A. 
Before approving any subdivision or land development plan for recording, the Board of Supervisors shall require that the Township be assured by means of a proper development agreement and performance guarantee that the improvements required by this chapter and the improvements appearing on the plan will be installed in strict accordance with the standards and specifications of this chapter.
[Amended 6-16-2009 by Ord. No. 2009-04]
B. 
Purpose of security. The security required by this article shall stand as security for compliance with all Township ordinances, other laws, covenants, stipulations, conditions and rules applicable to the subdivision or land development for which it is filed.
C. 
No construction of permanent buildings or sales of any individual lot or condominium unit shall occur within a subdivision or land development unless:
(1) 
There is on file, with the Township, current duly executed and approved security; or
(2) 
All rough grading is complete and all required public improvements, utilities, streets, drainage facilities, sewers and streetlights have been completed and accepted by the Board of Supervisors.
A. 
In all cases, the subdivider or land developer shall be responsible for the installation of all improvements required by this chapter.
B. 
The Township Engineer or other Township designee shall make such inspections of the required improvements at such intervals as may be reasonably necessary to assure compliance with this chapter. The reasonable costs of such inspection shall be borne by the subdivider or land developer, making use of an escrow account.
A. 
Development agreement required.
(1) 
All applicants proposing any subdivision or land development which provides for the installation of improvements required by this chapter or any improvements or amenities which appear on the final plan shall be required to enter into a legally binding development agreement with the Township prior to recording of the final plan.
[Amended 6-16-2009 by Ord. No. 2009-04]
(2) 
The development agreement shall guarantee the installation of said improvements in strict accordance with all Township requirements.
B. 
Terms of development agreement. The development agreement shall be acceptable in legal form to the Township Solicitor and shall be acceptable in content to the Township Board of Supervisors. The Township may require that a development agreement include any of the following items, where applicable, and such additional items as are necessary to carry out this chapter:
(1) 
The construction depicted on the approved plans, listed in itemized format, including all approved streets, drainage facilities, utility lines and other improvements.
(2) 
A work schedule setting forth the beginning and ending dates of such work tied to the construction of the development, and provisions to allow proper inspection by the Township Engineer.
(3) 
The provision of a performance guarantee for completion of required improvements in compliance with § 98-46, including a detailed breakdown of the estimated costs of the improvements, including the total amount of the performance guarantee.
(4) 
Provisions concerning the developer's responsibilities for damage to other property, including maintenance by the developer of public liability insurance for the duration of improvements construction, with a hold-harmless clause to protect the Township from liability related to such work. A copy or other evidence of such liability coverage shall be provided to the Township prior to such work.
(5) 
Provisions requiring that the applicant and/or other responsible entities ensure that erosion, sedimentation and stormwater management plans are complied with.
(6) 
Provisions for the dedication of streets, water and sewer lines and any other easements or improvements proposed to be dedicated.
(7) 
See § 98-51 concerning the requirement for a record plan.
(8) 
Provisions for the developer to reimburse the Township for all reasonable engineering costs directly related to the review, construction and inspection of the proposed development and to the review and preparation of the development agreements.
(9) 
Provisions concerning any violations of the development agreement.
(10) 
Any other lawful terms which the Board of Supervisors may require to carry out the provisions of this chapter.
(11) 
Signatures. The development agreement shall be signed by all responsible landowners and/or developers.
C. 
Ownership of land and guarantee.
(1) 
A certificate of ownership in the form of Appendix B[1] shall be executed in the exact name in which title is held. If the developer(s) is someone other than the landowner(s), the developer shall also execute this affidavit, along with a security agreement.
(2) 
Change in ownership or developer. Any conveyance of all or a substantial portion of the unimproved lots or public improvements or streets of any subdivision or land development or change in developers, whether voluntary or by action of law or otherwise, shall require the prior approval of the Board of Supervisors. In giving or denying said approval, the Board of Supervisors shall require that such new landowner and/or developer fully assume all applicable responsibilities under the development agreement and post all the appropriate security agreements.
D. 
Utility agreements. If a development will connect into a public water or public sanitary sewage system, the applicable authority, agency or company may also require separate development agreements.
The performance guarantee for completion of required improvements shall meet the following requirements:
A. 
Security.
(1) 
The guarantee shall be secured by the credit of any of the following:
(a) 
An irrevocable and unconditional letter of credit of a federal- or state-chartered lending institution;
(b) 
A restrictive or escrow account in a federal- or state-chartered lending institution; or
(c) 
Such other financial security approved by the Board of Supervisors (which approval shall not be unreasonably withheld), but not including a second or third mortgage on the unimproved lands.
(2) 
Such approved security shall provide for, and secure to the public, the completion of any improvements which may be required within one year of the date fixed in the development agreement for the completion of such improvements.
(3) 
Such financial security shall be posted with a federally issued or state-chartered lending institution chosen by the party posting the financial security, or such other approved entity, provided such institution or entity is authorized to conduct such business within the state.
(a) 
The Board of Supervisors may require that evidence be provided that such institution or entity has sufficiently adequate and secure assets to cover the security.
(b) 
The Township shall be the authorized signatory on any account in which the escrow funds are held.
B. 
Amount of security.
(1) 
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 in the official development schedule, and within the process for increases to cover inflation as permitted by the Pennsylvania Municipalities Planning Code.
(2) 
The cost of the improvements shall be established by an estimate prepared by a Pennsylvania registered professional engineer, which shall be reviewed by the Township Engineer, within the arbitration process permitted by the Pennsylvania Municipalities Planning Code.
(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 a maximum of 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 procedure.
(4) 
Inspection fees. The amount of financial security shall also include an additional 5% of the estimated cost of completion of the work to guarantee payment of inspection fees and related engineering costs.
C. 
Multiyear or multistage development. In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by phases/stages of development subject to such requirements or improvement guarantees concerning future improvements as it finds necessary for the proper functioning of each phase and for the eventual development as a whole.
A. 
Advance notice by developer of construction of improvements.
(1) 
Meetings. Prior to construction or installation of improvements in any new phase or any major facet of construction, the developer or his/her representative shall contact the Township Engineer to determine whether a preconstruction meeting is needed. The Township Engineer may require that such meeting be attended by the responsible contractor(s) and responsible representatives of the developer. In addition, meetings may be required with the utility companies as needed.
(2) 
The developer or his/her representative shall provide a minimum of three business days' prior notice to the Township Subdivision Administrator or his/her designee (such as an inspector) prior to beginning each major facet of construction, in order to allow the scheduling of inspections. See also § 98-57K(11), which requires five business days' advance notice for street construction.
(3) 
The developer should notify the Township in writing when 1/3 and 2/3 of the total dollar value of the improvements are completed, and a list of those items completed.
(4) 
See § 98-48A(1)(b) concerning improvements completed without proper Township inspection.
B. 
Request for release of security. When an improvement has been completed, the party posting the financial security shall notify the Township and request in writing to the Board of Supervisors by certified or registered mail release of related financial security. The developer shall send a copy of letter to the Township Engineer at the same time.
C. 
Engineer's report.
(1) 
Within 30 days of a receipt under Subsection B, the Township Engineer shall submit a written report certifying which improvements have been completed in accordance with the approved plan to the Board of Supervisors and mail a copy of such report by certified or registered mail to the developer or his/her representative at his/her last known address.
(2) 
This report shall be based on the inspections made according to the approved inspection schedule included in the development agreement and shall recommend approval or rejection of the improvements, either in whole or in part.
(3) 
If the Township Engineer finds any or all of the improvements to be not as required, he/she shall include a statement of the reasons for recommending their rejection in the report.
D. 
Decision by Board of Supervisors.
(1) 
At its first regularly scheduled meeting after receiving the Engineer's report (but not later than 45 days of the receipt of the request) the Board of Supervisors shall review the Township Engineer's report and shall authorize release of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed.
(2) 
The Board of Supervisors shall be deemed to have approved the release of funds as requested if the Board of Supervisors fails to act within 45 days of receipt of the developer's request.
(3) 
Until final release (completion of all improvements), the Board of Supervisors may require retention of a maximum of 10% of the cost of each completed improvement.
(4) 
The Board of Supervisors shall notify the developer in writing by certified or registered mail of the decision.
E. 
Completion of unaccepted improvements. The developer shall complete any required improvements that the Board of Supervisors determines are not satisfactory or complete. Upon completion, the applicant may request approval in conformance with the procedures specified in this § 98-47.
F. 
Final release.
(1) 
When the developer has completed all of the required and necessary improvements, the developer shall request final release in conformance with the procedures specified in this § 98-47. See time limitations and procedures in Section 510 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10510.
(2) 
Such final release shall include all moneys retained under Subsection D.
G. 
Appeal. Nothing herein shall be construed to limit the developer's right to contest or question by legal proceedings or otherwise any determination of the Board of Supervisors or the Township Engineer.
H. 
Certificates of occupancy and completion of improvements.
(1) 
A temporary or final certificate of occupancy shall not be issued and a structure shall not be occupied unless all principal buildings have access to a clearly permanently passable street with at least a complete paving base course and any required curbing installed.
(2) 
In addition to Subsection H(1) above, no final certificate of occupancy shall be issued until the structure is completed as approved with service by all required utilities and with all access onto a street completed to required standards, if applicable.
A. 
Enforcement of security.
(1) 
In the event that any improvements that were required have not been installed as provided in this chapter or the approved final plan or the development agreement, or in the event of the bankruptcy of the owner or developer, or in the event the performance security lapses in time before the required improvements are completed, then the Board of Supervisors is hereby granted the power to elect to enforce any security posted under this chapter by appropriate legal and equitable remedies.
(a) 
Such remedies may include taking all actions necessary to ensure improvements are completed without cost to the Township, including but not limited to:
[1] 
Seizure of undeveloped lots;
[2] 
Seizure of escrow funds;
[3] 
Revocation or suspension of building permits or suspension of issuance of new building permits;
[4] 
Nonrelease of performance securities;
[5] 
Nonapproval of occupancy certificates;
[6] 
Request for additional performance security;
[7] 
Nonacceptance of improvements;
[8] 
Removal, reconstruction or replacement of substandard improvements at the cost of the developer; and
[9] 
Civil prosecution of a violation of this chapter.
(b) 
Construction without inspection. If required improvements have been completed without providing the Township Engineer or his/her representatives with proper opportunity for inspection, and as a result the Township Engineer cannot determine whether the improvements were properly constructed, then the Board of Supervisors may require that the developer, at the developer's expense, remove, replace, sample, test or reconstruct such improvements as necessary to determine compliance with this chapter and other applicable Township standards.
(2) 
Rate of construction. Failure of a developer to construct streets and other public improvements reasonably at the same time or prior to the construction of the buildings served by those streets or public improvements, and at the same rate in time at which buildings are completed, shall be a violation of this chapter and a cause for default of the security.
B. 
Completion by Township. If the proceeds of such 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 or replace 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.
C. 
Proceeds for installation of improvements. The proceeds from use of the security and/or from any legal or equitable action brought against the developer shall be used solely for the installation of the improvements covered by such security and directly related administrative costs.
A. 
Maintenance guarantee required. All applicants proposing any subdivision or land development which provides for the dedication of improvements required by this chapter shall be required to provide a legally binding maintenance guarantee to the Township prior to acceptance of dedication of the improvements by the Township. In most cases, this guarantee will be part of the security agreement.
B. 
Terms of maintenance guarantee. The maintenance guarantee shall be acceptable in legal form to the Township Solicitor and in content to the Board of Supervisors, and shall include all of the following:
(1) 
That the applicant make any repair or reconstruction of any improvement stipulated in the maintenance agreement which is specified by the Board of Supervisors if needed because of faulty construction, workmanship, or materials, prior to acceptance of such improvement by the Township;
(2) 
That the applicant maintain at his/her own cost all improvements stipulated in the maintenance agreement, up to a maximum period of 18 months from the date of completion, except for any special purpose escrow or maintenance agreements required by the Township; and
(3) 
That the applicant post 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 plan, for a maximum term of 18 months from the date of completion.
C. 
Public utilities and authorities. If water mains or sanitary sewer lines, or both, and related apparatus or facilities are to be installed under the jurisdiction and under the rules and regulations of a public utility or municipal authority, 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. This amount of financial security shall not also be required by the Township if it is required by such utility or authority.
D. 
Type of security. The maintenance guarantee shall be secured by the same form of security as is permitted for the improvements guarantees.
E. 
Terms. Such maintenance guarantee shall be in the form approved by the Township Solicitor and Board of Supervisors, payable to the Township, to guarantee the maintenance and repair of the streets and other public improvements in the subdivision or land development for 18 months from the date of completion. The applicant shall prove to the satisfaction of the Board of Supervisors that there will be an acceptable system for the long-term maintenance of any stormwater detention basins.
F. 
Amount. The amount of the maintenance guarantee shall be determined by the applicant's engineer, conditioned upon acceptance by Board of Supervisors, but shall not exceed 15% of the actual cost of installation of such improvements.
G. 
Release. After a maximum of 18 months from the date of acceptance of dedication of said improvements, the Township shall release the maintenance guarantee to the developer (or party that posted the guarantee) if all improvements are in satisfactory condition, as determined by the Township.
[Added 5-1-2014 by Ord. No. 2014-02]
A. 
Developer responsibility. If the operation, ownership or control of any PennDOT-required facilities in relation to, or associated with, a subdivision or land development (e.g., traffic signals, other traffic controls or stormwater management facilities) is required by PennDOT to be with the Township, for so long as the facilities or any replacement or substitutions thereof shall be in existence and/or required by PennDOT, the developer shall be responsible for the cost of maintaining the facilities. This shall include the costs and expenses incident to the ownership, operation, maintenance, control, repair, replacement, and insuring of the facilities ("facility maintenance costs"). If two or more developers are involved in development projects that use the facilities, either as a result of occurring simultaneously or where one project is developed and there is subsequent development that contributes to the use of said facilities, then each developer shall contribute a proportionate share of the facilities maintenance costs by paying a proportionate share into the Facility Maintenance Fund. The responsibility for the facilities shall be attached to the land via deed or other recorded agreement.
B. 
Facility Maintenance Fund. The developer shall deliver to the Township an initial amount reasonably determined by the Township Engineer to be equivalent to the estimated facility maintenance costs for the ensuing two-year period, or in the case of multiple developers, a proportionate share of the estimated costs for the ensuing two-year period (the "initial maintenance fund"). The initial maintenance fund and all supplemental deposits shall be held in a separate noncommingled account. The amount of the Facility Maintenance Fund shall be annually increased by additional deposits delivered by the developer or developers in an amount reasonably determined by the Township Engineer to be equivalent to the estimated facility maintenance costs for the ensuing two-year period ("supplemental deposits"). The annual review shall occur at the regular Township Supervisors meeting in January of each year. Interest shall accrue on the Facility Maintenance Fund, with the accrued interest calculated and included in the amount necessary to satisfy the estimated two years of the facility maintenance costs. The developer shall pay to the Township such amounts as are necessary to supplement the Facility Maintenance Fund following such annual review, within 30 days of the date of the Township's written invoice or statement.
C. 
Surety and use of fund.
(1) 
The funds deposited into the Facility Maintenance Fund shall be deposited in a money market account, certificate of deposit, or other instrument or account of the Township's choice, provided that such account or financial instrument is insured by the Federal Deposit Insurance Corporation or any similar agency of the United States of America. The Township shall have the right to withdraw funds from the Facility Maintenance Fund necessary to pay expenses incurred with respect to the facility maintenance costs. In the event of any such withdrawal, the Township shall give written notice thereof to the developer, specifying the nature of the charge or expense and providing a written statement thereof. The Township shall be the sole signatory with respect to the Facility Maintenance Fund; provided, however, that such fund shall be considered a trust account and shall not be subject to lien or attachment.
(2) 
A developer or developers may request the payment of a lump-sum amount for the facility maintenance costs, in lieu of the procedure set forth above, which may be approved at the discretion of the Board of Supervisors upon the recommendation of the Township Engineer.