Article V Administration

The Board of Commissioners shall authorize an application and escrow fee schedule by resolution for the purpose of listing the required application fee for each plan submission type defined by this chapter.

An application for subdivision or land development shall be deemed by the receiving official to be incomplete, and no reviewing action shall take place unless all required fees are paid by the applicant or his/her agent to the Township of Abington at the time of plan submission.

The applicant or his/her agent shall be required to submit to the receiving official at the time of plan submission a check drawn to the Montgomery County Treasurer in the amount sufficient to cover the established review costs by the Montgomery County Planning Commission.

The applicant or his/her agent shall be required to submit additional fees, together with application materials, for plan reviews and permits to any additional governmental agencies or authorities required by the Township Engineer or Zoning Official for the complete review of the subdivision or land development application, as described in this chapter.

Escrow fees.

The Board of Commissioners shall establish a fee schedule by resolution for the purpose of listing the required escrow review fee for each plan submission type defined by this chapter and to guarantee payment of costs and expenses incurred by the township in the review and consideration of an application for subdivision or land development.

An application for subdivision or land development shall be deemed by the receiving official to be incomplete and no reviewing action shall take place unless all established escrow review fees are paid by the applicant or his/her agent to the Township of Abington at the time of plan submission.

The township official receiving the escrow fund money shall, by copy of the plan application form and transfer of check, promptly advise the Township Accounting Department to establish such accounts, specific to the application submitted.

The applicant or his/her agent shall, upon demand by the designated township official, reimburse the township from such escrow for the reasonable and necessary professional expenses incurred by the township in the review and approval process of the application and plan submitted pursuant to this chapter. Such expenses shall include, but not be limited to:

Fees for the services of the Township Engineer related to the review and consideration of the plan.

Fees for the services of the Township Solicitor related to the review and decision process of the application.

Advertising costs incurred through the review and decision process.

The cost for engineering and traffic surveys, professional certifications and other services deemed necessary by the Board of Commissioners in reviewing the plan, including the services of a professional planner.

Recording fees (if any are incurred by the township).

(f)

Administrative charges of 15% of the total costs incurred above.

The escrow fund shall, upon demand by the designated township official, be replenished by the applicant or his/her agent when it has been drawn to within 10% of its initial amount and a decision has not been rendered on the plan by the Board of Commissioners or upon submission of any revised subdivision or land development plan.

Refund of fees.

If an application is disapproved by the governing body, no refund of the application fee shall be provided. Any unused portion of the escrow deposit money, together with accumulated interest, shall be returned to the applicant by the designated township official within 45 days of the applicant's receipt of disapproval, along with an accounting of expenses incurred in the review process.

If an application is approved by the governing body, any unused portion of the escrow deposit money, together with accumulated interest, may be returned to the applicant by the designated township official within 45 days of the recording of the plan, provided that the applicant submits a written request to the township for the return of escrow funds. The applicant shall be entitled to an accounting of expenses incurred in the review of the application from the designated township official. In the event that such a written request is not received, the township shall continue to hold any balance remaining in the escrow account for application toward anticipated inspection services.

Inspection fees.

The Board of Commissioners shall establish an inspection fee schedule by resolution for the purpose of listing the required inspection escrow fees to be applied toward inspection of the required public improvements.

Such escrow money shall be collected by the Township Engineer prior to the recording of an approved final plan for subdivision or land development, the posting of required improvement surety by the applicant and the issuance of a construction permit. Where applicable, credit toward these fees shall be provided to the applicant for any money remaining in the review escrow established during plan review.

The applicant or his/her agent shall, upon demand by the Township Engineer and approval of the Board of Commissioners, reimburse the township from such escrow for the expenses incurred by it in the inspection of the construction and acceptance of improvements set forth within the recorded plan. Such expenses shall include, but not be limited to:

Township Engineer inspection services.

Consulting engineering services.

The actual costs of all drainage, sewage, soil, water and other material testing services.

Legal fees, advertising fees, recording fees and other costs involved with the acceptance and dedication of streets, easements, utilities and other public improvements to the township.

Administrative fees of 15%.

When the public improvements are accepted by the Board of Commissioners, any unused portion of the escrow inspection money, together with accumulated interest, shall be returned to the applicant by the designated township official within 45 days of the release of the maintenance bond. The applicant shall be entitled to an accounting of the inspection expenses incurred during construction and acceptance of the public improvements. The application fee is not refundable.

Dispute of fee.

In the event that the applicant or subdivider/developer disputes the amount of any escrow review fee or any engineering escrow inspection fee, he/she shall, within 10 working days of the billing date or date of notice of withdrawal by the township from his/her designated escrow fund, notify the Township Manager that such expenses are disputed as unreasonable and unnecessary. In such event, the township shall not delay or disapprove a subdivision or land development application or any approval or permit related to the development due to the applicant's or subdivider/developer's request over disputed fees.

The process of disputed fees shall be resolved by the Township Manager in the following manner:

Appointment of engineer. If, within 20 days from the date of billing or the date of withdrawal notice, the township and the applicant or subdivider/developer cannot agree on the amount of expenses which are reasonable and necessary, then he/she and the township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review said fees and make a determination as to the amount thereof which is reasonable and necessary.

Decision of appointed engineer. The professional engineer so appointed shall hear such evidence and review such documentation as he, in his/her sole opinion, deems necessary and shall render a decision within 50 days of the billing or withdrawal date. The party requesting the resolution of disputed fees shall be required to pay the entire amount determined in this decision immediately.

Appointment by Judge. In the event that the township and the applicant or subdivider/developer cannot agree upon the professional engineer to be appointed within 20 days of the billing or withdrawal date, then, upon application of either party, the President Judge of the Court of Common Pleas shall appoint such engineer who, in that case, shall be neither the Township Engineer nor any professional engineer who has been retained by or has performed services for the Township of Abington or the applicant/subdivider/developer within the preceding five-year period.

Payment of engineer's fee. The fee of the appointed professional engineer for determining the reasonable and necessary fees shall be paid by the party requesting the resolution of disputed fees if the amount of payment required in the decision is equal to or greater than the original bill amount. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the township shall pay the fee of the professional engineer, but otherwise the township and the party requesting the resolution of disputed fees shall each pay 1/2 of the fee of the appointed professional engineer.

§ 146-16 Plat approval.

Preliminary plan.

The Board of Commissioners shall approve a preliminary plan of subdivision or land development, provided that:

The procedures for plan review as provided for within this chapter have been properly executed.

Any variances, waivers or special exceptions from the Township Zoning Ordinance have first been granted by the Abington Township Zoning Hearing Board.

Any special plan reviews required by outside governmental agencies have been performed to the satisfaction of the Board of Commissioners or evidence to substantiate that they are satisfactorily being conducted is demonstrated by the applicant.

The proposed subdivision or land development conforms to the requirements of this chapter and all other applicable codes of Abington Township to the satisfaction of the Board of Commissioners.

The proposed subdivision or land development is consistent with the Comprehensive Plan as set forth by the Board of Commissioners and preserves the health, safety and welfare of the Township of Abington.

Phasing of developments. Where, owing to special conditions, a literal enforcement of the requirements of this chapter upon an entire subdivision or land development would result in an unnecessary hardship on the applicant or subdivider/developer, the Board of Commissioners may authorize phased development as a condition of preliminary plan approval, provided that:

The preliminary plan shall indicate the entire subdivision or land development with the different phases delineated on it.

A final plan shall be submitted for each phase shown on the preliminary plan, in accordance with all provisions of this chapter.

Final plan approval.

The Board of Commissioners shall approve a final plan of subdivision or land development, provided that all of the protections and safeguards expressed for the approval of preliminary plans are upheld.

Where applicable, the final plan must be based upon the approved preliminary plan and any conditions expressed with that approval. No plan shall be approved which, in the opinion of the Board of Commissioners, deviates substantially from an approved preliminary plan, including but not limited to changes in elements of density, street configuration, layout and characteristic of lot lines, open space, construction or use.

No plat for which public water is proposed shall be finally approved until it has been established through written documentation that service and capacity is available in the system being considered for use.

No plat for which sewage disposal by means of a public sewer system is proposed shall be approved until it has been established through written documentation that service and capacity is available in the sewerage system being considered. Further, the proposed sewage treatment must be consistent with the adopted Act 537 Plan for Abington Township or until appropriate revisions to the Act 537 Plan are implemented.

No plat for which on-site sewage disposal is proposed shall be finally approved until a signed statement by the authorized sewage enforcement office for the township has been received indicating that such proposed lots are capable of providing on-site treatment.

(6)

Improvements.

No plat shall be finally approved unless the construction permit and escrow fees have been applied for as required by this chapter and until the streets shown on the plat have been improved as required by this chapter and that any alleys, off-street parking areas, walkways, curbs, gutters, streetlights, street signs, fire hydrants, shade trees, water mains, sanitary sewers, storm sewer system and drains, grading, easement areas, open space and other public improvements as may be proposed under the plan or established as conditions of plan approval have been installed in accordance with the provisions of this chapter and inspected and approved by the Township Engineer.

§ 146-17 Improvement and completion guaranties.

Exception. In lieu of the completion of all required improvements, the Board of Commissioners shall accept proper completion guaranty in the form of, but not limited to, an irrevocable letter of credit from a federal- or commonwealth-chartered lending institution or restrictive escrow accounts with such institutions, on the assurance that all of the required improvements will be subsequently installed.

(7)

No final plan shall be considered fully approved by the Board of Commissioners unless all prerequisites and requirements for recording the plan have been fully executed by the applicant and the township.

(8)

When deemed necessary by the Board of Commissioners, because of the unique characteristics of the final plan and the nature of the public improvements proposed, the township may require that the subdivider/developer enter into a development improvement agreement with the township as a condition of final approval.

Improvements required.

No plat shall be finally approved unless the streets shown on the plat have been improved as required by this chapter and any alleys, off-street parking areas, walkways, curbs, gutters, streetlights, street signs, fire hydrants, shade trees, water mains, sanitary sewers, storm sewer systems and drains, grading, easement areas, open space and other public improvements as may be proposed under the plan, or established as conditions of plan approval, have been installed in accordance with the provisions of this chapter and inspected and approved by the Township Engineer.

Exception. In lieu of the completion of all required improvements, the Board of Commissioners shall accept proper completion guaranty when requested to do so by the developer.

Completion guaranty.

Applicability.

When requested by the developer in order to facilitate financing, the Board of Commissioners shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security.

The final plat or record plan shall not be signed or recorded until the financial improvement agreement is executed.

The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Board of Commissioners. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer within 15 days following the decision by the Board of Commissioners.

Financial security.

Type. Financial security required by the completion guaranty shall include, but is not limited to, the following types:

Irrevocable letter of credit.

Restrictive escrow accounts.

Performance bond.

Conditions.

Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the party posting the financial security.

Such financial security shall secure to the public the completion of any improvements which may be required within one year of the date fixed in the subdivision plat for completion of such improvements on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.

Amount.

The cost of the improvements shall be established by submission to the Board of Commissioners of bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements, or, in the absence of such bona fide bids, the costs shall be established by estimate prepared by the Township Engineer.

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or the developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost.

The Board of Commissioners, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. The procedure in event of dispute shall be as follows:

[a]

If the applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the municipality and the applicant or developer.

[b]

The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate.

[c]

In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the municipality and the applicant or developer.

The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion, estimated as of 90 days following the date scheduled for completion by the developer.

Adjustment.

Annually, the municipality may adjust the amount of financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion.

Subsequent to said adjustment, the municipality may require the developer to post additional security in order to assure that the financial security equals the stated 110%.

Any additional security required shall be posted by the developer in accordance with the provisions of this chapter.

If the party posting the financial security 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 preceding one-year period by using the above referenced bidding procedure.

Reduction of completion guaranty.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Commissioners to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work.

Any such requests shall be in writing addressed to the Board of Commissioners, and it shall have 45 days from the receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Commissioners that such portion of the work upon the improvements has been completed in accordance with the approved plat.

Upon such certification, the Board of Commissioners 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.

§ 146-18 Effect of final plan approval.

Exception of township control. 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 regulation of a public utility or municipal authority separate and distinct for the municipality, 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.

After a subdivision or land development plan has been approved and duly recorded, streets, public open space and all other public improvements shown thereon shall be considered a part of the Official Map of Abington Township, without the need for a public hearing.

Streets, public open space and other public improvements shown on the recorded final plan may be offered for dedication to the township by formal notation on the plan, or the owner may note on the plan that such improvements have not been offered for dedication to the township.

Every street, public open space and other public improvement shown on a subdivision or land development plan that is approved and recorded as provided herein shall be deemed to be private streets, open space and improvements until such time as the same has been offered for dedication to the Township of Abington and accepted by resolution and duly recorded for use as public streets, open space or other improvements.

The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the referenced plat.

§ 146-19 Recording of plats.

A final plan for subdivision or land development which has been approved by the Board of Commissioners shall have no effect upon the Official Map of Abington Township, nor shall any permits be issued to implement any improvement, whether public or private, unless and until the following requirements have been satisfied:

The applicant or subdivider/developer has executed the plat affidavit on three linen copies and two paper copies by signing the signature block as provided for on the record plan.

The applicant or subdivider/developer has submitted three copies of the linen cloth record plan and two paper sets of the approved final plan to the Township Zoning Official.

The Township Zoning Official has:

Reviewed the submission of documents for compliance with the requirements of this chapter.

Verified that the submitted record plan is in agreement with the final version approved by the Board of Commissioners, together with any conditions expressed in the approval of the Board of Commissioners or the Zoning Hearing Board if variances or special exceptions have been granted.

Transmitted the submission to the Township Engineer.

The Township Engineer has:

Reviewed the submission for compliance with the final approved plans and all engineering datum previously requested.

Inspected, approved and provided for the maintenance of the public improvements, if any, according to the requirements and specifications of this chapter, when such improvements have been installed by the subdivider/developer in advance of final approval or, when the exception to installation of the public improvements has been exercised through the provision of a completion guaranty, as provided in strict accordance with the provisions of this chapter, instituted the following procedures:

Verification that the amount of financial security expressed in the completion guaranty is in agreement with amounts timely determined during the approval process.

Verification that the type of financial guaranty provided is in a form acceptable to the township under provisions expressed by law.

Verification that the financial security has been provided to the township within the time period expressed by law or by grant of written extension.

Verification that the financial security agreement has been properly executed.

Transmitted the submission of documents to the Township Manager in order to obtain the seals and signatures of township officials as required.

Township approval will then be evidenced by the execution of the approval block by the designated township officials, as provided for on the record plan; County Planning Commission approval is evidenced by execution of the certification block; and a signed paper copy is retained by the County Planning Commission.

Subsequent to execution, the applicant or subdivider/developer must, within 90 days of formal approval of the plan, record the final plat in the office of the County Recorder of Deeds.

The applicant or subdivider/developer shall provide notice to the township that the final plan has been duly recorded by returning two copies of the record linen plan bearing the County Recording Seal with plan book and page number to the Township Engineer. Upon receipt of the recorded plans, the Township Engineer shall:

File the recorded plan in the office of Township Engineer.

Transmit a recorded linen plan to the Township Zoning Official for filing with the Department of Code Enforcement.

The applicant or subdivider/developer shall bear all the expense of the recording process.

If the final plan for subdivision or land development is not recorded within the ninety-day period, the approval of the plan shall lapse and become void. In this event, additional approval would require the submission of a new plan application.

§ 146-20 Permits required.

Township construction permit.

Applicability. When a final plan for major subdivision or major land development has been approved by the Board of Commissioners and duly recorded, no construction or development of the parcels or the public improvements involved shall commence prior to approval and issuance of a construction permit by the Township Engineer.

Application procedure. The applicant or subdivider/land developer shall submit the following to the Township Engineer:

Two complete paper copies of the final approved improvement plan.

Two complete and appropriately signed applications for a construction permit.

A check payable to the Township of Abington for the cost of the construction permit application fee.

A check payable to the Township of Abington for the cost of required engineering improvement inspection fees, sufficient in amount as established by ordinance, minus any remaining balance in the escrow application review fee account established at the time of plan review.

Proof of insurance coverage and bonding.

Issuance. Provided that all required governmental regulatory permits have been properly issued and all escrow surety is in proper order and the plan has been duly recorded, the Township Engineer shall issue the construction permit to the applicant.

Time requirements.

Not more than six months shall elapse between approval of the final plan by the Board of Commissioners and the application for construction permit. Failure to make application within the time stated will necessitate the reapproval of the subdivision or land development plan and a readjustment of the completion guaranty to reflect the costs of the proposed improvements as of the date of reapproval of the plan.

Exception. A written request for extension of time to approve the construction permit may be submitted to the Township Engineer, and, if approved by the Board of Commissioners, the extended time shall apply.

If more than one year has elapsed since the issuance of a construction permit and no improvements have been commenced or if the improvements have been commenced and there has been no construction activity performed for a period of one year or if the construction improvements have not been completed within five years from the date of issuance of the construction permit, the Board of Commissioners shall require that, prior to any further construction, the subdivider/developer shall submit a letter to the Township Engineer, stating the reasons for the lack of construction and also a proposed schedule for completion of the improvements. If the Board of Commissioners is satisfied with the explanation and the proposed completion schedule or upon mutual agreement of revised schedule, construction may continue based upon the terms of the accepted schedule. If the Board of Commissioners is of the opinion that the subdivider/developer has defaulted on the construction of improvements, the township, acting with the advice of the Township Solicitor, may utilize the completion guaranty to effect completion.

Other required permits.

General. When a final plan for subdivision or land development has been approved by the Board of Commissioners and duly recorded, no construction or development on the parcels involved shall commence prior to:

The subdivider or land developer first making application to the appropriate agency having jurisdiction over the required permit; and

The appropriate agencies issuing such permits and a copy being obtained by the Township Engineer and Zoning Official.

Regulatory permits. The provisions of this chapter shall apply to, but not be limited to, the following regulatory agencies:

The DER (Department of Environmental Resources):

Planning modules review: required for all sanitary sewer revisions and supplements to the adopted Township Act 537 Sewage Facilities Plan.

Water quality permit: required for construction of sewage treatment facilities and industrial wastewater discharge.

Wastewater permit: required for installation of all sewage treatment plants or pumping stations.

Earth disturbance permit: required for construction activity disturbing 25 acres or more of land.

[5]

Wetlands permit: required for construction or disturbance of all lands involving wetland encroachment.

[6]

Dams and waterways permit: required for construction, disturbance or encroachment of all lands involving dams or watercourses or their one-hundred-year floodway.

[7]

Right-of-way permit: required for access of utility easements through public parks.

United States District Corps of Engineers: required for construction, disturbance or encroachment of all lands involving dams or watercourses.

Pennsylvania Department of Transportation highway occupancy permit: required when construction abuts a state street and access to the street is required and/or when stormwater discharge may affect the abutting state highway. Montgomery County Public Works Department - Roads and Bridges Division also has similar requirements for county roads.

Montgomery County Soil Conservation District: required for soil erosion control of construction activity disturbing 25 acres or more of land.

Federal Emergency Management Agency approval: required for all construction proposed on land located in the floodway.

Septic system permit: required from the sewage enforcement officer for the installation of on-site systems.

Township building permits: any structures, additions, impervious surfaces, highway and waterway encroachments and other improvements regulated by the township building, electrical, fire, mechanical, plumbing and zoning codes.

§ 146-21 Inspections required.

Preliminary inspections.

At least five days prior to commencing construction of utilities and improvements or initial site grading, the subdivider/land developer shall notify the Township Engineer in writing of the proposed construction schedule.

No improvements shall be constructed during the period from November 15 to April 1 of each year, unless the developer has notified the Township Engineer of his/her specific intentions and approval is granted by the Township Engineer.

During regular office hours, the developer shall notify the Township Engineer 24 hours in advance of any construction to public improvements which will require inspection by the Township Engineer.

The Township Engineer or his/her designated assistant shall:

Inspect required improvements during the initial construction phase, and on a periodic basis thereafter, as may be required to ensure compliance with the requirements and standards of this chapter.

Submit periodic reports to the Board of Commissioners and the applicant, specifying those construction improvements, materials and workmanship which do not comply with the township specifications or the approved final plan.

Wherever necessary in his/her professional opinion, require the developer to submit samples of materials, undertake test borings or provide such professional information necessary to confirm compliance with township specifications or the approved final plan.

When satisfied that various improvements have been properly installed, prepare reports to the Board of Commissioners for appropriate release of completion guaranty escrows or reduction of credit, under terms further specified in this chapter.

The applicant, upon notification to the Township Engineer, shall proceed, at his/her own expense, to make such corrections as shall be required by the preliminary inspection findings and shall notify the Township Engineer upon completion for additional inspection.

Final inspections.

Upon 30 days' advance written notification by the developer to the Township Engineer, the Board of Commissioners or its delegate and the Township Engineer shall make a final inspection with the developer of all required improvements.

§ 146-22 Release from completion guaranty.

The purpose of the requested final inspection shall be for completion of improvements and release of improvement guaranty, if posted, and shall follow the procedures described in § 146-22A of this chapter.

Dedication of improvements.

When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Commissioners of the completion of the aforesaid improvements and shall submit the same to the Township Manager.

The notification provided shall be in writing and sent by certified or registered mail.

The township shall, within 10 days after receipt of such notice, authorize and direct the Township Engineer to inspect all of the aforesaid improvements.

The Township Engineer shall thereupon file a report, in writing, with the Board of Commissioners and shall mail a copy of the same to the developer by certified or registered mail.

The report shall be mailed within 30 days after receipt by the Township Engineer of the aforementioned authorization from the Board of Commissioners.

The report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part.

If said improvements or any portion thereof shall not be approved by the Township Engineer, said report shall contain a list of reasons for such disapproval, specifying those construction items, materials and workmanship which do not comply with the township specifications or final approved plan.

If said improvements shall be deemed to be approved in entirety by the Township Engineer, said report shall indicate that all items have been completed to the requirements of this chapter and in accordance with the final plan, therein advising the Board that the acceptance procedure for improvements may begin.

If any portion of said improvements shall not be approved by the township, the developer shall promptly proceed to complete the same, and, upon completion, the same procedure of notification, as outlined within this section, shall be followed.

Acceptance of improvements.

When the report of final inspection of public improvements by the Township Engineer indicates approval of the completed improvements, the applicant/subdivider/developer shall submit the following materials to the Township Engineer:

A certificate from the developer's contractors evidencing payment of all labor and material costs.

Two sets of dedication deeds, with descriptions, for use in dedication documents.

Two complete sets of as-built opaque linens, showing the location of the completed required improvements, including profiles.

Two sets of as-built recording plans for use in dedication recording and Pennsylvania Department of Transportation mileage updating.

Title insurance (at his/her sole cost) on all improvements being dedicated, insuring that the improvements are free and clear of all liens.

The Board of Commissioners, upon satisfactory evidence that the improvements have been properly completed and final acceptance documents have been properly prepared and presented, shall then:

Vote to approve the subdivision or land development plan, in such cases where the improvements have been properly installed prior to final approval of the plan; or

Evaluate the request from the developer for final release of the escrow completion guaranty, under terms and conditions specified herein.

The Township Engineer shall then ensure that the following has been satisfied:

That all inspection, engineering, legal and administrative fees connected with the completion of improvements have been paid.

That other extraneous costs connected with the completion of improvements have been paid.

That financial security for the maintenance of the improvements as described below has been posted.

The Board of Commissioners shall then:

Accept the public improvements by adoption of a resolution.

Accept the deeds for the improvements and direct that they be recorded with the Montgomery County Recorder of Deeds and with the Township of Abington by the applicant or subdivider/developer, at his/her sole expense.

Direct the Township Solicitor to authorize the release of any remaining financial improvement guaranties, minus the amount required for maintenance security as described herein.

The township shall have no responsibility with respect to any street or other improvement, unless the street or other improvement is accepted by resolution of the Board of Commissioners.

Maintenance security.

When the Board of Commissioners accepts dedication of all or some of the required improvements following completion, the Board of Commissioners may require the posting of financial security to secure the structural integrity of said improvements, as well as the functioning of said improvements in accordance with the design and specification as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication.

The financial security shall be of the same type as otherwise required in this article with regard to installation of such improvements.

The amount of maintenance security shall not exceed 15% of the actual cost of installation of said improvements.