§ 148-36Performance requirements.
§ 148-37Performance guarantees.
§ 148-38Release from improvement bond.
§ 148-39Remedies to effect completion
of improvements.
§ 148-40Maintenance bond.
§ 148-41Higher standards.
§ 148-42Recording.
§ 148-43Reconsideration.
§ 148-44Approval refused by Supervisors.
§ 148-45No responsibility of Township
where plans not approved.
Before approving any subdivision plan, the Board of Supervisors shall require a written agreement that necessary grading, paving and street improvements, stormwater inlets, catch basins and road drains, sidewalks, streetlights, fire hydrants, water mains and sanitary sewers, etc., 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 conditions of acceptance in regard to sanitary sewers, water supply, utilities and other similar construction shall be as determined by the Authority or utility company having jurisdiction, and a letter stating that agreement has been concluded between the parties shall be submitted to the Board of Supervisors from each authority, utility, etc., prior to final approval.
The Board of Supervisors shall ensure, through receipt of certificates of compliance submitted and attested by the Township Engineer, that required improvements have been installed according to the specifications of the final plat, or alternately require the posting of adequate surety to cover the cost for such improvements. The Board of Supervisors shall specify one of the following alternatives for guaranteeing compliance with the requirements of this section for the developer requesting final approval of a plat. Decision of which alternative shall be required is that of the Board of Supervisors, and final approval of a plat shall not be granted until the surety required is fully provided and accepted by the Board. The costs for inspecting all such required public improvements shall be borne by the applicant.
Completion of improvements prior to final approval. Prior to final plat approval, the subdivider shall complete, in a manner satisfactory to the Board of Supervisors and the Township Engineer, all improvements required in this chapter, specified in the final subdivision plat, and as approved by the Board of Supervisors, and shall dedicate same for public use in accordance with this chapter. Final plat approval shall not be granted until the dedication of said improvements has been accepted by the Board of Supervisors.
Guarantee of future performance. In lieu of requiring the completion of all improvements prior to final plat approval, the Township may, at its discretion, enter into a contract or operating agreement with the subdivider or applicant for land development approval whereby the subdivider shall guarantee to complete all improvements required by this chapter or otherwise specified by the Board of Supervisors in a manner satisfactory to the Board of Supervisors. To secure this contract, the subdivider shall provide, subject to the approval of the Board of Supervisors, one of the following guarantees:
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 and shall be in an amount sufficient to cover the entire cost, as estimated by the subdivider or applicant for land development approval and approved by the Township Engineer, plus 10%, of installing all improvements. The duration of the bond shall extend to such time as the improvements are accepted by the Township in accordance with the requirements of this chapter. If said improvements are not installed within the prescribed time limit, an extension shall be required of the surety issued, sufficient to assure that completion.
Escrow account. The subdivider or applicant for land development approval shall deposit cash, or other instrument readily convertible into cash at face value, either with the Township or in escrow with an established 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 Supervisors. The amount of the deposit shall be at least equal to the cost of installing all required improvements, as estimated by the subdivider or applicant, plus 10%, and approved by the Township Engineer. In the case of an escrow account, the subdivider or applicant shall file with the Board of Supervisors an agreement between the financial bank and himself guaranteeing the following:
That the funds of said escrow shall be held in trust until released by the Board of Supervisors and may not be used or pledged by the subdivider or applicant as security in any other matter during the period; and
That in the case of a failure on the part of the subdivider or applicant 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, upon notice of such failure from the Board of Supervisors.
Procedure.
When the developer has completed all of the required improvements, the cost of which shall be borne by the subdivider or applicant, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy thereof to the Township Engineer.
The Board of Supervisors 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 Supervisors 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 Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements or any portion thereof. Said report shall contain a statement of reasons for such nonapproval or rejection.
The Board of Supervisors shall notify the developer, in writing by certified or registered mail, of the action of said Board of Supervisors with relation thereto.
If the Board of Supervisors or Township Engineer fails to comply within the time limitation provisions contained herein, all improvements will be deemed to have been approved, and the subdivider or developer shall be released from all liability, pursuant to its performance guaranty bond or other surety accepted by the Board of Supervisors.
If any portion of the required improvements shall not be approved or shall be rejected by the Board of Supervisors, the subdivider or developer shall proceed to complete the same upon notice to do so and, upon completion, the same procedure of notification as outlined herein shall be followed.
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 Supervisors or the Township Engineer.
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 and the requirements of the Board of Supervisors or in accord with the approved final plan, the Board of Supervisors shall enforce any corporate bond or other 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 Board of Supervisors may, at its 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 monies necessary to complete the remainder of the improvements within a reasonable period of time.
All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the subdivider or developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other municipal purpose.
Before the Township Engineer shall issue to the Board of Supervisors a written certification that all public improvements specified and required have been satisfactorily completed in accordance with the aforementioned agreement or contract and requirements relative to the subdivision or 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 maintenance bond, in such amount, under such conditions, in such form and with approved surety as shall be required by the Board of Supervisors. Said maintenance bond to guarantee the repairs and maintenance by the subdivider or developer of the streets, roads, pavement, sidewalks, curbs, gutters, storm drains and drainage facilities, and any other improvements constructed and installed in the subdivision or development, for a period of 18 months from the date of final and official acceptance of the above said improvements and facilities by the Board of Supervisors.
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.
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, material and appurtenances as designated herein are considered as a minimum, and the Board of Supervisors may, as it deems advisable, revise said specifications and requirements to secure a higher standard of improvement and community development.
No stormwater drainage facilities or any other facilities or improvements shall 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 and so approved prior to recording.
Upon the approval of a final plat, the applicant shall within 90 days of such final approval or 90 days after the date of delivery of an approved plat signed by the governing body following completion of conditions imposed for such approval, whichever is later, record such plat in the office of the County Recorder of Deeds, and file with the Secretary of the Township a recorder's certificate that the approved plat has been recorded, with the plan book and page numbers indicated, and approval shall not become final and effective until such certificates have been filed. The subdivider or applicant for land development approval shall provide a duplicate tracing of the officially recorded plan to the Township Secretary for Township files.
After an approved subdivision plan or land development, within which boundary lines public improvements, easements or rights-of-way have been dedicated for public use, has been officially recorded, the streets, parks and other public improvements shown thereon shall be so considered to be a part of the Official Plan of the Township.
Streets, parks and other public improvements shown on a subdivision plan or land development proposal to be recorded may be offered for dedication to the Township by formal notation thereof on the plan, or the owner may note on such plan that any improvements have not been offered for dedication to the Township. If the Board of Supervisors does not accept said dedications, the plat or development may still be recorded with the appropriate statements as herein noted.
Any subdivider or applicant for land development approval aggrieved by a finding, decision or recommendation of the Daugherty Township Planning Commission or the Township Board of Supervisors or who does not accept conditions placed upon such subdivision or land development application approval by the Planning Commission or Board of Supervisors may present additional relevant information and request reconsideration of the original findings, decision or recommendation upon written request within 30 days of notification of the Planning Commission's or Board of Supervisors' decision. The Planning Commission and Board of Supervisors shall consider such additional information or revised drawings as they deem appropriate within 60 days of notice to the subdivider or applicant that a reconsideration is appropriate. The decision of this reconsideration within 60 days shall be final, and mediation may be used to aid in the procedure.
In any case where the Board of Supervisors shall refuse to approve any plats or land developments submitted to it in accordance with this chapter, any person aggrieved by the action of the Supervisors may appeal as provided by law.
If any road or drainage facilities in connection therewith shall be opened, constructed or dedicated for public use or travel except in strict accordance with plats approved and recorded as herein provided, neither the Board of Supervisors nor any public water and sewer 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 Township Supervisors nor any other public authorities shall have any responsibility of any kind with respect to any such road or drainage facilities or maintenance thereof, notwithstanding any use of the same by the public; provided, however, that nothing herein contained shall prevent the laying of sanitary sewers, drainage facilities or water or mains if required by engineering necessity for the accommodating of other land within the jurisdiction of Daugherty Township for the preservation of public health and welfare.
