A.
Prior to Final Plan approval, the Supervisors shall
require the applicant to install all improvements, both public and
private, or to furnish the Township financial security to cover the
costs and guarantee the installation of all improvements. Improvements
shall be developed in conformance with the Final Plan and all applicable
Township ordinances and regulations, and in accordance with applicable
state and federal laws. The applicant shall not be released from all
or portions of the guarantee until all improvements or portions thereof
are inspected and found to be properly installed and properly functioning
in compliance with Township, state and federal laws and ordinances
as determined by the Township Engineer.
B.
Financial security required to cover the cost of all
improvements shall be in the form of a restrictive or escrow account
with a federal or commonwealth chartered lending institution or such
other type of financial security authorized by the Pennsylvania Municipalities
Planning Code, Act 247 as amended and revised.
C.
The financial security shall provide for, and secure
to the public, the completion of all improvements for which the security
is being posted on or before the date of the formal action of Township
approval or accompanying agreements for completion of the improvements.
Any financial security agreement shall require that, where the Township
Board of Supervisors has not determined the completion of all improvements,
as of the required completion date, the Township shall immediately
receive in cash the full amounts guaranteed by the escrow account
or other financial security, unless the Township Board of Supervisors,
in its discretion, agrees in writing to an extension or other amendment
to the financial security agreement.
D.
The amount of financial security to be posted for
the completion of the required improvements shall be equal to 110%
of the cost of completion estimated as of 90 days following the date
scheduled for completion by the applicant.
(1)
The amount of financial security required shall be
based on an estimate of the cost of completion of the required improvements.
This estimate shall be prepared by a professional engineer licensed
as such in the Commonwealth of Pennsylvania and determined to be a
fair and reasonable estimate of such costs. The Township, upon recommendation
of the Township Engineer, may refuse to accept the estimate for good
cause.
(2)
If the applicant or the applicant's agent, and the
Township, are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed in the Commonwealth of Pennsylvania and chosen mutually by
the Township and the applicant or applicant's agent. The estimate
certified by the third engineer shall be presumed fair and reasonable
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the services shall be paid equally by the Township
and the applicant or applicant's agent.
E.
The Township may adjust the amount of financial security
on an annual basis by comparing the actual cost of the improvements
which have been completed to date, and the estimated cost of completing
the remaining improvements as of the expiration date or a rescheduled
completion date.
(1)
Any adjustment of the amount of financial security
shall consider, among other things, the cost of completing unfinished
improvements, and the cost of correcting foreseen and unforeseen problems
that have arisen during development. Subsequent to said adjustment,
the Township may require the developer to post additional security
in order to ensure that the financial security equals 110% of the
remaining improvements. Any additional security shall be posted by
the developer in accordance with this subsection.
(2)
If the applicant or applicant's agent requires more
than one year from the date of the posting of the financial security
to complete the required improvements, the amount of the financial
security may be increased by an additional 10% for each one-year period,
or portion thereof, beyond the first anniversary date from the posting,
or to an amount not exceeding 110% of the cost of completing the remaining
improvements.
F.
When requested by the applicant or applicant's agent,
in order to facilitate financing, the Township Board of Supervisors
shall furnish a signed copy of a resolution indicating approval of
the Final Plan contingent upon the applicant or applicant's agent
obtaining a satisfactory financial security. The Final Plan shall
not be signed or recorded until the financial improvements agreement
is executed. The resolution or letter of contingent approval shall
expire and be deemed to be revoked if the financial security agreement
is not executed within 90 days unless a written extension is granted
by the Board of Supervisors; such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the applicant.
G.
In a case where development is projected over a period
of years, the Township may authorize submission of Final Plans by
section or stages of development, subject to such requirements or
guarantees as to improvements in future sections or stages of development
it finds essential for the protection of any finally approved section
of the development.
H.
If any utility systems 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 Township,
financial security to ensure 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 the Township.
I.
As the work of installing the required improvements
proceeds, the applicant or applicant's agent may request the Board
of Supervisors to release or authorize the release from time to time,
such portions of the financial security necessary for payment to the
contractor or contractors performing the work.
(1)
Any such request shall be in writing addressed to
the Board of Supervisors. The Board shall have 45 days from receipt
of such request within which to allow the Township Engineer to determine,
in writing, that such portion of the work on the improvements has
been completed in accordance with the approved plans and agreements.
(2)
Upon such determination, the Board of Supervisors
shall authorize release by the bonding company or lending institution
of an amount as estimated by the Township Engineer as fairly representing
the value of the improvements completed.
(3)
The Township Engineer, in determining the completion
of the work for a partial release, shall not be bound to the amount
requested by the applicant, but shall convey to the Board his independent
evaluation of the proper amount of releases. The Board of Supervisors
may, prior to final release at the time of completion and certification
by the Township Engineer, require retention of 10% of the estimated
cost of the aforesaid improvements.
A.
The applicant or applicant's agent shall construct
all roads, together with all other improvements including, but not
limited to, grading, paving, curbs, gutters, sidewalks, street lights,
fire hydrants, water mains, street signs, shade trees, storm drainage
facilities, sanitary sewers, landscaping, traffic control devices,
open space and restricted areas, and stormwater management. All construction
shall be in conformance with the Final Plan, the applicable provisions
of the Pennsylvania Department of Transportation Specifications, Form
408, the latest revision, and all other applicable regulations
A.
The Township Engineer shall be notified by the applicant
or applicant's agent at least two working days before the start of
construction of any improvements requiring inspection. The construction
or installation of all improvements shall at all times be subject
to inspection by the Township, who shall determine that such improvements
comply with approved plans. If such inspection reveals that work is
not in accordance with approved plans and specifications, that construction
is not being done in a workmanlike manner, or that stormwater management
and erosion control facilities are failing to prevent accelerated
erosion or waterborne sediment from leaving the site of construction,
the said representatives may be empowered to require corrections to
be made, and/or the suspension of subdivision approval, and to issue
a cease-and-desist order which may include any or all of the following
sanctions:
B.
The said cease and desist order shall be terminated
upon determination by the Township that the said defects or deviations
from plan requirements have been corrected.
C.
After commencement of initial earthmoving operations,
the Township Engineer or his designee shall inspect at the following
milestones in the development of the site, or at each stage thereof.
The Township Engineer may make random inspections as deemed necessary
and appropriate.
(1)
Upon completion of stripping, the stockpiling of topsoil,
the construction of temporary stormwater management and erosion control
facilities, disposal of all unsuitable materials, and preparation
of the ground.
(2)
Upon completion of rough grading, but prior to placing
topsoil, installing permanent drainage or other site improvements,
or establishing covers.
(3)
During construction of the permanent facilities, at
such time(s) as specified by the Township Engineer.
(4)
Upon completion of permanent stormwater management
facilities, including established ground covers and planting for that
purpose.
(5)
Upon completion of final grading, vegetative control
measures, and all other site restoration work undertaken in accordance
with the approved plan and permit.
D.
No underground pipes, conduits, cables, structures,
subgrades or base course shall be covered until inspected and approved
by the Township Engineer or designee. A minimum of seven inspections
shall be required. The applicant or applicant's agent shall be responsible
for arranging for other inspections that may be required by another
agency or entity These inspections shall occur at the following times:
(1)
Upon excavation and completion of subgrade.
(2)
Upon excavation, installation and completion of drainage
structures, community sewage systems and water supply systems, and
other utilities.
(3)
During backfill.
(4)
Before placing first base course and between subsequent
base courses.
(5)
Before binder course.
(6)
Before wearing course.
A.
When the applicant or applicant's agent has completed
all of the required improvements, the developer shall notify the Board
of Supervisors 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 of Supervisors shall, within 10
days of receipt of such request, direct and authorize the Township
Engineer to inspect all the aforesaid improvements.
(1)
The Township Engineer, following the inspections,
shall file a report in writing with the Board of Supervisors, and
shall promptly mail a copy of the same to the applicant or the applicant's
agent by certified or registered mail.
(2)
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.
(3)
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 reasons for such rejection. The Township Engineer shall
maintain a permanent file of his inspections.
B.
Within 15 days of receipt of the Township Engineer's report, as provided in Subsection A, the Board of Supervisors shall notify the applicant or applicant's agent by certified or registered mail, of the action of the Board of Supervisors with relation to the approval, nonapproval, or rejection of improvements.
C.
If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the applicant or applicant's agent shall proceed to complete or correct same and, upon completion, the same procedure of notification as outlined in Subsection A shall be followed.
D.
The applicant or applicant's agent shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Township, and 10% of the performance guarantee shall be held back until a maintenance guarantee, as provided for in § 320-28, has been posted and as-built plans are verified and accepted by the Township.
[Amended 3-28-2005]
Within 30 days after completion and approval
by the Board of Supervisors of the subdivision and land development
improvements as shown on the Final Plan, and before the acceptance
of such improvements, the applicant shall submit to the Board of Supervisors
a corrected copy of said plans indicating actual dimensions and conditions
of streets and all improvements, determined by a professional engineer,
to be in accordance with actual construction. The submission shall
be by providing to the Township Manager one Mylar copy, three paper
copies, and the complete plan in CAD form compatible to the Township
format.
A.
Upon completion of any public improvements shown on
an approved Subdivision Plan and within 90 days after approval of
such public improvements as herein provided, the applicant or applicant's
agent shall submit a written offer of such public improvements for
dedication to the Township.
(1)
Said offer shall include a Deed of Dedication covering
said public improvements, together with a copy of a title insurance
policy establishing the applicant's clear title to said property.
Such documents are to be filed with the Township Manager for review
by the Township Solicitor.
(2)
Deeds of Dedication for public improvements may be
accepted by resolution of the Board of Supervisors at a regular Board
meeting thereof. Prior to acceptance of dedication, the Board of Supervisors
may require that at least 75% of the lots in any approved subdivision
or development (or phase thereof, if Final Plan approval has been
in phases) have been issued certificates of occupancy for dwellings
occupied therein.
(3)
Should the above-mentioned roads or streets, even
though constructed according to these specifications, deteriorate
before the said 75% of the lots have dwellings occupied thereon, such
roads or streets shall be repaired in a manner acceptable to the Township
Board upon recommendation of the Township Engineer before being accepted
by the Township.
B.
The Board of Supervisors may require that permanent
stormwater facilities or other subdivision and land development improvements
remain not dedicated to the Township, with maintenance the responsibility
of individual lots owners, a homeowners' association or similar entity,
or an organization capable of carrying out maintenance responsibilities.
A.
Where the Board of Supervisors accepts dedication of all or some of the completed improvements, the Board shall require the posting of financial security to ensure the continued functioning of the improvements in accordance with the design and specifications as depicted on the Final Plan. The security shall be in the form authorized for the deposit of the performance guarantee, as described in Article V hereof, and shall be for the 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.
B.
Where maintenance of subdivision and land development
improvements, including stormwater management facilities, is to be
the responsibility of individual lot owners, homeowners' association
or similar entity or organization capable of carrying maintenance
responsibilities, the Board of Supervisors shall require that such
responsibilities shall be set forth in perpetual covenants or deed
restrictions binding on the landowner's successors in interest and
may require further maintenance funds be established and noted on
Final Plan.
C.
Maintenance and performance guarantee for subdivision and land development improvements that are located on an individual lot are the responsibility of that landowner. This shall include the perpetuation of natural drainage and may include perpetuation of infiltration facilities and/or maintenance of facilities constructed by the individual lot owner under terms of the grading permit in accordance with Chapter 194 Grading, Erosion and Sediment Control; Stormwater Management.
[Amended 1-27-2014; 4-7-2014 by Ord. No.
10]
D.
On or before the completion of subdivision or land
development improvements, the permanent stormwater management system
for a tract shall be installed or constructed in accordance with the
approved Stormwater Management Plan. All such work shall be as specified
in the approved plan. Continued functioning of these facilities shall
be guaranteed and maintenance, as necessary, performed in accordance
with the provisions contained herein.
E.
If the Township determines at any time that stipulated
permanent stormwater management facilities have been eliminated, altered,
or improperly maintained, the owner shall be advised of corrective
measures required within a period of time set by the Township Engineer.
If such measures are not taken by the owner, the Township may cause
the work to be done and lien all costs against the property.
