy of said notice to the Township Engineer. The Board of Commissioners shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Board of Commissioners shall have 45 days from receipt of notice from the developer within which to allow the Township Engineer to certify, in writing, to the Board of Commissioners that such portion of the work upon the improvements has been completed in accordance with the approved final or preliminary/final plan.
3. 
Engineer's Report.
A. 
Within 30 days of the receipt of such request from the Board of Commissioners, the Township Engineer shall submit a written report certifying which improvements have been completed in accordance with the approved plan to the Board of Commissioners and mail a copy of such report by certified or registered mail to the developer at his last known address.
B. 
This report shall be based on the inspections made according to the approved plan, shall be detailed and shall recommend approval or rejection of the improvements, either in whole or in part.
C. 
If the Township Engineer finds any or all of the improvements to lack conformity with the approved plan or to be deficient, he shall include in the report a statement of the reasons for recommending nonapproval or rejection of the improvements, or any portion thereof.
D. 
The Board of Commissioners shall notify the developer within 15 days of the receipt of the Township Engineer's report, in writing by certified or registered mail of the action of the Board of Commissioners with relation thereto.
E. 
If the improvements, or any portion thereof, shall not be approved or shall be rejected by the Board of Commissioners, the developer shall proceed to complete the same as directed by the Township and, upon completion, the same notification procedure outlined above shall be followed.
4. 
Upon certification of the completion of the improvements by the Township Engineer and the approval of same by the Board of Commissioners, the Board shall authorize a reduction in the amount of the financial security as estimated by the Township Engineer fairly representing the value of the improvements completed.
5. 
If the Board of Commissioners fails to act within the aforesaid forty-five-day time period, or such other time period specified in the MPC, the Board of Commissioners shall be deemed to have approved the improvements and the release of financial security as requested.
6. 
The Board of Commissioners may, prior to final release of the financial security at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
[Ord. 6-97-429, 6/12/1997, § 8.7]
1. 
The developer shall post financial security to secure the proper functioning and structural integrity of the required improvements in accordance with the design and specifications depicted on the final or preliminary/final plan for a term not to exceed 18 months from the date of the developer's completion and the Township's inspection and certification of acceptance of any of the required improvements.
2. 
The form and manner of the maintenance security shall be acceptable to the Township Board of Commissioners and the amount of the financial security shall not exceed 15% of the actual cost of the said improvements.
[Ord. 6-97-429, 6/12/1997, § 8.8]
The written developer's improvements agreement entered into by the developer with the Township shall include therein an indemnification agreement whereby the developer agrees to indemnify and hold the Township harmless from any and all liability, including, but not limited to, any and all aspects of construction, water management, site grading, utility line trenching and construction, and street excavation. The developer's improvements agreement entered into by the developer with the Township shall also require the developer to provide to the Township insurance and insurance coverages in form and amounts deemed acceptable to the Township Board of Commissioners.
[Ord. 6-97-429, 6/12/1997, § 8.9]
1. 
In the event that any required improvements have not been installed as provided in this chapter or in accordance with the approved final or preliminary/final plan, the Township Board of Commissioners may draw upon or enforce any posted financial security as specified in the developer's improvements agreement or by any appropriate legal or equitable remedies.
2. 
If the proceeds of such financial security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said financial security, the Township Board of Commissioners may, at its option, elect to 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 money 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 other surety, shall be used solely for the installation of the improvements covered by such financial security, and not for any other Township purpose.
[Ord. 6-97-429, 6/12/1997, § 8.10]
1. 
If the developer begins any construction or development activities for a subdivision or land development after preliminary plan approval and prior to final plan approval, the developer shall enter into an agreement with the Township prepared by the Township Solicitor whereby the developer, inter alia, agrees:
A. 
To indemnify and hold the Township harmless from any and all liability, including, but not limited to, any and all aspects of construction, water management, site grading, utility line trenching and construction, and street excavation.
B. 
To provide general liability, property damage and any other required insurance in forms and amounts deemed acceptable to the Township, naming the Township, its agents, building/zoning inspectors, officials, employees and authorized representatives, as an additional insured.
C. 
To prevent soil erosion, sedimentation and water damage to the subject and adjacent properties.
D. 
To make provisions and be responsible, at developer's own cost and expense, for removing all mud, litter and/or debris on roads in the Township resulting from any vehicles and equipment leaving the subdivision or land development and entering onto streets within the Township.
E. 
To be responsible for and repair, at the developer's own cost and expense, any damage done to any existing streets within the Township and the Township's water and sewer systems as a result of, or in connection with, the performance of any work related to the subdivision and land development.
F. 
To post an escrow account to cover the cost of all soil erosion and sedimentation control measures, traffic control measures, and the reasonable costs of all Township required administrative costs, inspections, engineering and legal fees.
G. 
That the developer shall furnish to the Township a cost estimate, satisfactory to the Township, of all of the required improvements for the subdivision or land development.
H. 
That no lots or land(s) within the subdivision or land development shall be sold, transferred or otherwise conveyed and no building permits shall be issued by the Township unless and until the developer has submitted and received final plan approval and the final plan has been recorded with the Office of the Recorder of Deeds of Lehigh County, Pennsylvania.
I. 
That the Township shall not accept any improvements intended for dedication to the Township until after the developer has submitted and received final plan approval and the final plan has been recorded with the Office of the Recorder of Deeds of Lehigh County, Pennsylvania.