The requirements of this article shall apply to all applicants submitting a final plan for subdivision or land development in Marlborough Township. For additional details regarding these requirements, please refer to Article
III, Plan Submission, Processing, and Review Requirements and Procedures, of this chapter.
In lieu of the completion of improvements required for final
plan approval, financial security, in an amount and type sufficient
to cover the costs of the improvements, and inspections and review
by the Township Engineer, Solicitor, Building Inspector and other
consultants and staff of the Township shall be guaranteed to the Township
in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code. All improvements for which financial security is being
posted shall be completed on or before the date fixed in the subdivision
plat, subdivision agreement, and/or development agreement for completion
of such improvements.
The Board of Supervisors may release all or parts of the posted
financial security as completion of improvements proceeds, in compliance
with the applicable requirements of the Pennsylvania Municipalities
Planning Code.
A. Incomplete improvements. If the required improvements are not completely
installed within the period fixed or extended by the Board of Supervisors,
the Board of Supervisors may declare the financial security in default
to collect the amount payable thereunder. The collected security shall
be used to complete the improvements in compliance with the applicable
requirements of the Pennsylvania Municipalities Planning Code.
B. Post-completion security. The applicant shall be responsible for maintenance of all improvements until they are offered for dedication and accepted by the Township, and 10% of the financial security may be held back until a maintenance guarantee has been posted by the applicant, as required in §
215-61 herein.
When the Board of Supervisors accepts dedication of required
improvements following their completion, the Board shall require posting
of financial security by the applicant to secure the structural integrity
and functioning of these improvements in accordance with the design
and specifications as depicted on the approved final plan.
A. Said financial security shall be of the same type as otherwise required by §
215-56 herein.
B. The amount of financial security shall be 15% of the actual cost
of installation of the improvements, or as further specified in a
developer's agreement.
C. The term of the guarantee shall be 18 months from the date of acceptance
of dedication.
Where the maintenance of improvements is to be the responsibility
of individual lot owners, a homeowners' association or similar
entity, or an organization capable of carrying out maintenance responsibilities,
the Board of Supervisors shall require that maintenance responsibilities
be set forth in perpetual covenants or deed restrictions binding on
the landowners' successors in interest, and may further require
that an initial maintenance fund be established in a reasonable manner.