Before approving any subdivision plan, the governing
body 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.
The governing body 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 governing body shall specify one of the following alternatives,
or such other alternative as may be acceptable, for guaranteeing compliance
with the requirements of this section. Decision of which alternative
shall be required is that of the governing body. Final approval of
a plan may not be granted until the surety required is fully approved.
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 governing body and the Township Engineer,
all improvements required in these regulations as specified in the
final subdivision plan and as approved by the governing body 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 governing body.
B. Guaranty of future performance. In lieu of requiring the completion of all improvements prior to final plan approval, the Township may, at its discretion, require that the development agreement described in §
175-12F of this chapter contain provisions whereby the subdivider shall guarantee to complete all improvements required by this chapter or otherwise specified by the governing body, in a manner satisfactory to the governing body. When requested by the subdivider in order to facilitate financing, the governing body shall furnish the subdivider with a signed copy of a resolution indicating approval of the final plat contingent upon the subdivider obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the development agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the development agreement is not executed within 90 days, unless a written extension is granted by the governing body; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the subdivider. To secure the obligation to complete the improvements, the subdivider shall provide, subject to the approval of the governing body, one of the following guaranties:
(1) Surety bond. The subdivider shall obtain a security
bond from a surety bonding company authorized to do business in the
Commonwealth of Pennsylvania. The bond shall be payable to the Township.
The amount of the bond shall be equal to 110% of the cost of the required
improvements as estimated by the subdivider and approved by the Township
Engineer. 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. 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 governing body. The amount of financial security shall be equal
to 110% of the cost of the required improvements as estimated by the
subdivider and approved by the Township Engineer. In case of an escrow
account, the subdivider shall file with the governing body an agreement
between the financial bank and himself guaranteeing the following:
(a)
That the funds of said escrow account shall
be held in trust until released by the governing body and may not
be used or pledged by the subdivider as security in any other matter
during the period; and
(b)
That in the case of a failure on the part of
the subdivider to complete said improvements in a timely manner, the
bank shall immediately make the funds in said account available by
the Township for use in the completion of those improvements.
(4) Extension of guaranties. If the developer requires
more than two years from the date of posting financial security to
complete the required improvements, the amount of security may be
increased in accordance with the provisions of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as reenacted and amended December
21, 1988.
[Amended 6-2-2004 by Ord. No. 512]
If any road or any drainage facility 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 governing body nor any public authority
shall place, construct or operate any sewer, drain, water pipe or
other facility or do any work of any kind in or upon such road; and
neither the governing body nor any other public authority shall have
responsibility of any kind with respect to any such road or drainage
facility, 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.