Before the final plan is signed and made ready for recording or prior to the issuance of any permit needed for construction or occupancy of any subdivision or land development, all applicants are required to complete to the satisfaction of the Township or ensure the completion of all required public improvements in the manner set forth in this article.
A. 
No plan shall receive final approval unless the streets shown on such plan have been improved to a mud-free and otherwise permanently passable condition or been improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, landscape buffers, water mains, sanitary sewers, stormwater management and conveyance facilities and other improvements as may be required by this chapter have been installed in accordance with this chapter.
B. 
No lot in a subdivision or land development may be sold, leased, mortgaged or otherwise transferred; no permit to erect any building on land in a subdivision or land development may be issued; and no building may be erected or lot development effected in a subdivision or land development, unless and until a subdivision plan or land development plan has received final approval and, where required, been recorded.
C. 
The Township may defer at the time of final plan approval, subject to appropriate conditions, the provision of any or all required improvements, as in its judgment, are not requisite in the interests of public health, safety and welfare, or which are inappropriate due to the inadequacy or nonexistence of connecting facilities. A separate public improvement agreement may be required by the Township guaranteeing completion of any deferred improvement by the property owner at some later date.
A. 
In lieu of the completion of any improvements required as a condition of the final approval of a plan, the developer may deposit with the Township financial security in an amount sufficient to cover the costs of any improvements or common amenities which may be required, including, but not limited to, roads, stormwater management, conveyance and other related drainage facilities, recreational facilities, sanitary sewers, lighting, open space improvements and/or buffer or screening plantings.
B. 
The amount of such security to be posted for the completion of required improvements shall be equal to 110% of the estimated cost of completion as of 90 days following the date scheduled for completion by the developer.
C. 
The cost of the improvements shall be established by submission to the Board of Commissioners of a 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.
D. 
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 bidding procedure. In the case where development is projected over a period of years, the Board of Commissioners may authorize submission of final plans by section or stages of development, subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
E. 
When requested by the applicant in order to facilitate financing, the Township shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan, contingent upon the applicant obtaining a satisfactory financial security. Final plans will not be signed or recorded until the financial improvements agreement is executed. The resolution 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 Township.
F. 
The Township at its option, may accept financial security in the form of cash escrow placed with the municipality, irrevocable letter of credit, escrow account, or surety bond with a bonding company or chartered lending institution chosen by the party posting financial security, provided that said institution or company is authorized to conduct such business in the Commonwealth of Pennsylvania.
The Township may release all or parts of the posted financial security as completion of improvements proceeds, in compliance with the applicable requirements of the Pennsylvania Municipalities Planning Code.
A. 
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, of such portions of the financial security necessary for payment to the contractor or contractors performing the work.
B. 
Any such requests shall be in writing, addressed to the Board of Commissioners in care of the Township Building and Planning Department, and the Board of Commissioners shall have 45 days from 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 plan.
C. 
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 as fairly representing the value of the improvements completed or, if the governing body fails to act within said forty-five-day period, the Board of Commissioners shall be deemed to have approved the release of funds as requested.
D. 
The Board of Commissioners may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
E. 
Landscaping security. The applicant shall be responsible for the full replacement of all dead or diseased trees or shrubs for 18 months after final acceptance and certification of project completion. Final inspection of landscaping shall be performed while trees are fully leafed out, typically May 1 through November 1.
If the required improvements are not completely installed within the period fixed or extended by the Township, the Township may take one or more of the following actions:
A. 
Declare the financial security in default and require that all improvements be installed regardless of the of the extent of the building development at the time the agreement is declared in default;
B. 
Suspend final plan approval until the development improvements are completed and record a document to that effect for the purpose of public notice;
C. 
Obtain funds under the security and complete improvements;
D. 
Assign the right to receive funds under the security to any third party, including a subsequent owner of the property wherein improvements were not completed in exchange for that subsequent owner's formal agreement to complete improvements;
E. 
Exercise any other available rights under the Pennsylvania Municipalities Planning Code.
A. 
Notice. The Township Engineer shall be notified 48 hours in advance of the commencement of any construction or installation operation to schedule an inspection by the Township. Construction and installation operations shall also be subject to inspection by the Township during the progress of the work. The applicant, developer, or builder shall pay the reasonable and necessary expenses for inspections in accordance with the Township's fee schedule.
B. 
Improvement specifications. All required road improvements should be constructed in accordance with the applicable provisions of the PennDOT, Form 408, current edition, including the latest revisions and other applicable regulations. All other required improvements shall be constructed in accordance with Township specifications.
C. 
Sample of materials/shop drawings. During or after construction of any required improvement, if the Township requires a sample of materials or shop drawing, said sample or shop drawing shall be furnished by the appropriate contractor, in a form specified by the Township Engineer.
D. 
Delivery slips. Copies of all delivery slips for materials used in the construction of any storm sewers, sanitary sewers, roads, curbs, sidewalks, or any other facility within a Township right-of-way or easement or in areas proposed for future dedication to the Township shall be supplied to the Township upon request of the Township Engineer.
A. 
Sanitary sewers. Upon completion of construction of a sanitary sewer in accordance with the approved plans and sanitary drainage specifications and as approved by the Township Engineer, a deed of dedication for the sewer, prepared by the Township Solicitor, shall be submitted to the Public Works Committee, together with a certificate from the contractor evidencing payment for all labor and material costs. Adoption by the Board of Commissioners of a resolution accepting the deed and directing that it be recorded will constitute acceptance of the sewer by the Township.
B. 
Streets and other improvements. The Township may, but shall not be required to, take over and make public any street or other improvement, provided that:
(1) 
The required improvements, utility mains and laterals and monuments shown on an approved plan or plans have been constructed and conform to Township standards and specifications.
(2) 
For an existing street, a petition signed by the owners of at least 51% of the frontage of the street in question requesting that the street and other improvements be taken over and made public is filed with the Township Secretary.
(3) 
It is established to the satisfaction of the Board of Commissioners that there is a need for the improvements to be taken over and made public.
Where 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 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 not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
Where the maintenance of improvements is to be the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities, the Township shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowners' successors in interest, and may further require that an initial maintenance fund be established in a reasonable manner.
Before the Township shall cause its approval to be endorsed upon the final plans of any subdivision or land development (except in the case of minor subdivisions) and as a requirement for the approval thereof, the Township may condition such approval, or otherwise require the agreement of the owners, to the following:
A. 
To construct or cause to be constructed or installed, at the owners' expense, all streets, curbs, sidewalks, fire hydrants, streetlights, stormwater facilities, water and sewer facilities, street signs, monuments, capped sewers, parks, landscaping, line painting, and other improvements shown in the final plan when required to do so by the Township in accordance with the Township standards and specifications.
B. 
To maintain at the owners' expense all streets, curbs, sidewalks, stormwater facilities, water and sewer facilities, street signs, parks, monuments, fire hydrants, streetlights, capped sewers, line painting, landscaping, and other improvements, until the same are accepted or condemned by the Township for public use, and for a period of 18 months thereafter to repair and reconstruct the same or any part of one of them when such repair or reconstruction shall be specified by the Township as necessary by reason of faulty construction, workmanship, or materials, or the structural integrity or functionality of the improvements is not satisfactory as determined by the Township Engineer.
C. 
To pay all costs, charges, or rates, of the utility furnishing electric service for the lighting of the streets on or abutting said subdivision, from the lights installed by the owner, until such time as the streets shown on the subdivision plans shall be accepted as public streets of the Township by ordinance (or resolution), and to indemnify and hold harmless the Township from and against all suit, actions, claims, and demands for electric service to the streets shown on said plans, or any part thereof, to the time that said streets shall be accepted as public streets of the Township in the manner hereinabove set forth.
D. 
Pay the inspection fees required by the Township.
E. 
To obtain the easements and releases required when any street, drainage facility or other improvement wherein a subdivision abuts or traverses land of persons other than the person holding legal title to the lands of the subdivision at his own cost, and obtain from the owner of the lands so abutted or traversed full releases from all damages which may change grade, construction, or otherwise, of the street, drainage facility or other improvements, and such releases shall insure to the benefit not only of the owner of the subdivision but to the Township as well.
F. 
To promptly remove or cause to be removed snow from the streets as may be required for safe traverse of the streets prior to dedication.
G. 
To promptly reimburse to the Township reasonable professional fees.
H. 
To provide in a timely manner, all construction and shop drawings and plans, including a full set of as-built plans on paper and in appropriate electronic format as specified by the Township Engineer.
I. 
Such other provision(s) as deemed necessary or desired by Township.