If proceeds of the financial 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 all or part of such improvements and may institute
appropriate legal or equitable action to recover the funds necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the applicant, or both, shall be used solely
for the installation of the improvements covered by such security,
and not for any other municipal purpose.
Upon completion of all required improvements and prior to final
inspections of improvements, the developer shall submit a plan labeled
"as-built plan," showing the actual location, dimension and elevation
of all existing improvements in same scale as submitted plans. In
addition, the plan shall demonstrate the existing grading, drainage
structures, and/or drainage systems and erosion and sediment control
practices, including vegetative measures, are in substantial conformance
with the previously approved drawings and specifications. The plan
shall specifically identify all deviations from the previously approved
drawings and acknowledge the Township Engineer's approval of the change.
The applicant's engineer shall certify that the construction of the
stormwater management facility was completed in accordance with the
plans and specifications as approved by the Township. An electronic
version of approved as-built plan shall be provided in PDF format
and three paper copies of the plan shall be submitted to the Township
Secretary, or designee, who shall distribute a paper copy to the Township
Engineer and retain two copies for the Township files. These plans
are not subject to recording with the York County Recorder of Deeds.
All improvements shall be deemed to be private improvements
and only for the benefit of the specific project until such time as
the same have been offered for dedication and formally accepted by
the Board of Supervisors. No responsibility of any kind with respect
to improvements shown on the plan shall be transferred until the improvements
have been formally accepted. Proof is to be provided that utility
installations within public rights-of-way and easements have been
accepted by the governing utilities or agencies (i.e., MetEd, DAA,
PennDOT), release of liens, title search to indicate no liens exist
on the property, release from the lender prior to acceptance of improvements
by the Township. All requests for dedication shall be made in accordance
with Township rules and regulations, resolutions, ordinances and shall
include all information required by the Township for processing such
request, and shall be accompanied by any required filing fee.
The Board of Supervisors may, at its discretion, require the developer to submit a maintenance guarantee or other approved guarantee as specified herein, guaranteeing the structural integrity as well as function of any improvement shown on the final plan for a term not to exceed 18 months from the date of acceptance of dedication by the Board of Supervisors. Said guarantee shall be 15% of the actual cost of installation of said improvements and be of the same type of financial security as required in §
435-72B(1).