Before approving any subdivision plan, the Board
of Commissioners shall require a written agreement that necessary
grading, paving and street improvements, sidewalks, streetlights,
fire hydrants, water mains, storm sewers and sanitary sewers, as may
be required by the Township, shall be installed by the subdivider
in strict accordance with the design standards and specifications
of the Township, within a specified time period. All development costs,
including the costs of inspection, testing and preparation of reports
by the Township Engineer, shall be born by the owner or developer.
The Board of Commissioners shall ensure, through
receipt of certificates of compliance submitted and attested by the
Township Engineer, that the required improvements have been installed
according to the specifications of the final plan, or alternately
require the posting of adequate surety to cover the cost for such
improvements. The Board of Commissioners shall specify one of the
following alternatives, or such other alternatives which may be acceptable,
for guaranteeing compliance with the requirements of this section.
The decision of which alternative shall be required is that of the
Board of Commissioners. Final approval of a plan may not be granted
until the surety required is fully provided. In any event the required
surety shall be secured along with the written agreement, prior to
any construction or related activity.
A. Completion of improvements prior to final approval.
Prior to final plan approval, the subdivider shall complete, in a
manner satisfactory to the Board of Commissioners and the Township
Engineer, all improvements required in these regulations specified
in the final subdivision plan, and as approved by the Board of Commissioners,
and shall dedicate the same to the Township in accordance with these
regulations. Final plan approval shall not be granted until the dedication
of said improvements has been accepted by the Board of Commissioners.
B. Guarantee of future performance. In lieu of requiring
the completion of all improvements prior to final plan approval, the
Township may, at its discretion, enter into a contract with the subdivider
whereby the subdivider shall guarantee to complete all improvements
required by this chapter, or otherwise specified by the Board of Commissioners
in a manner satisfactory to the Board of Commissioners. To secure
this contract, the subdivider shall provide, subject to the approval
of the Board of Commissioners, one of the following guarantees:
(1) Surety bond. The subdivider shall obtain a surety
bond from a surety bonding company authorized to do business in the
State of Pennsylvania. The bond shall be payable to the Township and
shall be equal to 110% of the cost of completion estimated by the
subdivider and approved by the Township Engineer, of installing all
improvements. The duration of the bond shall be until such time as
the improvements are accepted by the Township in accordance with the
requirements of this chapter.
(2) Escrow account.
(a)
The subdivider shall deposit cash, or other
instrument readily convertible into cash at face value, either with
the Township, or in escrow with a bank. The use of any instrument
other than cash, and, in the case of an escrow account, the bank with
which the funds are to be deposited, shall be subject to the approval
of the Board of Commissioners. The amount of the deposit shall be
at least equal to the cost, as estimated by the subdivider and approved
by the Township Engineer, of installing all required improvements.
(b)
In case of an escrow account, the subdivider
shall file with the Board of Commissioners an agreement between the
financial bank and himself guaranteeing the following:
[1]
That the funds of said escrow account shall
be held in trust until released by the Board of Commissioners and
may not be used or pledged by the subdivider as security in any other
matter during the period; and
[2]
That in the case of a failure on the part of
the subdivider to complete said improvements, the bank shall immediately
make the funds in said account available to the Township for use in
the completion of those improvements.
(3) Property escrow.
(a)
The subdivider shall offer as a guarantee land
or other property, including corporate stocks or bonds. The value
of any such property shall be at least equal to the cost, as estimated
by the subdivider and approved by the Township Engineer, of the installation
of all contracted improvements. The County Assessor shall establish
the value of any property so used and, in so doing, shall take into
account the likelihood of a decline in the value of said property
during the guarantee period. The Board of Commissioners shall retain
the right to reject the use of any property when the value of such
property is sufficiently unstable, when it believes that the property
will be unusually difficult to sell, of for other reasons such as
will inhibit the Board of Commissioners from exchanging the property
for a sufficient amount of money to complete the required improvements.
(b)
When property is offered as an improvement guarantee,
the subdivider shall:
[1]
Execute an agreement with the trustee, when
it is not the Board of Commissioners, instructing the trust to release
the property to the Township in the case of default. The agreement
shall also state that the property may be released only upon consent
of the Board of Commissioners. The agreement shall be placed on file
with the Township Secretary;
[2]
File with the Board of Commissioners an affidavit
affirming that the property to be used as a guarantee is free and
clear of any encumbrances or liens at the time it is to be put in
trust; and
[3]
Execute and file with the Board of Commissioners
an agreement stating that the property to be placed in trust as an
improvement guarantee will not be used for any other purpose or pledged
as a security in any other matter until it is released by the Board
of Commissioners.
If any road or any drainage facilities in connection
therewith shall be opened, constructed or dedicated for public use
or travel except in strict accordance with plans approved and recorded
as herein provided, neither the Board of Commissioners nor any public
authorities shall place, construct or operate any sewer, drain, water
pipe or other facilities, or do any work of any kind, in or upon such
road; and neither the Board of Commissioners nor any other public
authorities shall have any responsibility of any kind with respect
to any such road or drainage facilities, notwithstanding any use of
the same by the public; provided, however, that nothing herein contained
shall prevent the laying of trunk sewers, drains, water or gas mains,
if required, by engineering necessity for the accommodating of other
territory.