A. 
Compliance with ordinance. No project shall be considered in compliance with this chapter until the developer constructs and installs all required improvements and common amenities according to the approved plan, Township motion of approval, improvements agreement, permits, and all applicable laws, ordinances, and resolutions including, but not limited to, those relating to review fees, inspection fees, and security.
B. 
Developer's responsibility. The developer shall pay all costs connected with the design, acquisition of materials, acquisition or interest in lands, installation of improvements, cost of dedication related to required improvements or public amenities, and Township fees. The developer shall obtain and maintain in full force and effect all required approvals and permits. The developer shall comply with this chapter and all resolutions relating to payment of consultant review fees and maintain a developer's expense escrow account.
C. 
Required submission. The developer of projects that include required public improvements or common amenities shall provide the Township, and where relevant the Township Authority, an executed improvement guarantee (whether by posting financial security or installation of required improvements pursuant to a preliminary plan), up-to-date expense escrow, executed improvements agreement and, as necessary, post financial security as required by the Township. With an offer of dedication, the developer is required to provide dedication documents, easement documents, bills of sale, and maintenance guarantee.
D. 
Private work. Work to be executed by the developer pursuant to the approved plan or improvements agreement shall not be considered public work within the meaning of the Pennsylvania Prevailing Wage Act,[1] and funds received by the Township from a security established pursuant to this chapter shall not be considered funds of a public body. The bidding requirements of the Second Class Township Code[2] shall not apply.
[1]
Editor's Note: See 43 P.S. § 165-1 et seq.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
E. 
Security for utilities. Financial security as otherwise required by this article does not apply to sanitary sewer and water supply facilities that are:
(1) 
Installed under the jurisdiction and pursuant to the rules and regulations of a public utility or an authority other than the Township Authority; and
(2) 
Subject to financial security to assure proper completion and maintenance thereof is posted in accordance with the regulations of the controlling public utility or Authority.
F. 
Security for state routes. Financial security as otherwise required by this article does not apply when financial security is required by, and provided to, PennDOT in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law."[3]
[3]
Editor's Note: See 36 P.S. § 370-101 et seq.
G. 
Developer default. Where required improvements and common amenities have not been properly or timely completed, or where the developer otherwise breaches any of the terms and conditions of the improvements agreement, the Township may claim against the financial security posted by the developer and undertake to install, construct, erect and/or complete such portions of the improvements as are then not completed, repaired or replaced as well as any portions of the improvements deemed defective or deficient, or otherwise cure the developer's default or breach. The Township may use the security to pay for all costs (including fees for engineers, attorneys and other necessary consultants) incurred in identifying, inspecting, enforcing and completing the work. To complete the work, the Township may do some or all of the work using its own labor force (and reimburse itself for all of the direct and indirect costs thereof, including, but not limited to, employee wage and benefits costs, insurances, and engineering, legal and consulting fees, and equipment and materials) and/or may contract directly with third parties. The Township shall not be required to bid any work, and the developer shall become immediately responsible to pay to the Township any deficiency incurred as a result of the default or breach. The above not withstanding, the Township shall retain all other rights and remedies to secure compliance with the conditions of plan approval, the terms of the improvement agreement and completion of the work.
H. 
Violations of improvements agreement. In addition to any other remedies at law or equity, any violation of this article, including the terms of any improvement agreement shall be subject to the penalties and remedies afforded by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended.
A. 
Developer responsibility to reimburse Township. In accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended, and any improvements agreement pursuant to this chapter, the developer shall reimburse the Township for all professional consultant review fees as herein defined. No construction contemplated by a plan shall commence and no recording of a plan shall occur until all consultant review fees paid or incurred by the Township are reimbursed by the developer.
B. 
Definition of "reimbursable fees." Reimbursable fees include all consultants, administrative document processing, construction observation, review of the project, legal costs, including, but not limited to, the preparation of an improvements agreement, notary and recording fees incurred in connection with the recording of the plans, agreements, deeds of dedication, easements, and other legal instruments and such other fees as may be incurred.
C. 
Payment schedule. No construction of public improvements or common amenities contemplated by a preliminary plan shall commence and no recording of a final plan shall occur until all consultant review fees paid or incurred by the Township are paid by the developer in accordance with this chapter, applicable resolutions and/or the improvements agreement, as applicable.
D. 
Duty to replenish account. Where established by resolution or an improvements agreement, the developer shall at all times properly fund an escrow account. Any failure of the Township to notify the developer of a deficiency in an escrow account and/or any failure to demand escrow account replenishment shall not constitute a defense to, or waiver of, any claim by the Township to be reimbursed for the consultant review fee paid or incurred by the Township in connection with the review and approval of the developer's plan or the construction, observation, inspection, review and approval of the public improvements and common amenities contemplated by the developer's plan.
E. 
Expense escrow account. Following plan approval and as a condition of recording a final plan, in order to fund and secure the developer's obligations hereunder, the developer shall enter into an appropriate agreement with the Township to establish and fund a developers expense escrow account to be utilized pursuant to § 178-27 of this chapter.
F. 
Interest charged on unpaid fees. In the event that the Township issues an invoice for charges in excess of the existing expense escrow account balance, in addition to the obligation to replenish the expense escrow account, the developer shall pay all sums due and owing as reflected on the invoice within 15 calendar days of the date thereof. Thereafter, the unpaid balance of fees shall incur interest at the rate of 1.5% per month, not to exceed 18% per annum (not compounded).
G. 
Failure to maintain adequate funds. A failure by the developer to timely replenish an escrow account or to pay the Township's bill for consultant review fees may in the sole discretion of the Township result in the imposition of any or all of the preventive remedies found in the Municipalities Planning Code, Act 247 of 1968, as reenacted and amended and/or the issuance of a stop-work order. In addition to these remedies the Township shall retain the right to initiate and prosecute actions at law or in equity to obtain payment and/or reimbursement of consultant review fees. In the event that the Township shall initiate suit to recover consultant review fees, the Township shall be entitled to claim and recover all costs allowed by law.
H. 
Fee disputes. If, in accordance with the requirements of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended, a developer disputes the reasonableness or necessity of a consultant review fee, any appeal taken and perfected shall not constitute a supersedeas nor shall it stay the developer's obligations to pay or reimburse the Township hereunder, and the developer shall pay to the Township the full amount of the consultant review fees then due and owing without deducting from the sum in dispute.
A. 
General requirements. The developer shall establish and fund an expense escrow account pursuant to § 178-26E above. The escrow funds are for reimbursement to the Township for consultant review fees and other associated cost and fees relating to the project. The escrow account shall comply with the provisions of the approved Township resolution. The escrow account shall be held in a non-interest-bearing account, in the name of, and be administered by, the Township for payment of all costs incurred by the Township and to be reimbursed by the developer pursuant to this chapter. The account shall be irrevocable, and the funds may not be withdrawn or reduced in amount by other than the Township.
B. 
Duty to replenish. At such time as the funds held in the expense escrow account are depleted by 80% of the original escrow amount prior to project closeout, the developer shall deposit into the expense escrow account additional funds as shall be determined by the Township, not to exceed the original escrow amount. Such funds shall be provided to the Township within 10 business days of the date of the Township's written request for same. Any failure of the Township to notify the developer of a deficiency in an escrow account or any failure to demand escrow account replenishment, shall not constitute a defense to, or waiver of, any claim by the Township to be reimbursed for review fees paid or incurred by the Township in connection with the review, observation, and comment on the developer's plan, and construction of the public improvements and common amenities contemplated by the developer's preliminary or final plan.
C. 
Failure to replenish escrow account. Failure by the developer to timely replenish an escrow account or to pay the Township's bill for consultant review fees shall constitute a violation of this chapter and in the sole discretion of the Township, result in the imposition of any or all of the preventive remedies provided under the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended; immediately issue a stop work order; and/or pursue any other remedy available in law and equity. In the event that the Township shall initiate suit to recover consultant review fees, the Township shall be entitled to claim and recover all costs, witness fees, and reasonable attorney fees relating to the prosecution of the claim.
D. 
Violation of developer's expense escrow account. Failure to comply with the developer's escrow account shall constitute a violation of this chapter. Any violation of this provision shall authorize the Township to pursue all remedies available under the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended; immediately issue a stop work order; and/or pursue any other remedy available in law and equity.
E. 
Return of escrow funds. Upon final project closeout, the expense escrow account shall be closed, and all remaining sums returned to the developer.
A. 
Required agreement. Where an approved or conditionally approved plan includes public improvements or common amenities, the developer shall enter into a written improvements agreement providing for construction standards, financial security, expense escrow funds, maintenance guarantees, insurance, indemnification and such other matters as the Township shall deem necessary to carry out the plan and the conditions of approval.
B. 
Insurance. The improvements agreement shall include, at a minimum, the following provisions related to insurance. Upon request, full copies of the insurance policy shall be provided to the Township. Failure to comply with this section shall constitute a violation of this chapter.
(1) 
Comprehensive commercial general liability insurance policy, including:
(a) 
Coverage for "premises operations" and "products and completed operations" coverage, all in the amount prescribed by the Township.
(b) 
An endorsement naming as additional insured Dickinson Township and its boards, commissions and authorities and their elected and appointed officers, officials, employees, professional consultants and agents for any and all claims arising out of or relating to the plan, or the conditions of approval of the plan, or any work performed by or on behalf of the developer in connection with the plan or conditions of approval of the plan.
(c) 
An endorsement making the policy primary over all other insurance polices issued to the Township, and an endorsement that it shall not be canceled unless 30 days' written notice is provided to the Township.
(d) 
An assignment of the policy to the specific project and full availability of the complete coverage and limits of the policy to the project.
(e) 
All parties executing the improvements agreement named as insured under the policy.
(2) 
Commercial motor vehicle insurance coverage.
(3) 
Workmen's compensation coverage, as required by law.
C. 
Indemnification. The developer shall indemnify, defend and hold harmless Dickinson Township and its boards, commissions and authorities (including the individual members thereof) and their elected and appointed officers, officials, employees, professional consultants and agents from demands, claims, suits, actions or judgments of and from all damages or expenses on account of personal injury, death or property damage arising out of or relating to the plan, or the conditions of approval of the plan, or any work performed by or on behalf of the developer in connection with the plan or conditions of approval of the plan.
D. 
Assignment of improvements agreement. The improvements agreement shall not be assigned without the prior written approval of the Township and under terms and conditions acceptable to the Township. No assignment shall relieve the assignor of its duties and obligations to the Township under the improvements agreement.
A. 
Requirement of financial security. Upon final plan approval by the Township Board of Supervisors and in lieu of completing the improvements of a plat prior to final plan approval, an improvements agreement shall be executed by the developer providing for financial security. Financial security shall be calculated and provided in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended, this chapter, conditions of plan approval, and applicable Township resolutions.
B. 
Forms of security. Unless otherwise permitted by the Township, financial security shall be in the form of an irrevocable letter of credit or cash escrow. Acceptable financial institutions shall include federal institution authorized to conduct such business within the commonwealth and maintaining an office in the greater Harrisburg area where claims against the security may be presented.
C. 
Amount of financial security. The financial security shall be in an amount equal to 110% of the cost of completion (which includes contingency allowances), estimated as of 90 days following the date scheduled completion. If conditional final plan approval by the Board of Supervisors has not been received and all conditions of final plan approval (if any) have not been fulfilled prior to the developer's submission of the financial security estimate, the Township may require a revision of the estimate to reflect changed conditions.
D. 
General construction schedule. The submission of a financial security estimate to the Township shall be accompanied by a general construction schedule, including the estimated dates of commencement and completion for the project. For projects with an anticipated duration greater than one year, the developer's engineer shall adjust the financial security estimate to reflect an increase of 10% per year for every year thereafter.
E. 
Posting of additional security. If the financial security estimate fails to adequately address or excludes any necessary items of the project because of oversight, because the need for the same was not anticipated by the engineers preparing or reviewing the plan and/or the cost estimates submitted pursuant thereto, or because of unanticipated field conditions, then the developer nevertheless shall be solely responsible for the installation, construction, erection and/or completion of the same and the cost thereof, and the Township, upon discovery that items of the project are not included in the engineering estimate or that the estimate is not properly calculated or is understated, may require the developer to post additional security in an amount adequate to address the deficiency as a condition precedent to proceeding with the development.
F. 
Adjustment of security. If a project is not completed by the one-year anniversary of the approval of the financial security estimate by the Township Engineer, or if the posting of financial security has not occurred within six months of the date of approval of the estimate by the Township Engineer's office, the Township Engineer's office shall annotate the improvements security release certification forms to reflect 110% of the cost for the completion of the remaining improvements estimated as of 90 days following the original date scheduled for completion or a rescheduled date of completion.
G. 
Term of security. The developer shall maintain security for a minimum of 90 calendar days after scheduled completion date of construction, unless a different date is established in the developer's agreement.
H. 
Approved claim form. As a condition of financial security, the developer shall provide the Township a sample claim form, acceptable to the financial institution, for use by the Township in making claims against the security.
I. 
Irrevocable security. The financial security shall be irrevocable during the term thereof, and automatically renewable unless 30 days' written notice is provided to the Township. The amount of security shall not be reduced, except pursuant to written and signed authority by an authorized Township official. Minutes of meetings of the Board of Supervisors or other Township authorities authorizing the reduction in financial security shall not constitute written authorization hereunder.
J. 
Assignment of security. The security shall not be assignable to other parties without prior written approval of the Township. A general assignment of the security is not a release of liability from the assignor.
K. 
Reduction of security. The Township shall reduce the amount of financial security in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended, and applicable Township resolutions.
A. 
Warranty on structural integrity and function. The developer warrants the structural integrity and function of all improvements to be conveyed or offered for dedication to the Township in accordance with the design and improvements agreement for an eighteen-month period following the date of acceptance of the conveyance or dedication. During the warranty period, the developer shall repair, restore, or replace all work determined by the Township to be defective.
B. 
Required maintenance guarantee. A maintenance guarantee shall be provided by the developer to secure its obligation to repair, restore, or replace defective work that effects the structural integrity and function of all required improvements that are offered for dedication or conveyance to the Township. The maintenance guarantee shall be submitted as a condition of the Township acceptance of the offer of dedication.
C. 
Duration of maintenance guarantee. The maintenance guarantee shall be in effect for a period of 18 months from the date of acceptance of dedication or sale to the Township.
D. 
Amount of security. Security for the maintenance guarantee shall be 15% of the actual cost of installation of the required improvements.
E. 
Type of security. Unless otherwise agreed to by the Township, the maintenance guarantee shall be the same form used to secure the construction of improvements.
F. 
Irrevocable maintenance guarantee. The maintenance guarantee shall be irrevocable and may not be withdrawn or reduced in amount without the consent of the Township.