Before approving any subdivision or land development
plan for recording, the Board of Supervisors shall require that the
Township be assured (by means of a proper development agreement and
performance guarantee) that the improvements required by this chapter
and the improvements appearing on the plan will be installed in strict
accordance with the standards and specifications of this chapter.
A.
Development agreement required.
(1)
All applicants proposing any subdivision or land development
which provides for the installation of improvements required by this
chapter or any improvements or amenities which appear on the plan
shall be required to enter into a legally binding development agreement
with the Township prior to final plan approval.
(2)
The development agreement shall guarantee the installation
of said improvements in strict accordance with all Township requirements.
(3)
The final plan shall not be approved by the Commission
or the Board of Supervisors prior to the execution of this agreement
and the delivery of the performance guarantee.
B.
Terms of development agreement. The development agreement
shall be in the manner and form approved by the Township Solicitor
and it shall consist of the following terms, where applicable:
(3)
Guarantee; costs; approval.
(4)
Damage and liability.
(a)
Developer’s responsibilities for damage
to other property.
(b)
Developer shall secure or maintain public liability
insurance for the duration of improvements construction. A copy (of
other evidence of coverage) shall be submitted to the Township.
(c)
A save harmless clause to protect the Township
from liability.
(d)
Prevention of erosion, sedimentation and water
damage to the subject and adjacent properties.
(5)
Dedication of streets, transfer of water and sewer
lines and easements.
(6)
The developer shall provide the Township with a set
of reproducible “as built” plans prepared by and certified
to by a professional engineer of all streets, storm and sanitary sewers,
and water distribution facilities.
(7)
The developer shall be responsible for all reasonable
engineering and legal costs and expenses for review, inspection, consultations,
and preparation of agreements. The cost of all inspections of improvements
by the Township Engineer shall be reimbursed by the developer to the
Township and shall be based on a schedule of fees established by resolution
of the Board of Supervisors, from time to time. Such fees shall not
exceed the rate charged by the Township Engineer to the Township when
fees are not reimbursed or otherwise imposed on developers. In the
event of disputes regarding reimbursement of fees, the provisions
of the Pennsylvania Municipalities Planning Code,[1] as amended, shall prevail.
[1]
Editor’s Note: See 53 P.S. § 10101
et seq.
(8)
Provisions for violation of the development agreement.
(9)
Any other lawful terms which the Board of Supervisors
may require to carry out the provisions of this chapter.
The performance guarantee for completion of
required improvements shall meet the following requirements:
A.
Security.
(1)
The guarantee shall be secured by the credit of any
of the following:
(a)
An irrevocable and unconditional letter of credit
of a federal or commonwealth chartered lending institution;
(b)
A restrictive or escrow account in a federal
or commonwealth chartered lending institution; or
(c)
Such other financial security approved by the
Board of Supervisors (which approval shall not be unreasonably withheld).
(2)
Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required within one year of the date fixed in the development schedule (see § 212-30G) for the completion of such improvements.
(3)
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, provided said bonding
company or lending institution is authorized to conduct such business
within the commonwealth.
B.
Amount.
(1)
The amount of security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated by the Township Engineer and approved by the
Township, as of 90 days following the date scheduled for completion
by the developer. The Township may grant adjustments to the amount
of security, on an annual basis, by comparing the actual cost of the
improvements which have been completed and the Township Engineer’s
estimated cost for 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 Township may require
the developer to post additional security in order to assure that
the financial security equals 110%, together with an extension agreement
extending the time for completion.
(2)
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
shall 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.
C.
Multiyear or multistage development. In the case where
development is projected over a period of years, the Board of Supervisors
may authorize submission of final plats 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.
A.
In general. As the work of installing the required
improvements proceeds, the party posting the financial security may
request the Board of Supervisors 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.
B.
Notice of completion. When the developer has completed
an improvement, the developer shall notify the Board of Supervisors
in writing by certified or registered mail of such completion and
request for release and shall send a copy thereof to the Township
Engineer.
C.
Engineer’s report.
(1)
Within 30 days of the receipt of such request, the
Township Engineer shall submit a written report certifying which improvements
have been completed in accordance with the approved plan to the Board
of Supervisors and mail a copy of such report by certified or registered
mail to the developer at his last known address.
(2)
This report shall be based on the inspections made
according to the approved inspection schedule included in the development
agreement and shall recommend approval or rejection of the improvements,
either in whole or in part.
(3)
If the Engineer finds any or all of the improvements
to be not as required, he shall include a statement of the reasons
for recommending their rejection in the report.
D.
Decision by Board of Supervisors.
(1)
At its first regularly scheduled meeting after receiving
the Engineer’s report (but not later than 45 days of the receipt
of the request) the Board of Supervisors shall review the Engineer’s
report and shall authorize release of an amount as estimated by the
Township Engineer, which is a fair representation of the value of
the improvements completed.
(2)
The Board of Supervisors shall be deemed to have approved
the release of funds as requested if the Board of Supervisors fails
to act within 45 days of receipt of the developer’s request.
(3)
Until final release (completion of all improvements),
the Board of Supervisors shall require retention of 10% of the cost
of each completed improvement.
(4)
The Board of Supervisors shall notify the developer
in writing by certified or registered mail of the decision.
E.
Completion of unapproved improvements. The developer shall proceed to complete any improvements not approved by the Board of Supervisors and, upon completion, request approval in conformance with the procedures specified in this § 212-39.
G.
Appeal. 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 the Township Engineer.
A.
Enforcement of security. In the event that any improvements
which may be required have not been installed as provided in this
chapter or in accord with the approved final plan, the Board of Supervisors
is hereby granted the power to enforce any corporate bond (or other
security) by appropriate legal and equitable remedies.
B.
Completion by Township. If the proceeds of such bond
or other 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 part
of 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.
C.
Proceeds for installation of improvements. All of
the proceeds, whether resulting from the 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.
D.
Prohibited remedies. The Township shall not:
(1)
Condition the issuance of building, grading or other
permits relating to the erection or placement of improvements, including
buildings, upon the lots or land as depicted upon the final plat upon
the actual completion of the improvements depicted upon the approval
final plat;
(2)
Withhold an occupancy permit for any building if the
streets providing access to such building are improved to a mud-free
or otherwise permanently passable condition and all other improvements
which are depicted upon the plan and are necessary for the reasonable
use or occupancy of the building are completed.
A.
Maintenance agreement required.
(1)
All applicants proposing any subdivision or land development
which provides for the dedication of improvements required by this
chapter or any improvements or amenities which appear on the plan
shall be require to enter into a legally binding maintenance agreement
with the Township prior to acceptance of dedication by the Township.
(2)
The dedication of any improvement shall not be accepted
by the Township prior to the execution of a maintenance agreement
and the delivery of the maintenance guarantee.
B.
Terms of maintenance agreement.
(1)
The maintenance agreement shall be in the manner and
form approved by the Township Solicitor.
(2)
The maintenance agreement shall require the applicant
to make any repair or reconstruction of any improvement stipulated
in the maintenance agreement which is specified by the Board of Supervisors
as necessary by reason of faulty construction, workmanship, or materials
prior to acceptance of such improvement by the Township.
(3)
The maintenance agreement shall require the applicant
to maintain at his own cost all improvements stipulated in the maintenance
agreement for a period not to exceed 18 months from the date of acceptance
or dedication by the Township.
(4)
The maintenance agreement shall 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 plat for a
term not to exceed 18 months from the date of acceptance of dedication.
C.
Public utilities and authorities. 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 regulations of a public utility or municipal authority
separate and distinct from the Township, financial security to assure
proper completion and maintenance thereof shall be posted in accordance
with regulations of the controlling public utility or municipal authority
and shall not be included within the financial security as otherwise
required by this section.
A.
Security. The maintenance guarantee shall be secured
by the credit of any of the following:
(1)
An irrevocable and unconditional letter of credit
of a federal or commonwealth chartered lending institution;
(2)
A restrictive or escrow account in a federal or commonwealth
chartered lending institution; or
(3)
Such other financial security approved by the Board
of Supervisors (which approval shall not be unreasonably withheld).
B.
Terms. Such maintenance guarantee shall be in the
form approved by the Township Solicitor and Supervisors, payable to
the Township, to guarantee the maintenance and repair of the streets
and other improvements in the subdivision for 18 months from the date
of acceptance thereof by the Township.
C.
Amount. The amount of the maintenance guarantee shall
be determined by the Township, but shall not exceed 15% of the actual
cost of installation of such improvements.
D.
Release. After the expiration of 18 months from the
date of acceptance of said improvements, the Township shall release
said maintenance guarantee to the developer (or party posting said
maintenance guarantee) if all improvements are in satisfactory condition.
