[Added 1-5-1981 by Ord. No. 75]
 
All public improvements and facilities shall be constructed and/or installed at the sole cost and expense of the applicant. All work shall be completed in a good and workmanlike manner and shall be such as to be acceptable to the Township. Prior to the commencement of any work, and prior to the execution of final plans by the Board of Supervisors, an agreement setting forth the terms and provisions of the development agreement set forth in Appendix A of this chapter (such agreement and each of its terms and provisions being incorporated herein by reference)[1] shall be executed by the applicant, by all record owners of the land comprising the subdivision and/or land development and by the Township.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
If all construction within the subject subdivision and/or land development (including all public and private improvements and facilities) is intended to exceed two years from the date of execution of the development agreement, the applicant shall proceed in phases so that all construction for each phase (both public and private in nature) shall be completed within two years of the execution of such agreement. In the case of phase development, each phase shall receive final subdivision or land development approval separately, and this chapter and these subdivision regulations shall be applicable to each phase of subdivision and/or land development separately.
Simultaneously with the delivery by the applicant of final approved plans for recording, the applicant shall deliver to the Township an agreement of restrictions and covenants to run with the land, in a recordable form satisfactory to the Township Solicitor, executed by all record owners of the lands comprising the subject subdivision and/or land development, and in a form substantially similar to the unilateral declaration of restrictions and covenants set forth in Appendix B of this chapter,[1] which shall be recorded simultaneously with the recording of the final subdivision plans and which shall include, but not be limited to, the following provisions:
A. 
An easement allowing and requiring the maintenance of detention basins by the applicant and/or his successors.
B. 
A statement that each owner of a lot within the development must become a member of the homeowner's association, if such an association is to exist.
C. 
A statement that all private roads shall be maintained by the applicant and/or his or her successors.
D. 
A statement that the applicant and/or his successors shall maintain all common open space and drainage facilities and all streets prior to the dedication of the same.
E. 
A statement that the Township may repair and maintain all common open space, detention and/or retention basins, drainage facilities, private roads and public streets prior to dedication and during the maintenance period in the event that the applicant and/or his or successors do not do so. If the Township is required to perform repairs and maintenance, costs so incurred by the Township shall be equally divided and placed as a lien against each proposed lot within the subdivision. An easement allowing the Township, its agents and employees access for such repair and maintenance shall be conveyed to the Township.
F. 
Any and all other restrictions and/or conditions cited by the Board of Supervisors as a condition of preliminary plan and/or final plan approval.
G. 
A statement that the land which is the subject of the unilateral declaration of restrictions and covenants is subject to the plans recorded in the office of the County Recorder of Deeds, to all parts of the approved final plans not recorded which are on file with the Township and to all conditions of preliminary and final plan approval.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
[Amended 3-7-1990 by Ord. No. 155]
A. 
Upon completion of all improvements referred to in the improvement agreement to the satisfaction of the Township, and compliance by the developer with all other provisions of the improvement agreement, and the payment of all costs or expenses incurred by the Township for necessary inspection, engineering and legal fees, plus 10% of the amount of said bills as aforesaid, the developer shall execute and offer to the Township deeds of dedication in a form approved by the Solicitor for the Township for all streets, and other improvements, if any, to be dedicated. All lands to be dedicated to the Township shall be conveyed with good and marketable title and such as will be insured by a reputable title insurance company reasonably satisfactory to the Township. Said title insurance shall be obtained at the sole cost and expense of the developer and shall guarantee ownership of the lands dedicated to the Township free and clear of all liens and encumbrances, except those created by virtue of final plan approval. The Township's title shall be protected from any action of mortgage foreclosure and from any execution or judicial sale at no cost or expense to the Township. All costs in connection with dedication and acceptance of dedication are to be borne by the developer.
B. 
The Township shall accept dedication and will release the balance of the financial security being held by the Township upon:
(1) 
The completion of all improvements referred to in the improvement agreement which are to be dedicated for public use.
(2) 
The receipt of a satisfactory title insurance policy.
(3) 
The posting with the Township of financial security in the amount of 15% of the actual cost of the improvements to be dedicated to guarantee the structural integrity of the improvements, as well as the functioning of the improvements in accordance with the design and specifications as depicted on the final plan of the work performed by the developer for a period of 18 months from acceptance of dedication of the improvements. All work required to secure the structural integrity of the improvements as well as the functioning of the improvements in accordance with the design and specifications as depicted on the final plan are to be commenced within 15 days from the time of notice from the Township to do so, legal holidays and Sundays excepted (except in the case of an emergency requiring immediate action), and upon default, the Township may make such repairs and do anything necessary to maintain such construction and recover the expense and cost thereof, upon submission of a bill or bills from the financial security. The Township may collect the financial security prior to the Township's performance of the work based upon estimates received by the Township from the Engineer for the Township for the completion of the work. If the costs incurred by the Township exceed the amount of money received by the Township from the financial security, then the developer shall be liable to the Township for said excess costs and will pay the same forthwith to the Township.
C. 
If the developer complies with all the terms of the improvement agreement, then the Township shall, at the expiration of the eighteen-month guaranty period as required by the improvement agreement, release and terminate the financial security. However, in no event shall the financial security be terminated without the express written consent of the Township.
[Amended 6-25-1984 by Ord. No. 107; 3-7-1990 by Ord. No. 155]
A. 
In order to assure the Township that the streets, drainage facilities, curbs, sidewalks, street signs, fire hydrants, streetlighting facilities, monuments, landscaping, parks and other public improvements as shown on the final plans will be constructed and installed in strict accordance with the plans, as finally approved, and in accordance with the standards, regulations and specifications of the Township, and will be maintained until accepted or condemned by the Township, the developer shall furnish to the Township financial security satisfactory to the Board of Supervisors, or, at the sole discretion to the Board, financial security in such form and with such conditions and surety as shall be approved by the Board in an amount equal to 110% of the total cost of the construction and/or installation of the required public improvements. Such financial security shall be effective for a minimum of one year beyond the date established for the completion of all the improvements. All financial security shall be increased by an additional 10% for each one-year period beyond the first anniversary date from the posting of the financial security or to an amount equal to 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period. The procedure establishing the greater amount shall control. The amounts of all financial securities shall be determined pursuant to procedures set forth in the Pennsylvania Municipalities Planning Code (Act of July 31, 1968, P.L. 905, No. 247, as amended).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Simultaneously with the developer's delivery to the Township of such financial security, and simultaneous with the execution of the improvement agreement, the developer shall execute a financial security agreement prepared by the Township Solicitor setting forth the terms and provisions of the escrow agreement as set forth in Appendix C hereto.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.