A. 
If any mandatory provisions of this chapter are shown by the applicant, to the satisfaction of the Board of Commissioners, to be unreasonable and to cause undue hardship as they apply to his proposed subdivision or land development, the Board of Commissioners may grant a variance to such applicant from such mandatory provisions, so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of this chapter.
B. 
It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore; hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must be from the application of this chapter; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.
C. 
In granting variances and modifications, the Board of Commissioners may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
The applicant for a subdivision or land development approval shall, at the time of making application, pay to the Township a fee in accordance with a fee schedule adopted by resolution of the Board of Commissioners upon the enactment of this chapter or as such schedule may be amended by resolution of the Board of Commissioners.
A. 
Improvements. Before approving any subdivision or land development plan for recording, the Board of Commissioners shall either require that the necessary grading, paving and other improvements as herein specified shall have been installed in strict accordance with the standards and specifications of the Township, or that the Board of Commissioners be assured by means of a proper contract and completion guarantee, as set forth in § 475-67B, hereof, that the improvements will subsequently be installed by the developer. Where the subdivision or land development plan has been approved and recorded, either after the specified improvements have been completed and approved by the Township, or if prior to completion upon proper completion guarantee as aforesaid, purchasers and mortgages of lots in the subdivision or land development, with or without buildings thereon or on any of them, shall be relieved of any and all liability for any deficiency in lack of or failure to complete the improvements above mentioned as set forth in said plan or required as a condition precedent to the approval of the plan of subdivision or land development and any failure to complete or properly complete said improvements shall not encumber any or all of the lots in the subdivision or land development.
B. 
Contracts. In all cases where the necessary grading, paving and other improvements required herein shall not have been installed in strict accordance with the standards and specifications of the Township prior to approval of the final plan, the developers shall enter into a written agreement with the Municipality in the manner and form approved by the Township Solicitor, wherein developer shall agree, to the extent applicable:
(1) 
To construct or cause to be constructed at his own expense all streets, street signs, curbs, sidewalks, street and buffer plantings, streetlights, fire hydrants, water mains, sanitary sewers (including capped sewers), storm sewers, drainage and erosion control improvements, and other improvements shown on said subdivision or land development plan, all in strict accordance with the standards and specifications of the Township and within the time specified in said agreement.
(2) 
To make adequate provisions with the Township Engineer for the inspection of the construction of the aforesaid improvements to assure strict compliance with the Township standards and specifications.
(3) 
To maintain, repair and replace at his own cost the said streets, street signs, curbs, sidewalks, street and buffer plantings, streetlights, fire hydrants, water mains, sanitary sewers (including capped sewers), storm sewers, drainage and erosion control improvements, and other improvements for the period of one year after completion of all required improvements. The date of completion shall be established by certificate of the Township Engineer.
(4) 
To pay all costs, charges or rates of the utility furnishing electric service for the streetlighting facilities installed by the developer until such time as the streets shown on the subdivision and/or land development plan shall have been accepted or condemned by the Township for public use, and to indemnify and save harmless the Township from and against all suits, actions, claims and demands for electric service as aforesaid, or any part thereof, to the time that said streets shall be accepted or condemned as public streets in the manner hereinabove set forth.
(5) 
To post contemporaneous with the execution of such agreement (in a form approved by the Township Solicitor) funds in an amount sufficient to cover the cost of the improvements as estimated by the Township Engineer and approved by the Board of Commissioners. These funds are to be held in escrow deposited in a bank approved by the Township and returned to the developer conditioned upon the following:
(a) 
The developer's proper completion of the improvements as set forth in § 475-67A of this article; and
(b) 
The developer's maintenance and repair of the same for the period of one year following acceptance of all required improvements; and
(c) 
To pay all costs for electric service as provided in § 475-67B(4) hereof.
(d) 
Any and all fees due the Township have been paid.
(6) 
To obtain the easements and releases required by this chapter.
(7) 
To reimburse the Township promptly for reasonable attorney's and engineer's inspection fees and fees for other professionals employed by the Township to review or process subdivision and land development plans.
C. 
The provisions of this section shall not relieve the developer from the penalties provided for in 53 P.S. § 10515.1 of the Pennsylvania Municipalities Planning Code for violations of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
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, and within the process for increases to cover inflation as permitted by the PA 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, which shall be reviewed by the Township Engineer, within the arbitration process permitted by the PA 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 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 5% of the estimated cost of completion of the work to guarantee payment of inspection fees and related engineering costs.
A. 
The Board of Commissioners and Township Planning Commission shall keep records of their findings, decisions, and recommendations relative to all subdivision plans filed with them for review or approval.
B. 
All records shall be public records.