[Amended 1-21-1992 by Ord. No. 295]
Before the Board of Township Supervisors shall
cause its 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 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, wherein they shall agree:
A. To construct or cause to be constructed at the owner's
expense all streets, walkways, curbs, gutters, monuments, streetlights,
fire hydrants, capped sewers, capped water lines, storm drains, as
well as stormwater detention and/or retention basins and other related
drainage facilities, recreational facilities, open space improvements,
or buffer or screen planting which may be required, and any other
improvements shown on said final plans 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.
B. To maintain at the owner's cost all the improvements
set forth in the preceding paragraph hereof, until the township accepts
dedication thereof, and for a period of 18 months after the acceptance
of dedication 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.
C. To install, or cause to be installed, at the owner's
expense and without any cost to the township for any part of such
installation, streetlighting facilities on all streets within and
abutting the subdivision.
D. To pay all costs, charges or rates of the utility
furnishing electric service for the lighting of the streets on or
abutting said subdivision, from 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 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 the said streets shall be accepted
as public streets of the township in the manner hereinabove set forth.
E. To pay the inspection fees required by §
160-90 hereof.
F. To 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 the lands so abutted or traversed full releases
from all damages which may change in grade, construction, or otherwise,
of the street, drainage facility or other improvement, and such releases,
shall ensure to the benefit not only of the owner of the subdivision
but to the township as well.
G. To promptly reimburse to the township reasonable attorneys' and engineers' fees as specified in §
160-90 hereof.
[Amended 1-21-1992 by Ord. No. 295]
A. No plat shall be finally approved unless the streets
shown on such plat have been improved to a mud-free or otherwise permanently
passable condition, or improved as may be otherwise required by this
chapter and any walkways, curbs, gutters, streetlights, fire hydrants,
shade trees, water mains, sanitary sewers, storm sewers and other
improvements as may be required by this chapter have been installed
in accordance with this chapter. In lieu of the completion of any
improvements required as a condition for the final approval of a plat,
including improvements or fees otherwise required by this chapter,
the developer may deposit with the Township of Upper Southampton financial
security in an amount sufficient to cover the costs of such improvements
or common amenities including basins and other related drainage facilities,
recreational facilities, open space improvements, or buffer or screen
plantings which may be required.
B. When requested by the developer, in order to facilitate
financing, the Board of Supervisors shall furnish the developer with
a signed copy of a resolution indicating approval of the final plat
contingent upon the developer obtaining a satisfactory financial security.
The final plat or record plan shall not be signed nor recorded until
the financial improvements agreement is executed. The resolution or
letter of contingent approval shall expire and be deemed to be revoked
if the financial security agreement is not executed within 90 days
unless a written extension is granted by the Board of Supervisors;
such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
C. Without limitation as to other types of financial
security which the Township of Upper Southampton 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.
D. Such financial security shall be posted with a bonding
company or federal or commonwealth chartered lending institution chosen
by the party posting the financial security, provided said bonding
company or lending institution is authorized to conduct such business
within the commonwealth.
E. Such bond or other security shall provide for, and
secure to the public, the completion of any improvements which may
be required on or before the date fixed in the formal action of approval
or accompanying agreement for completion of the improvements.
F. The amount of financial security to be posted for
the completion of the required improvements shall be equal to 110%
of the cost of completion estimated as of 90 days following the date
scheduled for completion by the developer. Annually, the Township
of Upper Southampton may adjust the amount of the financial security
by comparing the actual cost of the improvements which have been completed
and the estimated cost for the completion of the remaining improvements
as of the expiration of the 90th day after either the original date
scheduled for completion or a rescheduled date of completion. Subsequent
to said adjustment, the Township of Upper Southampton may require
the developer to post additional security in order to assure that
the financial security equals said 110%. Any additional security shall
be posted by the developer in accordance with this subsection.
G. The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements,
submitted by the applicant or developer and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Township
of Upper Southampton, upon the recommendation of the Township Engineer,
may refuse to accept such estimate for good cause shown. If the applicant
or developer and the Township of Upper Southampton are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this commonwealth
and chosen mutually by the Township of Upper Southampton and the applicant
or developer. The estimate certified by the third engineer shall be
presumed fair and reasonable and shall be the final estimate. In the
event that a third engineer is so chosen, fees for the services of
said engineer shall be paid equally by the Township of Upper Southampton
and the applicant or developer.
H. 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.
I. In the case where development is projected over a
period of years, the Board of Supervisors may authorize submission
of final plats by sections or stages of development subject to such
requirements or guarantees as to improvements in future sections or
stages of development as it finds essential for the protection of
any finally approved section of the development.
J. As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Board of 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. Any
such requests shall be in writing addressed to the Board of Supervisors,
and the Board of Supervisors shall have 45 days from receipt of such
request within which to allow the Township Engineer to certify, in
writing, to the Board of Supervisors that such portion of the work
upon the improvements has been completed in accordance with the approved
plat. Upon such certification the Board of Supervisors shall authorize
release by the bonding company or lending institution of an amount
as estimated by the Township Engineer fairly representing the value
of the improvements completed or, if the Board of Supervisors fails
to act within said forty-five-day period, the Board of Supervisors
shall be deemed to have approved the release of funds as requested.
The Board of Supervisors may, prior to final release at the time of
completion and certification by its engineer, require retention of
10% of the estimated cost of the aforesaid improvements.
K. Where the Board of Supervisors accepts dedication
of all or some of the required improvements following completion,
the Board of Supervisors may require the posting of financial security
to secure 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 plat 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.
L. If water mains or sanitary sewer lines, or both, along
with apparatus or facilities related thereto, are to be installed
under the jurisdiction and pursuant to the rules and regulations of
a public utility or municipal authority separate and distinct from
the Township of Upper Southampton, financial security to assure proper
completion and maintenance thereof shall be posted in accordance with
the regulations of the controlling public utility or municipal authority
and shall not be included within the financial security as otherwise
required by this section.
M. If financial security has been provided in lieu of
the completion of improvements required as a condition for the final
approval of a plat as set forth in this section, the Township of Upper
Southampton shall not condition the issuance of building, grading
or other permits relating to the erection or placement of improvements,
including buildings, upon the lots or land as depicted upon the final
plat upon actual completion of the improvements depicted upon the
approved final plat. Moreover, if said financial security has been
provided, occupancy permits for any building or buildings to be erected
shall not be withheld following the improvement of the streets providing
access to and from existing public roads to such building or buildings
to a mud-free or otherwise permanently passable condition, as well
as the completion of all other improvements as depicted upon the approved
plat, either upon the lot or lots or beyond the lot or lots in question
if such improvements are necessary for the reasonable use of or occupancy
of the building or buildings.
[Amended 1-21-1992 by Ord. No. 295]
A. When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Board
of Supervisors, in writing, by certified or registered mail, of the
completion of the aforesaid 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, either in whole or in part, and if said improvements,
or any portion thereof, 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.
B. The Board of Supervisors shall notify the developer,
within 15 days of receipt of the engineer's report, in writing by
certified or registered mail of the action of said Board of Supervisors
with relation thereto.
C. If the Board of Supervisors or the Township Engineer
fails 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 or other security agreement.
D. If any portion of the said improvements shall not
be approved or shall be rejected by the Board of Supervisors, the
developer shall proceed to complete the same and, upon completion,
the same procedure of notification, as outlined herein, shall be followed.
E. Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question, by legal proceedings
or otherwise, any determination of the Board of Supervisors or the
Township Engineer.
F. Where herein reference is made to the Township Engineer,
he shall be as a consultant thereto.
G. The applicant or developer shall reimburse the Township
of Upper Southampton for the reasonable and necessary expense incurred
for the inspection of improvements according to a schedule of fees
adopted by resolution of the Board of Supervisors and as from time
to time amended. Such expense shall be reasonable and in accordance
with the ordinary and customary fees charged by the Township Engineer
or consultant for work performed for similar services in the community,
but in no event shall the fees exceed the rate or cost charged by
the engineer or consultant to the Township of Upper Southampton when
fees are not reimbursed or otherwise imposed on applicants.
(1) In the event the applicant disputes the amount of
any such expense in connection with the inspection of improvements,
the applicant shall, within 10 working days of the date of billing,
notify the Township of Upper Southampton that such expenses are disputed
as unreasonable or unnecessary, in which case the Township of Upper
Southampton shall not delay or disapprove a subdivision or land development
application or any approval or permit related to development due to
the applicant's request over disputed engineer expenses.
(2) If, within 20 days from the date of billing, the Township
of Upper Southampton and the applicant cannot agree on the amount
of expenses which are reasonable and necessary, then the applicant
and the Township of Upper Southampton shall jointly, by mutual agreement,
appoint another professional engineer licensed as such in the Commonwealth
of Pennsylvania to review the said expenses and make a determination
as to the amount thereof which is reasonable and necessary.
(3) The professional engineer so appointed shall hear
such evidence and review such documentation as the professional engineer
in his or her sole opinion deems necessary and render a decision within
50 days of the billing date. The applicant shall be required to pay
the entire amount determined in the decision immediately.
(4) In the event that the Township of Upper Southampton
and applicant cannot agree upon the professional engineer to be appointed
within 20 days of the billing date, then, upon application of either
party, the President Judge of the Court of Common Pleas of the judicial
district in which the Township of Upper Southampton is located (or,
if at the time there be no President Judge, then the senior active
judge then sitting) shall appoint such engineer, who, in that case,
shall be neither the Township Engineer nor any professional engineer
who has been retained by, or performed services for, the Township
of Upper Southampton or the applicant within the preceding five years.
(5) The fee of the appointed professional engineer for
determining the reasonable and necessary expenses shall be paid by
the applicant if the amount of payment required in the decision is
equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the Township of Upper Southampton shall pay the fee of the
professional engineer, but otherwise the Township of Upper Southampton
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
[Amended 1-21-1992 by Ord. No. 295]
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 plat, the Board of Supervisors is
hereby granted the power to enforce any corporate bond, or other security
by appropriate legal and equitable remedies. 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 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 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 township purpose.