Before approving any subdivision plan, the Board of Supervisors shall require a written agreement that necessary grading, paving and street improvements, sidewalks, streetlights, fire hydrants, water mains and sanitary sewers, as may be required by the Township, shall be installed by the developer in strict accordance with the design standards and specifications of the Township in Article
VII and attached as Appendix A to this chapter within a specified time period.
The Board of Supervisors shall insure, 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 final land development plan, 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 or land development
plan. The decision on which type of surety shall be required is that
of the Board of Supervisors and final approval of a plat or land development
shall not be granted until the surety required is fully provided.
A. Completion of improvements prior to final approval. Prior to final
plat approval or final land development, the applicant shall complete,
in a manner satisfactory to the Board of Supervisors and the Township
Engineer, all improvements required in these regulations specified
in the final subdivision plat or land development plan, and as approved
by the Board of Supervisors, and shall dedicate same to the Township
in accordance with these regulations. Final plat approval or final
land development approval shall not be granted until the dedication
of said improvements has been accepted by the Board of Supervisors.
B. Guarantee of future performance.
(1) In
lieu of requiring the completion of all improvements prior to final
plat or final land development approval, the Township may, at its
discretion, enter into a contract with the applicant whereby the applicant
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 applicant
shall provide, subject to the approval of the Board of Supervisors,
one of the following guarantees:
(a) Surety bond. The applicant shall obtain a security 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 in an amount
sufficient to cover the entire cost, as estimated by the applicant
and approved by the Township Engineer, of installing all improvements.
The bond shall be in effect until such time as the improvements are
accepted by the Township in accordance with the requirements of this
chapter.
(b) Escrow account. The applicant shall deposit cash, or other fiduciary
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 Supervisors. The amount of the deposit shall be at least
equal to the cost, as estimated by the applicant and approved by the
Township Engineer, of installing all required improvements, plus 10%.
Said amount shall be equal to 110% of the cost of completion as of
90 days following the scheduled date of completion. In case of an
escrow account, the applicant shall file with the Board of Supervisors
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 Supervisors and may not be used or
pledged by the applicant as security in any other matter during the
period;
[2]
And that in the case of a failure on the part of the 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.
(c) Property escrow. The applicant 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 applicant and approved by the Township Engineer, of the installation
of all required public improvements, plus 10%. Said amount to be equal
to 110% of the cost of completion as of 90 days following the schedule
date of completion. 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 Supervisors 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, or for reasons such that will inhibit
the Board of Supervisors from exchanging the property for a sufficient
amount of money to complete the required improvements. When property
is offered as an improvement guarantee, the applicant shall:
[1] Execute an agreement with the trustee, when it is not the Board of
Supervisors, instructing the trustee 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 Supervisors.
The agreement shall be placed on file with the Township Secretary.
[2] File with the Board of Supervisors 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.
[3] Execute and file with the Board of Supervisors 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 Supervisors.
(2) The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by an applicant or developer and prepared by a registered professional
engineer licensed as such in this Commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The municipality,
upon the recommendation of the Municipal Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the municipality are unable to agree upon an estimate, then the
estimate shall be recalculated and recertified by another registered
professional engineer licensed as such in this commonwealth and chosen
mutually by the municipality 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 municipality and the applicant or developer.
(3) 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.
(4) In
the case where development is projected over a period of years, the
governing body or the planning agency may authorize submission of
final plats by section 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.
Any applicant aggrieved by a finding, decision or recommendation
of the Darlington Township Planning Commission or the Township 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.
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 plats approved and recorded as herein
provided, neither the Board of Supervisors 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 Township Supervisors 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.