A. 
No subdivision and/or land development application shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition, or improved as required by this chapter and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as required by this chapter have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition for final plan approval, including improvement or fees, the developer shall deposit financial security with the Township in an amount sufficient to cover the costs of such improvements or common amenities, including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which are or may be required.
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 (record 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. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the landowner or developer.
A. 
To satisfy the completion of improvements required as a condition for the final approval of the subdivision and/or land development plan as set forth in §§ 305-13 and 305-58, the landowner or developer shall deposit financial security acceptable to the Board of Supervisors (except as set forth in § 305-65E) in an amount sufficient to cover the costs of such improvements, estimated, calculated and determined as set forth below.
B. 
Without limitation as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, 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.
C. 
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.
D. 
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. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the landowner or developer. The Township may adjust the amount of the financial security annually, 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 date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the landowner or developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the landowner or developer in accordance with this subsection.
F. 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by a landowner 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 Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the landowner 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 landowner or developer.
(1) 
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 landowner or developer.
G. 
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 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. 
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 finally approved section of the development.
I. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to 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 requests shall be in writing addressed to the Board of Supervisors who shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount, as estimated by the Township Engineer, 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. 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.
J. 
Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board may require the posting of financial security to secure structural integrity of said improvements as well as the 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. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
K. 
If water mains, sanitary sewer lines, and/or gas mains, along with apparatus or facilities related thereto, or improvements to state-owned highways, are to be installed or constructed under the jurisdiction and pursuant to the rules and regulations of a public utility, municipal authority (separate and distinct from the Township) or the Pennsylvania Department of Transportation, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility, municipal authority or Pennsylvania Department of Transportation and shall not be included within the financial security as otherwise required by this section if so posted.
L. 
If financial security has been provided in lieu of the completion of improvements required as a condition for the final plan approval, the Township shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plan upon actual completion of the improvements depicted upon the approved final plan. Moreover, if said financial security has been provided, use and occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved final plan, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
When the landowner or developer has completed all of the necessary and appropriate improvements, the landowner or developer 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, thereupon, file a report, in writing, with the Board of Supervisors, and shall promptly mail a copy of the same to the landowner or developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Supervisors. Said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B. 
The Board of Supervisors shall notify the landowner or developer within 15 days of receipt of the Township Engineer's report, in writing, by certified or registered mail, of the action of the Board of Supervisors with relation thereto.
C. 
If the Board of Supervisors or the Township Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the landowner or developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.
D. 
If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the landowner or developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
E. 
Nothing herein, however, shall be construed in limitation of the landowner's or developer's right to contest or question, by legal proceedings or otherwise, any determination of the Board of Supervisors or the Township Engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The as-built plan shall be reproducible and drawn to the same scale as the final plan, conservation plan and improvements construction plan and shall be certified to by an engineer or surveyor and approved by the Township Engineer.
B. 
Said plan shall indicate the actual location, dimensions and/or elevations of all completed improvements, including but not limited to those set forth in § 305-30.
In the event that any improvements which may be required under this chapter have not been installed as provided in this chapter or in accordance with the approved final plan, the Board of Supervisors may enforce the bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing, or making repairs or correction to, all the improvements covered by such bond or security, the Board of Supervisors may, at its option, install or repair part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover from the land developer the monies 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 landowner or developer, or both, shall be used solely for the installation of improvements covered by such security.
Upon completion of the construction of improvements in accordance with the approved subdivision and/or land development plan, the following conditions shall apply to any offer of dedication of the same and the acceptance thereof:
A. 
The Board of Supervisors shall have no obligation to take over and make public any street or other improvement in or abutting a subdivision and/or land development. If the Board of Supervisors elects to accept an offer of dedication, such acceptance shall not occur unless and until:
(1) 
The required improvements, monuments and markers as shown on the approved subdivision and/or land development plan, conservation plan and improvements construction plan shall have been certified by the Township Engineer as having been constructed and installed in accordance with the provisions of this chapter and all other ordinances, codes, regulations, plans and maps of the Township; and accurately delineated in an as-built plan.
(2) 
A maintenance guarantee is provided through the posting of financial security, such as that deemed to be acceptable to the Township as set forth in § 305-59J. Such guarantee shall assure the structural integrity of required improvements as well as the functioning of said improvements, in accordance with the design and specifications as depicted on the approved final plans, for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be in an amount equivalent to 15% of the actual cost of installation of the required improvements.
(3) 
A deed or deeds of dedication for all improvements, prepared and executed by the landowner or developer in accordance with forms prescribed by the Board of Supervisors, shall be presented to the Board of Supervisors, together with a certificate from the contractor or contractors evidencing the payment of all labor and material costs, and a policy of title insurance insuring the fee title to the said improvements as free and clear of all liens and encumbrances and other objections to the title.
(4) 
At least 75% of all lots having access to a street offered for dedication have completed dwellings, and the Board of Supervisors shall determine that such improvements be accepted.
(5) 
Any offer of a deed of dedication must be accompanied by a maintenance bond and the as-built plan(s) prior to the anticipated date for the acceptance of the deed of dedication.
B. 
The Board of Supervisors shall have no responsibility with respect to any improvements, notwithstanding any public use thereof, unless and until such improvements are accepted for dedication by duly enacting or adopting an ordinance or resolution therefor.