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, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains, stormwater management facilities 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. 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, at the discretion of the developer, such developer may provide the Township financial security in accordance with § 160-52.
B. 
Where public sewer service and/or public water service is proposed by a plan, the developer shall post financial security with the public sewer and/or public water provider, as applicable. No plan shall be released for recording until the public sewer and/or public water provider has confirmed receipt of the financial security required under applicable statutes and regulations.
C. 
The Township shall process requests for reduction of financial security in accordance with the requirements of the MPC.
D. 
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.
E. 
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 have 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 October 1 to April 1 may not be counted.
F. 
If at the time the surface 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; or
(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. 
The following forms of financial security shall be considered acceptable:
(1) 
Irrevocable letter of credit in an amount calculated in accordance with § 160-52B. An irrevocable letter of credit in the form set forth in Appendix D[1] is required.
[1]
Editor's Note: This appendix is included in the online version of the Code of the (Township of Elizabeth) (eCode360®). Said appendix is also on file in the Township offices.
(2) 
Cash escrow in an amount calculated in accordance with § 160-52B. An escrow agreement in the form set forth in Appendix D is required.
(3) 
Surety bond in an amount calculated in accordance with § 160-52B. A surety bond in the form set forth in Appendix D is required.
(4) 
For required improvements on individual residential lots which would be constructed at the time the dwelling is constructed, including, but not limited to, rain gardens, infiltration beds, and similar stormwater management facilities, a recorded agreement in the form set forth in Appendix D.
B. 
Financial security shall be in an amount equal to 110% of the estimated cost of improvements required by the final plan or preliminary/final plan, as applicable. The cost of improvements is to be calculated at a time 90 days following the date scheduled for completion of the improvements by the developer. The estimated cost of the surface course shall be computed separately from the estimated cost of the other improvements and shall be based upon the developer's projected time table for completion of the development. The developer shall provide the estimated cost of the improvements prepared and certified by an engineer in accordance with the requirements of Article V of the MPC.
C. 
The amount of the financial security shall be determined and annually adjusted in accordance with all applicable requirements of Article V of the MPC.
A. 
The Township or its designee shall inspect all phases or the installation of any temporary or permanent land development improvements.
B. 
A schedule of required inspections shall be determined through a preconstruction meeting with Township staff. Terms and conditions of inspections will be addressed at this meeting by Township staff. Required inspections shall be scheduled through the Township a minimum of 48 hours prior to the time the inspection is requested.
C. 
During any stage of work, if the Township or its designee determines that any temporary or permanent improvements are not being installed in accordance with the approved plan, the Township may take all actions authorized by this chapter and the MPC.
The Township shall process requests for release of financial security in accordance with the MPC. Improvements shall not be considered completed unless the developer can demonstrate compliance with the requirements of this chapter, Chapter 150, Stormwater Management, and all other applicable ordinances, statutes and regulations. Improvements shall also not be considered complete until as-built plans of all improvements to be dedicated to the Township and of all streets and stormwater management facilities, whether or not such streets and stormwater management facilities shall be dedicated, have been submitted to the Township, as applicable.
In the event that any improvements which 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 financial 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 or recover the moneys necessary to complete the remainder of the improvements. All of 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. 
All improvements shall be deemed to be private improvements and only for the benefit of the specific subdivision or land development until such time as the same have been offered for dedication and formally accepted by the Township by ordinance, resolution, deed or other formal action or document. The developer shall submit as-built plans of all improvements which will be dedicated to the Township. The Township shall not have any responsibility of any kind with respect to improvements shown on the final plan until the improvements have been formally accepted by the Township.
B. 
The Township may require that the developer submit a maintenance guarantee to secure the structural integrity and functioning in accordance with the designs and specifications as depicted on the final plan for any improvement to be dedicated to the Township for a period of 18 months from the date of acceptance of dedication. Such maintenance guarantees shall be in a form acceptable to the Township Solicitor and shall be in the amount of 15% of the actual cost of installation of said improvements.
Recording of the final plan after approval of 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 for public use.
As-built plans of all street improvements, stormwater management facilities, public or community water supply facilities, public or community sewage disposal facilities, and other public improvements shall be filed at the completion of construction and before any dedication for public use. One set of as-built plans shall be on paper and one set of as-built plans shall be in an electronic format acceptable to the Township Engineer. The as-built plan sets shall be filed with the Township Secretary. Such plans shall be filed prior to release of the guaranty and issuance of the completion certificate by the Township Engineer.