A. 
Improvements required by the Township Supervisors may include streets, sanitary sewers, water supply systems, stormwater management controls, utilities or other such improvements necessary for development of a site.
B. 
Improvements shall be installed by the subdivider/developer prior to final plan approval or a suitable improvement agreement with satisfactory financial security shall be provided which shall ensure installation of the improvements by the subdivider/developer at the standards set forth in these regulations. The final plan shall not be approved until final detailed design of the improvements is approved and the improvements are installed and inspected and determined to have been constructed in accordance with the approved plans or until a suitable improvement agreement and financial guarantee for installation and maintenance of such improvements is provided.
Where an improvement agreement is to be utilized, such a document shall be a legally binding contract between the developer and the Township and shall at a minimum include the following assurances:
A. 
That development will occur as shown on the approved plot plans and that improvements will be installed in accordance with the plans, specifications and schedules approved by the Township Supervisors;
B. 
That the subdivider/developer will be responsible for bearing the cost of installation of all required improvements for the development and for meeting all terms of the plan's approval;
C. 
That satisfactory financial arrangements have been made to guarantee the installation, inspection and maintenance of all required improvements in accordance with the requirements set forth in §§ 211-38 and 211-41 below; and
D. 
That, where applicable, the developer has approval from and an executed developer's agreement with the Mahoning Township Authority for installation of public sewers and/or public water in the development.
A. 
In lieu of completion of any improvements required as a condition of final plan approval, the applicant shall file with the Township financial security as an improvement guarantee in the amount of 110% of the cost to install the improvements estimated as of 90 days after the date of scheduled completion of the improvements. The cost of the required improvements shall be established by a qualified professional engineer selected by the applicant and submitted to the Township Supervisors for approval. The Supervisors may choose to reject such estimate for good cause shown.
B. 
If the developer and the Township Supervisors are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by a qualified professional engineer chosen mutually by the Supervisors and the developer. The estimate certified by this engineer shall be presumed fair and reasonable and shall be the final estimate. In the event an engineer is so chosen, fees for the services of said engineer shall be paid equally by the Supervisors and the developer.
C. 
Should completion of the required improvements require more than one year, the Supervisors may increase the amount of financial security by an additional 10% for each one-year period beyond the first anniversary date of the posting of the original 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.
D. 
If a development is projected over a period of years, the Supervisors may authorize submission of plans by stages, which shall be subject to such requirements or guarantees as the Supervisors deem essential for the protection of any finally approved section of the development.
E. 
If sanitary sewer lines or water mains, or both, along with apparatus or facilities related thereto are to be installed under the jurisdiction and pursuant to the rules and regulations of the Mahoning Township Authority, or other public utility separate and distinct from the Township, financial security to assure proper construction, inspection and maintenance of such installations shall be posted in accordance with the regulations of the controlling authority or utility and shall not be included in the financial security as otherwise required by this section. Copies of any such arrangements shall, however, be provided to the Township as verification that appropriate security has been posted.
F. 
Further, the applicant shall not be required to provide financial security for any improvements for which financial security is required by and provided to the Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit.
A. 
During the process of construction of the required improvements, the subdivider/developer shall notify the Supervisors at least five working days prior to the initiation of each phase of the installation so that the Township can arrange for progress inspections. It shall, however, be the responsibility of the applicable authority or utility company to conduct and complete all inspections associated with the installation of sanitary sewer lines and/or public water supplies approved by such entities. The subdivider/developer shall coordinate all such inspections as well as arrangements for release from any improvement guarantee with the appropriate authority or utility.
B. 
As the work of installing the required improvements proceeds, the Supervisors may authorize the release to the subdivider/developer of such portions of the security necessary for payment to the contractor or contractors performing the installation of required improvements. Any request for the release of such portions of funds shall be in writing to the Supervisors, and the Board shall have 45 days from receipt of the request within which to authorize their engineer to inspect and certify, in writing, that the improvements to be covered by the funds have been completed satisfactorily. Upon such certification, the Supervisors shall authorize release, by the bonding company or lending institution, of the amount estimated by the engineer which fairly represents the value of the completed improvements. The Supervisors may, prior to final release at the time of completion and certification by their engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
C. 
Under certain conditions, the Supervisors may agree to other procedures for the release of portions of any posted financial security so long as the work has been done in accordance with the terms of plan approval.
D. 
When all necessary improvements have been completed, the subdivider/developer shall notify the Supervisors in writing, by certified or registered mail, of said completion and shall send a copy of said notification to the Township Engineer. The Supervisors shall, within 10 days after receipt of such notice, authorize an inspection by their engineer of the aforesaid improvements. A written report shall be filed by the engineer with the Supervisors and a copy mailed to the subdivider/developer by certified or registered mail within 30 days after receipt of the Supervisors' inspection authorization. Said report shall indicate approval or rejection of the completed improvements. If all or any portion of the improvements are rejected, the report shall include a statement of reasons for the rejection.
E. 
The Supervisors shall notify the subdivider/developer within 15 days of receipt of the engineer's report, in writing by certified or registered mail, of their action with respect to approval or rejection of the completed improvements.
F. 
If any portion of the completed improvements shall be found not satisfactory, the subdivider/developer shall proceed to correct or complete those improvements and upon completion shall notify the Supervisors by those procedures contained in this section.
G. 
Upon approval of the completed improvements, the Supervisors shall release to the subdivider/developer those funds remaining in the financial security deposit including all interest accrued thereunder. Prior to release of such funds, however, the subdivider/developer shall guarantee to the Supervisors, in writing, the functioning and structural integrity of the improvements for a period of 18 months from the date of acceptance of dedication. (See also § 211-41B below.) In addition, prior to release of the final portion of the financial security deposit, the subdivider/developer shall submit record drawings or as-builts to the Supervisors for all site improvements completed and certified as completed by the Township Engineer.
H. 
Should the Supervisors or their engineer fail to comply with the time limitations as provided, all improvements will be deemed to have been approved and the subdivider/developer shall be released from all liability pursuant to his performance bond or other improvement guarantee.
In the event that any improvements which may be required have not been installed as provided in this chapter or in accordance with the approved final plan, the Supervisors shall enforce any corporate bond or other security or performance guarantee by appropriate legal and equitable remedies. If 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 Supervisors may, at their 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 monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the subdivider/developer, or both, shall be used solely for the installation of the improvements covered by the security and not any other municipal purpose.
A. 
Upon completion of the required improvement(s), the subdivider/developer shall take the final steps to dedicate those improvement(s) he intends for public usage and have the same accepted by the Supervisors. A deed which dedicates the land and the improvements to the Township shall be recorded with the final plan or shall be recorded upon completion of the construction of such improvements and approval by the Township Engineer, as applicable. A copy of such deed shall also be submitted with the subdivision plan, where the construction of such improvements is completed, inspected and approved by the applicable engineer prior to final plan approval. In addition, the developer shall submit as built drawings to the Township for all improvements being dedicated to the municipality. Such action shall be taken prior to acceptance of the improvements by the Supervisors and before release of the improvement guarantee. Further, all streets proposed for dedication to the Township shall undergo at least one freeze/thaw cycle prior to being considered for acceptance by the municipality.
B. 
Where the Township accepts dedication of all or some of the required improvements, the Supervisors may require up to 15% of the actual cost of installation of said improvements for financial security to ensure the structural integrity of those improvements for a term not to exceed 18 months from the date of acceptance of dedication.
C. 
The Supervisors may approve a final plan without an offer of dedication for streets or other improvements, provided that such improvements are noted as private on the final plan. The subdivider/developer shall also be required to provide a notice in each deed, lease or conveyance setting forth an arrangement between the subdivider/developer and the buyer or lessee for maintenance of such private facilities.
D. 
Nothing herein shall, however, require the Township to accept dedication of any improvements which may be required by the municipality as a condition of subdivision or land development approval.