A. 
Before approving any subdivision or land development plan for recording, the Board of Supervisors shall require that the Township be assured (by means of a proper improvements agreement and performance guarantee) that the improvements required by this chapter and the improvements appearing on the plan will be installed in strict accordance with the standards and specifications of this chapter.
B. 
Purpose of bond. The bond and other surety agreements shall stand as security for compliance with all Township ordinances, other laws, covenants, stipulations, conditions and rules applicable to the subdivision for which it is filed.
C. 
No construction of buildings or paving or sales of any individual lot or condominium unit within a subdivision shall take place in any subdivision unless there is on file, with the Township, a current duly executed performance bond (and security escrow agreement if necessary), or unless all rough grading is complete and all required public improvements, utilities, streets, drainage facilities, sewers and streetlights have been completed and accepted by the Township Board of Supervisors.
D. 
If a developer chooses to install all required improvements prior to construction of any building, in place of using performance guarantees, the Township shall, as deemed necessary, require the developer to have adequate insurance, hold harmless agreements and an escrow account to cover the costs of inspections.
E. 
The developer shall provide a deed of dedication together with an "as-built" plan of each such improvements.
A. 
In all cases, the subdivider or land developer shall be responsible for the installation of all improvements required by this chapter.
B. 
Inspections.
(1) 
The Township Engineer or the Township's designee shall make such inspections of the required improvements at such intervals as may be reasonably necessary to assure compliance with this chapter.
(2) 
The reasonable costs of such inspection shall be borne by the subdivider or land developer, and held in an escrow account.
A. 
Improvements agreement required.
(1) 
All applicants proposing any subdivision or land development which provides for the installation of improvements required by this chapter or any improvements or amenities which appear on the plan shall be required to enter into a legally binding improvements agreement complete with performance guarantee with the Township prior to final plan approval.
(2) 
The improvements agreement shall guarantee the installation of said improvements in strict accordance with all Township requirements.
B. 
Terms of improvements agreement. The improvements agreement shall be in the manner and form approved by the Township Solicitor and it shall consist of the following terms, where applicable:
(1) 
Construction.
(a) 
The construction depicted upon the approved plans in itemized format.
(b) 
Construction of streets with related curbs, street signs, drainage facilities and related improvements.
(c) 
Installation of utility lines.
(2) 
Improvements.
(a) 
A work schedule setting forth the beginning and ending dates and such other details as the Township deems fit and appropriate for the improvements covered by the improvements agreement.
(b) 
An inspection schedule approved by the Township Engineer.
(3) 
Performance guarantee.
(a) 
The provision of a performance guarantee for completion of required improvements which complies with § 400-804.
(b) 
The estimated cost of the improvements, including a detailed breakdown in a form acceptable to the Board of Supervisors, and amount of the performance guarantee.
(c) 
All improvements subject to the improvements agreement shall be approved according to the approved inspection schedule and § 400-804.
(4) 
Developer's responsibilities for damage to other property.
(a) 
Developer shall secure or maintain public liability insurance for the duration of improvements construction. A copy (or other evidence of coverage) shall be submitted to the Township.
(b) 
A save harmless clause to protect the Township from liability.
(c) 
Prevention of erosion, sedimentation and water damage to the subject and adjacent properties.
(5) 
Dedication of streets, transfer of water and sewer lines and easements.
(6) 
After completion of all required improvements, the developer shall provide the Township with a set of reproducible completed improvement plans prepared by and certified by a professional engineer or landscape surveyor of all streets, storm and sanitary sewers, and water distribution facilities and street monuments and elevations.
(7) 
The developer shall be responsible for all reasonable engineering and legal costs and expenses for review, inspection, consultations and preparation of agreements.
(8) 
Provisions for violation of the improvements agreement.
(9) 
Any other lawful terms which the Board of Supervisors may require to carry out the provisions of this chapter.
(10) 
Signatures. The development agreement shall be signed by all landowners and/or developers.
C. 
Ownership of land and guarantee. A certificate of ownership in the form of Attachment 2[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 the affidavit given above, along with a performance bond and security agreements.
The performance guarantee for completion of required improvements shall meet the following requirements:
A. 
Security.
(1) 
The guarantee shall be secured by the credit of any of the following:
(a) 
An irrevocable and unconditional letter of credit of a Federal or State chartered lending institution.
(b) 
A restrictive or escrow account in a Federal or State chartered lending institution.
(c) 
Such other financial security approved by the Board of Supervisors (which approval shall not be unreasonably withheld).
(2) 
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 development schedule for the completion of such improvements.
(3) 
Such financial security shall be posted with a bonding company or Federally issued or State 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 State.
(4) 
The Board of Supervisors may require that evidence be provided that such institution or company has sufficiently adequate and secure assets to cover the security.
(5) 
The Township shall be an authorized signatory on any account in which the escrow funds are held and all escrow funds from sales of lots shall be paid directly to such fund, and a monthly statement shall be furnished to the Township.
B. 
Amount.
(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 Pennsylvania Municipalities Planning Code, as amended.
(2) 
The cost of the improvements shall be established by an estimate prepared by a Pennsylvania registered professional engineer (pursuant to the applicable revisions of the Pennsylvania Municipalities Planning Code, as amended).
(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 shall 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.
C. 
Multi-year or multi-stage development. In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plats 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.
A. 
In general. 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, of such portions of the financial security necessary for payment to the contractor(s) performing the work.
B. 
Notice of completion. When the developer has completed an improvement, the developer shall notify the Board of Supervisors in writing by certified or registered mail of such completion and request for release and shall send a copy thereof to the Township Engineer.
C. 
Engineer's report.
(1) 
Within 30 days of the receipt of such request, the Township Engineer shall submit a written report certifying which improvements have been completed in accordance with the approved plan to the Board of Supervisors.
(2) 
This report shall be based on the inspections made according to the approved inspection schedule included in the improvements agreement and shall recommend approval or rejection of the improvements, either in whole or in part.
(3) 
If the Engineer finds any or all of the improvements to be not as required, he shall include a statement of the reasons for recommending their rejection in the report.
D. 
Release of funds. See § 510 of the Pennsylvania Municipalities Planning Code, as amended.
E. 
Completion of unapproved improvements. The developer shall proceed to complete any improvements not approved by the Board of Supervisors and, upon completion, request approval in conformance with the procedures specified in § 400-805.
F. 
Final release.
(1) 
When the developer has completed all of the necessary and appropriate improvements, the developer shall request final release in conformance with the procedures specified in § 400-805. See time limitations and procedures in § 510 of the Pennsylvania Municipalities Planning Code.
(2) 
A maintenance agreement must be in place before final release.
G. 
Appeal. Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination of the Board of Supervisors or the Township Engineer.
A. 
Enforcement of security.
(1) 
In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plan, or in the event of the bankruptcy of the owner or developer, the Board of Supervisors is hereby granted the power to elect to enforce any corporate bond (or other security) by appropriate legal and equitable remedies.
(2) 
This may include taking all actions necessary to obtain moneys under said bond, including, but not limited to, seizure of undeveloped lots, confession of judgment, suit on the bond, seizure of escrow funds, revocation of building permits and prosecution under this chapter.
(3) 
Rate of construction. Failure of a developer to construct streets and other public improvements reasonably 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.
B. 
Completion by Township. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install 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 moneys necessary to complete the remainder of the improvements.
C. 
Proceeds for installation of improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose.
A. 
Maintenance agreement required.
(1) 
All applicants proposing any subdivision or land development which provides for the dedication of improvements required by this chapter or any improvements or amenities which appear on the plan shall be required to enter into a legally binding maintenance agreement with the Township prior to acceptance of dedication by the Township.
(2) 
The dedication of any improvement shall not be accepted by the Township prior to the execution of a maintenance agreement and the delivery of the maintenance guarantee.
B. 
Terms of maintenance agreement.
(1) 
The maintenance agreement shall be in the manner and form approved by the Township Solicitor.
(2) 
The maintenance agreement shall require the applicant to make any repair or reconstruction of any improvement stipulated in the maintenance agreement which is specified by the Board of Supervisors as necessary by reason of faulty construction, workmanship or materials prior to acceptance of such improvement by the Township.
(3) 
The maintenance agreement shall require the applicant to maintain, at his/her own cost, all improvements stipulated in the maintenance agreement. This period shall not exceed 18 months from the date of acceptance or dedication by the Township, except for any special purpose escrow or maintenance agreements required by the Township.
(4) 
The maintenance agreement shall 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 plat for a term not to exceed 18 months from the date of acceptance of dedication.
(5) 
Snowplowing. It shall be the responsibility of the developer to plow snow and maintain all streets until such time as the Township may accept such streets.
C. 
Public utilities and authorities. 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 Township, 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.
A. 
Security. The maintenance guarantee shall be secured by the credit of any of the following:
(1) 
An irrevocable and unconditional letter of credit of a Federal or State chartered lending institution;
(2) 
A restrictive or escrow account in a Federal or State chartered lending institution; or,
(3) 
Such other financial security approved by the Board Supervisors (which approval shall not be unreasonably withheld).
B. 
Terms. Such maintenance guarantee shall be in the form approved by the Township Solicitor and Board of Supervisors, payable to the Township, to guarantee the maintenance and repair of the streets and other public improvements in the subdivision for 18 months from the date of acceptance thereof by the Township. The applicant shall prove to the satisfaction of the Board of Supervisors that there will be an acceptable system for the long-term maintenance of any stormwater detention basins.
C. 
Amount. The amount of the maintenance guarantee shall be determined by the Township, but shall not exceed 15% of the actual cost of installation of such improvements.
D. 
Release. After the expiration of 18 months from the date of acceptance of said improvements, the Township shall release said maintenance guarantee to the developer (or party posting said maintenance guarantee) if all improvements are in satisfactory condition.