A.
The applicant shall agree in writing to construct
all improvements required by this chapter. The work shall be performed
in strict accordance with the approved plans and the Township standards
and specifications or the applicable provisions of the Pennsylvania
Department of Transportation. No plan shall be finally approved until
improvements as required as a condition of final approval of the plan
have been completed or until such time as the applicant has provided
a proper guaranty by the deposit of funds or securities in escrow
equal to an amount deemed necessary by the Township Engineer to cover
the estimated construction cost, engineering cost and other costs
for such improvements.
B.
Such bond or other security shall provide for and
secure to the public the completion of any improvements and construction
of the project in accordance with the approved plan which may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements. The amount of financial
security to be posted for 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.
The Township may annually 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 municipality may require the developer to
post additional security in order to assure that the financial security
equals said 110% of the remaining improvements. Such additional security
shall be posted by the developer in accordance with this section.
C.
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 and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, the procedures set forth in the Pennsylvania Municipalities Planning Code, Article V, Section 509(g), shall be followed.[1]
[1]
Editor's Note: See 53 P.S. § 10509(g).
D.
The applicant shall also guarantee that no lot will
be sold or building constructed in any flood-prone area prior to completion
of all floodproofing measures planned for such lot and necessary access
facilities.
A.
Notice. The Township Engineer shall be notified 48
hours in advance of the commencement of any construction or installation
operation in order that provision may be made for inspection by the
Township. Construction and installation operations shall also be subject
to inspection by Township officials during the progress of the work;
and the supervisor, developer or builder shall pay for all inspection.
B.
Sample of materials. Samples of the materials utilized
in constructing improvements shall be furnished to the Township upon
request. All certification slips for materials delivered to the job
site shall be kept on file at the site and shall be available for
inspection by the Township.
A.
A bond or escrow funds shall be released only upon
complete installation of the required improvements in accordance with
the approved improvement construction plan and upon proper notice
by the developer. The Board of Supervisors shall notify the developer,
within 15 days of receipt of the Engineer's report, in writing, by
certified or registered mail, of its actions in response to the Township
Engineer's review of improvements.
B.
The applicant shall reimburse the Township for the
reasonable and necessary expense incurred for the inspection of such
improvements. Such reimbursement shall be based upon a schedule adopted
by resolution and shall be reasonable and in accordance with the ordinary
and customary fees charged by the Township Engineer or consultant
for work performed for similar services in the Township, and in no
event shall the fees exceed the rate or cost charged by the Township
Engineer or consultant to the Township when fees are not reimbursed
or otherwise imposed on applicants. In the event that the applicant
disputes the amount of such expense in connection with inspection
of improvements, the procedure set forth in the Pennsylvania Municipalities
Planning Code (Act 247, as amended), Section 510(g), Subsections (1)
through (5), shall be adhered to.[1]
[1]
Editor's Note: See 53 P.S. 10510(g)(l) through
(5).
C.
If the required improvements are not completely installed
within the period fixed or extended by the Board, the Board shall
declare the performance bond or other security in default and authorize
the Township to collect the amount payable thereunder. Upon receipt
of such amount the Township shall install such improvements as were
covered by the bond or security and are commensurate with the extent
of building development which has taken place in the subdivision or
land development, but not exceeding in cost, however, the amount collected
upon the bond.
A.
The applicant shall tender a deed of dedication to
the Township or appropriate authority for such streets, any and all
easements for sanitary sewers or storm sewers and improvements thereto,
including street paving, curbs, sidewalks, shade trees, monuments,
sanitary and storm sewers, manholes, inlets, pumping stations and
other appurtenances as shall be constructed as public improvements
and as are required for the promotion of public welfare, after all
streets, curbs, sidewalks and sewers are completed and such completion
is certified as satisfactory by the Township Engineer.
B.
The dedication resolution requirements set forth below
in the model dedication resolution shall be met:
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WHEREAS, the Township of Doylestown has received
a request from the developer of (name of subdivision/land development)
to accept dedication of certain public improvements contained therein;
| |
|
WHEREAS, the Pennsylvania Municipalities Planning
Code requires the Township of Doylestown to accept dedication of said
public improvements so long as the conditions precedent have been
complied with and the public improvements are ready for dedication.
| |
|
NOW THEREFORE, be it resolved and enacted by
the Board of Supervisors of the Township of Doylestown and it is hereby
resolved and enacted by the authority of same as follows:
|
(1)
Doylestown Township herein accepts dedication of the
improvements known as (name of improvements) located in the (name
of subdivision/land development) and the said Township further authorizes
the recording of a deed of dedication with the Bucks County Recorder
of Deeds' office upon the following conditions:
(a)
The certification from the Township Engineer
that the improvements to be dedicated are ready for dedication;
(b)
The receipt of a title insurance policy naming
the Township of Doylestown as the insured owner in the amount of $10,000,
which said title insurance policy certifies that the Township is receiving
the improvements to be dedicated hereunder free and clear of any liens
and that all taxes and other claims which may be outstanding against
the said public improvements have been paid and satisfied;
(c)
The payment of all outstanding bills and obligations
to the Township by the developer, including those anticipated by virtue
of the dedication of the public improvements contemplated herein;
(d)
All buildings are occupied with a final certificate
of occupancy, and there are no outstanding temporary certificates
of occupancies for any buildings constructed in the development;
(e)
Receipt by the Township of a certificate from
the developer's engineer, which said certification shall verify that
all lot corners and monuments have been marked and placed in the field
in accordance with the approved subdivision plan, which said certification
shall be subject to the approval of the Township Engineer; and
(f)
The installation of stop signs and other traffic
regulation signs at appropriate locations.
(2)
The Township Solicitor and the Township Manager are
herein authorized on behalf of the Board of Supervisors to file with
the Recorder of Deeds' office of Bucks County the deed of dedication
upon the satisfactory completion of all conditions as set forth herein.
(3)
This resolution was passed at a regular meeting of
the Board of Supervisors of Doylestown Township on the _____ day of
____________________, 19_____.
A.
Conditions. The Township shall have no obligation
to take over and make public any street or other improvement unless:
(1)
The required improvements, utility mains and laterals
and monuments shown on an approved plan or plans have been constructed
to all requirements.
(2)
It is established to the satisfaction of the Board
of Supervisors that there is a need for the improvements to be taken
over and made public.
(3)
An information certificate showing the state of the
title of all improvements, issued by a title insurance company, is
supplied to the Township.
(4)
A deed of dedication to the Township and release of
mortgage or other liens executed by all parties shown on the certificate
to have an interest in the improvements is delivered to the Township.
(5)
A maintenance bond for a period of 18 months from
the date of acceptance, in the amount of 15% of the cost of construction,
with surety satisfactory to the Board of Supervisors, is supplied.
B.
Acceptance. The Township shall have no responsibility
with respect to any street or other improvement, notwithstanding the
use of the same by the public, unless the street or other improvement
is accepted by an ordinance or resolution of the Board of Supervisors.
C.
Guaranty. The applicant shall guarantee for a period
of 18 months from the date of the ordinance or resolution accepting
dedication to maintain the stability of all materials and work and
to promptly make good and replace all poor or inferior materials and
work and to remedy all defects in materials or workmanship, all shrinkage,
settlement or other faults of any kind whatsoever arising therefrom,
at his own expense and to the satisfaction of the Township Engineer,
and, in order to secure the guaranty as herein required, the Township
shall be assured by means of a proper guaranty in the form of a bond,
with surety satisfactory to the Township, or the deposit of funds
or securities in escrow in an amount equal to 15% of the completion
guaranty posted by the owner with the Township.
Certain improvements beyond the geographical
boundaries of the site to be subdivided and/or developed, including
but not limited to road improvements, may be required to be constructed
where it can clearly be demonstrated that such improvements have been
made necessary solely through the additional burden imposed by the
subdivision and/or development of the site. The Township Board of
Supervisors shall render final judgment in any instances where a dispute
arises as to the direct causal relationship for the improvement(s).
The subdivider or developer may be required to cover costs which must
be incurred by the Township or other governmental jurisdiction in
order to make these improvements feasible (for example, but not limited
to, right-of-way acquisitions). The legal and financial arrangements
to cover the costs of the off-site improvements shall be the same
as those herein prescribed for on-site improvements.
