A. 
Developers shall be required to complete all required improvements and common amenities prior to final plan approval, unless the developer and Township agree to the posting of adequate financial security to guarantee the completion of all improvements.
B. 
In lieu of the completion of all improvements prior to final plan approval, the developer shall deposit financial security, with the Township, in a form acceptable to the Township, in an amount sufficient to cover the costs of all such improvements or common amenities, prior to final plan approval.
C. 
The financial security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements. Generally, developers shall be required to complete all required improvements and common amenities within five years of the date of the final plan approval, unless the developer and Township agree to an extension of time.
D. 
When requested by the developer, in order to facilitate financing, the Board of Supervisors shall furnish the developer with a signed copy of a resolution or letter of contingent approval, indicating approval of the final plan contingent upon the developer obtaining satisfactory financial security. The final plan shall not be signed by the Chairman of the Board nor recorded until after the financial security is provided. The resolution or letter of contingent approval shall expire and be deemed revoked if the financial security is not provided within 90 days, unless an extension of time is granted by the Board.
E. 
The amount of the financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion of all of the required improvements estimated as of 90 days following the date scheduled for completion of the improvements by the developer. Annually, the Township may adjust the amount of financial security by comparing the actual cost of improvements which have been completed and the estimated cost for the completion of the remaining improvements estimated as of 90 days after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to any adjustment, the Board may require the developer to post additional security in order to assure that the financial security equals 110% of the cost of completion of all of the required improvements.
F. 
If the developer's engineer and the Township Engineer cannot agree on the amount of the financial security, or if the Township Engineer recommends that the Board of Supervisors refuse to accept the developer's estimate, the Board and the developer shall agree to retain and share the expenses of a third registered professional engineer to recalculate the estimated cost to complete the required improvements. The estimate certified by the third engineer shall be presumed to be fair and reasonable and shall be the final estimate.
G. 
If the developer requires more than one year from the date of posting the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security.
H. 
Partial release of improvement bond. As installation of the required improvements proceeds, the developer may request that the Board of Supervisors release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such request shall be in writing addressed to the Board. The Board shall have 45 days from receipt of the request within which to allow the Township Engineer to certify, in writing, to the Board that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Board shall release or authorize the release of an amount estimated by the Township Engineer fairly representing the value of the improvements completed. If the Board fails to act with the forty-five-day period, the Board shall be deemed to have approved the release of funds as requested, unless the developer and Township agree to an extension of time. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the required improvements.
I. 
If the improvements have not been installed within the agreed time period or approved extension, or in accord with the approved final plan, the Board of Supervisors may have the securities held in escrow declared forfeit and shall utilize them solely for the completion or repair of the improvements covered by the securities. If the proceeds of the securities are insufficient to pay the cost of installing or making repairs or corrections to all improvements covered by the security, the Board 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.
J. 
Financial security to assure proper completion and maintenance of the improvements installed under the jurisdiction of a public utility or municipal authority shall be posted in accordance with the regulations of the controlling public utility or municipal authority, and shall not be included within the financial security required and posted with the Township.
A. 
The developer shall contact the Township Engineer before placing subbase or paving any vehicular street, before backfilling any sanitary or storm sewers, water lines, retaining wall foundations, or any other structures which are part of the improvements covered by the bond and shall not backfill until authorized to do so by the Township Engineer.
B. 
When all required improvements have been completed, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail of the completion of the improvements and shall send a copy of the notice and at least one copy of the as-built drawings for all improvements to the Township Engineer.
C. 
The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect the improvements.
D. 
After completing the inspection, the Township Engineer shall file a report, in writing, with the Board of Supervisors, not later than 30 days after receipt of the authorization to proceed, with a copy of the report sent by certified or registered mail to the developer. The report shall be detailed, and indicate approval or rejection of the improvements either in whole or in part. If the event that the Township Engineer does not approve or rejects any or all of the improvements, his report shall contain a statement of specific reasons for each non-approval or rejection.
E. 
The Board of Supervisors shall notify the developer within 21 days of receipt of the engineer's report, in writing, by certified or registered mail of its action relative to the developer's request for release from the obligations of the improvement bond.
F. 
If the Board of Supervisors or the Township Engineer fails to comply with the time limitations, all improvements listed on the developer's notice will be deemed to have been approved, unless the developer agrees, in writing, to an extension of time. If the event improvements are deemed approved, the developer shall be released from all liability, pursuant to his improvement (performance) guaranty bond or other security agreement.
G. 
If the Board of Supervisors does not approve any improvement or rejects any improvement, the developer shall proceed to repair and/or complete the improvements so designated and, shall notify the Township upon repair and/or completion, as required in Subsection B, above.
H. 
Upon completion and/or repair of the improvements and/or final approval and/or acceptance of the improvements by the Township Engineer, the Board of Supervisors shall release the remaining financial securities or return monies remaining in the improvement escrow account to the developer.
I. 
Nothing in this section shall be construed to limit the developer's right to contest or question by legal proceedings or otherwise any determination of the Board of Supervisors or Township Engineer.
A. 
The developer shall be required to reimburse the Township for the reasonable and necessary expenses incurred by the Township in connection with the inspection of improvements performed by the Township's professional consultants.
B. 
The Board of Supervisors shall establish and may amend by resolution a schedule of such charges based on the professional consultants' ordinary and customary hourly rates and expenses charged to the Township.
C. 
Concurrent with final plan approval, the developer shall deposit with the Township a sum, as determined by the Board of Supervisors, for the purpose of reimbursing the Township for the costs and expenses incurred in connection with the inspection of required improvements.
D. 
The Township's professional consultants shall submit an inspection report and itemized bill to the Township showing the work performed in connection with the inspection of improvements, identifying the person performing the services and the time and date spent for each task.
E. 
Subsequent to the final release of financial security for completion of improvements, the professional consultant shall submit to the Township a bill for inspection services, specifically designated as a final bill. The final bill shall include inspection fees incurred through the release of financial security.
F. 
The Board of Supervisors shall submit copies of all professional consultants' inspection reports and itemized bills to the developer. Subsequently, the Board shall authorize the Township Treasurer to draw down the developer's deposit account in the amount of the itemized invoice forwarded to the developer. At such time as draws from the deposit result in a balance of $500 or less, the developer shall deposit such additional monies as are necessary to bring the account balance to at least $1,000 within 30 days of receiving written notice from the Township that such additional deposits are required.
G. 
In the event the developer disputes the amount of any such expense in connection with the inspection of improvements, the developer shall, within 30 days after the date of transmittal by the Board, notify the Township and the professional consultant that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of his objections to the fees charged, in which case the Township shall not delay or disapprove a request for release of financial security, a subdivision or land development application, or any approval or permit related to development due to the developer's dispute of inspection expenses. Failure of the developer to dispute a bill within 30 days shall be a waiver of the developer's right to arbitration of that bill under this article.
H. 
If, within 45 days of the date of transmittal of the bill to the developer, the Township and the developer cannot agree on the amount of expenses which are reasonable and necessary, then the developer shall have the right to request the appointment of another professional consultant to serve as an arbitrator. The developer and professional consultant whose fees are being challenged shall, by mutual agreement, appoint another professional consultant to review any bills the developer has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional consultant whose fees are being challenged.
I. 
The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the developer or professional consultant whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days after the date of appointment. In the event the Township has paid the professional consultant an amount in excess of the amount determined to be reasonable and necessary, the professional consultant shall reimburse the excess payment within 60 days after the date of appointment.
J. 
In the event that the Township's professional consultant and developer cannot agree upon the arbitrator to be appointed within 20 days of the request for such appointment, then, upon application of either party, the president Judge of the Court of Common Pleas of Butler County (or if at the time there be no president Judge, then the senior active Judge then sitting) shall appoint such arbitrator, who, in that case, shall be neither the Township's professional consultant nor any professional consultant who has been retained by, or performed services for, the Township or the developer within the preceding five years.
K. 
The fee of the arbitrator shall be paid by the developer if the review fee charged is sustained by the arbitrator; otherwise it shall be divided equally between the parties. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the developer or the professional consultant. The Board of Supervisors and the consultant whose fees are the subject of the dispute shall be parties to the proceeding.
The Township shall return monies remaining in the deposit for inspection costs to the developer upon receipt of the required maintenance bond, as-built plans of the recorded plan, legal descriptions of all public improvements installed, specifically road rights-of-way, copies of any deed restrictions placed on the property, and a certification by the developer's registered professional surveyor that all required control monumentation has been installed as shown on the recorded plan.
Approval of construction shall not constitute an acceptance of improvements for repairs or maintenance by the Township. All improvements shall remain in private ownership until such time as their dedication shall have been accepted by ordinance or resolution of the Board of Supervisors or until condemned for public use.
A. 
Maintenance of streets. The developer shall maintain all streets in its subdivision or development in travelable condition, including but not limited to maintenance, repairs, and the prompt removal of mud, snow and ice, until such time as the streets are accepted by the Township as part of the Township's public road system; or, if such streets are not to be dedicated to public use or are not accepted for dedication, until a homeowners' association or other legal entity responsible for the maintenance of the streets has been formed.
B. 
Discretion to accept dedicated streets. The Township shall have the sole and uncontrolled discretion to accept or decline to accept streets offered for dedication. In no case shall the Township accept/approve a request for dedication prior to completion of the improvement of 90% of the lots or units in the development. For multiphase developments, the Township may accept those streets or portions of streets within completed phases of the development; however, in no case shall the Township accept streets in a completed phase where the streets are to serve as the primary access/egress route for uncompleted future phases or remnant parcels capable of being developed.
C. 
General procedures for acceptance of dedicated streets.
(1) 
The developer shall notify the Board of Supervisors, in writing, of its desire to transfer ownership and maintenance of the dedicated street to the Township. If the Township desires to accept dedication, the developer shall provide the Township with a draft agreement, providing that the developer will be responsible for reimbursing the Township for all costs and expenses incurred with processing the request, including attorneys' and engineering fees, and requiring the developer to provide the Township with a security deposit to cover such expenses in an amount determined by the Township.
(2) 
Once the agreement has been signed by all parties, the developer shall submit to the Township three certified copies of the as-built plans and the legal description of the dedicated street, and any other documentation required by the Township. Where the street contains or is required to contain regulatory signs, the developer shall also provide three certified copies of the engineering study justifying the signage and a copy of a draft ordinance authorizing the signage.
(3) 
Landowners of driveways directly accessing the dedicated street and landowners accessing remaining private streets or joint/common driveways from the dedicated street shall be required to obtain a driveway permit prior to acceptance of the dedicated street. Landowners accessing remaining private streets or joint/common driveways from the dedicated street shall also be required to prepare and sign maintenance agreements, approved by the Township, for such street/driveways and record the agreement in the office of the Butler County Recorder of Deeds.
(4) 
After reviewing the documentation, the Township shall inspect the dedicated street and all driveways and private streets directly accessing the dedicated street. The developer shall fully remediate any defects in the dedicated street prior to acceptance. Landowners accessing remaining private streets or joint/common driveways from the dedicated street shall fully remediate any defects prior acceptance of the dedicated street.
(5) 
After full remediation of the defects, the developer shall submit to the Township a deed, in a form acceptable to the Township, and a resolution and certification of the Board of Supervisors accepting the street for dedication. The developer shall also provide the Township with the required maintenance bond, for such time and in such amount and form as are acceptable to the Township. The developer shall also provide a title insurance policy in favor of the Township for the full cost of the street, which policy shall incur the street in fee simple title, free and clear of all liens, encumbrances, easements, and restrictions, other than customary utility rights.
(6) 
In the event the Township is unable to meet PennDOT's annual deadline for eligibility for liquid fuel tax reimbursements for the dedicated street, the developer shall fully reimburse the Township for the lost liquid fuel tax money for the street for the calendar year involved.
A. 
Where the Board of Supervisors accepts dedication of all or some of the improvements following completion, the developer shall post with the Township, in a form acceptable to the Township, a maintenance bond or other surety in favor of the Township to secure the structural integrity and functioning of the accepted improvements in accordance with the design and specifications depicted on the approved final plan.
B. 
The financial security shall be in an amount equal to 15% of the actual cost of installation of the accepted improvements and shall run for a period of 18 months from the effective date of this chapter, accepting dedication of the public improvements.
C. 
If, at any time during the bonding period, it is determined by the Board of Supervisors that the public improvements covered by the securities require maintenance or repair, the Board may have the securities or a portion thereof declared forfeit and shall direct the utilization of the forfeited funds solely for the completion of maintenance or repairs necessary to secure the structural integrity and functioning of the improvements covered by the security.
A. 
Prior to the expiration of the financial security bond, the Board of Supervisors shall direct and authorize the Township Engineer to inspect all the public improvements covered by the security.
B. 
The Township Engineer shall file a detailed report, in writing, with the Board of Supervisors not later than 30 days after receipt of the authorization to proceed with the inspection.
C. 
The Board of Supervisors shall forward a copy of the Township Engineer's report by certified or registered mail to the developer within 15 days of receipt of the report.
D. 
The Board of Supervisors shall notify the developer within 30 days of receipt of the engineer's report, in writing, by certified or registered mail of its action relative to the report.
E. 
If the Board of Supervisors elects to perform the required maintenance or repairs, the Board may have the securities or a portion thereof declared forfeit and shall direct the utilization of the forfeited funds solely for the completion of maintenance or repairs necessary to secure the structural integrity and functioning of the improvements covered by the security.
F. 
Upon completion of the maintenance and/or repairs and the expiration of the financial security, the Board of Supervisors shall release the remaining securities or return monies remaining in the maintenance escrow account to the developer.
G. 
Nothing in this section shall be construed to limit the developer's right to contest or question by legal proceedings or otherwise any determination of the Board of Supervisors or Township Engineer.