[Ord. 95-4-18-2, 4/18/1995, § 12-1]
1.
Before the Board of Supervisors shall cause its approval to be endorsed
on the final plans of any subdivision or land development and as a
requirement for the approval thereof, the developer shall enter into
a written agreement with the Township in the manner and form set forth
by the Township Solicitor, to guarantee the construction and installation
of all improvements at the developer's expense required by this chapter.
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 plan contingent
upon the developer obtaining satisfactory financial security. The
final plan 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.
2.
The Township shall have no obligation to take over and make public
any street or other improvement unless the required improvements shown
on the approved plan have been constructed in accordance with all
requirements to the satisfaction of the Township Engineer and the
Board of Supervisors. An information certificate showing the state
of the title of all improvements, issued by a title insurance company,
shall be supplied to the Township and a deed of dedication to the
Township and release of mortgage or other liens executed by all parties
shown on the certificate to have an interest in the improvements shall
be delivered to the Township. The Township shall have no responsibility
with respect to any street or other improvement, notwithstanding the
use of the same by the public, unless the street or other improvement
is accepted by an ordinance or resolution of the Board of Supervisors.
[Ord. 95-4-18-2, 4/18/1995, § 12-2; amended by A.O.]
No plan shall receive final approval unless the streets shown
have been improved to a permanently passable condition, or improved
as may be required by this chapter, and any walkways, bikeways, 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 lieu of the completion of any
improvements, the developer shall furnish to the Township a bond with
such surety as the Board of Supervisors shall approve, in an amount
sufficient to cover the costs of any improvements which may be required.
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 improvements. The amount of financial
security to be posted for completion of the required improvements
shall be equal to 110% of the cost of completion estimated as of 90
days following the date of scheduled for completion by the developer.
Annually the Township 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 of completion or a rescheduled date of completion. Subsequent
to said adjustment, the Township may require the developer to post
additional security in order to assure that the financial security
equals but does not exceed said 110%. Any additional security shall
be posted by the developer in accordance with this section.
[Ord. 95-4-18-2, 4/18/1995, § 12-3]
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 and prepared by a professional engineer
licensed as such in the Commonwealth of Pennsylvania and certified
by such engineer to be a fair and reasonable estimate of such cost.
The Township, upon recommendation of the Township Engineer, may refuse
to accept such estimate for good cause shown. If the applicant or
developer and the Township are unable to agree upon an estimate, the
procedures set forth in the Pennsylvania Municipalities Planning Code,
Article V, Section 509(g),[1] shall be followed. If the developer 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.
[1]
Editor's Note: See 53 P.S. § 10509(g).
[Ord. 95-4-18-2, 4/18/1995, § 12-4]
1.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plans by
section or stages of development subject to such requirements or guarantees
as to improvements in future stages of development as it finds essential
for the protection of any finally approved section of the development.
As the work of installing the required improvements proceeds, the
developer may request the Township to release, from time to time,
portions of the escrow fund, necessary for payment to the contractor
performing the work. Any such request shall be in writing addressed
to the Board of Supervisors and the Council shall have 45 days from
receipt of such request within which to allow the Township Engineer
to certify, in writing, to the Council that the improvements have
been completed in accordance with the approved plan. If the Board
of Supervisors fails to act within the forty-five-day period, the
Council shall be deemed to have approved the release of funds as requested.
The Council may, prior to final release at the time of completion
and certification by the Township Engineer, retain 10% of the estimated
cost of the remaining improvements.
[Amended by A.O.]
2.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plan as set forth in this section, the Township shall not condition
the issuance of building, grading or other permits relating to the
construction of the improvement, including buildings, upon lots or
land as depicted upon the final plan. Moreover, if an escrow fund
has been established, 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 permanently passable condition as
well as the completion of all other improvements as depicted upon
the approved plan, 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.
[Ord. 95-4-18-2, 4/18/1995, § 12-5]
1.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Township, by certified
or registered mail, of the completion of the improvements and shall
send a copy to the Township Engineer. The Township shall, within 10
days after receipt of such notice, direct and authorize the Township
Engineer to inspect all of the improvements. The Township Engineer
shall file a report with the Township and shall mail a copy of the
report to the developer. The report shall be made within 30 days after
receipt by the Township Engineer of the authorization from the Township.
This report shall indicate approval or rejection of the improvements,
and if the improvements, or any portion thereof, shall not be approved
by the Township Engineer, this report shall contain a statement of
reasons for such nonapproval.
2.
The Township shall notify the developer, within 15 days of receipt
of the Engineer's report, in writing by certified or registered mail
of their actions in response to the Township Engineer's review of
improvements.
3.
If the Township or the Township Engineer fails to comply with the
time limitation provisions, all improvements will be deemed to have
been approved and the developer shall be released from all liability,
pursuant to its performance guarantee bond or other security agreement.
4.
If any portion of the improvements shall not be approved or shall
be rejected by the Township, the developer shall proceed to complete
the improvements and, upon completion, the same procedure of notification,
as outlined, shall be followed.
5.
The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of such improvements. Such reimbursement shall be based upon a schedule adopted by resolution and 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 Township, and in no event shall the fees exceed the rate or cost charged by the Township Engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants. In the event that the applicant disputes the amount of such expense in connection with inspection of improvements, the procedure set forth in the Pennsylvania Municipalities Planning Code (Act 247, as amended), Section 510(g), Subsections (1) through (7),[1] shall be adhered to.
[Amended by A.O.]
[1]
Editor's Note: See 53 P.S. § 10510(g)(1) through
(g)(7).
[Ord. 95-4-18-2, 4/18/1995, § 12-6]
Where the Township accepts dedication of all or some of the
required improvements following completion, the Township may require
the posting of financial security to secure structural integrity of
the 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. The amount of this financial
security shall not exceed 15% of the actual cost of installation of
the improvements.
[Ord. 95-4-18-2, 4/18/1995, § 12-7]
Where the Township accepts dedication of all or some of the required improvements following completion, the Township shall 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 shown on the final plan. The maintenance period shall be 18 months from the date of acceptance of dedication. The financial security shall be of the same as described in § 22-1202 of this Part, and the amount of the financial security for maintenance shall be 15% of the actual cost of installation of said improvements.
[Ord. 95-4-18-2, 4/18/1995, § 12-8]
In the event that any required improvements have not been installed
as provided for in this Part, or in accordance with the approved final
plan, the Township shall have 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 Township may, at its
option, install part of such improvements in all or part of the subdivision
or land development and may institute appropriate legal action to
recover the monies 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.
[Ord. 95-4-18-2, 4/18/1995, § 12-9]
The contract shall also provide for engineering inspections,
insurance, reimbursement of expense to the Township, procedure upon
default, and other subjects related to the development of the land.
[Ord. 95-4-18-2, 4/18/1995, § 12-10; as amended by Ord.
00-7-18-2, 7/18/2000, § XLVII]
[Ord. 95-4-18-2, 4/18/1995, § 12-11]
1.
The applicant or owner submitting plans for a subdivision or land
development shall be required to pay fees in accordance with the Fee
Schedule[1] adopted by resolution by the Board of Supervisors, and
in addition shall pay all costs to the Township for the services of
the Township Administration, Township Solicitor and Township Engineer
and such other necessary and reasonable costs incurred in reviewing
the plans, processing the application and assuring construction in
accordance with approved plans.
[1]
Editor's Note: The Fee Schedule is on file in the Township
offices.
2.
Application Filing Fees. The applicant or owner submitting plans
for a subdivision or land development shall pay application filing
fees made payable to the Township at the time of application in accordance
with a fee schedule adopted by resolution by the Board of Supervisors.
3.
Escrow Fund (Plan Review). In addition to application filing fees,
the applicant shall be required to furnish an escrow fund to pay the
professional fees and other costs incurred in reviewing the plans
and/or processing the application. Such fees shall include the reasonable
and necessary charges for the Township Engineer and other professional
consultants to review the plans, in accordance with a Fee Schedule
set by resolution of the Board of Supervisors. The amount of the escrow
fund shall be set by resolution by the Board of Supervisors. Upon
completion of the review, whether the application is approved or rejected,
any monies not expended in the review shall be refunded to the applicant.
Fees in excess of the escrow fund will be charged to the applicant.
