No plan shall be finally approved unless the streets shown on
such plan have been improved to a mud-free or otherwise permanently
passable condition or improved as may be required by this chapter
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm drains and other improvements
as may be required by this chapter have been installed in accordance
with this chapter.
A.
In lieu of the completion of any improvements required as a condition
for the final approval of a plan, this chapter shall provide for the
deposit with the Township of financial security in an amount sufficient
to cover the costs of any improvements or common amenities, including
but not limited to roads, parking areas, lighting, sewage disposal
systems, traffic signal and controls, stormwater detention and/or
retention basins and other related drainage facilities, recreational
facilities, open space improvements or buffer or screen plantings
which may be required.
B.
The Board of Supervisors shall provide an applicant or developer
with a written notice indicating conditional final plan approval contingent
upon the applicant or developer receiving satisfactory financial security,
which must be presented to the Township within 90 days. After the
Township is in receipt of the required financial commitments, the
Board of Supervisors shall grant final plan approval, and the linen
plan can be recorded.
C.
Without limitation as to other types of financial security which
the Township may approve, which approval shall not be unreasonably
withheld, federal or commonwealth-chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section. The financial security shall provide for
and secure the completion of the improvements within one year of the
date fixed in the subdivision plan for completion of such improvements.
D.
Amount of financial security. The amount of financial security shall
be equal to 110% of the cost of the required improvements for which
financial security is to be posted. The cost of the required improvements
shall be estimated as of 90 days following the date scheduled for
the completion of said improvements.
E.
Basis for establishing amount of security.
(1)
The cost of the improvements shall be established by submission to
the Supervisors or the Planning Commission of a bona fide bid or bids
from the contractor or contractors chosen by the party posting the
financial security to complete the improvements, or, in the absence
of such bona fide bids, the costs shall be established by estimate
prepared by the Township Engineer.
(2)
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure. In the case where development
is projected over a period of years, the Supervisors (or the planning
agency) may authorize submission of final plans by section or stages
of development, subject to such requirements or guaranties as to improvements
in future sections or stages of development as it finds essential
for the protection of any finally approved section of the subdivision
or land development.
F.
Dispute over amount of financial security. Whenever a dispute may
arise between an applicant or developer and the Township in that neither
party can reach an accord on the amount of financial security to be
posted, the following procedures shall be employed:
(1)
On behalf of the applicant, a licensed professional engineer (PE)
shall prepare and submit a fair and reasonable estimate of costs of
completion of required improvements;
(2)
In the event that the Township Engineer, for good cause shown, shall
recommend that the estimate be refused, the applicant and Township
shall mutually agree upon a third PE to reestimate these costs; and
(3)
The estimate of the third PE shall be presumed to be a fair and reasonable
final estimate to be adopted by both the applicant and Township, each
of which shall pay 1/2 of the fees owed the third PE.
G.
Contracts. Before the Township Supervisors shall cause their approval
to be endorsed upon the final plans of any subdivision or land development
(except in the case of minor subdivisions wherein the Supervisors
impose no condition or conditions for the approval of the plan) and
as a requirement for the approval thereof, the owners shall enter
into a written agreement with the Township, in the manner and form
set forth by the Township Solicitor, where they shall agree to:
(1)
Construct or cause to be constructed, at their own expense, all streets,
curbs, sidewalks, fire hydrants, streetlights, drainage facilities,
street signs, monuments, capped sewers, parks and other improvements
shown on said final plan when required to do so by the Board of Supervisors
in accordance with the final plans, as finally approved, and in strict
accordance with the standards and specifications of the Township.
(2)
Maintain, at their own cost, said streets, curbs, sidewalks, drainage
facilities, street signs, parks, monuments, fire hydrants, streetlighting,
capped sewers and other improvements, until the same are accepted
or condemned by the Township for public use, and for a period of 18
months thereafter, to repair and reconstruct the same or any part
of one of them when such repair or reconstruction shall be specified
by the Board of Supervisors as necessary by reason of faulty construction,
workmanship or materials at or before acceptance of such improvements
by the Township.
(3)
Install or cause to be installed, at their own expense and without
any cost to the Township for any part of such installation, streetlighting
facilities on all streets within and abutting the subdivision or land
development if proposed to be dedicated to the Township, as required
by this chapter.
(4)
Obtain the easements and releases required when any street, drainage
facility or other improvement wherein a subdivision abuts or traverses
lands of persons other than the person holding legal title to the
lands of the subdivision, at his own cost, and obtain from the owner
of lands so abutted or traversed full releases from all damages which
may result from the change in grade, construction or otherwise of
the street, drainage facility or other improvement; and such releases
shall inure to the benefit not only of the owner of the subdivision
but to the Township as well.
[Amended 11-7-2011 by Ord. No. 2011-11]
(7)
Additional conditions as may be determined to be necessary by the
Township Solicitor.
H.
Inspections.
(1)
Three days prior to the commencement of any operation in the construction
or installation of streets, curbs, sidewalks, drainage facilities,
street signs, monuments and capped sewers, the owner shall notify
the Township Engineer, who shall observe the work, materials, construction
and installation to assure that the same are in accordance with Township
requirements.
(2)
After initial commencement of any operation in the above-referenced
construction, the owner shall notify or cause to be notified the Township
Engineer no less than 24 hours prior to any additional construction
to permit observation of the construction activity.
A.
Partial completion and release of financial security.
(1)
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Township Supervisors
to release or authorize the release, from time to time, of such portions
of the financial security necessary for payment to the contractor
or contractors performing the work.
(2)
Any such requests shall be in writing, addressed to the Supervisors;
and the Supervisors shall have 45 days from receipt of such request
within which to allow the Township Engineer to certify, in writing,
to the Supervisors that such portion of the work upon the improvements
has been completed in accordance with the approved plans.
(3)
Upon certification, the Township shall authorize release of an amount
of the financial security estimated by the Township Engineer which
fairly represents the value of the completed improvements minus retainage.
(4)
The Supervisors shall, prior to final release at the time of completion
and certification by its Engineer, require retention of 15% of the
estimated cost of the aforesaid improvements for purposes of securing
the maintenance bond on said improvements.
(5)
If the required financial security of 100% plus 10% is secured in
separate accounts and the specified 10% remains secured for the life
of the security agreements and the construction period or until dedication,
then the 10% specified above shall not be retained from the requested
partial release.
B.
Completion of improvements and release of financial security.
(1)
Upon satisfactory completion of all the necessary and appropriate improvements as approved by the Township Engineer and receipt by the Supervisors of the appropriate letter of certification of completion of said improvements, the Supervisors shall release or authorize to be released the balance of the financial security, minus the 15% as specified above. The 15% shall be retained until such time as the developer establishes an additional financial security to ensure the structural integrity and functioning of the specified improvements as specified in § 163-82 herein.
(2)
Upon completion and prior to release of the specified financial security,
the developer shall deliver two sets of development plans delineating
as-built information, including but not limited to final street rights-of-way
and easement location, by meets and bounds and widths, and the final
location and description, if changed from approved final plans, of
all sanitary water and stormwater facilities.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plan, the Supervisors are hereby granted the power
to draw upon financial security by appropriate legal and equitable
remedies. If 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 Supervisors may,
at their option, install part of such improvements in all or part
of the subdivision or land development and may institute appropriate
legal or equitable action to recover the moneys necessary to complete
the remainder of the improvements. 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
purpose.
A.
The Board of Supervisors shall notify the applicant of acceptance
of the required improvements if satisfied that the applicant has complied
with all specifications and ordinances of the Township.
B.
The applicant shall:
(1)
Furnish the Township with one linen and two paper prints of the completed
required improvements, including all plans, profiles and details,
which shall be clearly revised to reflect all as-built conditions
of said improvements.
(2)
Pay all costs for the Clerk of the Court of Common Pleas of Bucks
County on the petition and resolution of the Board of Supervisors
to said court for its approval of the acceptance of the required improvements.
(3)
Provide a policy of title insurance by a firm licensed to issue title
insurance in the Commonwealth of Pennsylvania, in a form and amount
satisfactory to the Township.
A.
The Supervisors shall require the posting of financial security to
secure the 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 not to exceed
18 months from the date of acceptance of dedication. Said financial
security shall be of the same type as otherwise required in this section
with regard to installation of such improvements, and the amount of
the financial security shall not exceed 15% of the actual cost of
installation of said improvements.
B.
If the specified improvements are not found acceptable to the Township
Engineer, the developer shall correct the same to the satisfaction
of the Township Engineer and Supervisors before the maintenance guaranty
financial security is released.
A.
Development costs. The owner/developer shall construct, at his own
expense, all the specified improvements delineated on the final plans
or specified in the required contracts and agreements with the Township
and in strict accordance with all standards and specifications of
Warwick Township.
B.
Maintenance costs. The owner/developer shall maintain, at his own expense, all the specified improvements delineated on the approved final plans or specified in the required contracts and agreements with the Township for a period of 18 months until the same are accepted for dedication or condemned for public use. The expense of reconstruction as may be determined by § 163-81 herein shall be the responsibility of the owner/developer.
C.
Utility costs. The owner/developer shall pay all costs, charges or
rates of the utility furnishing electric service for the lighting
of the streets on or abutting said subdivision or land development
for the lights installed by the owner, until such time as the streets
shown on the subdivision plans shall be accepted as public streets
of the Township by resolution approved by the Bucks County Clerk of
Courts or condemnation proceedings, and shall indemnify and save harmless
the Township from and against all suits, actions, claims and demands
for electric service to the streets shown on said plans or any part
thereof to the time that said streets shall be accepted as public
streets of the Township in the manner hereinabove set forth.
