A.
No plan shall be finally approved unless the streets shown on such
plan have been improved as may be required by this chapter and any
walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm drains, stormwater management
facilities or other improvements as may be required by this chapter
have been installed in accordance with this chapter, except that the
surface course of streets shall not be completed until such time as
90% of the lots in the subdivision or land development have been improved
by the construction of a dwelling, if approved for residential development,
or by the construction of the proposed commercial or industrial structures
if the lots are approved for such uses. In lieu of completion of the
surface course of streets, as well as in lieu of completion of other
improvements required as a condition for final plan approval of a
plan, at the discretion of the developer, such developer may deposit
with the Township, as applicable, a letter of credit or other financial
security authorized by the Municipalities Planning Code and acceptable
to the Board of Supervisors in an amount equal to 110% of the estimated
cost of the required improvements at a time 90 days following the
date scheduled for completion of the respective improvements by the
developer. The estimated cost of the surface course shall be computed
separately from the estimated cost of completing the other improvements
and shall be based upon the developer's projected timetable for
completion of the development.
B.
The amount of financial security shall be determined and annually
adjusted in accordance with all applicable requirements of the MPC.
C.
Where public sewer service and/or public water service is proposed
by a plan, the developer shall post financial security with the public
sewer provider and/or public water provider, as applicable. No plan
shall be released for recording until the public sewer provider and/or
public water provider, as applicable, have confirmed receipt of the
financial security required under applicable statutes and regulations.
D.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Township to release
or authorize the release of, from time to time, such portions of the
financial security necessary for the payment to the contractor or
contractors performing the work. Any such request shall be in writing,
addressed to the Board of Supervisors, and the Board of Supervisors
shall have 45 days from the receipt of such request to allow the Township
Engineer to certify, in writing, to the Board of Supervisors that
such portion of the work has been completed in accordance with the
approved plat. Upon such certification, the Board of Supervisors shall
authorize release from the required financial security of an amount
as estimated by the Township Engineer as representing the value of
the work completed.
E.
The value of the work completed shall be determined by subtracting
110% of the estimated cost of the completion of the remaining uncompleted
work from the total amount of security deposited.
F.
At such time as 90% of the lots in the subdivision have been improved
as set forth above or, if at the expiration of three years from the
date all of the improvements, excepting the surface course, have been
completed, less than 90% of the lots have been so improved, the Township
may notify the developer to complete the surface course within 60
days from the date of such notice. In computing the sixty-day requirement,
the period from October 1 to April 1 shall not be counted.
G.
If at the time the surface course is completed, 90% of the lots are
not improved as set forth above, the developer must:
(1)
Post with the Township financial security in an amount equal to 15%
of the reasonable cost of the surface course as security to guarantee
that damages to the road or street would not occur during the completion
of the improvements on the unimproved lots in such developer's
subdivision or land development. The Township shall hold such financial
security and utilize it to pay for the repair of any damage occurring
to the road during the period between the commencement of improvements
on any particular unimproved lot and the completion of such improvements,
irrespective of whether or not it can be established that the damage
to the road was caused by contractors or other persons working in
and about the construction of such improvements; or
(2)
Present to the Township agreements signed by the owners of all of
such unimproved lots pursuant to which they will agree to pay to the
Township the cost of repairing any damage occurring to roads in such
subdivision during the period between the commencement of work on
the improvements to their lot and the completion of such improvements
irrespective of whether or not it can be established that such damage
was caused by contractors or other persons involved in the improvement
of their respective lot.
A.
When the developer has completed all of the improvements as shown on the final plans, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements, enclosing therewith certification by the engineer responsible for the design of the improvements that they have been installed as designed and shall send copies of the notice and certification to the Township Engineer. The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall thereupon file a report, in writing, with the Board of Supervisors and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Supervisors. Said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements or any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of the reasons for such nonapproval or rejection. Improvements shall not be considered completed unless the developer can demonstrate compliance with the requirements of this chapter, Chapter 113, Stormwater Management, Chapter 116, Streets and Sidewalks, and all other applicable ordinances, statutes and regulations. Improvements shall also not be considered complete until as-built plans of all improvements to be dedicated to the Township and of all streets, whether or not such streets shall be dedicated, have been submitted to the Township, as applicable.
B.
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 action with relation thereto. If the Board
of Supervisors or the Township Engineer fails to comply with the time
limitation provisions contained herein or such time limitations as
contained in the Municipalities Planning Code, whichever requirements
shall contain a longer time period for action by the Township, all
improvements will be deemed to have been approved and the developer's
posted financial security shall be released.
C.
If any portion of said improvements shall not be approved or shall
be rejected by the Board of Supervisors, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification
as outlined herein shall be followed.
D.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question, by legal proceedings
or otherwise, any determination of the Board of Supervisors or the
Township Engineer.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Board of Supervisors may enforce any
letter of credit or other financial security by appropriate legal
and equitable remedies. If proceeds of such financial security are
insufficient to pay the cost of installing or making repairs or corrections
to all the improvements covered by said security, the Board of Supervisors
may, at its option, install such improvements in all or part of the
subdivision or land development and may institute appropriate legal
or equitable action or recover the moneys necessary to complete the
remainder of the improvements. All of the proceeds, after deducting
the costs of collection, whether resulting from the financial security
or from any legal or equitable action brought against the developer,
or both, shall be used solely for the installation of the improvements
covered by such security and not for any other Township purpose.
The Township shall inspect the improvements during construction. The developer shall pay the cost of any such inspection in accordance with the provisions of Article V of the Municipalities Planning Code. The developer shall provide at least 24 hours' notice prior to the start of construction of any improvements that are subject to inspection. The developer shall allow representatives of the public sewer provider and/or public water supplier to perform inspections during the course of construction where public sewer service and/or public water service is proposed.
A.
The offer to dedicate streets, parks or other areas or portions of
them does not impose any duty upon the Township concerning maintenance
or improvement until the proper authorities of the Township have made
actual acceptance of the dedication by ordinance or resolution or
by entry or improvement.
B.
Where the Township accepts dedication of all or some of the required improvements following completion, the Township may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term of 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in § 119-41 of this chapter with regard to installation of such improvements, and the amount of such financial security shall not exceed 15% of the actual cost of the installation of said improvements.
The developer shall maintain all streets in the subdivision
or development in travelable condition, including the prompt removal
of snow therefrom, until such time as the streets are accepted by
the Township as part of the Township highway system or, if such streets
are not to be dedicated, until a homeowners' association or other
entity responsible for the maintenance of the streets has been formed.
Recording of the final plan after approval of the Planning Commission
has the effect of an irrevocable offer to:
