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.[1]
(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.
A.
When the developer has completed all of the required
improvements, the developer shall notify the Board of Commissioners,
in writing, by certified or registered mail, of the completion of
the required improvements and shall send a copy thereof to the Township
Engineer.
B.
The Board of Commissioners 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 Commissioners
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 Commissioners. Said report shall be detailed and
shall indicate approval or rejection of said improvements, or any
portion thereof, which shall not be approved or shall be rejected
by the Township Engineer; said report shall contain a statement of
reasons for such nonapproval or rejection.
D.
If the Board of Commissioners or the Township Engineer
falls to comply with the time limitation provisions contained herein,
all improvements will be deemed to have been approved and the developer
shall be released from all liability, pursuant to its performance
guaranty bond.
E.
If any portion of the required improvements shall
not be approved or shall be rejected by the Board of Commissioners,
the developer shall proceed to complete the same and, upon completion,
the same procedure of notification, as outlined herein, shall be followed.
F.
Nothing herein, however, shall be construed in limitation
of the subdivider's or developer's right to contest or question by
legal proceedings or otherwise any determination of the Board of Commissioners
or the Township Engineer.
A.
In the event that any improvements which may be required
have not been constructed and installed as provided for in the written
agreement, this chapter, the requirements of the Board of Commissioners
or in accordance with the approved final plan, the Board of Commissioners
shall enforce any corporate bond or other security by appropriate
legal and equitable remedies.
B.
If the proceeds of such bond or other 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 Commissioners
may, at its option, install part of such improvements and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements.
C.
All of the proceeds, whether resulting from the 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 municipal purpose.
A.
Before the Township Engineer shall issue to the Board
of Commissioners a written certification that all improvements specified
and required have been satisfactorily completed in accordance with
the agreement and requirements relative to the land development and
in compliance with the specifications, standards, ordinances and requirements
of the Township, the subdivider or developer shall be required to
deposit with the Township a corporate maintenance bond, in such amount,
under such conditions, in such form and with approved surety as shall
be required by the Board of Commissioners. Said maintenance bond is
to guarantee the repairs and maintenance by the subdivider or developer
of the streets, roads, pavements, sidewalks, curbs, gutters, storm
drains and facilities, sanitary sewer and facilities, sewage treatment
plant and facilities and any other improvements constructed and installed
in the subdivision or development for a period of two years from the
date of final and official acceptance of the above improvements and
facilities by the Board of Commissioners.
B.
The repairs and maintenance required to be performed
by the subdivider or developer shall extend only to making good any
inherent defects which become manifested in the materials and workmanship
under ordinary conditions and shall not be held to cover any breakage
or damage caused by improper use or by accident resulting from circumstances
over which the subdivider or developer has no control.
A.
No road, street, land, way or related improvement
shall be accepted as a part of the highway system of the Township
or for maintenance unless opened, laid out, graded and improved in
strict accordance with the standards and regulations of the Township.
The requirements, specifications and standards of construction, materials
and appurtenances as designated herein are considered as minimum,
and the Board of Commissioners may, as it deems advisable, revise
said specifications and requirements to secure a higher standard of
improvements and community development.
B.
No stormwater drainage facilities, sanitary sewer
and sewage treatment facilities, water supply and water distribution
system and facilities or any other facilities or improvements will
be accepted as a part of the Township's facilities for operation and
maintenance unless designed and constructed in strict compliance with
all the standards, specifications, rules, regulations, ordinances
and requirements of the Township.
A.
Within 90 days after the date of approval of the final
plan, the subdivider shall record an approved duplicate copy of the
plan in the Office of the County Recorder of Deeds and file with the
Secretary of the Township a recorders' certificate that the approved
plan has been recorded, with the plan book and page numbers indicated,
and approval shall not become final and effective until such certificate
has been filed. The subdivider shall provide a duplicate tracing of
the officially recorded plan to the Township Secretary for Township
files. The duplicate tracing may be of Mylar, linen or some other
durable material.
B.
After an approved subdivision plan shall have been
officially recorded, the streets, parks and other public improvements
shown hereon shall be so considered to be a part of the Official Plan
of the Township.
C.
Streets, parks and other public improvements shown
on a subdivision plan to be recorded shall be offered for dedication
to the Township by formal notation thereof on the plan, or the owner
shall note on such plan that any improvements have not been offered
for dedication to the Township.
D.
Every street shown on a subdivision plan shall be
deemed to be a public street. However, said street shall not be maintained
by the municipality until such time as the same shall have been offered
for dedication to the Township and accepted by ordinance or resolution,
or until it shall have been condemned for use as a public street.
E.
In the event that an approved subdivision plan is
not recorded within the required ninety-day period, then said approval
shall be deemed voided and rescinded and the plan must be resubmitted
if approval is sought by the developer.
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.
