In the event that any improvements which may
be required under this chapter have not been installed as provided
in this chapter or in accordance with the approved final plan, the
Board of Supervisors may enforce the bond or other security by appropriate
legal and equitable remedies. 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 such bond
or security, the Board of Supervisors may, at its option, install
or repair part of such improvements in all or part of the subdivision
or land development and may institute appropriate legal or equitable
action to recover from the land developer the moneys necessary to
complete said improvements. All of the proceeds, whether resulting
from the security or from legal or equitable action brought against
the landowner or developer or both, shall be used solely for the installation
of improvements covered by such security.
Upon completion of the construction of improvements
in accordance with the approved subdivision and/or land development
plan, the following conditions shall apply to the offer of dedication
of the same and the acceptance thereof:
A. The Board of Supervisors shall have no obligation
to take over and make public any street or other improvement in or
abutting a subdivision or land development. If the Board of Supervisors
elects to accept an offer of dedication, such acceptance shall not
occur unless and until:
(1) The required improvements and monuments, as shown
on the approved subdivision and/or land development plan, conservation
plan and improvements construction plan, shall have been certified
by the Township Engineer as having been constructed and installed
in accordance with the provisions of this chapter and all other ordinances,
codes, regulations, plans and maps of the Township and accurately
delineated on an as-built plan.
(2) A maintenance guaranty is provided through the posting of financial security, such as that deemed to be acceptable to the Township as set forth in §
160-71A. Such guaranty shall assure the structural integrity of required improvements, as well as the functioning of said improvements, in accordance with the design and specifications as depicted on the approved final plans for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be in an amount equivalent to 15% of the actual cost of installation of the required improvements.
(3) A deed or deeds of dedication for all such improvements,
prepared and executed by the landowner or developer in accordance
with forms prescribed by the Board of Supervisors, shall have been
presented to the Board of Supervisors, together with a certificate
from the contractor or contractors evidencing the payment of all labor
and material costs and a policy of title insurance insuring the fee
title to said improvements as free and clear of all liens and encumbrances
and other objections to the title.
(4) At least 50% of all lots having access to the street
has been encompassed by completed dwellings, and the Board of Supervisors
shall determine that the public interest requires that such improvements
be accepted.
(5) Any offer of a deed of dedication must be accompanied
by a maintenance bond and the as-built plan(s) at least 90 days prior
to the anticipated date for the acceptance of the deed of dedication.
B. The Board of Supervisors shall have no responsibility
with respect to any improvements, notwithstanding any public use thereof,
unless and until such improvements are accepted for dedication by
duly enacting or adopting an ordinance or resolution therefor.