A. 
No final plan shall be approved unless the streets shown on such plan have been improved as may be required by this chapter and including, but not limited to, any walkways, curbs, gutters, streetlights, fire hydrants, street trees, water mains, sanitary sewers, storm sewers, stormwater detention and retention basins, other drainage facilities, recreational facilities, open space improvements, buffer plantings, screen plantings and any other improvements required by this chapter have been installed in accordance with this chapter. Such improvements shall also include any improvements for future sections of the subdivision or land development which the Board of Supervisors finds essential for the protection of any section of the final plan. In lieu of the completion of any such improvements required as a condition of final plan approval, the Board of Supervisors shall accept financial security in an amount sufficient to cover the costs of such improvements plus any additional amounts required by this chapter.
B. 
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 indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan shall not be signed nor recorded until the financial improvements agreement is executed. 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.
C. 
Without limitation as to other types of financial security which the Board of Supervisors may approve, 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 for the purposes of this section.
D. 
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.
E. 
Such bond, or other 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.
F. 
The amount of financial security to be posted for the completion of the improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninety-day period 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%. Any additional security shall be posted by the developer in accordance with this section.
G. 
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 this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The above costs shall be calculated based on the potential of public bidding and should attempt to cover the cost the Township would be required to pay to complete the improvements. 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 this commonwealth 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.
H. 
If the developer 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 by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above procedures.
I. 
In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any section of the development granted final plan approval.
J. 
Prior to final approval of any plan, the applicant shall agree, in writing, in a form to be approved or prepared by the solicitor of the Township that the applicant will lay out the roads, streets, lanes, alleys and/or easements, and construct or cause to be constructed, all of the improvements in accordance with the approved final plans. The costs associated with the preparation of this form shall be borne entirely by the applicant.
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to authorize the release of such portions of the financial security associated with the completed improvements.
A. 
Engineering inspection. When the applicant/developer has completed a portion of the necessary and appropriate improvements, the developer shall notify the Township, in writing, by certified or registered mail, of the completion of the improvements and shall send a copy to the Township Engineer. To permit municipal authorization of the Township Engineer by the Township Secretary, such notification shall be provided to the Township at least 21 days prior to a regularly scheduled public meeting of the Board of Supervisors. Within 20 days from such notification, the Township Engineer shall file a written report with the Supervisors and the Township shall promptly mail a copy of the same to the developer by certified or registered mail. The Township Engineer's report shall be detailed and shall recommend approval or reflection of the improvements, either in whole or in part. If said improvements on any portion thereof shall not be recommended for approval or shall be recommended for rejection by the Township Engineer, the report shall contain a statement of reasons for not approving the improvements.
B. 
Review by supervisors. At the next regularly scheduled meeting of the Supervisors following receipt by the Supervisors of the Engineer's report, the Supervisors shall act upon said report to either approve or reject the improvements. Such action may include any modifications to the report deemed appropriate by Supervisors and shall occur no later than 45 days from the receipt of notification by the applicant or developer in accordance with this chapter. Notification of the action of Supervisors shall be made in writing and sent to the developer by certified or registered mail within 15 days of the Supervisors action.
C. 
Municipal default. If the Township fails to act within the time limitation provisions contained herein, the improvements included in the notification by the developer or applicant will be deemed to have been approved, and the Township shall be deemed to have approved the release of the financial security for such improvements.
D. 
Municipal rejection of improvements. If any portion of the improvements shall be rejected by the Supervisors, the developer shall proceed to complete the same per the instructions of Supervisors and, upon completion, shall subject the said improvements to the same procedures for notification and review as outlined in this chapter for initial notification and review.
E. 
Municipal acceptance of improvements. At such time that the developer has completed and installed the required improvements to the satisfaction of the Board of Supervisors, the Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Engineer as fairly representing the value of the improvements completed, the Board of Supervisors shall be deemed to have approved the release of funds as requested. The Board of Supervisors may, prior to final release at the time of completion and certification by its engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
All improvements, including streets, any and all easements for sanitary sewers, water lines or storm sewers and improvements thereto, including street paving, sidewalks, street trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets pumping stations and other appurtenances, shall be deemed to be private improvements and only for the benefit of the specific subdivision or land development until such time as the same have been offered for dedication and formally accepted by the Township, or appropriate authority or entity, by ordinance, resolution, deed or other formal action or document. The developer shall submit as-built plans, in accordance with § 380-34, of all improvements which will be dedicated to the Township. The Township shall not have any responsibility of any kind with respect to improvements shown on the final plan until the improvements have been formally accepted by the Township.
The wearing course of streets shall not be completed prior to such time that 50% of the lots in the subdivision or land development have been improved by the construction of a primary residential, commercial, industrial or institutional structure, if approved for such uses. At such time as 50% of the lots in the subdivision have been improved as set forth above, or at the expiration of three years from the date all of the improvements except the wearing course has been completed, the Township may notify the developer to complete the surface course within 60 days from the date of such notice. In computing the sixty-day requirement, the period from October 1 to April 1 shall not be counted.
The Township shall require that the developer submit a maintenance guarantee to secure the structural integrity and functioning in accordance with the designs and specifications as depicted on the final plan for any improvement to be dedicated to the Township for a period of 18 months from the date of acceptance of dedication. Such financial security shall be of the same type as otherwise required in this chapter and shall be in an amount not to exceed 15% of the actual cost of installation of said improvements.
In the event that any improvements which are required by this chapter have not been installed as provided in this chapter or in accord with the approved final plan, the Supervisors may 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 improvements covered by said security, the Board of Supervisors 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.
A. 
The Township shall inspect the improvements during construction. The developer shall pay the cost of any such inspection in accordance with the provisions of Article V of the Municipalities Planning Code.[1] The developer shall provide at least 48 hours' notice prior to the start of construction of any improvements that are subject to inspection. All inspections of completed items shall be requested, in writing, at least 48 hours in advance of the inspection time and date.
[1]
Editor's Note: See 53 P.S. §§ 10501 through 10511, 10512.1, 10513, 10514 and 10515.1 through 10515.3.
B. 
Inspections shall be required during the following phases of site construction. This general list of phases may be amended by mutual agreement of the Township and developer when the site requires special construction procedures. The inspection schedule must be recorded with the final plan or shown on the approved improvement construction plan.
(1) 
General site construction.
(a) 
Upon completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil and construction of temporary erosion and sedimentation control devices.
(b) 
Upon completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
(c) 
During the construction of permanent stormwater management facilities and underground facilities.
(d) 
Upon the final completion of permanent stormwater management, including the establishment of ground covers and plantings.
(e) 
After review of the as-built drawings, but prior to final release of the financial guarantee for completion of final grading, vegetative controls, or other site restoration work.
(2) 
Street construction.
(a) 
Preparation of road subgrade. At the time of this observation, the subgrade should be proof rolled and the proposed crown and grade should be checked. It is recommended that a representative of the developer or contractor accompany the observer when the crown and grade are checked. Proof rolling should be performed with a fully loaded, single-axle dump truck. This observation must occur prior to any stone subbase being placed.
(b) 
Placement and compaction of road subbase. At the time of this observation, the depth of subbase should be checked after compaction, the subbase should be proof rolled in the same manner as the subgrade and the crown and grade should be checked again. This observation must occur prior to any binder or base course being placed.
(c) 
Placement and compaction of the binder/base course. At the time of this observation, the depth of the binder/base course should be checked, ambient temperature should be monitored (this is important in early spring and late fall days when the temperature can go below acceptable limits), the temperature of the bituminous material should be checked (if possible), and it is recommended that copies of the weight slips for each truckload are obtained. The crown and grade should also be checked again. This observation must occur prior to the wearing course being placed.
(d) 
Placement and compaction of the wearing course. At the time of this observation, the guidelines for the placement and compaction of the binder/base course should be followed.
(3) 
In addition to the above outlined observations, additional observations will be made at the request of the developer for reduction of financial securities. Random observations should be made at the frequency desired by the Township. At the time of any of the above listed observations, all ongoing construction (i.e., storm drainage, sanitary sewer, water, erosion control, etc.) should also be checked for compliance with the approved plans and the findings reported. Since the above inspections are mandatory, it is recommended that requests for reduction of financial guarantee to be submitted to coincide with the above inspections.
The developer shall maintain all streets in the subdivision or development in travelable condition, including the prompt removal of snow, until such time as the streets are accepted by the Township as part of the Township highway system; or, if such streets are not be dedicated, until a homeowners' association or other entity responsible for the maintenance of the streets has been formed.
Recording of the final plan after approval of the Board of Supervisors has the effect of an irrevocable offer to:
A. 
Dedicate all streets and other public ways to public use, unless such streets are indicated on said plan as private streets.
B. 
Dedicate all neighborhood parks and all areas shown on the plan as being local recreation sites to public use.
Prior to the final release of the financial security by the Supervisors, the developer shall provide the Township with one Mylar and two prints of the as-built plan, at the same size and scale of the approved plans, showing the following:
A. 
Actual location of all concrete monuments and/or markers which were found or set at all angle breaks, points of curvature and tangents around the perimeter of the total tract. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented as the above referenced points.
B. 
Actual location of all iron pins or drill holes in curbs for all individual lots.
C. 
Actual cul-de-sac radius.
D. 
Actual horizontal location of cartway center line versus right-of-way center line should be indicated by dimension.
E. 
Actual horizontal location of floodplain by elevation and dimension from property line.
F. 
Actual horizontal location and cross section of swales and accompanying easements.
G. 
Actual horizontal and vertical location of stormwater management facilities, including type and size drainage pipes.
H. 
Detention basin.
(1) 
Actual contours of the detention basin.
(2) 
Actual outlet structure details, including type, size and inverts of outlet pipes.
(3) 
Actual elevation of the embankment and emergency spillway.
(4) 
A table showing the stage/storage/discharge curve for the constructed conditions.