[Ord. 5/6/1974; as amended by Ord. 6/2/1988, § I; by Ord. 6/1/1989, § XIV; by Ord. 7/5/1990, § I; by Ord. 1995-2, 1/3/1995, § 2; by Ord. 1996-1, 1/2/1996, § XIX; by Ord. 2002-2, 2/7/2002, §§ 3 and 21; by Ord. 2002-9, 12/9/2002, §§ 1, 16; by Ord. 2011-7, 11/3/2011, § 8; and by Ord. 2013-2, 2/7/2013, § 6]
1. No plan shall be finally approved unless the streets shown on such plan have been improved as may be required by this Chapter, and any walkways, curbs, gutters, street lights, fire hydrants, street trees, water mains, sanitary sewers, storm drains, stormwater management facilities or other improvements as may be required by this Chapter have been installed in accordance with this Chapter, except that the surface course of streets shall not be completed until such time as 90% of the lots in the subdivision have been improved by the construction of a dwelling if approved for residential development or by the construction of the proposed commercial or industrial structures if the lots are approved for such uses.
2. For purposes of this provision, the subdivision shall include all contiguous land owned by the same owner or owners on the date of the submission of the first preliminary plan to permit subdivision or development of such owner's land. In determining the number of lots in the subdivision, all lots proposed by a preliminary plan which has received either approval or contingent approval, shall be included. However, irrespective of the above, the surface course of any road or roads shall be completed when 90% of the lots as shown on the preliminary plan to have access provided by such street or streets have been improved by the construction of a dwelling, if approved for residential development, or by the construction of the proposed commercial or industrial structures if the lots are approved for commercial or industrial use and such street or streets can be accessed from an existing public road and have as their other terminus either an existing public road or an approved cul-de-sac.
3. The subdivider or developer shall estimate the cost of the surface course separately from the estimated cost of completing the other improvements and the estimated cost of the surface course shall be based upon the subdivider or developer's projected time table for completion of the development. The subdivider or developer shall deposit with the Township a corporate bond, letter of credit or other security acceptable to the Board of Supervisors in an amount equal to 110% of the estimated cost of the Township completing the surface course at a time 90 days following the date scheduled for completion of the same by the subdivider or developer.
4. In addition, at the discretion of the subdivider or developer, in lieu of completion of the other improvements required as a condition for final approval of a plan, such subdivider or developer may deposit with the Township a corporate bond, letter of credit or other security acceptable to the Board of Supervisors in an amount equal to 110% of the estimated cost of the Township completing required improvements at a time 90 days following the date scheduled for completion of the respective improvements by the subdivider or developer.
5. Annually the Township may adjust the amount of required financial security by redetermining the estimated cost for completion of the uncompleted improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the subdivider or developer to post additional security in order to insure that the financial security equals but does not exceed 110% of the estimated cost of the Township completing the improvements at a time 90 days following the date scheduled for completion or alternatively reduce the required security so that it equals such amount. The cost of the determination by the Township Engineer shall be paid by the subdivider or developer. Any additional security shall be posted by the subdivider or developer within 30 days after being notified of the same.
[Amended by Ord. No. 3-2022, 4/7/2022]
6. Alternatively, at the sole discretion of the Board of Supervisors, if the subdivider or developer, or other 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 an additional 10% for each one-year period beyond the first anniversary date from posting of financial security to an amount not to exceed 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.
[Amended by Ord. No. 3-2022, 4/7/2022]
7. As the work of installing the required improvements proceeds, the party posting the financial security may request the Township to release or authorize the release from time to time, such portions of the financial security necessary for the payment to the contractor or contractors performing the work. Any such request shall be in writing addressed to the governing body, and the governing body shall have 45 days from the receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work has been completed in accordance with the approved plat. Upon such certification, the Board of Supervisors shall authorize release from the required financial security of an amount as estimated by the Township Engineer as fairly representing the value of the work completed.
[Amended by Ord. No. 3-2022, 4/7/2022]
8. The value of the work completed shall be determined by subtracting from the total amount of security deposited, an amount not to exceed 110% of the estimated cost of the Township completing the uncompleted work.
[Amended by Ord. No. 3-2022, 4/7/2022]
9. At such time as 90% of the lots in the subdivision have been improved as set forth above, or if at the expiration of three years from the date all of the improvements excepting the surface course has been completed, less than 90% of the lots have been so improved, the Township shall notify the subdivider or developer to complete the surface course within 60 days from the date of such notice. In computing the sixty-day requirement, the period from October 1 to April 1 shall not be counted.
10. If at the time the surface course is completed, 90% of the lots are not improved as set forth above, the subdivider or land developer must:
A. Post with the Township a cash bond in an amount equal to 15% of the reasonable cost of the surface course as security to guarantee that damages to the road or street would not occur during the completion of the improvements on the unimproved lots in such subdivider's or developer's subdivision. The Township shall hold such cash bond and utilize it to pay for the repair of any damage occurring to the road during the period between the commencement of improvements on any particular unimproved lot and the completion of such improvements irrespective of whether or not it can be established that the damage to the road was caused by contractors or other persons working in and about the construction of such improvements.
B. Present to the Township agreements signed by the owners of all of such unimproved lots pursuant to which they will agree to pay to the Township the cost of repairing any damage occurring to roads in such subdivision during the period between the commencement of work on improvements to their lot and the completion of such improvements irrespective of whether or not it can be established that such damage was caused by contractors or other persons involved in the improvement of their respective lot.
| Irrespective of the provisions of this section, the subdivider or developer must within the 60 days next following the sale of a lot, or the issuance of a building or zoning permit to permit construction on such lot, whichever first occurs: |
(1) Complete the pavement base (see §
22-602 of this Chapter) of the streets shown on the final plan as providing the lot access to a public street or road (if the plan provides more than one means of access to the lot in question, only one such means to access is required to be improved pursuant to this section).
(2) Complete all stormwater management facilities which are intended by the final plan to handle the stormwater runoff from the lot, pursuant to the Hopewell Township Stormwater Management Ordinance [Chapter
23].
11. In a case where the subdivision or land development is projected over a period of years, and the Board of Supervisors authorizes submission of final plans by sections or stages of development, then approval of those sections or stages shall be subject to such requirements or guarantees as to improvements in future sections or stages as it finds essential for the protection of any finally approved section of the subdivision or land development.
12. As the work of installing the required improvements proceeds, the subdivider or developer posting the financial security may request the Board of Supervisors to release, or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such requests within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plan. 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, retain 10% of the estimated cost of the remaining improvements.
[Amended by Ord. No. 3-2022, 4/7/2022]
13. Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, it shall require the posting of financial security to secure the structural integrity of the improvements as well as the functioning of the improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Such financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of the improvements.
14. If water mains or sanitary sewer lines, or both, or related apparatus or facilities, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or a municipal authority separate and distinct from the Township, financial security to assure their proper completion and maintenance shall be posted in accordance with the regulations of the controlling public utility or a municipal authority, and shall not be included within the financial security as otherwise required by this section.
15. To the extent that any paragraph or part of this section requires the estimation or fixing of costs of improvements, such estimates shall be prepared by a professional engineer licensed in the Commonwealth of Pennsylvania, and certified by such engineer to be a fair and reasonable estimate of such costs, and shall be subject to review and approval by the Township Engineer.