A. 
The applicant shall construct all improvements, including road 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.
B. 
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 guarantee in accordance with § 240-48.
[Amended 4-2-1992 by Ord. No. 92-1]
In lieu of the completion of any improvements required as a condition for final plan approval, financial security in an amount sufficient to cover the costs of any improvements or common amenities shall be provided to the Township.
A. 
Type of security.
(1) 
Without limitation as to the type of financial security which the Township may approve, which approval shall not be unreasonably withheld, irrevocable letters of credit from a Federal Commonwealth chartered lending institution and/or restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section. The developer shall be required to execute such escrow agreement prepared by the Township Solicitor.
(2) 
Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the developer, builder or subdivider posting the financial security, provided said bonding company or lending institution is authorized to conduct business within the commonwealth.
B. 
Amount. The amount of the financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted.
C. 
Determination of improvement costs. The cost estimate of public improvements is to be determined by a professional engineer retained by the developer, subject to review and approval of the Township Engineer. Any dispute of the cost estimate shall be addressed pursuant to the procedure contained in § 509 of the Pennsylvania Municipalities Planning Code.
D. 
Time limit. Such financial security shall provide for, and secure to the public, the completion of all subdivision improvements for which such security is being posted within one year of the date fixed in the subdivision agreement for completion of such improvements.
E. 
Delayed completion. If the subdivider, developer or builder 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 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 proceeding one-year period by using the above bidding procedure.
F. 
Development in stages. In the case where development is protected 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.
G. 
Water and sewer facilities. If water mains or sanitary sewer lines, or both, along with apparatus of 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 Upper Frederick 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. 
Partial release. 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, such portions of the financial security necessary for payment to the contractor(s) performing the work. Any such request shall be in writing addressed to the Upper Frederick Township Board of Supervisors and subject to the provisions for release as established in § 509, the Pennsylvania Municipalities Code.
B. 
Release in full. The portion of the financial security unencumbered by the post-completion security of § 240-49D shall be released only upon completion installation of the required improvements in accordance with the approved improvement construction plan. Strict compliance with procedures established by § 510 of Act 247, the Pennsylvania Municipalities Planning Code, shall be followed with respect to the release of financial security posted by the subdivider, owner, developer or builder. If the Upper Frederick Township Board of Supervisors fails to comply with the time limitations of § 510 of Act 247, all improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to the financial security.
C. 
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 § 511 of Act 247, the Municipalities Planning Code, shall be followed.
D. 
Post-completion security. The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and accepted by the Township, and 10% of the performance guarantee shall be held back until a maintenance guarantee as provided for in § 240-53C has been posted.
A. 
Notice. The Township Engineer shall be notified 48 hours in advance of the commencement of any construction or installation operation, in order that provision may be made for inspection by the Township. Construction and installation operations shall also be subject to inspection by the Township officials during the progress of the work. The subdivider, developer or builder shall pay for all inspections.
B. 
Improvement specifications. All required road improvements shall be constructed in accordance with the applicable provisions of the Pennsylvania Department of Transportation, Form 408, dated 1976, including the latest revisions and other applicable regulations. All other required improvements shall be constructed in accordance with approved specification.
(1) 
Specifications. The specifications will be furnished to the applicant by Upper Frederick Township. If any of the specifications are unavailable at the Township building, the Township Engineer shall provide the applicable specifications.
(2) 
Sample of materials. During or after construction of required improvement, should the Township require a sample of materials, said sample shall be furnished by the appropriate contractor, in a form specified by the Township Engineer.
(3) 
Delivery slips. Copies of all delivery slips for materials used in the construction of any storm sewers, sanitary sewers, roads, curbs, sidewalks or any other facility within a Township right-of-way or easement shall be supplied to the Township.
[Amended 4-2-1992 by Ord. No. 92-1]
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 by the Board of Supervisors to be constructed by the developer 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. All such improvements or contributions toward said improvements shall be considered solely voluntary contributions by the developer and nonrefundable. The subdivider or developer may 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 off-site improvements shall be the same as those prescribed in § 240-48.