[Ord. 2009-05, 8/3/2009, § 1]
1. 
Approvals. Each and every permit and approval from all municipal, county, regional and State agencies or authorities that have jurisdiction over any aspect of the development of the property.
2. 
Claims. Claims, actions, awards, verdicts, judgments, counter-claims, cross-claims, lawsuits, proceedings, disputes, causes and rights of action, debts, controversies, expenses, assessments, attachments, executions, liens, losses, liabilities, allegations, demands, penalties, charges, injuries, costs (including, without limitation, attorneys fees and other costs and expenses incurred, including expert witness fees), damages (including, without limitation, compensatory, consequential and punitive damages), sanctions, and liabilities of every kind, character and manner whatsoever, in law or in equity, civil or criminal, administrative or judicial, contract, tort (including, without limitation, negligence) or otherwise.
3. 
Cost Estimate. An amount equal to the Township's estimated cost if the Township were to construct and install the improvements which are contemplated by the developer and the Township at the time of adoption of the resolution. The cost estimate includes an additional 10% for contingencies above the estimated hard costs. The cost estimate also includes a separate line item for the estimated inspection fees of the Township Engineer inspecting the improvements.
4. 
Improvements. Any and all physical improvements, additions, changes enhancements, augmentations, conditions, common amenities and facilities to the land (whether or not the same are intended to be offered for dedication) required by the plan, the resolution, the Township regulations, the approvals and/or the improvements agreement for a particular subdivision or land development. The improvements shall include, but not be limited to, the items and alterations detailed on the cost estimate, including streets (including, but not limited to: curbing, BCBC, binder course, wearing course, subbase, excavation to rough grade, saw cutting and milling), erosion and sedimentation control facilities (including, but not limited to: any proposed temporary E&S measures, rock construction entrance(s), silt fences, tree protection fences, baffles, temporary seeding of stockpiles, matting and inlet protection), stormwater management facilities (including, but not limited to: swales, piping, inlets, manholes, end walls, head walls, outlet structures, level spreaders, detention basins (including topsoil and seeding), catch basins, fencing around detention basins, swale grading, stone backfill, anti-seep collars, rip-rap and conversion from sedimentation basins), landscaping (including, but not limited to: deciduous trees, evergreen trees, evergreen shrubs, perennials, grasses and buffer and screening plantings), street trees, streetlights, recreation paths and sidewalks (including but not limited to: excavation to rough grade and materials), walking paths and gazebos, corner iron pins and concrete monuments, striping and signage (traffic signs, street signs, etc.), utility trenching/installation for phone, cable, electric, etc., including backfill material, open space and recreation area improvements, clearing and grubbing, replacement of topsoil, traffic control devices, signage and site preparation, post construction stormwater management (PCSM) improvements and BMP (best management practices) structures, devices and improvements, all as called for by the improvements agreement for a particular project, set forth on the plan and/or established by the resolution. The improvements shall include the materials, labor and supervision of installation and all other matters relative to installation of the improvements in the manner required.
5. 
Indemnified Parties. The Township, its boards, committees and commissions (including the individual members thereof), their elected and appointed officers and officials and their employees, contractors, other professional consultants, engineers, managers, solicitors, representatives, advisors, predecessors, successors, agents, insurers, independent contractors and assigns.
6. 
Plan. The subdivision and/or land development plan, including the record plan sheets and non-record plan sheets, along with the subdivision and land development application, stormwater flow calculations and all other calculations, reports and studies submitted to the Township or its professional consultants constituting the developer's submission for approval.
7. 
Resolution. The Lower Mount Bethel Township resolution granting final approval or conditional final approval to the plan.
8. 
Township Regulations. The Zoning Ordinance [Chapter 27], Act 167 Ordinance [Chapter 23] and SALDO [Chapter 22], Driveway Ordinance [Chapter 21, Part 1], Grading Ordinance [Chapter 9], applicable building codes, such as the UCC [Chapter 5, Part 1], if and when applicable, and various other ordinances, resolutions, policy statements, etc., adopted by the Township regulating subdivision and land development in the Township.
[Ord. 2009-05, 8/3/2009, § 2]
All developers of land in the Township shall, as a condition of the commencement of any construction within the Township, agree to exonerate, protect, defend, indemnify and hold harmless the indemnified parties from any and all claims, based upon, pertaining to, relating to, resulting from, caused by or arising out of the approval of any or all aspects of the design, construction or development of such subdivisions or land developments, specifically to include, but not be limited to, the design, construction and maintenance of the Improvements, for damages or injuries, including death, to persons or properties based upon, pertaining to, relating to, resulting from, arising out of, caused by or sustained in conjunction with the design, construction and development of the improvements within a subdivision or land development, the developer's performance under any subdivision improvement or maintenance agreement, as well as any conditions created by the aforesaid design, construction or development of a subdivision or land development; and if requested by the Township, to assume, without expense to the indemnified parties, through legal counsel of the Township's choosing (unless waived), the defense of any claims or actions against the indemnified parties, or any of them, pertaining to, relating to, resulting from, caused by arising out of any of the approvals made by the Township of subdivision or land development designs, plans or construction which are created, controlled or effectuated by the developer, its agents, independent contractors, employees or assigns.
[Ord. 2009-05, 8/3/2009, § 3]
1. 
General Requirement. To assure developer's ability to protect, defend, exonerate, hold harmless and indemnify the indemnified parties as required by the improvements agreement for a project, and in order to protect and insure the indemnified parties against claims with respect to the developer's design, construction and development of the improvements within a subdivision or land development required by the plan, the resolution or any improvement or maintenance agreement, before any permit is issued to the developer and before the developer or any of the developer's agents enter upon the property to conduct any earth moving activities, construction activities or perform any other site improvement activities, the developer shall obtain insurance coverage meeting or exceeding the minimum requirements of this section with insurance companies which (A) are in good standing with and licensed to do business in Pennsylvania by the Pennsylvania Commissioner of Insurance; (B) carry a rating of B+ or better from the A.M. Best Co. Insurance Services, or equivalent (from Moody's Investor Services or Standard & Poor's); and (C) are admitted to the Pennsylvania Insurance Guarantee Fund (or an explanation, acceptable to the Township Solicitor, of why this requirement should not be applicable).
2. 
Coverage Limits. Developer shall secure and maintain in force until two years after the improvements have been constructed/installed, inspected, approved, and, if appropriate, dedicated to and accepted by the Township, the following coverages and policies:
A. 
Commercial general liability insurance coverage including, contractual liability insurance and where applicable, "premises operations" and "products and completed operations" coverages with not less than a $2,000,000 limit for each occurrence naming the indemnified parties as additional insureds for any and all claims caused by, pertaining to arising out of resulting from or relating to the development of the property in order to protect and insure the indemnified parties against any and all liability with respect to the approval of design, construction, maintenance or development contemplated by the terms of the plans, the resolution and/or any improvements or maintenance agreement. In addition, the coverage shall provide primary and not secondary insurance protection commencing with the construction and development period, and continuing through the two-year statute of limitations period immediately following the close of the subdivision maintenance period. Developer shall cause the commercial general liability insurance policy(ies) to include an endorsement which evidences that the indemnified parties have been named as additional insureds.
B. 
Commercial motor vehicle insurance coverage.
C. 
Workmen's compensation coverage, if and as required by Pennsylvania law.
D. 
Such other insurance coverages and endorsements as may be established from time to time by Township resolution, ordinance or policy, or as may be set forth in the improvements agreement or maintenance agreement.
3. 
Required Endorsements. Developer shall cause each of said insurance policies to include an endorsement which specifically provides that the policy(ies) shall not be cancelable or subject to any amendment reducing the amount or breadth of coverage without 30 days advance written notice to the Township, via certified mail sent to the Township at 2004 Hutchison Ave., Martins Creek, PA 18063.
4. 
Continuing Obligation. Developer shall furnish the Township with a copy of said policy(ies) and all endorsements thereto and proof of prepayment of the annual premium prior to entering upon the property for staging or any purpose incident to construction or actually commencing to perform any work. Thereafter, the developer shall, at least annually, furnish the Township with a certificate of insurance evidencing continuing compliance with this requirement and any policy or endorsement modifications.
5. 
Contractor and Subcontractor Insurance. Developer shall ensure that all contractors and subcontractors that will be performing any work relating to the construction/installation of the improvements on the property or outside of the property provide to the developer and upon request, provide to the Township, evidence of insurance acceptable to the Township demonstrating that said contractor or subcontractor has in force at least the insurance coverages identified in Subsections 2A through E above (including the additional insured endorsement identified in Subsection 2A) and with the endorsement identified in Subsection 3 above. The evidence of the contractor's or subcontractor's insurance coverage shall be provided by each contractor and subcontractor prior to such contractor or subcontractor entering upon the property or commencing to perform any work.
6. 
Aggregates. Each policy of insurance to be obtained pursuant to Subsections 2A and 5, shall not be subject to an aggregate less than $5,000,000 unless the dollar amount of the aggregate is approved by the Township and said policy (and therefore the approved aggregate) is made applicable solely to the property, the improvements agreement and maintenance agreement, the plan and resolution.