No plan shall be granted final approval until
the applicant either:
A. Installs all required improvements in accordance with
the terms of approval and the applicable design standards of said
improvements.
B. Posts a form of financial security, acceptable to
the Board of Supervisors, which shall be of sufficient amount to fully
cover the costs of all required improvements in accordance with the
terms of approval and the applicable design standards of said improvements.
The Board of Supervisors shall retain sole discretion in all matters
and decisions related to the acceptance and/or approval of the posting
of any financial security.
When an applicant proposes to provide a financial
security, said financial security shall be submitted to the Board
of Supervisors and its Solicitor for review not less than 14 days
prior to the public meeting of the Board of Supervisors at which the
acceptance and/or approval of proposed financial security will be
considered by the Board of Supervisors.
The amount of financial security to be posted
for the completion of required improvements shall be equal to 110%
of the cost of completion, estimated as of 90 days following the scheduled
completion date. The amount of the required financial security shall
be based upon a written estimated cost of completion of required improvements,
submitted by the developer or applicant, and prepared by a professional
engineer, licensed as such by the commonwealth. Said engineer shall
certify, in writing, that his estimated cost for the completion of
the required improvements is a fair and reasonable estimate. The Board
of Supervisors, upon the recommendation of the Township Engineer,
may for good cause shown refuse to accept the developer's estimated
cost. In cases where the Township and the developer or applicant are
unable to agree on an estimate, then the estimate shall be recalculated
and recertified by another licensed professional engineer mutually
accepted by the Township and the developer or applicant. The estimate
certified by the third-party engineer, being presumed fair and reasonable,
shall be deemed the final estimate. In the event that the third-party
engineer is chosen, the cost of his services shall be paid equally
by the Township and the developer or applicant.
In the case where development is projected over
a period of years, the Board of Supervisors may authorize the submission
of final plans by sections or phases of development, subject to such
requirements or guarantees as to improvements in future sections or
phases of development as it finds essential for the protection of
any finally approved section of the development.
The applicant and/or developer shall provide
the Township and the Township Engineer with not less than a seventy-two-hour
notice prior to the commencement of work at the site.
The Township Engineer shall make periodic inspections
to the site during the construction of improvements to ensure the
work is in conformance with the approved plans. The Township Engineer
shall promptly provide the Board of Supervisors with a written report
after any such inspection.
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. A copy of any such executed financial security shall be provided
to the Board of Supervisors not less than 14 days prior to its next
regularly scheduled meeting at which the final plan shall be considered.
If any portion of said improvements shall not be approved or shall be rejected by the Board of Supervisors, the applicant shall proceed to complete same and, upon completion, the same procedure of notification as outlined in §
210-60 shall be followed.
Nothing herein, however, shall be construed
in limitation of the applicant's right to contest or question by legal
proceedings or otherwise any determination of the Board of Supervisors
or Township Engineer.