[Ord. 5/3/1982, § 600]
No subdivision and/or land development application shall be given final plan approval unless the streets shall have been improved and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains or on-site water facilities, sanitary sewers or on-site sanitary sewage facilities, capped sewers, storm drains, and such other improvements as shall be required under the provisions of this chapter, shall have been constructed and installed in accordance with this chapter, and such other ordinances, codes, regulations, plans and maps as shall be applicable thereto. Further, no plan shall be finally approved for recording and no building permits shall be issued until the landowner or developer has completed all required improvements or has provided a completion and maintenance guarantee in accordance with § 22-602 herein.
[Ord. 5/3/1982, § 601]
1.
In lieu of the completion of the streets and other improvements required as a condition for the final approval of the subdivision and/or land development plan as set forth in § 22-304, Subsection 1R, and § 22-601 herein, the landowner or developer may deposit financial security acceptable to the Board of Supervisors (except as set forth in § 22-602, Subsection 1E, herein) in an amount sufficient to cover the costs of such improvements, estimated, calculated and determined in accordance with the following:
A.
Such financial security shall include, but is not
limited to, performance bonds, surety bonds, federal or commonwealth
chartered lending institution irrevocable letters of credit, and restrictive
or escrow accounts in such lending institutions. Such bond or other
security shall provide for and secure to the Township the completion
of all improvements which may be required within one year or such
other time that may be fixed by the Board of Supervisors for such
completion. Such financial security shall be posted with a bonding
company or federal or commonwealth chartered lending institution,
provided said company or institution is authorized to conduct such
business within the commonwealth.
B.
The amount of financial security shall be equal to
110% of the cost of the required improvements for which financial
security is to be posted. The cost of the improvements shall be established
by submission of bona fide bid or bids from the contractor or contractors
by the party posting the financial security to complete the improvements
or, in the absence of such bona fide bids, the cost shall be established
by an estimate prepared by the Township Engineer.
C.
If the party posting the financial security requires
more than one-year from the date of posting 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 the 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 through an estimate of costs as set forth in Subsection
1B above.
D.
In the case where the 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 sections or
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 party posting the financial
security may request that the Board of Supervisors release, or authorize
the release, from time to time, such portions of the financial security
necessary for payment to the contractor or contractors performing
the work. Any such request shall be in writing addressed to the Board
of Supervisors, whereupon, the Board shall have 45 days from receipt
of such request within which to allow the Township Engineer to certify
in writing to the Board, that said improvements have been completed
in accordance with the approved plans. Upon such certification, the
Board of Supervisors shall authorize release by the bonding company
or lending institution of an amount as estimated by the Township Engineer,
fairly representing the value of the improvements completed. The Board
of Supervisors may, prior to final release at the time of completion
and certification by the Township Engineer, require 10% of the estimated
cost of the aforementioned improvements to be retained. The Township
Engineer, in certifying the completion of work for a partial release,
shall not be bound to the amount requested by the developer, but shall
certify to the Board of Supervisors an independent evaluation of the
proper amount of partial releases.
E.
If water mains or sanitary sewer lines, or both, along
with apparatus or other facilities related thereto, are to be installed
under the jurisdiction and pursuant to the rules and regulations of
a public utility or municipal authority separate and distinct from
the Township, 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 and shall not be
included within the financial security as otherwise required by this
section.
[Ord. 5/3/1982, § 602]
1.
Upon the completion of the required improvements,
the landowner or developer shall so notify the Board of Supervisors
in writing, by certified or registered mail, sending a copy thereof
to the Township Engineer. Within 10 days after receipt of such notice,
the Board of Supervisors shall direct and authorize the Township Engineer
to inspect all of the said improvements for compliance with the terms
of this chapter.
2.
Within 30 days after receipt of the aforementioned
authorization from the Board of Supervisors, the Township Engineer
shall file a report in writing of such inspection with the Board of
Supervisors and shall concurrently mail a copy thereof to the developer
by certified or registered mail. Such report shall be detailed and
shall clearly and specifically indicate approval or rejection of such
improvement, either in whole or in part, and if such improvements,
or any part or portion thereof, shall not be approved, or shall be
rejected by the Township Engineer, such report shall contain a statement
of the reasons for such nonapproval or rejection.
3.
After receipt of the written report of the Township
Engineer, the Board of Supervisors shall act upon the same and notify
the landowner or developer by certified or registered mail of its
action with relation thereto.
4.
If any part or portion of the said improvements shall
not be approved, or shall be rejected by the Board of Supervisors,
the landowner or developer shall correct and complete the same; and,
the same procedure as set forth within this section shall be followed
and applied.
5.
The landowner or developer shall be responsible for maintenance of all improvements until such improvements as are offered for dedication are accepted by the Township. Ten percent of the completion guarantee shall be retained as financial security until a maintenance guarantee as provided for in § 22-606 herein has been posted and as-built plans are verified and accepted by the Township Engineer.
[Ord. 5/3/1982, § 603]
[Ord. 5/3/1982, § 603]
In the event that any improvements which may
be required under this chapter have not been installed as provided
in this chapter, or in accordance with the approved final plan, the
Board of Supervisors may enforce the bond or other security by appropriate
legal and equitable remedies. If the proceeds of such bond or other
security area insufficient to pay the cost of installing, or making
repairs or corrections to all the improvements covered by such bond
or security, the Board of Supervisors, may, at its option, install
part of such improvements in all or part of the subdivision or land
development and may institute appropriate legal or equitable action
to recover from the land developer the monies necessary to complete
the said improvements.
[Ord. 5/3/1982, § 604]
1.
Upon completion of the construction of improvements
in accordance with the approved subdivision or land development plan,
the following conditions shall apply to the offer of dedication of
the same and the acceptance thereof:
A.
The Board of Supervisors shall have no obligation
to take over and make public any street, or other improvement in or
abutting a subdivision or land development. If the Board of Supervisors
elects to accept an offer of dedication, such acceptance shall not
occur unless and until:
(1)
The required improvements and monuments as shown
on the approved subdivision and/or land development plan, conservation
plan, and improvement construction plan, shall have been certified
by the Township Engineer as having been constructed and installed
in accordance with the provisions of this chapter, and all other ordinances,
codes, regulations, plans and maps of the Township as shall be applicable.
(2)
A maintenance guarantee is provided through the posting of financial security, such as that deemed to be acceptable to the Township as set forth in § 22-602, Subsection 1, herein. Such guarantee shall assure the structural integrity of required improvements as well as the functioning of said improvements, in accordance with the design and specifications as depicted on the approved final plans for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be in an amount equivalent to 15% of the actual cost of installation of the required improvements.
(3)
A deed or deeds of dedication for all such improvements,
prepared and executed by the landowner or developer in accordance
with forms prescribed by the Board of Supervisors, shall have been
presented to the Board of Supervisors, together with a certificate
from the contractor or contractors evidencing the payment of all labor
and material costs, and a policy of title insurance insuring the fee
title to the said improvements as free and clear of all liens and
encumbrances and other objections to the title.
(4)
At least 50% of all lots having access to the
street has been encompassed by completed dwellings; and, the Board
of Supervisors shall determine that the public interest requires that
such improvements be accepted.
B.
The Board of Supervisors shall have no responsibility
with respect to any improvements, notwithstanding any public use thereof,
unless and until such improvements are accepted for dedication by
duly enacting or adopting an ordinance or resolution therefore.
