A. 
General description of procedures. Each application for review of a subdivision and/or land development shall be made on a form prescribed by the Township. The procedures for consideration of a subdivision and/or land development include:
(1) 
Optional plan procedures.
(a) 
Preapplication review (§ 178-10A). This procedure provides the applicant an opportunity to receive recommendations and guidance from the Township staff while the project is at an early stage.
(b) 
Sketch plan review (§ 178-10B). This procedure provides the applicant a formal review process to receive recommendations and guidance from the Township staff, consultants and Township Planning Commission.
(2) 
Mandatory plan procedures.
(a) 
Preliminary/final plan (§ 178-11A). This procedure is a combined submission of a preliminary plan and final plan application.
(b) 
Preliminary plan application followed by final plan application (Section § 178-11C). This procedure is for receiving separate approval of a preliminary plan application before submission of a final plan application. This procedure accommodates phased development and other procedural benefits that are derived from a multilevel submission process.
(3) 
Special plan procedures.
(a) 
Temporary family housing [§ 178-12B(1)]. This type of housing is defined and regulated in the Zoning Ordinance[1] and is not required to comply with the processing procedure specified in this chapter.
[1]
Editor's Note: See Ch. 205, Zoning.
(b) 
Revised final plan application [§ 178-12B(2)]. This procedure is for correction of an obvious error or a minor alteration in a previously approved application.
(c) 
Lot line adjustment plan application [(§ 178-12B(3)]. This procedure is for an addition of a parcel of land to an abutting lot with no additional lot being created.
B. 
Discretionary procedures. Procedures described in this chapter that are not mandated by the provisions of the MPC are discretionary as to the Township's obligation. Failure of the Township to abide by such procedures shall not invalidate any action taken herein. However, all procedures are mandatory as to the applicant, unless waived by the Board of Supervisors, pursuant to§ 178-13.
C. 
Township staff and consultant review. Each application is subject to Township staff and consultant review prior to recommendation by the Planning Commission and decision by the Board of Supervisors. The applicant is not entitled to participate in, or be present at, any Township staff or consultant review; however, where deemed appropriate, the applicant and/or agent may be invited to attend.
D. 
Decision by Board of Supervisors. The official Township decision on any application filed under this chapter rests solely with the Board of Supervisors.
E. 
Special exception or conditional use. Whenever the Zoning Ordinance[2] provides that the use proposed by the applicant constitutes a use by special exception or a conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or the Board of Supervisors, as applicable, prior to the submission of an application for preliminary/final plan or final plan approval. The application shall conform to any conditions which have been imposed upon the granting of such special exception or conditional use by the Zoning Hearing Board or the Board of Supervisors, as applicable.
[2]
Editor's Note: See Ch. 205, Zoning.
F. 
Variance. Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of the Township Zoning Ordinance,[3] the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of the final plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the granting of such variance or variances by the Zoning Hearing Board.
[3]
Editor's Note: See Ch. 205, Zoning.
G. 
Application revisions after submission. Revisions or additions to the application are not permitted after the Planning Commission makes a recommendation to the Board of Supervisors. Only the material acted upon by the Planning Commission will be considered by the Board of Supervisors.
H. 
Schedule for review and action.
(1) 
The time frame for review and action with respect to subdivision and/or land development applications shall be as set forth in the MPC.
(2) 
At such time and under such circumstances as the Township staff and consultants shall determine that Planning Commission and/or Board of Supervisors review is appropriate, the application shall be placed on the next available Planning Commission or Board of Supervisors agenda and the applicant so notified. Attendance at the Planning Commission and Board of Supervisors meetings by the applicant or agent is expected.
I. 
Fees. The Township shall establish by resolution certain fees to be paid at the time of filing an application for plan review. Upon filing of an application, the Township shall establish an account in the name of the applicant and bill to the account those fees and expenses incurred in the course of review as permitted by law. Any failure by the applicant to pay such fees as required by the application shall constitute grounds for rejection of the application.
J. 
Effect of plan notes. All notes on an approved plan shall be deemed mandatory and constitute requirements, obligations, covenants, or restrictions, all of which shall run with the land and bind the applicant and its agents, servants, employees, contractors, transferees, grantees, heirs, successors, and assigns.
K. 
Submission of multiple design concepts. The submission of more than one design concept for the same property is allowed, provided each design concept is a separate, independent, application and fee. Each submission shall reference withdrawal of all other design concepts when approval of the application is attained. No applicant is entitled to approval of multiple design concepts for the same property.
L. 
Applicant's duty of good faith.
(1) 
Upon the filing of an application for review under this chapter, the applicant shall exercise good faith and promptly address or otherwise respond substantively to the review comments and requirements of the Township and its staff and consultants.
(2) 
It is the duty of the applicant to move the plan to completion in a prompt, timely, and diligent manner so as to enable formal action by the Township Planning Commission or Board of Supervisors, as the case may be, and to comply with all conditions of plan approval imposed by the Board of Supervisors, and to record the plan.
(3) 
The Township is not obligated to accept an applicant's offer of a time extension for plan review or grant a continuance of any hearing, meeting, or review.
M. 
Unsworn falsification to authorities. All statements made, whether written or oral, to the Township in the course of the land development plan or subdivision plan procedures, shall be true and correct to the best of the knowledge, information and belief of the applicant or its agents and consultants, and with the understanding that any false statement is subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
N. 
Submission constitutes public record (waiver of copyright). By making a submission under this chapter, the applicant acknowledges and agrees that all documents and other information submitted to the Township or it's consultants pursuant hereto constitute public records within the meaning of the Pennsylvania Right to Know Law, Act 3 of 2008, as amended,[4] and are subject to review and reproduction upon request in accordance with that Law and applicable Township requirements. Any such submission shall no longer be subject to protection under the Copyright Act as it relates to reproduction with regards to the Pennsylvania Right to Know Law, Act 3 of 2008, as amended, and any party making such submission expressly waives such copyright protection.
[4]
Editor's Note: See 65 Pa.C.S.A. § 67.101 et seq.
A. 
Preapplication procedure. The applicant may discuss plans under the preapplication procedure with Township staff prior to a formal submission under §§ 178-10B, 178-11,178-12, or 178-13. The purpose of the preapplication procedure is to afford the applicant an opportunity to receive input from the Township staff while the project is at an early stage and before the formal filing of a plan. The preapplication review shall not be considered submission of a plan for the purpose of determining approval, nor is this filing subject to Section 508 of the MPC.[1] No legal rights attach to the preapplication procedure.
[1]
Editor's Note: See 53 P.S. § 10508.
B. 
Sketch plan procedure.
(1) 
Purpose of sketch plan. The applicant may submit plans to the Township using this procedure before submission under § § 178-11, 178-12 or 178-13. The purpose of the sketch plan review is to afford the applicant an opportunity to receive recommendations and guidance from Township staff, consultants and, if requested, the Planning Commission, while the project is at an early stage.
(2) 
Submission procedure. Applications may be submitted to the Township on any business day. However, sketch plans must be received by the Township no later than the third Wednesday of the month in order to be considered for placement on the agenda. The Township reserves the right to determine in its sole discretion when an application will be placed on an agenda.
(3) 
Application requirement. All applications shall include an application form, application fee, plans, and supporting information as specified on the application form. The type and quality of the plans and supporting information contained in § 178-17 are suggested and not mandatory. Information provided with the sketch plan application has a direct nexus to the level of assistance that is provided by the Township. Therefore, submission of a greater level of detailed information will result in a more comprehensive response by the Township.
(4) 
Review. The application is reviewed by Township staff, consultants and, if requested by the applicant, the Planning Commission. If the application notes a request for Planning Commission review, Township staff shall determine when the application will be placed on the Planning Commission agenda and notify the applicant. Attendance at the Planning Commission meeting by the applicant or agent is necessary to discuss all aspects of the application.
(5) 
Legal rights. No legal rights attach to the sketch plan procedure, and Section 508 of the MPC[2] shall not apply.
[2]
Editor's Note: See 53 P.S. § 10508.
A. 
General. The filing of an application under this section is mandatory for all subdivision and land development plans, except as provided in § 178-12, Special plan procedures.
B. 
Preliminary/final plan procedure.
(1) 
Purpose. The preliminary/final plan provides the applicant a procedure for submission of an application for preliminary plan and final plan simultaneously. In the alternative, the applicant may sequentially submit a preliminary plan followed by final plan under § 178-11C. Any plan proposing either or both i) more than five lots and/or ii) public improvements is not eligible for the preliminary/final plan procedure, but instead must proceed with separate preliminary plan and final plan procedures.
(2) 
Submission procedure.
(a) 
The application may be submitted to the Township on any business day. However, the application must be received by the Township at least 30 days prior to the meeting of the Planning Commission at which initial consideration of the application is desired. The Township reserves the right to determine in its sole discretion when an application will be placed on an agenda.
(b) 
All conditional uses, special exceptions, and variances required by the application shall be obtained prior to submission of an application.
(3) 
Submission to other agencies.
(a) 
The applicant shall submit the preliminary/final plan to the County Planning Commission, PennDOT, County Conservation District, and any other applicable agency with jurisdiction and provide the Township with evidence of the submission.
(b) 
Where a subdivision or land development abuts another municipality, the applicant shall, at the request of the Township, provide a courtesy copy of the plan to that municipality and provide the Township with evidence of the submission.
(4) 
County planning department review. The Township will not schedule an application for action by the Board of Supervisors until the receipt of the County Planning Department report, or the expiration of 30 calendar days from the date the application was forwarded to the County Planning Department.
(5) 
Application contents.
(a) 
All applications shall include a completed application form, fee, plans, and all other required documents specified on the application form and in Article III. Upon filing, the same shall constitute an application for development within the meaning of the MPC.
(b) 
Failure to fully complete the application form, provide all required information and fee, and follow all directives contained therein shall be grounds to reject the application as incomplete and, therefore, not filed within the meaning of Section 508 of the MPC.[1] If an application is deemed incomplete, the time for review and action on the proposed subdivision and/or land development plan application shall not be deemed to have commenced.
[1]
Editor's Note: See 53 P.S. § 10508.
(6) 
Review for completeness of application.
(a) 
Bases for determination. To be complete, the submission shall contain:
[1] 
Fully completed and executed application form;
[2] 
Application fee and escrow deposit;
[3] 
All required documents specified in the application form; and
[4] 
Correct number of copies for all documents and plans.
(b) 
Compliant application. If determined to be complete, the application shall be deemed accepted for filing as of the date of receipt. Acceptance for filing shall not constitute a waiver of any deficiencies or irregularities.
(c) 
Incomplete application. If determined to be incomplete, the application may be rejected. If rejected, the Township shall notify the applicant of the rejection within 10 days of receipt of the application.
(d) 
Appeal of rejection. The applicant may, within seven days of receipt of the notice of rejection, file with the Township an appeal of the rejection. Such appeal shall state the grounds for the appeal. The Board of Supervisors will consider the appeal at a public meeting within 45 calendar days of receipt of the appeal. The time period for action on the application is not extended by appeal if the applicant prevails.
(e) 
Legal rights. No legal rights attach if the application is rejected, and Section 508 of the MPC[2] shall not apply.
[2]
Editor's Note: See 53 P.S. § 10508.
(7) 
Staff and consultant review.
(a) 
Review. Prior to review by the Planning Commission, the application is reviewed by the Township staff and consultants. Where applicable, the applicant may be invited to attend a review meeting with the Township staff and consultants.
(b) 
Review letter. The Township staff and consultants shall issue a review letter. The review letter shall cite, were applicable, the legal authority in support of the comments contained therein.
(8) 
Township Planning Commission review.
(a) 
Schedule. At such time and under such circumstances as the Township staff and consultants shall determine that Planning Commission consideration is appropriate, the application shall be placed on the next available meeting agenda and the applicant so notified.
(b) 
Attendance at public meeting. Attendance at the Planning Commission public meeting by the applicant or agent is expected. The applicant or agent must be prepared to discuss all aspects of the application.
(c) 
Deliberation and recommendation. At the public meeting, the Planning Commission will consider the applicant's submission, Township staff and consultant review, other pertinent material, and public comment. The Planning Commission may:
[1] 
At the public meeting, the Township Planning Commission will consider Township staff and consultants reviews and any other pertinent material, and receive public comments. The Township Planning Commission may:
[a] 
Table action on the application.
[b] 
Take action on the application, which may include a recommendation of approval, approval with conditions, or denial.
[2] 
The Township Planning Commission will announce a verbal recommendation which will form the basis of the resolution to be acted upon by the Board of Supervisors. The Township Planning Commission shall provide a written recommendation to the Board of Supervisors.
[3] 
Receipt of the Township Planning Commission recommendation is a prerequisite to the review and action by the Board of Supervisors.
(d) 
Recommendation to Board of Supervisors. The Township Planning Commission recommendations, staff review, and consultant review will be provided in writing to the Board of Supervisors. Receipt of the Planning Commission recommendation is a prerequisite to review and action by the Board of Supervisors. Where applicable, the recommendations shall cite provisions of this chapter, as well as other pertinent ordinances, rules, regulations, specifications, and authority relied upon. The Board of Supervisors is not bound by the recommendations and may modify the same.
(e) 
Resubmission of application. If the applicant revises the application pursuant to the discussion of the Planning Commission before action by the Planning Commission, the revised application shall be submitted to the Township according to § 178-11B with a brief narrative identifying the alterations.
(f) 
No revisions after recommendation. No revisions shall be made to the application after the Planning Commission recommendations. Only the application acted upon by the Planning Commission shall considered by the Board of Supervisors.
(9) 
Board of Supervisors decision.
(a) 
Schedule. Following a Planning Commission recommendation, the application shall be placed on the next available Board of Supervisors agenda and the applicant so notified.
(b) 
Attendance at public meeting. Attendance at the Board of Supervisors public meeting by the applicant or agent is required. The applicant or agent must be prepared to discuss all aspects of the application.
(c) 
Decision. Before rendering a decision on the application, the Board of Supervisors shall at the public meeting, consider the memorandum of recommendation as prepared by the Township staff, the written recommendations prepared by the Township Planning Commission and receive public comments. The Board of Supervisors will announce a verbal approval, conditional approval, denial, or tabling of the application. A written memorandum of the decision will be delivered to the applicant.
(d) 
Applicant acceptance of conditions. If the application is approved subject to modification or other conditions, the applicant or agent will be requested at the public meeting to verbally indicate acceptance or rejection of such modification or conditions.
(e) 
Written notification of Board of Supervisors decision and applicant's acceptance. Township staff shall provide written notice of the Board of Supervisors decision to the applicant, personally or by mail, to the applicant's last-known address. The applicant shall provide the Township with a written approval or rejection of the Board of Supervisors decision. Refusal by the applicant to accept conditions of approval shall constitute denial of the application.
(f) 
Extension of time. The applicant may offer the Township an extension of time within which the Township shall act upon the application and/or render a written decision.
(10) 
Compliance with conditions of approval.
(a) 
If the Board of Supervisors approves the plan subject to conditions, documents evidencing compliance with such conditions (including but not limited to required financial security and improvement agreements as specified in Article IV) shall be submitted to the Township. The applicant shall include a brief narrative concerning the submitted data.
(b) 
Where financial security and improvement agreements are required as a condition of plan approval, the plan shall not be recorded until the time as the same is provided to the satisfaction of the Township.
(c) 
The Township staff will advise the applicant when all conditions of approval have been satisfied.
(d) 
After all conditions of approval are satisfied, the applicant shall present to the Township:
[1] 
Two paper copies of all plan sheets and supporting material for the Township files; and
[2] 
One electronic file of all plan sheets and supporting material formatted to the current Township specifications;
(11) 
Plan certification and recording.
(a) 
Number of plans for recording. After all conditions of approval are met, the applicant shall present to the Township the following formats of all plan sheets: four paper copies; one electronic copy in a PDF file, one CD each with an electronic copy in .dwg AutoCAD file/format, and the number of plan sheet copies that are desired to be retained by the applicant. These plans are for the following:
[1] 
Two paper copies of all plan sheets for Township records.
[2] 
One electronic PDF file for Township records.
[3] 
One CD with electronic .dwg AutoCAD file for County Planning Commission.
[4] 
Two paper copies of all plan sheets for Cumberland County Recorder of Deeds.
[5] 
Number of the paper copies of all plan sheets desired to be retained by the applicant.
(b) 
Standards for plans to be recorded. All plan copies shall be in black ink and bear original signatures on each certificate and seal of professional responsible for preparation of the plan.
(c) 
Payment of fees. No plan shall be released for recording until all consultant review fees are paid in full in accordance with this chapter and applicable resolutions.
(d) 
Recording of plans.
[1] 
Upon certification by the Township, the Township shall submit the plans to the Cumberland County Planning Commission for signature and, thereafter, the office of the Cumberland County Recorder of Deeds for recording.
[2] 
When all conditions of plan approval are satisfied, the plan shall be recorded in the office of the Cumberland County Recorder of Deeds within 90 calendar days from the date of the Board of Supervisors certification of approval.
[3] 
No lot may be sold, construction initiated and/or earth disturbed until the plan is recorded in the office of the Cumberland County Recorder of Deeds. The Township will not issue further approvals or permits until the applicant meets all conditions of approval.
[4] 
Recording of the plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon, unless reserved by the landowner as hereinafter provided. Approval by the Board of Supervisors shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated street or public use, until the Board of Supervisors shall have accepted the same by the prevailing procedure of the Township.
C. 
Preliminary plan approval followed by final plan approval.
(1) 
Purpose. This procedure provides a process for receiving separate approval of a preliminary plan before submission of a final plan. This procedure may accommodate phased development and provide other benefits that are derived from a multilevel submission process.
(2) 
Sequential submission. The preliminary plan and final plan procedures are sequential. Successful completion of this preliminary plan procedure must be completed before approval of the final plan. The final plan shall be substantially consistent with the preliminary plan. The final plan may include phases of an approved preliminary plan, provided:
(a) 
In a residential subdivision or land development, each phase in the final plan shall contain a minimum number of dwelling units equal to 25% of the total number of dwelling units depicted on the preliminary plan, unless a lesser number is approved by the Board of Supervisors in its discretion;
(b) 
Each phase independently conforms to this chapter, regulations and other standards of the Township; and
(c) 
Each phase independently results in a logical extension of streets, access drives, alleys, stormwater management facilities, sanitary sewer facilities, water supply facilities, and other required improvements.
(3) 
Submission procedure. The application shall be submitted in compliance with § 178-11B(2) through (4)..
(4) 
Application requirements. The application shall be in compliance with § 178-11B(5).
(5) 
Application process. The application shall be processed in compliance with § 178-11B(6) through (10).
(6) 
Plan certification and recording. The final plan shall be processed in compliance with § 178-11B(11).
A. 
Eligibility for special plan procedure. Unless as otherwise specified, a special procedure is at the sole discretion of the Township.
B. 
Type of plans.
(1) 
Temporary family housing plan. Temporary family housing, as regulated in the Township Zoning Ordinance,[1] is not required to comply with the processing procedure specified in this chapter. The procedures of the Zoning Ordinance shall apply to temporary family housing.
[1]
Editor's Note: See Ch. 205, Zoning.
(2) 
Revised final plan. The procedures of § 178-12C shall apply to a revised final plan. A revised final plan is limited to the following:
(a) 
Correction of an obvious error in an approved application; or
(b) 
Depiction of a minor alteration that is substantially consistent with the approved application.
(3) 
Lot line adjustment plan. The procedures of § 178-12C shall apply to a lot line adjustment plan. A lot line adjustment plan is limited to the addition of a parcel of land to an abutting lot with no additional lot being created.
C. 
Submission procedure for revised final plan and lot line adjustment plan. The application shall be submitted to the Township on any business day.
(1) 
Submission procedure. The application shall be submitted in compliance with § 178-11B(2) through (4).
(2) 
Application requirements. The application shall be in compliance with § 178-11B(5).
(3) 
Staff and consultant review. The application is reviewed by Township staff and consultants in accordance with § 178-11B(6) and (7). Township staff may refer the application to the Planning Commission for review in accordance with § 178-11B(8).
(4) 
Board of supervisors decision. At such time and under such circumstances as the Township staff shall determine that Board of Supervisors consideration is appropriate, the application shall be placed on the next available agenda. The process for a Board of Supervisors decision will be in accordance with § 178-11B(9).
(5) 
Compliance with conditions of approval. If the Board of Supervisors conditions its approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted in compliance with Section § 178-11B(10).
(6) 
Plan certification and recording. The application shall be processed in compliance with § 178-11B(11).
A. 
Purpose. A waiver is the mechanism by which an applicant may receive a modification or deferment of a requirement of this chapter as it applies to a specific project.
B. 
Standards for waiver. A waiver may be approved at the sole discretion of the Township, provided that such a waiver will not be contrary to Section 512.1(a) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10512.1(a).
C. 
Submission procedure.
(1) 
Written request. The application for a waiver shall be submitted in writing. The written request shall include citation(s) to the specific provision(s) of this chapter for which the waiver is sought, together with a statement setting forth the purpose and grounds for the request.
(2) 
Planning Commission review. At the public meeting, the Planning Commission shall consider Township staff and consultant review, the applicant's submission, and other pertinent material and public comment. The Planning Commission may recommend reasonable conditions that may be attached to the waiver. The Planning Commission will make a recommendation to the Board of Supervisors.
(3) 
Recommendation to Board of Supervisors. Based upon the recommendation of the Planning Commission, Township staff and consultants will prepare and submit recommendations for consideration by the Board of Supervisors. Where applicable, the memorandum shall cite provisions of this chapter, as well as other pertinent ordinances, specifications, and authority relied upon or the reason therefor. The Board of Supervisors is not bound by the memorandum and may modify the same.
(4) 
Schedule. At such time and under such circumstances as the Township staff and consultants shall determine that Board of Supervisors consideration is appropriate, the waiver request shall be placed on the next available Board of Supervisors agenda and the applicant so notified.
(5) 
Attendance at public meeting. Attendance at the Board of Supervisors public meeting by the applicant or agent is required. The applicant or agent must be prepared to support the grounds and basis for the waiver request.
(6) 
Deliberation. At the public meeting, the Board of Supervisors shall consider Township staff and consultant reviews, the applicant's submission, and other relevant material and public comment. The Board of Supervisors shall decide the request and may attach reasonable conditions to any grant thereof.
(7) 
Applicant acceptance of conditions. If the waiver is approved subject to modification or other conditions, the applicant will be requested at the public meeting to verbally indicate acceptance or rejection of such modification or conditions. Refusal by the applicant to accept modification or conditions of approval constitutes denial of the waiver.
(8) 
Written notification of Board of Supervisors decision and applicant's acceptance. Township staff shall provide written notice of the Board of Supervisors decision to the applicant personally or by mail to the last-known address. The applicant shall provide the Township with a written approval or rejection of the Board of Supervisors decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the waiver.
(9) 
Sovereign action by the Board of Supervisors. The Board of Supervisors may consider a waiver independent of the Township Planning Commission review procedure.
A. 
Unless authorized by the Township, no work shall commence until:
(1) 
All required permits and approvals are received;
(2) 
The developer reimburses the Township for all review fees and any other sums due and owing which relate to the subject property;
(3) 
The improvements agreement is executed;
(4) 
The developer's expense escrow account is established and funded;
(5) 
Approved financial security (if applicable) is provided;
(6) 
Approved insurance is provided;
(7) 
A preconstruction conference is conducted with Township staff; and
(8) 
A notice to proceed is issued, in writing, by the Township.
A. 
Township assignment of representatives. The Township may, during the developer's course of construction, installation, erection, and completion of the required improvements, assign representatives to observe or inspect the performance of the developer's work. Such representatives are not authorized to revoke, alter, amend, enlarge, relax, or release any requirements or conditions of approval; approve or accept any portion of the developer's work; or issue instructions contrary to the requirements of the application or conditions of approval of the application. The presence of such representatives during the performance of the work, and any acceptance or approval by such representatives or the Township, shall not relieve the developer of responsibility for work that is later determined by the Township to be defective.
B. 
Authorization for Township observation. The construction, installation, erection, and completion of required improvements are subject to the observation and approval of the Township according to the improvements agreement, approved application and Township standard construction and material specifications documents. The developer shall permit the Township to observe the work, to make reasonable observation(s) and reobservations, and to perform or conduct appropriate tests. In the event that any portion of the work is backfilled or concealed prior to observation and without the consent of the Township, the developer shall, if required by the Township, uncover such work at its sole cost and expense and make the same available for observation and/or testing.
C. 
Township determination. The Township shall determine in its sole discretion whether the required improvements comply with this chapter, the improvements agreement and the approved application.
A. 
Deemed private until accepted.
(1) 
Until such time as an offer of dedication has been accepted by the Board of Supervisors, all improvements shall be deemed to be private and for the benefit of the project.
(2) 
Dedication is not complete until it is authorized by the Board of Supervisors.
(3) 
The Township shall have no responsibility for such improvements or property unless and until there occurs an acceptance of an offer of dedication.
B. 
Procedure for Township Engineer's review of improvements. Upon Township receipt of written notice from the developer indicating that the improvements are installed and ready for final Township inspection, the Township shall notify the Township Engineer, who shall inspect the work and determine if it is in compliance with the approved application and improvements agreement. Following the inspection, the Township Engineer shall notify the Township and developer of the results and, if the Township Engineer determines that the work is complete, the developer may proceed with the dedication process. If the work is not complete, the developer shall take all necessary action to complete the improvements and notify the Township in accordance with this subsection.
C. 
Requirements for submission of an offer of dedication. No offer of dedication shall be submitted unless and until:
(1) 
All requirements of the approved application and the improvements agreement have been fulfilled;
(2) 
The Township Engineer confirms, in writing, that the improvements are installed in accordance with the approved application and improvements agreement, as well as the approved Township construction and material specifications;
(3) 
The developer provides an as-built plan in compliance with the standard construction and material specifications documents and including, where necessary, notes identifying all deviations from the approved plan;
(4) 
The developer reimburses the Township for all review fees, costs, and any other sums due and owing which relate to the application;
(5) 
The developer provides evidence of final acceptance of the improvements by all other applicable agencies;
(6) 
The developer provides an executed maintenance guarantee to the satisfaction of the Township;
(7) 
The developer provides a certification of clear title or other acceptable guarantees for any dedicated property; and
(8) 
The developer provides all necessary instruments of conveyance to the satisfaction of the Township.
D. 
Standards for conveyance.
(1) 
An interest in land or property shall be conveyed free and clear of all liens and encumbrances, for nominal consideration and by instrument approved by the Township Solicitor.
(2) 
As a condition of dedication of real property, the developer shall present a petition to the Township offering fee simple title by deed of dedication. With respect to streets, the deed shall include all real property and all improvements constructed therein, as set forth on the approved application, together with a diagram depicting the real property and improvements thereto. The deed of dedication shall be in the form of a special warranty deed and shall contain a metes and bounds description.
(3) 
Unless otherwise authorized by the Township, all improvements shall be offered for dedication at the same time.
(4) 
It shall be a violation of this chapter for any person to place or allow to be placed mechanic liens on land or improvements that are to be offered by bill of sale or otherwise conveyed to the Township.
E. 
Acceptance of dedication. Acceptance of an offer of dedication shall be by resolution of the Board of Supervisors.