[Ord. 174, 12/20/2017]
1.
All rights-of-way of existing or new streets within the boundaries
of a subdivision or land development should be conveyed to the Township
free and clear of all liens and encumbrances, with good and marketable
title which is insurable by a reputable title company doing business
in Pennsylvania. All Township rights-of-way shall be conveyed in "fee
simple" and all PennDOT rights-of-way in permanent easements.
2.
Physical improvements to the proposed subdivision or land development
tract shall be provided, constructed and installed as shown on the
final plan and in accordance with the requirements of this chapter.
3.
As a condition for the approval of the final plan, the developer
shall execute an agreement with the Board of Supervisors as to the
installation of all improvements shown on the plan and required by
this chapter. Before the final plan may be endorsed by the Board of
Supervisors, the subdivision improvements agreement shall be executed
by the developer and the Board of Supervisors.
4.
All improvements installed by the developer shall be constructed in accordance with the design specifications as may be referenced in Part 9 of this chapter or as may be otherwise approved by the Board of Supervisors, subject to the recommendations of the Township Engineer.
5.
The supervision of the installation of the improvements as required
by this chapter shall be the responsibility of the Township Engineer,
except that the installation of those improvements which are to be
dedicated to governmental entities other than the Township shall be
supervised by engineers representing those entities.
[Ord. 174, 12/20/2017]
The following improvements shall be provided, constructed and
installed by the developer as shown on the final plan and in accordance
with the "Upper Nazareth Township Standards For Improvements Construction,"
hereinafter to be known as the "Township standards," adopted and amended
from time to time by resolution of the Board of Supervisors.
1.
Streets, curbs and sidewalks shall be constructed in accord with
the Township standards.
2.
Sanitary sewers and all related appurtenances shall be constructed
in accord with the specifications as may be adopted from time to time
by the appropriate authority which are made part of the Township standards
by reference.
3.
Water supply and distribution related improvements including fire
hydrants, shall be constructed in accord with the specifications as
may be adopted from time to time by the governing water authority
or successors, which are made part of the Township standards by reference.
4.
Stormwater management plan related improvements shall be constructed
in accord with the Township standards.
5.
Monuments and markers shall be placed in accord with the Township
standards.
6.
Streetlights, where required, shall be installed in accord with the
Township standards.
7.
Street and traffic signs shall be installed in accord with the Township
standards.
8.
Tree planting and landscaping shall be accomplished in accord with
the Township standards.
[Ord. 174, 12/20/2017]
1.
Before the Board of Supervisors shall endorse its approval on the
final plan of any subdivision or land development involving improvements
as may be required by this chapter, the developer shall enter into
a written agreement with the Board of Supervisors in the manner and
form set by the Township Solicitor, where the developer agrees as
follows:
A.
To construct or cause to be constructed at his or her own expense,
all streets, curbs, sidewalks, sanitary sewers, water supply and distribution
systems, fire hydrants, stormwater management facilities, monuments
and markers, streetlights, street signs, tree planting and landscaping,
recreation facilities, and any other improvements shown on the final
plan as otherwise approved, and in accordance with the requirements
of this chapter.
B.
To maintain at his or her own cost, the said streets, curbs, sidewalks,
sanitary sewers, water supply and distribution systems, fire hydrants,
stormwater management facilities, monuments and markers, street signs,
tree planting and landscaping, recreation facilities, and any other
improvements shown on the final plan until the same are accepted by
resolution of the Township Board of Supervisors and/or public authorities
and for a period of 18 months thereafter and to repair the same as
directed by the Board of Supervisors and/or public authority for reason
of lack of structural integrity or failure to properly function.
C.
To pay the Township's inspection, other engineering and legal
fees as related to the creation and enforcement of said agreement.
D.
To obtain any easements or releases from all damages which may be
necessary for the construction of any improvement which traverses
lands of persons other than the developer. Said releases shall insure
to the benefit of the Township and/or public authority as well as
to the developer.
E.
Whenever a traffic signal is required for traffic control to a single
nonresidential lot or development, the owner of said lot or development
will be required to install, operate and maintain the signal(s) in
perpetuity, at no cost to the Township. The perpetual operation and
maintenance shall include the signal lights, support structures, controllers,
pavement markings, payment of electricity costs and other items essential
to the traffic signal. All signalization controls shall meet the requirements
of all applicable PennDOT publications and Township standards within
Appendix F of this chapter.[1]
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
2.
Owner shall provide the Township with an agreement which states that
the owner, his heirs, or assigns will be responsible for the operation
and maintenance of the traffic signal(s). Additionally, the owner
shall provide an agreement indicating that the traffic signal and
appurtenances will be maintained by a company qualified and bonded
in the maintenance of traffic signals. All agreements required for
private ownership and maintenance of traffic signals shall be recorded
in the office for the Recorder of Deeds in and for Northampton County.
[Ord. 174, 12/20/2017]
1.
Before the Board of Supervisors approves any final plan and as a
prerequisite for approval, the developer shall deliver to the Board
of Supervisors, public utility, and/or municipal authority, a performance
guarantee in the amount of 110% of the cost of all improvements required
by this chapter, plus 5% of the cost of all improvements for engineering/layout
plus 5% of the cost for inspection, as determined in accordance with
the procedures set forth in the Pennsylvania Municipalities Planning
Code (53 P.S. § 10509 et seq.) as amended, and as is in
effect at the time of the filing, in a form and with a surety as determined
in accordance with the procedures as set forth in the Pennsylvania
Municipalities Planning Code, as amended, guaranteeing the construction
and installation of all such improvements on or before the date fixed
in the formal action of approval or accompanying agreement for completion
of the improvements. The terms of the agreement may be extended as
provided for in the Pennsylvania Municipalities Planning Code, as
amended. 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 as provided for in the Pennsylvania Municipalities
Planning Code, as amended. In the event of default under a performance
guarantee, the proceeds of the performance guarantee received by the
Townships, public utility, or municipal authority shall be used to
construct and install the improvements.
2.
Before the Board of Supervisors approves any final plan, and as a
prerequisite for approval, the developer shall deliver to the Board
of Supervisors, public utility, and/or municipal authority a maintenance
guarantee in an amount of not less than 15% of the actual cost of
the installation of all improvements required by this chapter, guaranteeing
acceptance of all such improvements by the Board of Supervisors, public
utility, and/or municipal authority.
[Ord. 174, 12/20/2017]
2.
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, the Board of Supervisors is hereby granted the power to
enforce any corporate bond, or other security by appropriate legal
and equitable remedies. If 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 monies necessary
to complete the remainder of the 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.
