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 is assured, by means of a proper contract containing, among other items, performance and maintenance guaranty, that the improvements will subsequently be installed by the owner and/or applicant, hereinafter referred to as the "developer."
In all cases where the necessary grading, paving and other subdivision improvements (including both public and private improvements) required herein shall not have been installed 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 Solicitor, wherein the developer shall agree, to the extent applicable:
To 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; street tree and buffer plantings; lighting; fire hydrants; water mains; sanitary sewer, 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 and preservation; 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 9-19-1994 by Ord. No. 94-21]
To deposit, with the Township, financial security in an amount sufficient to cover the cost of all subdivision improvements (including both public and private improvements). 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 a commonwealth-chartered lending institution, a restrictive/escrow account in the name of the Township with a federal or commonwealth lending institution, a corporate surety bond from a bonding company authorized to do business within the commonwealth 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 Delaware County venue in the event of legal action. The financial security shall provide for and secure to the public the completion of all subdivision improvements for which the security is being posted within one year of the date fixed in the subdivision plan or subdivision agreement for completion of the improvements. The amount of financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted. The cost of the improvements shall be established by submission to the Township Engineer of a bona fide bid or bids from the contractor or contractors chosen by the developer to complete the improvements or, in the absence of such bona fide bids, the cost shall be established by an estimate prepared by the applicant's engineer and approved by the Township Engineer. 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.
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.
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 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.
As the work of installing the required improvements proceeds, the developer may request the Township Engineer 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 addressed to the Township Engineer, and the Township Engineer shall have 45 days from receipt of such request within which to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Township Engineer 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 Township Engineer may, prior to final release at the time of completion and certification, 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 applicant, but shall certify his independent evaluation of the proper amount of partial releases.
To 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.
To 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.
To reimburse the Township promptly for reasonable attorneys' and engineers' inspection fees and fees for other professionals employed by the Township to review, inspect or process subdivision and land development plans.
The developer shall, when the improvements are completed to the satisfaction of the Township Engineer, dedicate said streets and/or other parcels, together with any improvements thereunder or thereupon, to the Township by an agreement in a form approved by the Township Solicitor, which agreements shall include a reference to a plan of the streets and/or other parcels dedicated. The financial security shall provide for and secure to the public the completion of all required improvements for which the security is being posted on or before the date fixed in the Board's formal action of approval or accompanying agreement for completion of improvements. The amount of financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted. The amount of such cost shall be that estimated as of 90 days following the date scheduled for completion by the developer. The Township may adjust annually 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 the terms of this section. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the applicant or developer and prepared by a professional engineer, licensed as such in Pennsylvania, and certified by such engineer to be a fair and reasonable estimate of such cost. The Board, 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, then the estimate shall be determined in accordance with the terms of Section 509(g) of the Municipalities Planning Code. If the developer requires more than one year from the date.
[Amended 10-22-1990 by Ord. No. 90-49]
Editor's Note: See 53 P.S. § 10509(g).
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), the developer shall 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 A(2) 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.
When the developer has completed all of the necessary and appropriate improvements, he shall notify the Board of Commissioners, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board shall, within 10 days following receipt of such notice, direct and authorize the Township Engineer or his designate to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Board and shall promptly file a copy of the same to the developer by certified mail. The report shall be made and mailed within 30 days following receipt by the Township Engineer of the aforesaid authorization from the Board; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part. If said improvements or any portion thereof shall be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Approval of improvements shall not be given until all construction debris has been removed from the site; no such debris shall be buried, burned or otherwise disposed of on the site. The Board shall notify the developer, within 15 days of receipt of the Township Engineer's report, in writing, by certified mail of the action of the Board with regard to approval, nonapproval or rejection of the improvements. If any portion of said improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete those improvements and, upon completion, the same procedure of notification as outlined herein shall be followed.
[Added 10-22-1990 by Ord. No. 90-49]