No project shall be considered to be in compliance with this chapter until the streets, storm drainage facilities, sewer facilities, survey monuments, and other required facilities have been installed in compliance with the provisions of this chapter.
A. 
Improvements to the lot and connections to streets. The applicant shall agree, in writing, to construct streets and other improvements from the lot or lots to be sold or built upon to an existing improved street, subject to the provisions of Article IX of this chapter. The work shall be performed in strict accordance with approved plans and Newlin Township standards and specifications, and where applicable, the provisions of the Pennsylvania Department of Transportation Specifications 408, latest edition.
B. 
Completion of improvements and deposit of escrow funds. No plan shall be finally approved until the applicant has completed all of the necessary and appropriate improvements as required as a condition for final approval of a plan; or until such time as the applicant has provided for the deposit with the Board of Supervisors of escrow funds or a security acceptable to the Board of Supervisors in an amount sufficient to cover 110% of the costs of any improvements which may be required, estimated as of 90 days following the date scheduled for completion by the applicant or developer. The escrow funds or security shall be posted prior to the initiation of construction.
C. 
Type of financial security. 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 the bonding company or lending institution is authorized to conduct such business within the commonwealth and shall conduct all legal activities regarding the security according to Pennsylvania laws.
D. 
Intended use of bond. 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.
E. 
Adjustments to amount of security. The Board of Supervisors may annually adjust the amount of 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 90th day after either the original or rescheduled date planned for completion. Subsequent to this adjustment, the Board of Supervisors may require the applicant to post additional security in order to assure that the financial security equals the 110%. Any additional security shall be posted by the applicant in accordance with this section.
F. 
Computation of financial security. The amount of financial security shall be based upon an estimate of the cost of completion of the required improvements submitted by the applicant and prepared by a professional engineer licensed as such in this state and certified by such engineer to be fair and reasonable. The Board of Supervisors, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant and the Board of Supervisors are unable to agree upon an estimate, then the estimate shall be recalculated by another professional engineer licensed as such in this State and chosen mutually by the Board of Supervisors and the applicant. 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 Board of Supervisors and the applicant.
G. 
Increase in financial security when completion requires more than one year. 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 by an additional 10% for each one-year period beyond the first anniversary date from posting of the 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 bidding procedure.
H. 
Staging of final plans. In the case where development is projected over a period of years, the Board of Supervisors may authorize the 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 finally approved section of the development.
I. 
Release of financial security. As the required improvements are installed, the applicant posting the financial security may request the Board of Supervisors 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. Any such requests shall be in writing, and the Board of Supervisors shall have 45 days from receipt of such request to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work has been completed in accordance with the approved plan. Upon such certification, the Board of Supervisors may authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the completed improvements. The Board of Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, retain 10% of the estimated cost of the aforesaid improvements. This sum shall be returned upon the completion of all improvements.
J. 
Financial security for water and sewer utilities. If sanitary sewer lines or water supply systems and facilities are to be installed under the jurisdiction of any applicable authority, financial security to assure inspection, proper completion and maintenance thereof shall be posted in accordance with the regulations of the applicable authority and shall not be included within the financial security as otherwise required by this section.
K. 
Failure to complete improvements. In the event that the applicant fails to satisfactorily complete any improvement in a timely manner, the Board of Supervisors may utilize all or a portion of the escrow funds or security to complete the improvement, stabilize any area of land disturbance, and abate or correct any hazardous condition that may arise from the development or construction.
Where the Board of Supervisors accept dedication of all or some of the required improvements following completion, the Board of Supervisors may require the posting of a performance guarantee to secure the structural integrity and functioning of said improvements in accordance with the design and specifications as depicted on the final plan, for a term not to exceed 18 months from the date of acceptance of dedication. Such performance guarantee shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the performance guarantee shall not exceed 15% of the actual cost of installation of said improvements.
When the applicant has completed all of the necessary and appropriate improvements, the applicant shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall then file a written report with the Board of Supervisors, and shall concurrently mail a copy to the applicant by certified or registered mail. The report shall be made and mailed within 30 days after the Township Engineer's receipt of the inspection authorization by the Board of Supervisors. The report shall recommend approval or rejection of the improvements, either in whole or in part. The Board of Supervisors shall either approve or reject the improvements and, if rejecting the improvements, shall indicate the reasons for such rejection.
A. 
Notification of the applicant. The Board of Supervisors shall notify the applicant of any action taken by the Board of Supervisors in relation to the Township Engineer's report, in writing by certified or registered mail, within 15 days of receipt.
B. 
Reimbursement of inspection expenses. The Board of Supervisors may require the applicant to reimburse the Board of Supervisors for reasonable and necessary expense incurred for the inspection of improvements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
If the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall notify the Board of Supervisors that such expenses are unreasonable or unnecessary within 100 days of the date of billing. The Board of Supervisors shall not disapprove or delay any application due to the notification of the dispute.
(2) 
If the Board of Supervisors and the applicant cannot agree upon the amount of reasonable and necessary expenses within 20 days from the date of billing, the applicant and the Board of Supervisors shall mutually agree to appoint another professional engineer to review the expenses and make a determination as to the amount which is reasonable and necessary.
(3) 
The engineer appointed by the Board of Supervisors and the applicant shall hear evidence and review documentation that the engineer deems necessary, and shall render a decision within 50 days of appointment. The applicant shall be required to immediately pay the entire amount as determined in the decision.
(4) 
In the event that the Board of Supervisors and the applicant cannot agree upon the professional engineer to be appointed, the President Judge of the Court of Common Pleas or the Magisterial District Judge shall appoint the engineer upon application of either party.
(5) 
The fees of the appointed arbitrator for determining the reasonable and necessary expenses shall be paid by the applicant and/or Township as set forth in § 510(g)(5) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10510(g)(5).
Upon the expiration of the eighteen-month period specified in § 185-48 of this chapter, the applicant may request the Board of Supervisors to release the performance guarantee posted in accordance with § 185-48. The release of such performance guarantee shall follow the provisions of § 185-49, provided that references to "improvement guarantee" shall be interpreted as "performance guarantee."
A. 
Installation. All water, gas, electric, and other pipes and conduits or other utilities that may be available, and all service connections or laterals shall be laid to the full width of the ultimate right-of-way, where the need can be reasonably anticipated, before streets are paved. The arrangements for said service connections or laterals shall be the responsibility of the applicant. All such installation shall be subject to all applicable ordinances, regulations or policies of the applicable authority or utility.
B. 
Public water supply. When water is to be provided by means other than by private wells owned and operated by the individual owners of lots within the subdivision or development, the applicant shall present evidence to the Board of Supervisors that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
A. 
Notice. The Township and/or the authority may inspect all plans for correctness and inspect all improvements that may be accepted under its jurisdiction for conformance with plans and compatibility with good construction practice. The applicant shall notify the Township Engineer 48 hours in advance of the commencement of any construction operation, in order that provision may be made for inspection by the Township or authority.
B. 
Samples of materials. Samples of the materials shall be furnished to the Township Engineer in the same manner as is required of contractors under the Pennsylvania Department of Transportation specifications.
C. 
Sanitary sewers. When public sanitary sewer construction is a part of the project, certification of applicable materials and inspection of the sewers shall be carried out by the applicable authority engineer, which shall have the responsibility and authority granted to the Township Engineer under this chapter for purposes of complying with this subsection.
The applicant shall permit the Township Engineer to inspect any improvement that may be accepted by the Board of Supervisors or applicable authority. Such inspections shall be conducted at a reasonable time, place and schedule as determined by the Township Engineer as being necessary to properly evaluate the improvement.
All improvements shall be deemed to be private improvements and only for the benefit of the specific project until such time as they have been offered for dedication and formally accepted by the Board of Supervisors or authority. No responsibility of any kind for any improvements shall fall onto the Township or authority until the improvements have been formally accepted. No improvement shall be accepted for dedication except upon the submission of as-built drawings by the applicant and upon inspection.
A. 
Conditions. The Township shall have no obligation to accept and make public any street or other improvement unless:
(1) 
The required improvement, utility mains and laterals, and monuments, shown on an approved plan or plans, have been constructed to the requirements of the Township.
(2) 
It is established to the satisfaction of the Board of Supervisors that there is a need for the improvements to be taken over and made public.
B. 
Acceptance. The Township shall have no responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public unless the street or other improvement is accepted by ordinance or resolution of the Board of Supervisors.