[Ord. 3/6/1991, § 8.1; as amended by Ord. 263,
10/14/1998, § 1.D]
1.
Before approving any subdivision or land development plan for recording,
the Board of Supervisors or Planning Commission, as the case may be,
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. Where an improvements agreement is required as part
of a minor plan approval by the Planning Commission, the improvements
agreement shall be executed by the Board of Supervisors and shall
be in a form acceptable to the Board.
2.
Purpose of Bond. The bond and other surety agreements shall stand
as security for compliance with all Township ordinances, other laws,
covenants, stipulations, conditions and rules applicable to the subdivision
for which it is filed.
3.
No construction of buildings or paving or sales of any individual
lot or condominium unit within a subdivision shall take place in any
subdivision unless there is on file, with the Township, a current
duly executed performance bond (and security escrow agreement if necessary),
or unless all rough grading is complete and all required public improvements,
utilities, streets, drainage easements, sewers and streetlights have
been completed and accepted by the Township Board of Supervisors.
4.
If a developer chooses to install all required improvements prior
to any building, in place of using performance guarantees, the Township
shall as deemed necessary require the developer to have adequate insurance,
hold harmless agreements and an escrow account to cover the costs
of inspections.
[Ord. 3/6/1991, § 8.2]
[Ord. 3/6/1991, § 8.3]
1.
Development Agreement Required.
A.
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 plan shall be
required to enter into a legally binding development agreement with
the Township prior to final plan approval.
B.
The development agreement shall guarantee the installation of said
improvements in strict accordance with all Township requirements.
C.
The final plan shall not be approved by the Commission or the Board
of Supervisors prior to the execution of this agreement and the delivery
of the performance guarantee.
2.
Terms of Development Agreement. The development agreement shall be
in the manner and form approved by the Township Solicitor and it shall
consist of the following terms, where applicable.
C.
D.
Developer's Responsibility.
(1)
Developer's responsibility for damage to other property.
(2)
Developer shall secure or maintain public liability insurance
for the duration of improvements construction. A copy (or other evidence
of coverage) shall be submitted to the Township.
(3)
A save harmless clause to protect the Township from liability.
(4)
Prevention of erosion, sedimentation and water damage to the
subject and adjacent properties.
E.
Dedication of streets, transfer of water and sewer lines and easements.
F.
The developer shall provide the Township with a set of reproducible
record plans prepared by and certified to by a professional engineer
of all streets, storm and sanitary sewers, and water distribution
facilities.
G.
The developer shall be responsible for all reasonable engineering
and legal costs and expenses for review, inspection, consultations,
and preparation of agreements.
H.
Provisions for violation of the development agreement.
I.
Any other lawful terms which the Board of Supervisors may require
to carry out the provisions of this Chapter.
J.
Signatures. The development agreement shall be signed by all landowners
and/or developers.
3.
Ownership of Land and Guarantee.
A.
A certificate of ownership in the form of Appendix 22-C.2 shall be
executed in the exact name in which title is held. If the developer(s)
of a subdivision is someone other than the landowner(s) of the subdivision,
the developer shall also execute the affidavit given above, along
with a performance bond and security agreements.
B.
Change in Ownership or Developer. Any conveyance of all or substantially
all of the unimproved lots or public improvements or roads of any
subdivision 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 Supervisors
shall determine whether the proposed new landowner and/or developer
will be financially able to fully carry out the subdivision with all
required public improvements, and before giving final approval, the
Board shall require the posting of appropriate bonds and security
agreements.
[Ord. 3/6/1991, § 8.4]
1.
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.
(c)
Such other financial security approved by the Board of Supervisors
(which approval shall not be unreasonably withheld).
(3)
Such financial security shall be posted with a bonding company
or federal- or state-chartered lending institution chosen by the party
posting the financial security, provided said bonding company or lending
institution is authorized to conduct such business within the state.
(a)
The Board of Supervisors may require that evidence be provided
that such institution or company has sufficiently adequate and secure
assets to cover the security.
(b)
The Township shall be an authorized signatory on any account
in which the escrow funds are held and all escrow funds from sales
of lots shall be paid directly to such fund, and a monthly statement
shall be furnished to the Township.
B.
Amount.
(1)
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.
(2)
Cost of Improvements.
(a)
The cost of the improvements shall be established by an estimate
prepared by the Township Engineer, unless an alternate method is permitted
to a developer under state law.
(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 shall
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.
C.
Multi-year or Multi-stage Development. In the case where development
is projected over a period of years, the Board of Supervisors may
authorize submission of final plats 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.
[Ord. 3/6/1991, § 8.5]
1.
In General. As the work of installing the required improvements proceeds,
the party posting the financial security may request the Board of
Supervisors to release or authorize the release, from time to time,
such portions of the financial security necessary for payment to the
contractor(s) performing the work.
2.
Notice of Completion. When the developer has completed an improvement,
the developer shall notify the Board of Supervisors in writing by
certified or registered mail of such completion and request for release
and shall send a copy thereof to the Township Engineer.
3.
Engineer's Report.
A.
Within 30 days of the receipt of such request, 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 at his last known address.
B.
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 improvement, either
in whole or in part.
C.
If the Engineer finds any or all of the improvements to be not as
required, he shall include a statement of the reasons for recommending
their rejection in the report.
4.
Decision by Board of Supervisors.
A.
At its first regularly scheduled meeting after receiving the Engineer's
report (but not later than 45 days of the request) the Board of Supervisors
shall review the Engineer's report and shall authorize release of
an amount as estimated by the Township Engineer fairly representing
the value of the improvements completed.
B.
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.
C.
Until final release (completion of all improvements), the Board of
Supervisors may require retention of 10% of the cost of each completed
improvement.
D.
The Board of Supervisors shall notify in writing by certified or
registered mail of the decision.
5.
Completion of Unapproved Improvements. The developer shall proceed to complete any improvements not approved by the Board of Supervisors and, upon completion, request approval in conformance with the procedures specified in § 22-805.
6.
Final Release.
A.
When the developer has completed all of the necessary and appropriate improvements, the developer shall request final approval in conformance with the procedures specified in § 22-805. See time limitations and procedures in § 510 of the Municipalities Planning Code, 53 P.S. § 10510.
B.
Such final release shall include all moneys retained under Subsection
4C.
7.
Appeal. Nothing herein, however, shall be constructed in limitation
of the developer's right to contest or question by legal proceedings
or otherwise, any determination of the Board of Supervisors or the
Township Engineer.
8.
Building Permits and Paving of Streets. A maximum of 10 building
permits at any point in time may be issued for dwellings within all
stages of a subdivision or land development for building locations
that do not have acceptable vehicular access by a street, access drive
or driveway as approved in the official plan to and from an existing
public street. Acceptable vehicular access shall mean a cartway that
is in a mud-free and permanently passable condition and with at least
a binder base course and curbing (if required) in place.
9.
Certificates of Occupancy and Completion of Improvements.
A.
No temporary certificate of occupancy shall be issued for any structure
on a lot adjoining a dedicated road in a subdivision until the structure
is safe and substantially completed in conformity to all applicable
ordinances, laws and plans with service by electricity and telephone
service and any required water, fire hydrants and sewage service and
access to the structure to a public street over a clearly permanently
passable street with at least a complete paving base course and any
required curbing installed.
B.
No final certificate of occupancy shall be issued until the structure
is completed as aforesaid with service by all utilities and access
on a street completed to required standards.
[Ord. 3/6/1991, § 8.6]
1.
Enforcement of Security.
A.
In the event that any improvements which may be required have not
been installed as provided in this Chapter or in accord with the approved
final plan, or in the event of the bankruptcy of the owner or developer,
the Board of Supervisors is hereby granted the power to elect any
corporate bond (or other security) by appropriate legal and equitable
remedies.
B.
This may include taking all actions necessary to obtain moneys under
said bond, including but not limited to seizure of undeveloped lots,
confession of judgment, suit on the bond, seizure of escrow funds,
revocation of building permits and prosecution under this Chapter.
C.
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.
2.
Completion by Township. 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
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 the moneys necessary
to complete the remainder of the improvements.
3.
Proceeds for Installation of 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, and not
for any other Township purpose.
[Ord. 3/6/1991, § 8.7]
1.
Maintenance Agreement Required.
A.
All applicants proposing any subdivision or land development which
provides for the dedication of improvements required by this Chapter
or any improvements or amenities which appear on the plan shall be
required to enter into a legally binding maintenance agreement with
the Township prior to acceptance of dedication by the Township.
B.
The dedication of any improvement shall not be accepted by the Township
prior to the execution of a maintenance agreement and the delivery
of the maintenance guarantee.
2.
Terms of Maintenance Agreement.
A.
The maintenance agreement shall be in the manner and form approved
by the Township Solicitor.
B.
The maintenance agreement shall require the applicant to make any
repair or reconstruction of any improvement stipulated in the maintenance
agreement which is specified by the Board of Supervisors as necessary
by reason of faulty construction, workmanship, or materials prior
to acceptance of such improvements by the Township.
C.
The maintenance agreement shall require the applicant to maintain
at his own cost all improvements stipulated in the maintenance agreement
for a period not to exceed 18 months from the date of acceptance or
dedication by the Township.
D.
The maintenance agreement 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 depicted on the final plat for a term not to
exceed 18 months from the date of acceptance of dedication.
E.
Snow Plowing. It shall be the responsibility of the developer to
plow snow and maintain all streets until such time as the Township
may accept such streets.
3.
Public Utilities and Authorities. If water mains or sanitary sewer
lines, or both, along with apparatus or 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 Chapter.
[Ord. 3/6/1991, § 8.8]
1.
Security. The maintenance 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.
C.
Such other financial security approved by the Board of Supervisors
(which approval shall not be unreasonably withheld).
2.
Terms. Such maintenance guarantee shall be in the form approved by
the Township Solicitor and Supervisors, payable to the Township, to
guarantee the maintenance and repair of the streets and other improvements
in the subdivision for 18 months from the date of acceptance thereof
by the Township.
3.
Amount. The amount of the maintenance guarantee shall be determined
by the Township, but shall not exceed 15% of the actual cost of installation
of such improvements.
4.
Release. After the expiration of 18 months from the date of acceptance
of said improvements, the Township shall release said maintenance
guarantee to the developer (or party posting said maintenance guarantee)
if all improvements are in satisfactory condition.
