A.
After the approval of any plan of subdivision or land development,
and prior to the issuance of any building permits, the applicant or
developer shall agree in writing to construct all of the improvements
shown on the approved plans. All work on such improvements shall be
in strict conformity to the approved plans, the Township Standards
and Specifications[1] and, where applicable, the specifications of the Pennsylvania
Department of Transportation, and shall otherwise be done in a good
and workmanlike manner to fulfill the proper intent of the approved
plans.
B.
The applicant or developer shall provide a proper guarantee of the
construction of any improvements shown on the approved plans in the
form of a performance bond or bonds with surety satisfactory to the
Township or the deposit of funds in escrow (such bond, bonds or escrow
being hereafter referred to as "financial security") in the amount
as hereafter required. Such financial security shall assure the complete
installation of the required improvements within a period not longer
than three years. The Township may extend such period upon the written
application of the applicant or developer.
C.
The amount of any such 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 may adjust the amount of the required 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 may require the developer to post additional security in order to assure that the financial security equals 110% of 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. Any additional financial security shall be posted by the developer in accordance with this subsection. In the event that the developer fails to post such additional financial security, the Township shall exercise such remedies as are authorized under Article X of this chapter, including the revocation of any building permit.
D.
In determining the cost of completion of improvements to determine the amount of financial security required under Subsection C above, such cost 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, 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 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 and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate.
The financial security required pursuant to § 300-59 shall be released only upon the completion of all improvements required by the approved plans and the approval thereof by the Township Engineer. In the event that the required improvements are not completed within the required time period, the Township may declare the developer in default, take control of the financial security, and use the financial security to pay for the cost of installing any required improvements.
All sewers (capped and operative), water, gas, electric, telephone
and other pipes and conduits, and all service connections or laterals
shall be laid to the full width of the ultimate right-of-way, where
the need therefor can be reasonably anticipated, before streets are
paved. The arrangements for said service connections or laterals shall
be the responsibility of the subdivider, developer or builder.
A.
Notice.
(1)
The Township Engineer shall be notified 48 hours in advance of the
commencement of any construction or installation operation in order
that provision may be made for inspection by the Township.
(2)
Construction and installation operations shall also be subject to
inspection by Township officials during the progress of the work,
and the subdivider, developer or builder shall pay for all inspection.
B.
Samples of materials. Samples of the materials shall be furnished
to the Township in the same manner as is required of contractors under
the highway and sanitary drainage specifications.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. The Solicitor shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s). The subdivider or developer may be required to cover costs which must be incurred by the Township or other governmental jurisdiction in order to make these improvements feasible (for example, but not limited to, right-of-way acquisition). The legal and financial arrangements to cover the costs of the off-site improvements shall be the same as those herein prescribed for § 300-59, Required improvements.
Where owing to special conditions a literal enforcement of this
section would result in unnecessary hardship, the Board may permit
the sale of lots, issuance of permits, or erection of buildings where
a guarantee has been furnished, conditioned for the satisfactory completion
of improvements in accordance with the provisions of this chapter
and other applicable Township regulations, in such portion or portions
of the subdivision which the owner immediately intends to improve,
or upon which he immediately intends to erect any building or structure,
or from which he immediately intends to sell any lot or parcel fronting
on an unimproved street or road, or the Board may grant other reasonable
exceptions to the provisions of this chapter as will not be contrary
to the public interest, subject to conditions necessary to assure
adequate streets and other public improvements.[1]
