Before approving any subdivision or land development plan for
recording, the Board of Commissioners shall either require that the
necessary grading, paving and other improvements, as herein specified,
shall have been installed in strict accordance with the standards
and specifications of the Township or that the Township be assured
by means of a proper contract, containing among other items, performance
and maintenance guaranties that the improvements will subsequently
be installed by the owner and/or applicant, hereinafter referred to
as the "developer."
[Amended 8-16-1989 by Ord. No. 387]
In all cases where the necessary grading, paving and other subdivision or land development improvements, including both public and private improvements, or fees required pursuant to §§
180-8,
180-52 and
180-79 herein shall not have been installed or paid in strict accordance with the standards and specifications of the Township prior to the Township approving any subdivision or land development plan for recording, the developer shall enter into a written agreement with the Township in the manner and form approved by the Township Solicitor wherein the developer shall agree, to the extent applicable, to:
A. Construct or cause to be constructed at his own expense all streets,
roadways, cartways, driveways, monuments, street signs and street
names, off-street parking/parking lots, curbs, sidewalks, parking
lot and buffer plantings, lighting, fire hydrants, water mains, sanitary
sewers (including capped sewers), storm sewers, drainage and erosion
control improvements, including but not limited to stormwater detention
and/or retention basins and other related facilities, recreation facilities,
open space improvements, tree protection zone improvements and other
improvements shown on the approved subdivision or land development
plan, all in strict accordance with the standards and specifications
of the Township and within the time specified in said agreement.
[Amended 4-18-1990 by Ord. No. 394]
B. Deposit with the Township financial security in an amount sufficient
to cover the cost of all subdivision or land development improvements,
including both public and private improvements.
(1) Unless otherwise permitted by the Pennsylvania Municipalities Planning
Code, as amended, the financial security shall be posted contemporaneously
with the execution of the agreement, in the form of either an irrevocable
letter of credit with a federal or commonwealth lending institution,
a corporate surety bond from a bonding company authorized to do business
within the commonwealth, a restrictive escrow account in the name
of the Township with a federal or commonwealth chartered lending institution
or such other type of financial security which the Board of Commissioners
may approve in an amount to be approved by the Township Engineer.
The bonding company may be chosen by the developer, provided that
the bonding company shall stipulate that it submits to Pennsylvania
jurisdiction and Montgomery County venue in the event of legal action.
(2) The financial security shall provide for and secure to the public
the completion of all subdivision or land development improvements
for which the security is being posted on or before the date fixed
in the formal action of approval or accompanying agreement for completion
of the improvements.
(3) The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Township may adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for
the 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 said 110%. Any
additional security shall be posted by the developer in accordance
with this section.
(4) The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements submitted
by an applicant or developer and prepared and certified by an engineer
to be a fair and reasonable estimate of such cost. The Board of Commissioners,
upon the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Board of Commissioners are unable to agree upon an estimate,
then the estimate shall be recalculated and recertified pursuant to
the provisions of the Pennsylvania Municipalities Planning Code.
(5) If the developer requires more than one year from the date of the
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. Contribution toward costs.
(1) Pay to the Township a sum to be used as a contribution toward the
cost of:
(a)
Street improvements throughout the Township.
[1]
The purpose of said contribution is to defray the increased
cost to the Township of street construction, repair and maintenance
necessitated by the impact of the subdivision or land development
on streets within the Township.
[2]
For residential subdivisions "and land developments, said contribution
shall be calculated on a per-dwelling-basis. For commercial, office
and industrial subdivisions and land developments, said contribution
shall be calculated on the basis of the total floor area of all floors,
including storage areas, in any new building, including additions
and renovations. The amount of the contributions shall be determined
by resolution of the Board of Commissioners.
[3]
There is hereby established a Highway Improvement Capital Fund
account under the exclusive control of the Township into which said
contributions shall be deposited and, thereafter, from which disbursements
shall be made to satisfy the cost of necessary improvements.
[4]
All roadway contributions required by the Board of Commissioners
shall be paid upon execution of the improvements agreement, prior
to the recording of the record plan.
(b)
Parklands or recreational facilities accessible to the subdivision.
[1]
The purpose of said contribution is to defray the increased
cost to the Township of providing parklands or recreational facilities
necessitated by the impact of the subdivision or land development.
[2]
For residential subdivisions and land developments, said contribution
shall be calculated on a per-dwelling-unit basis. The amount of the
contributions shall be determined by resolution of the Board of Commissioners.
[3]
All such contributions required by the Board of Commissioners
shall be paid upon execution of the improvements agreement, prior
to the recording of the record plan.
(2) In the case where a development is projected over a period of years,
the Board of Commissioners may authorize submission of final plans
by sections or stages of development, subject to such requirements
or guaranties 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.
(3) If water mains, sanitary sewer lines or electric service, 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 municipality,
financial security to assure proper completion and maintenance thereof
shall be posted in accordance with the regulations of the controlling
public utility or municipal authority and shall not be included within
the financial security as otherwise required by this section.
(4) As the work of installing the required improvements proceeds, the
developer 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. Any such request shall be in writing and addressed to the
Board of Commissioners, 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, that such portion of the work upon
the improvements has been completed in accordance with the approved
plans. Upon any 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 fairly representing
the value of the improvements completed. 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. The Township Engineer, in certifying
the completion of work for a partial release, shall not be bound to
the amount requested by the developer but shall certify to the Board
of Commissioners his independent evaluation of the proper amount of
partial release.
D. Make adequate provisions with the Township Engineer for the inspection
of the construction of the aforesaid improvements to assure strict
compliance with Township standards and specifications.
E. Pay all costs, charges or rates of the utility furnishing fire hydrant
and electric service for the fire hydrants and streetlighting facilities
installed by the developer until such time as the streets shown on
the subdivision and/or land development plans shall have been accepted
or condemned by the Township for public use and to indemnify and save
harmless the Township from and against all suits, actions, claims
and demands for electric service and fire hydrant service as aforesaid,
or any part thereof, to the time that said streets shall be accepted
or condemned as public streets in the manner hereinabove set forth.
F. Reimburse the Township promptly for:
(1) Reasonable attorneys' and engineers' inspection fees.
(2) Fees for other professionals employed by the Township to review,
inspect or process subdivision and land development plans.
(3) An administrative charge, representing 10% of the attorney's,
engineer's and other professionals' fees.
G. When the improvements are completed to the satisfaction of the Board
of Commissioners, dedicate said streets and/or other parcels, together
with any improvements thereunder or thereupon, to the Township by
a deed in a form approved by the Township Solicitor, which deed shall
include a reference to a plan of the streets and/or other parcels
dedicated. Title thereto shall be clear title and be such as will
be insurable by a reputable title insurance company of Pennsylvania
at regular rates; all costs in connection therewith are to be borne
by the developer.
H. Where the Board of Commissioners accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), post financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as authorized in Subsection
B above and shall be for a term of 18 months from the date of the acceptance of dedication and shall be in an amount equal to 15% of the actual cost of installation of the improvements so dedicated. The percentage used to determine the amount of the maintenance guaranty may be increased if all lots in the subdivision or land development do not have dwellings or other principal buildings erected thereon prior to acceptance of dedication.