A. 
The applicant shall agree, in writing, to construct all streets, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas and erosion and sediment control measures in conformance with the final plan, as approved, the applicable provisions of the Pennsylvania Department of Transportation Specifications, Form 408, or the latest revision thereto, and other applicable regulations.
B. 
Off-site improvements. Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. The Solicitor shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s). The subdivider or developer shall be required to cover costs which may be incurred by the Township or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in § 123-58.
C. 
Before any plat shall be finally approved for recording or any building permit shall be issued, the developer shall complete all required improvements or provide a performance guaranty in accordance with § 123-58.
A. 
Required security. The applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements, including both public and private improvements, and common amenities, including but not limited to streets, walkways, curbs, gutters, streetlights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in Subsection F below, water mains and other water supply facilities, fire hydrants and sanitary sewage disposal facilities.
B. 
Type of security. Financial security required herein shall be in the form of a federal or commonwealth chartered lending institution's irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company or such other type of financial security which the Township may, in its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security, provided that said bonding company or lending institution is authorized to conduct business within the commonwealth and stipulates that it will submit to Pennsylvania jurisdiction and Montgomery County venue in the event of legal action.
C. 
Purpose. Said financial security shall provide for and secure to the public the completion of all subdivision improvements for which such security is being posted on or before the completion date fixed in the formal action of approval or development agreement.
[Amended 8-10-1992 by Ord. No. 384]
D. 
When requested by the applicant, the Board of Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining a satisfactory financial security. The final plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution 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 extension is granted by the Board of Supervisors.
[Added 8-10-1992 by Ord. No. 384[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections D, E, F, G and H, as Subsections E, F, G, H and I, respectively.
E. 
Amount.
[Amended 8-10-1992 by Ord. No. 384]
(1) 
The amount of the financial security shall be equal to 110% of the cost of completion of improvements, estimated as of 90 days following the date set for completion by the developer.
(2) 
The amount of the financial security shall be based on an estimate of the cost of completion of the required improvements, prepared by a licensed professional engineer and submitted by the applicant.
(3) 
If the party posting the financial security requires more than one year from the date of posting 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 of the posting date or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished when the preceding one-year period expires, using the above estimating procedure.
F. 
Development in stages. In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stage of development, subject to such requirements or guaranties as to improvements in the future sections or stages of development as it finds essential for the protection of any finally approved section of the development and consistent with the terms of Section 508(4) of Act 247.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4).
G. 
Water and sewer. 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.
H. 
Partial release of performance guaranty. 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 to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing, addressed to the Board of Supervisors, and the Board shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant but shall certify to the Board his independent evaluation of the proper amount of partial releases. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements as per § 123-59D of this Part 1.
I. 
Incomplete improvements. If the required improvements are not completely installed within the period fixed or extended by the Township Board of Supervisors, the Board of Supervisors shall declare the financial security in default to collect the amount payable thereunder. Upon receipt of such amount, the Township shall install such improvements as were covered by the security and are commensurate with the extent of building development which has taken place in the subdivision or land development, not exceeding in cost, however, the amount collected upon the security. Strict compliance with procedures established by Section 511 of Act 247,[3] the Municipalities Planning Code, shall be followed.
[3]
Editor's Note: See 53 P.S. § 10511.
A. 
Release in full. When the developer has completed all of the necessary and appropriate improvements, he shall notify the Board, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Board and shall promptly mail a copy of the same to the developer by certified mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer or the aforesaid authorization from the Board. Said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part. If said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B. 
Notification. The Board shall notify the developer, in writing, by certified mail, of the action of the Board with regard to approval, nonapproval or rejection of improvements.
C. 
Rejection of improvements. If any portion of said improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete those improvements, and, upon completion, the same procedure of notification as outlined herein shall be followed.
D. 
Maintenance of improvements. The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Township. In addition, 10% of the performance guaranty shall be held back by the Township until the developer has posted a maintenance guaranty as provided for in § 123-63 and as-built plans are verified and accepted by the Township.
E. 
Partial release. Partial release of the performance guaranty during the period of construction shall be authorized as per § 123-58G.
A. 
The construction or installation of all improvements shall at all times be subject to inspection by representatives of the Township. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner or that erosion or sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction, said representative is empowered to require corrections to be made and/or the suspension of subdivision approval and to issue a cease and desist order which may include any or all of the following sanctions:
(1) 
That no lot in the subdivision shall be conveyed or placed under agreement of sale.
(2) 
That all construction on any lots for which a building permit has been issued shall cease; and/or
(3) 
That no further building permits for any lots shall be issued.
B. 
Said cease and desist order shall be terminated upon determination by the Township that said defects or deviations from plan requirements have been corrected.
C. 
No underground pipes, structures, subgrades or base course shall be covered until inspected and approved by the Township. Inspections shall be effected in accordance with Subsection A above.
D. 
Notice. The developer shall notify the designated representative of the Township, usually the Township Engineer, at least 24 hours in advance of completion of any construction operations requiring an inspection.
[Amended 9-21-2006 by Ord. No. 555]
Within 30 days after completion and Township approval of subdivision or land development improvements as shown on final plans and before Township acceptance of such improvements, the developer shall submit to the Board a corrected copy of said plans, showing actual dimensions and conditions of streets and all other public and private improvements, including final individual grading and stormwater controls, including best management practices for all lots within a subdivision, certified by a professional engineer to be in accordance with actual construction.
A. 
Upon completion of any public improvements shown on an approved subdivision plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit a written offer of such public improvements for dedication to the Township. Said offer shall include a deed of dedication covering said public improvements, together with satisfactory proof establishing the developer's clear title to said property. Such documents are to be filed with the Township Secretary for review by the Township Solicitor. Deeds of dedication for public improvements may be accepted by resolution of the Board at a regular meeting thereof. The Supervisors may require that at least 50% of the lots in any approved subdivision or land development or phase thereof, if final plan approval has been in phases, have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the streets, even though constructed according to the specifications of this Part 1, deteriorate before said 50% of the lots have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to the Board before being accepted by the Township.
B. 
The Board may require that certain subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a homeowners' association or similar entity or an organization capable of carrying out maintenance responsibilities.
A. 
Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, whether such dedication is of the fee or of an easement, the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guaranty, as described in § 123-58 hereof, shall be for a term of 18 months from the date of the acceptance of dedication and shall be in an amount equal to 15% of the actual costs of installation of the improvements so dedicated.
B. 
Where maintenance of stormwater retention facilities or private streets is to be the responsibility of individual lot owners, a homeowners' association or similar entity or an organization capable of carrying out maintenance responsibilities, the Board shall require that maintenance responsibilities set forth in perpetual covenants or deed restrictions be binding on the landowner's successors in interest and may further require that an initial maintenance fund be established in a reasonable manner.