The requirements of this article shall apply to all applicants submitting a final plan for subdivision or land development in Lower Frederick Township. For additional details regarding these requirements, please refer to Article
III of this chapter; Plan Submission Requirements and Processing Procedures.
In lieu of the completion of improvements required
for final plan approval, financial security, in an amount and type
sufficient to cover the costs of the improvements, and inspections
and review by the Township Engineer, Solicitor, Building Inspector
and other consultants and staff of the Township shall be guaranteed
to the Township in compliance with the applicable requirements of
the Pennsylvania Municipalities Planning Code. All improvements for
which financial security is being posted shall be completed on or
before the date fixed in the subdivision plat, subdivision agreement,
and/or development agreement for completion of such improvements.
The Board of Supervisors may release all or
parts of the posted financial security as completion of improvements
proceeds, in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code.
A. Incomplete improvements. If the required improvements
are not completely installed within the period fixed or extended by
the Board of Supervisors, the Board of Supervisors may declare the
financial security in default to collect the amount payable thereunder.
The collected security shall be used to complete the improvements
in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code.
B. Postcompletion security. The applicant shall be responsible for maintenance of all improvements until they are offered for dedication and accepted by the Township, and 10% of the financial security may be held back until a maintenance guarantee has been posted by the applicant, as required in §
145-59 herein.
Certain improvements beyond the geographical boundaries of a 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 Board of Supervisors shall render final judgement in any instances where a dispute arises as to the direct causal relationship for the improvement(s) after receiving the advice of the Township Engineer and Solicitor, and/or other experts. 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. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in §
145-54.
When the Board of Supervisors accepts dedication
of required improvements following their completion, the Board shall
require posting of financial security by the applicant to secure the
structural integrity and functioning of these improvements in accordance
with the design and specifications as depicted on the approved final
plan.
A. Said financial security shall be of the same type as otherwise required by §
145-54, herein.
B. The amount of financial security shall be 15% of the
actual cost of installation of the improvements, or as further specified
in a developer's agreement.
C. The term of the guarantee shall be 18 months from
the date of acceptance of dedication.
Where the maintenance of improvements is to
be the responsibility of individual lot owners, a homeowners' association
or similar entity, or an organization capable of carrying out maintenance
responsibilities, the Board of Supervisors shall require that maintenance
responsibilities be set forth in perpetual covenants or deed restrictions
binding on the landowners' successors in interest, and may further
require that an initial maintenance fund be established in a reasonable
manner.