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."
A.
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:
(1)
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]
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
B.
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.[1] If the developer requires more than one year from the
date.
[Amended 10-22-1990 by Ord. No. 90-49]
[1]
Editor's Note: See 53 P.S. § 10509(g).
C.
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.
D.
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]
