Before final approval of any subdivision or land development plan, the Supervisors shall require either:
A. 
That the improvements required by this chapter or appearing on the plan shall have been installed in strict accordance with the standards and specifications of this chapter;
B. 
That the Township be assured by means of a reasonable subdivision improvements agreement and financial security, acceptable to the Supervisors, that the improvements required by this chapter will be installed;
C. 
A combination of Subsections A and B, above;
D. 
When requested, in writing, by the developer or his/her lending institution, in order to facilitate financing, the Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or 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 request for extension is requested and granted by the Supervisors. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
A. 
In all cases, the subdivider or land developer shall be responsible for the installation of all improvements as depicted on the approved plat and contained in the conditions of approval.
B. 
The Township Engineer/consultant or other Township designee may make such inspections of the required improvements at such intervals as may be necessary to assure compliance with this chapter. The costs of such inspection shall be borne by the subdivider or land developer.
The subdivision improvements agreement shall be acceptable in legal form to the Township Solicitor and shall be acceptable in content to the Township Supervisors. The Township may require that a subdivision improvements agreement include any of the following items, where applicable, and such additional items as are necessary to carry out this chapter:
A. 
A cost estimate consisting of a tabulation of all items of work depicting the construction required by the approved plans. Each item shall be followed by an estimated quantity of units of measurement (cubic yards, etc.), an estimated unit price and the respective extension being the item total. Item totals shall be added to produce the total estimated cost.
(1) 
The cost estimate shall include the following items:
(a) 
Cost to prepare as-built plans;
(b) 
Cost to prepare legal descriptions of deeds of dedication for roads;
(c) 
Recording fees and fees for bill of sale for utilities.
(2) 
As the work progresses, periodic written estimates may be submitted of work completed relative to the respective total of construction improvements for the purposes of release of the financial security posted per § 375-46D.
B. 
A construction schedule in a format acceptable to the Township Engineer/consultants (e.g., but not limited to, bar charts, CPM charts, PERT charts, GANTT diagrams, etc.) setting forth the starting date, significant milestones and completion date for each phase of major improvements (e.g., roads, sewers, water supply, stormwater management system, erosion and sedimentation control, etc.). The schedule or chart may be set forth in terms of dates, time durations, sequence of critical activities, etc., as acceptable to the Township Engineer/consultants. Failure of the developer to conform to the approved schedule shall be a default under the agreement and shall enable the Township to invoke and utilize all remedies available.
C. 
The provision of a performance guarantee for completion of required improvements in compliance with § 375-46.
D. 
The provision of a maintenance guarantee in compliance with 375-48.
E. 
Provisions concerning the developer's responsibilities for damage to other property (public or private), including maintenance by the developer of public liability insurance for the duration of improvements construction, with a hold harmless clause to protect the Township from liability related to such work. A copy or other evidence of such liability coverage shall be provided to the Township prior to such work.
F. 
Provisions for the dedication of streets, water and sewer lines and any other easements or improvements approved to be dedicated.
G. 
Provisions for the developer to reimburse the Township for all engineering costs directly related to the review, construction and inspection of the proposed improvements, and legal costs directly related to the preparation of the agreement.
H. 
Provisions concerning any violations of the improvements agreement.
I. 
Any other lawful terms which the Supervisors may require to carry out the provisions of this chapter.
J. 
Signatures. The agreement shall be signed by all responsible landowners and/or developers.
K. 
Ownership of land and guarantee.
(1) 
A certificate of ownership in the form of Appendix B[1] shall be executed in the exact name in which title is held. If the developer(s) of a subdivision is someone other than the landowner(s) of the subdivision, the developer shall also execute this affidavit, along with a security agreement.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Change in ownership or developer. Any conveyance of all or a substantial portion of the unimproved lots or public improvements or streets of any subdivision or change in developers, whether voluntary or by action of law or otherwise, shall require the prior approval of the Supervisors. In giving or denying said approval, the Supervisors shall require that such new landowner and/or developer fully assume all applicable responsibilities under the development agreement and post all the appropriate security agreements.
L. 
Utility agreements. If a development will connect into a public water or public sanitary sewage system, the applicable authority, agency or company may also require separate development agreements.
M. 
As-built plans and certification. The developer shall provide the Township with a set of reproducible as-built plans prepared by and certified to by a professional engineer of all roadways, storm and sanitary sewers, water distribution facilities and other underground facilities. Placement of iron pins and/or concrete monuments shall be certified to by a professional land surveyor.
The performance guarantee for completion of required improvements shall meet the following requirements:
A. 
Type of security.
(1) 
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 for the purposes of this section.
(2) 
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.
(3) 
Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required within one year of the date fixed in the subdivision plat for completion of such improvements.
B. 
Amount of security.
(1) 
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 developer in the official development schedule (see 375-45B), and within the process for increases to cover inflation as permitted by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
The cost of the improvements shall be established by an estimate prepared by a PA registered professional engineer and certified by such engineer to be a fair and reasonable estimate of such cost (see § 375-45A), and it shall be reviewed by the Township Engineer within the arbitration process permitted by the Pennsylvania Municipalities Planning Code.
(3) 
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 a maximum of 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 procedure.
(4) 
Inspection fees. The amount of financial security shall also include an additional reasonable amount, not to exceed 10% of the estimated cost of completion of the work, to guarantee payment of inspection fees and related engineering costs.
(5) 
If at any time it appears that the amount of financial security remaining is less than the aforesaid 110% of the cost of completing the required improvements, including estimated inspection and engineering costs, then the party posting the financial security shall post additional financial security to restore the amount to the aforesaid 110%.
C. 
Multiyear or multistage development. In the case where development is projected over a period of years, the Supervisors may authorize submission of final plans by phases/stages of development, subject to such requirements or improvements guarantees concerning future improvements as it finds necessary for the proper functioning of each phase and for the eventual development as a whole.
D. 
Release of financial security.
(1) 
As the work of installing the required improvements proceeds, the party posting the financial security may request, in writing, that the Supervisors authorize release from time to time such portions of the financial security necessary for payment to the contractor or contractors performing the work.
(2) 
The Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Supervisors to the extent that such portion of the work upon the improvements has been completed in accordance with the approved plat.
(3) 
Upon such certification, the Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer/consultant fairly representing the value of the improvements completed less 15% retainage.
(4) 
If the Supervisors fail to act within said forty-five-day period, the Supervisors shall be deemed to have approved the release of funds as requested.
(5) 
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.
(6) 
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the municipality 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 on the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, 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 plat, 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.
E. 
Completion of unaccepted improvements. The developer shall complete any required improvements that the Supervisors determine are not satisfactory or complete. Upon completion, the applicant may request approval in conformance with the procedures specified in this section.
F. 
Final release.
(1) 
When the developer has completed all of the required and necessary improvements, the developer shall request final release in conformance with the procedures specified in this section. See time limitations and procedures in Section 510 of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10510.
(2) 
Such final release shall include all monies retained under § 375-46B.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
Appeal. Nothing herein shall be construed to limit the developer's right to contest or question by legal proceedings or otherwise any determination of the Supervisors or the Township Engineer/consultant.
H. 
Certificate of occupancy and completion of improvements.
(1) 
A temporary or final certificate of occupancy shall not be issued and a structure shall not be occupied unless all principal buildings have access to a clearly permanently passable street with at least a complete paving base course and any required curbing installed.
(2) 
In addition to Subsection H(1) above, no final certificate of occupancy shall be issued until the structure is completed as approved with service by all required utilities and with all access onto a street completed to required standards, if applicable, and fully complies with Chapter 440, Zoning, of this Code.
A. 
Enforcement of security.
(1) 
In the event that any improvements that were required have not been installed as provided in this chapter or the approved final plan or the subdivision improvements agreement, or in the event of the bankruptcy of the owner or developer, or in the event the performance security lapses in time before the required improvements are completed, then the Supervisors are hereby granted the option to enforce any security posted under this chapter by appropriate legal and equitable remedies.
(a) 
Such remedies may include taking all actions necessary to ensure improvements are completed without cost to the Township, including but not limited to:
[1] 
Seizure of undeveloped lots;
[2] 
Seizure of escrow funds;
[3] 
Revocation or suspension of building permits or suspension of issuance of new building permits;
[4] 
Nonrelease of performance securities;
[5] 
Nonapproval of occupancy certificates;
[6] 
Request for additional performance security;
[7] 
Nonacceptance of improvements; and
[8] 
Removal, reconstruction or replacement of substandard improvements at the cost of the developer.[1]
[1]
Editor's Note: Original Sec. 8.05A.a.9, regarding summary prosecution, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Construction without inspection. If required improvements have been completed without providing the Township Engineer/consultant or his representatives with proper opportunity for inspection, and as a result the Township Engineer/consultant cannot determine whether the improvements were properly constructed, then the Supervisors may require that the developer, at the developer's expense, remove, replace, sample, test or reconstruct such improvements as necessary to determine compliance with this chapter and other applicable Township standards.
(2) 
Rate of construction. Failure of a developer to construct streets and other public improvements at the same time or prior to the construction of the buildings served by those streets or public improvements, and at the same rate in time at which buildings are completed, shall be a violation of this chapter and a cause for default of the security.
B. 
Completion by Township. If the proceeds of such security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Supervisors may, at its option, install or replace 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.
C. 
Proceeds for installation of improvements. The proceeds from use of the security and/or from any legal or equitable action brought against the developer shall be used solely for the installation of the improvements covered by such security and directly related administrative costs.
A. 
Maintenance guarantee required. All applicants proposing any subdivision or land development which provides for the dedication of improvements required by this chapter shall be required to provide a legally binding maintenance guarantee to the Township prior to acceptance or dedication of the improvements by the Township. In most cases, this guarantee will be part of the subdivision improvements agreement.
B. 
Terms of maintenance guarantee. The maintenance guarantee shall be acceptable in legal form to the Township Solicitor and in content to the Supervisors, and shall include all of the following:
(1) 
That the developer make any repair or reconstruction of any improvement stipulated in the maintenance agreement that is identified by the Supervisors as needed because of faulty construction, workmanship, or materials, prior to acceptance of such improvement by the Township;
(2) 
That the developer maintain at his/her own cost all improvements stipulated in the maintenance agreement, up to a maximum period of 18 months from the acceptance of dedication by the Township, except for any special purpose escrow or maintenance agreements required by the Township;
(3) 
That the developer post 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 maximum term of 18 months from the acceptance of dedication by the Township;
(4) 
That the developer plow snow and maintain all streets until such time as the Township may accept such streets; and
(5) 
That the developer maintain stormwater facilities and erosion and sedimentation control items as may be required.
C. 
Public utilities and authorities. If water distribution systems or sanitary sewer systems, or both, and related apparatus or facilities are to be installed under the jurisdiction and under the rules and regulations of a public utility or municipal authority, financial security to assure proper completion and maintenance thereof shall be posted is accordance with the regulations of the controlling public utility or municipal authority. This amount of financial security shall not also be required by the Township if it is required by such utility or authority.
D. 
Type of security. The maintenance guarantee shall be secured by the same form of security as is permitted for the improvements guarantees.
E. 
Terms. Such maintenance guarantee shall be in the form approved by the Township Solicitor and Supervisors, payable to the Township, to guarantee the maintenance and repair of the streets and other public improvements in the subdivision or land development for 18 months from the acceptance of dedication by the Township. The developer shall prove to the satisfaction of the Supervisors that there will be an acceptable system for the long-term maintenance of any stormwater detention basins.
F. 
Amount. The amount of the maintenance guarantee shall be as approved by the Township Engineer, conditioned upon acceptance by the Supervisors, but shall not exceed 15% of the actual cost of installation of such improvements.
G. 
Release. After a maximum of 18 months from the acceptance of dedication by the Township of said improvements, the Township shall release the maintenance guarantee to the developer (or party that posted the guarantee) if all improvements are in satisfactory condition, as determined by the Township Engineer.