The purpose of this chapter is to provide sound subdivision and land development standards for the Township and to provide regulations for public improvements which are to be dedicated to the Township. Some required improvements may be dedicated to a municipal authority and others to a private utility. The bonding or security in such instances shall comply with that agency's requirements. As these improvements will be part of the subdivision or land development to be approved, the developer should inform the Township of any problems associated with any provision of bonding or financial security encountered with such agencies.
A. 
The developer shall, for all subdivisions and land developments, agree to complete all improvements in accordance with these regulations or such other improvements as the Township may require in the public interest as a prerequisite to approval of the final plan. Such improvements include those which will be dedicated to the Township, an appropriate municipal authority or similar designated agency.
B. 
No plan shall receive final plan approval by the Board of Supervisors unless the developer shall have completed all improvements as required by these provisions or shall have filed with the Township, designated agency or entity surety or other financial security guaranteeing the completion of such improvements.
C. 
The Board of Supervisors shall require the Township Engineer to check final construction plans for their correctness and to inspect the construction of improvements. The Township Engineer will be used for all improvements where the Township is to assume ownership or be responsible for maintenance. The entire cost of plan review and inspection will be borne by the developer in accordance with the Pennsylvania Municipalities Planning Code [see generally Section 503(1) and 510(g)]. The review and inspection of improvements to be dedicated to designated authorities or agencies, where the Township will not maintain same, will be in accordance with such organization's practices.
D. 
Upon completion of the improvements in accordance with the specifications required by this chapter and upon final inspection of the improvements by the Township Engineer, the developer shall take the final steps to make an offer of dedicating the improvements and request the Township to accept same (see Article VII). Improvements to be dedicated to designated authorities or agencies, where the Township will not maintain same, will be in accordance with such organization's standards, rules and regulations.
E. 
Improvements may include, but are not necessarily limited to, the following:
(1) 
Monuments or markers. (See also § 334-601.)
(2) 
Grading, streets and sidewalks, as required.
(3) 
Sanitary sewers.
(4) 
Water service, including fire hydrants.
(5) 
Storm drainage improvements, as required.
(6) 
Erosion and sedimentation control measures, as required.
(7) 
Streetlighting.
(8) 
Street signs.
(9) 
Landscaping.
The purpose of this section is to provide for the filing of financial security as allowed by Section 509 of the PaMPC. Where the improvement is to be dedicated to a designated authority or agency other than the Township, the developer will follow that organization's practices. It is the clear intent of this chapter that all improvements required by this chapter be either installed and approved, or the developer will post adequate financial security as required by Section 509 of the PaMPC before final plan approval is granted.
A. 
An assurance of proper completion of the improvements by financial security in the subdivision shall be made by one of the following methods, or such other method as shall be satisfactory to the Township:
(1) 
A bond, irrevocable letter of credit, restrictive or escrow account, certified check, cashier's check, or other security satisfactory to the Township and in accordance with Section 509 of the PaMPC, which shall run or be made payable to the Township.
(2) 
In the case of a bond, it shall also:
(a) 
Be with surety satisfaction to the Township.
(b) 
Be in form, sufficiency, and execution acceptable to the Township.
B. 
The amount of the financial security shall be in an amount determined to equal 110% of the cost of the required improvements in accordance with Section 509 of the PaMPC, and shall be approved by the Township Engineer.
C. 
The bond, certified check or other securities shall specify the time for the completion of the required improvements. Such time shall be satisfactory to the Board of Supervisors, but not exceed one year. When the improvements have been completed and approved by the Township, the financial security shall be released and returned. When a portion of the required improvements has been completed and approved by the Township, a portion of the bond, monies or security commensurate with the cost of the improvement may be released and returned in accordance with Section 509 of the Pa Municipal Planning Code. In no event shall the entire performance assurance be returned to the developer. At least 10% shall be retained until:
(1) 
All improvements have been completed, approved by the Township Engineer and accepted by the Fairview Township.
(2) 
The required bond for structural integrity/functioning (see Article IX) has been filed and accepted by the Township.
(3) 
All the requirements of Article IX, specifically including the filing of as-built drawings, have been met.
D. 
In the event that cash or its equivalent is deposited as an improvement guarantee, it shall be held in an escrow fund, which may bear interest to the credit of the developer, but the developer shall pay all costs for the maintaining of such escrow fund.
E. 
As the work of installing the required improvements proceeds, the developer posting the financial security may request the Board of Supervisors to release such portions of the financial security. The request shall be in writing, addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to recommend, in writing, that such portion of the work on the improvements has been completed in accordance with the approved plan and specifications. On such recommendation, the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township fairly representing the value of the improvements completed or, if the Board of Supervisors fails to act within said forty-five-day period, the Board of Supervisors shall be deemed to have approved the release of funds as requested. If a bond is used, the developer may provide a cash deposit, or a certified or cashier's check for the final 10%, subject to approval of the Township.
F. 
For circumstances relating to financial security not specifically delineated in the ordinance, including the amount of same and the resolution of disagreements relative to such security, it is the intention of the Township to follow the guidelines and procedures as set forth by Sections 509 and 510 of the Pennsylvania Municipalities Planning Code.
G. 
In the event that any improvement which may be required has not been installed as provided in the ordinance or in accordance with the approved final plan, the Township 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 Township may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose.
The Township shall require the posting of guarantee for any improvements to be accepted. Said guarantee is for the structural integrity and/or functioning of said improvements for a period of one year from the date of their acceptance by the Township and shall be in the amount allowed by Section 509 of the Pennsylvania Municipalities Planning Code, as amended, which is 10% of the actual cost of installation.