A. 
No plan shall be finally approved unless the streets shown on such plan have been improved as may be required by this chapter, and any walkways, sidewalks, curbs, gutters, streetlights, fire hydrants, shade trees, landscaping, water mains, sanitary sewers, stormwater management facilities, recreational facilities, survey monument and lot line markers, or other improvements as may be required by this chapter have been installed in accordance with this chapter, except that the surface course of streets shall not be completed until such time as 90% of the lots in the subdivision or land development have been improved by the construction of a dwelling if approved for residential development or by the construction of the proposed commercial or industrial structures if the lots are approved for such uses.
B. 
In lieu of completion of the surface course of streets as well as in lieu of completion of other improvements required as a condition for final plan approval of a plan, and at the discretion of the developer, such developer may deposit with the Township and/or the applicable authority, as applicable, a letter of credit or other financial security authorized by the MPC and acceptable to the Board of Supervisors and/or the applicable authority in an amount equal to 110% of the estimated cost of the required improvements at a time 90 days following the date scheduled for completion of the respective improvements by the developer. The estimated cost of the surface course shall be computed separately from the estimated cost of completing the other improvements and shall be based upon the developer's projected timetable for completion of the development.
C. 
The amount of financial security required by the Township shall be based upon an estimate of the cost of the improvements, submitted by a developer and prepared by an engineer qualified to perform such duties and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another engineer qualified to perform such duties and chosen mutually by the Township and the developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the developer.
D. 
Annually the Township and/or the applicable authority may adjust the amount of required financial security by redetermining the estimated cost for completion of the uncompleted improvements as of the expiration of the 90th day after either the date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to insure that the financial security equals 110% of the estimated cost of the Township and/or the applicable authority completing the improvements at a time 90 days following the date scheduled for completion or alternatively reduce the required security so that it equals such amount. Any additional security shall be posted by the developer within 30 days after being notified of the same. The amount of financial security required by the applicable authority shall be computed in accordance with the applicable authority's rules and regulations.
E. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Township to release or authorize the release from time to time, such portions of the financial security necessary for the payment to the contractor or contractors performing the work. Any such request shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from the receipt of such request to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work has been completed in accordance with the approved plan. Upon such certification, the Board of Supervisors shall authorize release from the required financial security of an amount as estimated by the Township Engineer as representing the value of the work completed.
F. 
The value of the work completed shall be determined by subtracting 110% of the estimated cost of the completion of the remaining uncompleted work from the total amount of security deposited.
G. 
At such time as 90% of the lots in the subdivision have been improved as set forth above, or if at the expiration of three years from the date all of the improvements excepting the surface course has been completed, less than 90% of the lots have been so improved, the Township may notify the developer to complete the surface course within 60 days from the date of such notice. In computing the sixty-day requirement, the period from November 1 to April 1 shall not be counted.
H. 
If, at the time the wearing course is completed, 90% of the lots are not improved as set forth above, the developer must:
(1) 
Post with the Township financial security in an amount equal to 15% of the reasonable cost of the surface course as security to guarantee that damages to the road or street would not occur during the completion of the improvements on the unimproved lots in such developer's subdivision or land development. The Township shall hold such financial security and utilize it to pay for the repair of any damage occurring to the road during the period between the commencement of improvements on any particular unimproved lot and the completion of such improvements irrespective of whether or not it can be established that the damage to the road was caused by contractors or other persons working in and about the construction of such improvements. The financial security shall be in a form acceptable to the Township.
(2) 
Present to the Township agreements signed by the owners of all of such unimproved lots pursuant to which they will agree to pay to the Township the cost of repairing any damage occurring to roads in such subdivision during the period between the commencement of work on the improvements to their lot and the completion of such improvements irrespective of whether or not it can be established that such damage was caused by contractors or other persons involved in the improvement of their respective lot.
A. 
When the developer has completed all of the improvements as shown on the final plans, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements, enclosing therewith certification by the engineer qualified to perform such duties and responsible for the design of the improvements that they have been installed as designed, and shall send copies of the notice and certification to the Township Engineer. The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall thereupon file a report, in writing, with the Board of Supervisors and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Supervisors, said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements or any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of the reasons for such nonapproval or rejection. Improvements shall not be considered completed unless the developer can demonstrate compliance with the requirements of this chapter and all other applicable ordinances, statutes and regulations. Improvements shall also not be considered complete until as-built plans of all stormwater management facilities, any improvements to be dedicated to the Township and/or the applicable authority, and of all streets, whether or not such streets shall be dedicated, have been submitted to the Township and/or the applicable authority, as applicable.
B. 
The Board of Supervisors shall notify the developer within 15 days of receipt of the Township Engineer's report, in writing by certified or registered mail, of its action with relation thereto. If the Board of Supervisors or Township Engineer fails to comply with the time limitation provisions contained herein, or such time limitations as contained in the MPC, whichever requirements shall contain a longer time period for action by the Township, all improvements will be deemed to have been approved and the developer's posted financial security shall be released.
C. 
If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer shall proceed to complete the same, and upon completion, the same procedure of notification, as outlined herein, shall be followed.
D. 
Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise any determination of the Board of Supervisors or Township Engineer.
In the event that any improvements that may be required have not been installed as provided in this chapter or in accordance with the approved final plan, the Board of Supervisors may enforce any letter of credit or other financial security by appropriate legal and equitable remedies. If proceeds of such financial security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install 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 the proceeds, after deducting the costs of collection, whether resulting from the financial security or from any legal or equitable action brought against the developer or both, shall be used solely for the installation of the improvements covered by such security and not for any other Township purpose.
A. 
The Township and/or the applicable authority shall inspect the improvements during construction. The developer shall pay the cost of any such inspection in accordance with the provisions of Article V of the MPC.[1] The developer shall provide at least 24 hours' notice prior to the start of construction of any improvements that are subject to inspection. All inspections of completed items shall be requested, in writing, at least 48 hours in advance of the inspection time and date.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
B. 
General site construction. It is generally required that the following phases of site construction have mandatory inspection. This general list of phases may be amended by mutual agreement of the Township and developer when the site requires special construction procedures. The inspection schedule must be recorded with the final plan or shown on the approved improvement construction plan.
(1) 
Upon completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil and construction of temporary erosion and sedimentation control devices.
(2) 
Upon completion of rough grading, but prior to placing topsoil, permanent drainage, or other site development improvements and ground covers.
(3) 
During the construction of permanent stormwater management and BMP facilities.
(4) 
Upon the final completion of permanent stormwater management and BMP facilities, including the establishment of ground covers and plantings.
(5) 
After review of the as-built drawings, required by § 236-508 of this chapter, but prior to final release of the financial guarantee for completion of final grading, vegetative controls required by the BMP standards, or other site restoration work.
C. 
Street construction.
(1) 
Preparation of road subgrade. At the time of this observation, the subgrade should be proof rolled, and the proposed crown and grade should be checked. It is recommended that a developer's/contractor's representative accompanies the observer when the crown and grade are checked. Proof rolling should be performed with a fully loaded, tandem-axle dump truck. This observation must occur prior to any stone subbase being placed.
(2) 
Placement and compaction of road subbase. At the time of this observation, the depth of subbase should be checked after compaction, the subbase should be proof rolled in the same manner as the subgrade and the crown and grade should be checked again. This observation must occur prior to any binder or base course being placed.
(3) 
Placement and compaction of the binder/base course. At the time of this observation, the depth of the binder/base course should be checked, ambient temperature should be monitored (this is important in early spring and late fall when the temperature can fall below acceptable limits), the temperature of the bituminous material should be checked (if possible), and it is recommended that copies of the weight slips for each truckload be obtained. The crown and grade should also be checked again. This observation must occur prior to the wearing course being placed.
(4) 
Placement and compaction of the wearing course. At the time of this observation, the guidelines for the placement and compaction of the binder/base course should be followed.
D. 
In addition to the above-outlined observations, additional observations will be made at the request of the developer for reduction of financial securities. Random observations should be made at the frequency desired by the Township. At the time of any of the above-listed observations, all ongoing construction (i.e., storm drainage, sanitary sewer, water, erosion control, etc.) should also be checked for compliance with the approved plans and the findings reported. Since the above inspections are mandatory, it is recommended that requests for reduction of financial guarantee to be submitted to coincide with the above inspections.
A. 
Any offer to dedicate any street or portion thereof shall be made on forms provided by the Township, along with all required supporting documentation and required fees. Offers for dedication may be submitted to the Township at any time during the calendar year; however, the Township will not formally act upon any offer of dedication prior to April 15 nor later than September 1 of any calendar year.
B. 
The offer to dedicate streets, parks or other areas or portions of them does not impose any duty upon the Township and/or the applicable authority concerning maintenance or improvement until the proper authorities of the Township and/or the applicable authority have made actual acceptance of the dedication by ordinance or resolution or by entry or improvement.
C. 
Where the Township accepts dedication of all or some of the required improvements following completion, the Township 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 specifications as depicted on the final plan for a term of 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in § 236-501 of this chapter with regard to installation of such improvements, and the amount of such financial security shall not exceed 15% of the actual cost of the installation of the said improvements.
D. 
Where the applicable authority accepts dedication of some or all of the required improvements, the applicable authority may require the posting of financial security in accordance with its rules and regulations and applicable law.
The developer shall maintain all streets in the subdivision or development in travelable condition, including the prompt removal of snow therefrom, until such time as the streets are accepted by the Township as part of the Township highway system or, if such streets are not to be dedicated, until a homeowners' association or other entity responsible for the maintenance of the streets has been formed.
Recording of the final plan after approval by the Board of Supervisors has the effect of an irrevocable offer to:
A. 
Dedicate all streets and other public ways to public use, unless such streets are indicated on said plan as private streets.
B. 
Dedicate all neighborhood parks and all areas shown on the plan as being local recreation sites to public use.
A. 
Prior to the release of the final escrow estimate, the developer shall prepare as-built plans of all stormwater management facilities, any improvements to be dedicated to the Township and/or the applicable authority, and of all streets, whether or not such streets shall be dedicated. The developer shall provide the Township and/or the applicable authority, as applicable, with one Mylar and two prints of the as-built plan showing the following:
(1) 
Survey monuments and markers.
(a) 
Actual location of all concrete monuments which were set at points of curvature and tangents along streets on the rights-of-way and at all angle breaks around the perimeter of the total tract. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented at the above-referenced points.
(b) 
Actual location of all iron pins or drill holes in curbs for all individual lot lines.
(2) 
Street alignment.
(a) 
Actual location of cartway center line versus right-of-way center line.
(b) 
Actual cul-de-sac radius.
(3) 
Utilities.
(a) 
Horizontal and vertical location of underground utilities, including, but not limited to:
[1] 
Piping, valves, and manholes for publicly dedicated water and sewer utilities.
[2] 
Gas, telecommunications, cable, fiber optic, and electric lines within the public right-of-way.
(b) 
Horizontal location of aboveground utilities, including, but not limited to:
[1] 
Utility poles carrying overhead telecommunications, cable, fiber optic, and electric lines within the public right-of-way.
[2] 
Fire hydrants, natural gas piping, electric power substations.
[3] 
Streetlights and traffic signal equipment.
(4) 
Other improvements.
(a) 
Sidewalks, pedestrian easements, and ADA ramps.
(b) 
Playgrounds and recreational facilities.
(c) 
Buildings, parking compounds, access drives, driveways, and all other significant planned facilities.
(d) 
Installed lighting fixtures and mounting heights.
(e) 
Required landscaping, including actual caliber and/or height.
B. 
The applicant shall submit two CDs, DVDs, or other digital recording media (format as specified by the Township); each of which includes one computer-readable digital file copy of the as-built plan, in both the most recent versions of AutoCAD and portable document format (*.pdf) unless otherwise specified by the Township, which includes all of the information contained on the paper copy of the as-built plan.