In cases where a builder or developer or other person, hereinafter referred to as "developer," desires or is required to install collection sewers, laterals and building sewers to any housing unit within a housing development prior to its individual sale, he/she may do so upon meeting all conditions as set forth in this section and in other sections of this chapter.
A. 
The developer shall comply with the Upper Allen Township Standard Construction and Material Specifications for the Sanitary Sewer System, with the latest revisions.
B. 
All drawings or plans (the contract drawings) pertaining to the development project or housing unit must be submitted by the developer to the Township for review and approval prior to any construction. Sanitary sewer plans conforming to all current specifications established by the Township as to type of pipe, location of mains, size of pipe, grades and all necessary appurtenances will be prepared by a registered professional engineer and approval obtained from the necessary state agencies. The engineering review fees, charges for permits, reservation of capacity (ROC) fees, and tapping fees shall be paid by the builder or developer. In no case will lesser standards than exist in the sewer system and as outlined in this chapter be permitted for any future extensions. Upon approval of such plans by the Township, the extensions may be constructed by and at the expense of the builder or developer, but only under the inspection of a representative designated by the Township or its Engineer. The cost of such inspection, including salaries and expenses, shall be borne by the builder or developer making the extensions.
C. 
The applicant must furnish the Township with a copy of agreements with other utilities, highways, or railways when crossing and occupying their easements with new sanitary sewer facilities.
D. 
Before construction has commenced, the applicant shall enter into a sewer extension agreement with the Township. Said sewer extension agreement shall require the applicant to establish an escrow account with the Township by providing a deposit of $1,000 (or such other amount as required by the Township) to pay for engineering review and legal fees, provide plats and legal descriptions for sanitary sewers to be located outside of the public rights-of-way (including streets that have not been dedicated to the Township), provide the estimated construction costs for sanitary sewer improvements, furnish the required supplemental escrow amount for inspection and related costs, and post the appropriate installation financial security for the sanitary sewers.
E. 
Installation financial security to be posted with the Township shall be in an amount equal to 110% of the estimated construction costs, as approved by the Township, to insure payment of all obligations relating to the proposed installation, including the estimated construction costs and the estimated amount to be paid to the Township for the cost of replacing or repairing any part of the extension that has not been constructed in a manner satisfactory to the Township. The applicant may also, in lieu of a performance and payment bond, provide a letter of credit to the Township in the amount as determined above, provided the letter of credit is satisfactory to and in a form approved by the Township. The property owner or developer shall assume all costs associated with the posting and release of financial security.
F. 
As construction of a sewer extension progresses, the developer may request, in writing, a reduction in the financial security. The developer must furnish the value of the work completed and the estimated value of work remaining and submit these costs to the Township for consideration and approval. Upon approval by the Township, new financial security shall be provided to the Township in the amount of 110% of remaining work plus 10% of completed work. The sanitary sewer installation financial security shall not be released in its entirety until the improvements are completed in accordance with the Township's Standard Construction and Material Specifications for the Sanitary Sewer System and to the satisfaction of the Township. Final testing and inspection shall not commence until base course paving has been completed or, as a minimum, base course material has been properly installed around all manholes in paved areas.
G. 
Upon completion, inspection and testing of the sanitary sewer extension to the satisfaction of the Township, the developer shall cause to be prepared, and shall deliver for review and approval, record drawings, final plats and legal descriptions, a deed of dedication transferring ownership of the sanitary sewer extension to the Township and a deed of easement conveying limited rights of access to sanitary sewers located on non-Township-owned property or outside of Township rights-of-way. Upon acceptance of said documents by the Township, including receipt of an executed deed of dedication and deed of easement from the developer, and recording of the deed of dedication and the deed of easement by the developer at the Cumberland County Office of the Recorder of Deeds, the Township will release the developer from all obligations to the Township with respect to the extension, except that the developer shall guarantee the extension installation, including materials and workmanship, for a period of 18 months from the date of recording of the executed deed of dedication and deed of easement.
H. 
The Upper Allen Township Standard Construction and Material Specifications for the Sanitary Sewer System requires the use of aggregate backfill material for backfilling trenches in paved areas to be dedicated to the Township. Additionally, provisions are included in the specifications that allow the use of approved on-site native backfill material in said areas, provided that it is understood and agreed upon by the developer that the Township shall retain installation financial security in the amount of 15% of the actual cost to install the improvements for an additional period of 3 1/2 years from the date of receipt of the above documents and shall not accept dedication of the improvements until that time. After said period of 3 1/2 years, the Township may accept dedication of the improvements and release the installation financial security, provided the developer causes to be recorded the executed deed of dedication and deed of easement and delivers to the Township a maintenance guarantee in the amount of 15% of the actual cost to install the improvements for a period of 18 months following the additional three-and-one-half-year installation maintenance security. The same requirements shall apply to work that is completed within PennDOT rights-of-way.
I. 
The financial security shall assure completion of all improvements, which are intended to be dedicated to the Township. The acceptance of this financial security shall in no way bind the Township to complete these improvements. Where improvements are not completed in compliance with the Township's Standard Construction and Material Specifications for the Sanitary Sewer System and/or the development plan, the Township shall pursue completion of the improvements and enforcement of the financial security.
J. 
Upon approval of the above and after satisfactory completion of sanitary sewer and manhole inspection and acceptance tests, the Township will issue permits allowing building sewer connections to be made to the new sanitary sewer laterals and sewer system. Thereafter, the Engineer will recommend closing out the developer's escrow account and returning any balance remaining to the developer.
K. 
The letter of credit shall contain an "Evergreen" clause which shall cause the installation financial security letter of credit to automatically renew for an additional one-year period if the issuing financial institution does not request its release in writing at least 60 days prior to its expiration date. Provisions shall be included to continually renew the letter of credit until the work is complete. It is the responsibility of the developer to inform the issuing financial institution of this requirement within the prescribed time frame.