A. 
Prior to the issuance of an earth disturbance permit, the Township Engineer may require the applicant to deposit with the Township financial security in an amount sufficient to cover the cost of grading, storm sewers, drainage and erosion control improvements, including but not limited to stormwater detention and/or retention basins and other stormwater management facilities.
B. 
The amount of financial security shall be equal to 110% of the cost of the approved grading and improvements plus reasonable inspection and legal fees, not to exceed 5% of the cost of the approved grading and improvements.
C. 
The cost of the grading and improvements shall be established by submission to the Township Engineer of a bona fide bid or bids from the contractor or contractors chosen by the applicant to complete the grading and improvements or, in the absence of such bona fide bids, the cost shall be established by the Township Engineer.
D. 
If the developer requires more than one year from the date of the 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.
E. 
As the work of grading and installation of improvements proceeds, the developer may request the Township Engineer to release, from time to time, such portions of the financial security necessary for payment to the contractors performing the work. Any such request shall be in writing and addressed to the Township Engineer. The Township Engineer shall have 45 days from receipt of such request to certify, in writing, that such portion of the work upon the grading or improvements has been completed in accordance with the approved plans.
F. 
Upon such certification, the Township Engineer 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.
G. 
The Township Engineer may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated costs of the aforesaid improvements. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the developer but shall certify his independent evaluation of the proper amount of partial release.
H. 
Where the Township accepts dedication of all or some of the required improvements following completion, whether such dedication is of the fee or of an easement, the developer shall post 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 approved plan. The financial security 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 cost of installation of the improvements dedicated.
A. 
No person shall engage in earthmoving or construction of stormwater management facilities sufficiently close to the property line to endanger any adjoining street, sidewalk, alley or other public or private property without supporting and protecting such street sidewalk, alley or other public or private property from settling, cracking, erosion or other damage which might result from such earthmoving or construction of stormwater management facilities.
B. 
If, in the opinion of the Township Engineer, the nature of the earthmoving or construction of stormwater management facilities is such as to create a hazard to life or property unless adequately safeguarded, the applicant shall construct such walls, fences, guardrails, erosion control devices or other structures to safeguard the street, sidewalk, alley or other public or private property and persons using such, as the Township Engineer may require.
A. 
The Township Engineer shall determine whether any of the proposed earthmoving or construction of stormwater management facilities may create a hazard to human life or adjoining properties, streets, street improvements, sidewalks or any other public property, including the erosion of materials onto the same.
B. 
If, in the opinion of the Township Engineer, the work may create such a hazard, he may require the applicant to file a certificate of insurance before the issuance of an earth disturbance permit. Such insurance shall be in an amount of not less than $25,000 per occurrence against claims for damages for personal injury and property damage which may arise from the performance of work covered by the earth disturbance permit. The amount of such insurance shall be prescribed by the Township based upon the risks involved, and the insurance shall be by a company licensed to do business in Pennsylvania.
C. 
Neither the issuance of an earth disturbance permit nor compliance with such permit shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor shall it impose any liability upon the Township for damages to persons or property.
A. 
Unless and until the permitted earth disturbance activity and stormwater management facilities have been completed and are accepted by the Township or other legal entity approved by the Township, the maintenance of said stormwater management facilities shall be the responsibility of the applicant.
B. 
Maintenance of all stormwater management facilities and watercourses affected by any development shall be the responsibility of the applicant to the point of open discharge from the site.
C. 
Whenever sedimentation is caused by an earth disturbance activity, it shall be the responsibility of the person causing such sedimentation to remove it from all affected surfaces, drainage systems and watercourses on- and off-site and to repair any damage at his expense as quickly as possible following a storm event.
D. 
Persons doing any earth disturbance on or across a watercourse, swale, floodplain or right-of-way shall return such areas to their original or equal condition after such activity is completed.
E. 
No person shall block, impede the flow of, alter, construct any structure, deposit any material or thing or perform any work which will affect normal or flood flow in any communal watercourse without having obtained prior approval from the Township and/or Pennsylvania Department of Environmental Protection, whichever is applicable.
F. 
Upon the issuance of an approved earth disturbance permit, unless maintenance responsibilities lie with the Township or a legal entity approved by the Township, the owner of any property on which an excavation or fill has been made shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, fences, landscaping and any other protective devices.
A. 
Where the Township Engineer has required the applicant to deposit financial security with the Township pursuant to § 172-29, the Township shall require the submission of an improvements agreement and deposit agreement.
B. 
Where the Township will be accepting dedication of stormwater management facilities or is a party to an easement, the Township shall require the submission of a deed of dedication or easement. Title thereto shall be clear title and be such as will be insurable by a reputable title insurance company of Pennsylvania at regular rates; all costs in connection therewith are to be borne by the applicant.
C. 
Where the maintenance of stormwater management facilities will be the responsibility of a person, the Township shall require the submission of a maintenance agreement in the form of a perpetual covenant or deed restriction.
D. 
Said improvements agreement, deposit agreement, deed of dedication or easement or maintenance agreement shall be in conformance with the approved earth disturbance permit and written in a manner and form approved by the Solicitor.
E. 
Said improvements agreement, deposit agreement, deed of dedication or easement or maintenance agreement shall be recorded by the applicant in the Office of the Recorder of Deeds of Montgomery County, and the Township Engineer shall be notified of the date of such recording and the book and page wherein such improvements agreement, deposit agreement, deed of dedication or easement or maintenance agreement is recorded prior to the initiation of any earth disturbance sanctioned by the earth disturbance permit.