[Ord. No. 12-12-2006,
12/12/2006, § 600; as amended by Ord. No. 11-11-2014, 11/11/2014]
1.
Improvements required by the Township Supervisors may include streets,
sanitary sewers, water supply systems, stormwater management controls,
utilities, or other such improvements necessary for development of
a site.
2.
Improvements shall be installed by the subdivider/developer prior
to final plan approval or a suitable developer's agreement with satisfactory
improvement guarantee (financial security) shall be provided which
shall ensure installation of the improvements by the subdivider/developer
at the standards set forth in these regulations. All estimates and
calculations to determine the financial security required shall be
made presuming payment of prevailing wage or wages to all workers
utilized to install or complete installation of required improvements.
The final plan shall not be approved until final detailed design of
the improvements is approved and the improvements are installed and
inspected and determined to have been constructed in accordance with
the approved plans or until a suitable developer's agreement and improvement
guarantee for installation and maintenance of such improvements is
provided.
[Ord. No. 12-12-2006,
12/12/2006, § 601]
1.
Where a developer's agreement is to be utilized, such a document
shall be a legally binding contract between the developer and the
Township, and shall at a minimum include the following assurances:
A.
Development will occur as shown on the approved plot plans and that
improvements will be installed in accordance with the plans, specifications
and schedules approved by the Township Supervisors.
B.
The subdivider/developer will be responsible for bearing the cost
of installation of all required improvements for the development and
for meeting all terms of the plan's approval.
D.
Where applicable, the developer has approval from and an executed
developer's agreement with the Hemlock Municipal Sewer Cooperative
or other applicable sewer authority for installation of public sewers
in the development.
E.
Where applicable, the developer has approval from and an executed
developer's agreement with the United Water Company of Bloomsburg
or other applicable water authority for the utilization of public
water in the development.
[Ord. No. 12-12-2006,
12/12/2006, § 602; as amended by Ord. No. 11-11-2014, 11/11/2014]
1.
In lieu of completion of any improvements required as a condition
of final plan approval, the applicant shall file with the Township,
financial security (in a form determined suitable by the Township
Supervisors) as an improvement guarantee in the amount of 110% of
the cost to install the improvements estimated as of 90 days after
the date of scheduled completion of the improvements. The cost of
the required improvements shall be established by a qualified professional
engineer selected by the applicant and submitted to the Township Supervisors
for approval. Said engineer shall make such estimate presuming payment
of prevailing wage or wages to all workers utilized to install or
complete installation of required improvements. The Supervisors may
choose to reject such estimate for good cause shown.
2.
If the developer and the Township Supervisors are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by a qualified professional engineer chosen mutually by the Supervisors
and the developer. The estimate certified by this engineer shall be
presumed fair and reasonable, and shall be the final estimate. In
the event an engineer is so chosen, fees for the services of said
engineer shall be paid equally by the Supervisors and the developer.
3.
Should completion of the required improvements require more than
one year, the Supervisors may increase the amount of financial security
by an additional 10% for each one-year period beyond the first anniversary
date of the posting of the original security or to an amount not exceeding
110% of the cost of completing the required improvements, estimated
utilizing prevailing wage rates, as reestablished on or about the
expiration of the preceding one-year period.
4.
If a development is projected over a period of years, the Supervisors
may authorize submission of plans by stages, which shall be subject
to such requirements or guarantees as the Supervisors deem essential
for the protection of any finally approved section of the development.
5.
If sanitary sewer lines or water mains, or both, along with apparatus
or facilities related thereto are to be installed under the jurisdiction
and pursuant to the rules and regulations of the Hemlock Municipal
Sewer Cooperative, the United Water Company of Bloomsburg, or other
applicable sewer or water authority, financial security to assure
proper construction, inspection, and maintenance of such installations
shall be posted in accordance with the requirements of this chapter
and/or the regulations of the controlling authority or utility, as
applicable. Where the regulations of the controlling authority or
utility require the developer to provide financial security directly
to that authority or utility to guarantee proper construction, inspection
and maintenance, then such security shall not be included in the financial
security as otherwise required by this section. Copies of any such
arrangements shall however be provided to the Township as verification
that appropriate security has been posted.
6.
Further, the applicant shall not be required to provide financial
security for any improvements for which financial security is required
by and provided to the Pennsylvania Department of Transportation in
connection with the issuance of a highway occupancy permit.
[Ord. No. 12-12-2006,
12/12/2006, § 603]
1.
During the process of construction of the required improvements the
subdivider/developer shall notify the Supervisors at least five working
days prior to the initiation of each phase of the installation so
that the Township can arrange for progress inspections. Furthermore,
where the regulations of the Hemlock Township Sewer Cooperative, the
United Water Company of Bloomsburg, or other applicable sewer or water
authority require that such authority or utility oversee the installation
of sanitary sewer lines and/or public water supplies, it shall be
the responsibility of that entity to conduct and complete all such
inspections. The subdivider/developer shall coordinate all such inspections
as well as arrangements for release from any improvement guarantee
with the appropriate authority or utility.
2.
As the work of installing the required improvements proceeds, the
Supervisors may authorize the release to the subdivider/developer
of such portions of the security necessary for payment to the contractor
or contractors performing the installation of required improvements.
Any request for the release of such portions of funds shall be in
writing to the Supervisors and the Board shall have 45 days from receipt
of the request within which to authorize their Engineer to inspect
and certify, in writing, that the improvements to be covered by the
funds have been completed satisfactorily. Upon such certification,
the Supervisors shall authorize release, by the bonding company or
lending institution, of the amount estimated by the Engineer which
fairly represents the value of the completed improvements. The Supervisors
may, prior to final release at the time of completion and certification
by their Engineer, require retention of 10% of the estimated cost
of the aforesaid improvements.
3.
Under certain conditions the Supervisors may agree to other procedures
for the release of portions of any posted financial security so long
as the work has been done in accordance with the terms of plan approval.
4.
When all necessary improvements have been completed, the subdivider/developer
shall notify the Supervisors in writing, by certified or registered
mail, of said completion and shall send a copy of said notification
to the Township Engineer. The Supervisors shall, within 10 days after
receipt of such notice, authorize an inspection by their Engineer
of the aforesaid improvements. A written report shall be filed by
the Engineer with the Supervisors, and a copy mailed to the subdivider/developer
by certified or registered mail, within 30 days after receipt of the
Supervisor's inspection authorization. Said report shall indicate
approval or rejection of the completed improvements. If all or any
portion of the improvements are rejected, the report shall include
a statement of reasons for the rejection.
5.
The Supervisors shall notify the subdivider/developer within 15 days
of receipt of the Engineer's report, in writing by certified or registered
mail, of their action with respect to approval or rejection of the
completed improvements.
6.
If any portion of the completed improvements shall be found not satisfactory,
the subdivider/developer shall proceed to correct or complete those
improvements and upon completion shall notify the Supervisors by those
procedures contained in this section.
7.
Upon approval of the completed improvements, the Supervisors shall release to the subdivider/developer those funds remaining in the financial security deposit including all interest accrued thereunder. Prior to release of such funds however, the subdivider/developer shall guarantee to the Supervisors, in writing, the functioning and structural integrity of the improvements for a period of 18 months from the date of acceptance of dedication. (See also § 22-606, Subsection 2, below.)
8.
In addition, prior to release of the final portion of the financial
security deposit, the subdivider/developer shall submit record drawings
or "as-builts" to the Supervisors for all site improvements completed
and certified as completed by the Township Engineer.
9.
Should the Supervisors or their Engineer fail to comply with the
time limitations as provided, all improvements will be deemed to have
been approved and the subdivider/developer shall be released from
all liability pursuant to his performance bond or other improvement
guarantee.
[Ord. No. 12-12-2006,
12/12/2006, § 604]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Supervisors shall enforce any corporate
bond, or other security or performance guarantee, 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
Supervisors may, at their 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 subdivider/developer, or both, shall be
used solely for the installation of the improvements covered by the
security, and not any other municipal purpose.
[Ord. No. 12-12-2006,
12/12/2006, § 605]
1.
Upon completion of the required improvement(s), the subdivider/developer
shall take the final steps to dedicate those improvement(s) he intends
for public usage, and have the same accepted by the Supervisors. A
deed which dedicates the land and the improvements to the Township
shall be recorded with the final plan or shall be recorded upon completion
of the construction of such improvements and approval by the Township
Engineer, as applicable. A copy of such deed shall also be submitted
with the subdivision plan, where the construction of such improvements
is completed, inspected and approved by the applicable engineer prior
to final plan approval. In addition, the developer shall submit "as-built"
drawings to the Township for all improvements being dedicated to the
municipality. Such action shall be taken prior to acceptance of the
improvements by the Supervisors and before release of the improvement
guarantee. Further, all streets proposed for dedication to the Township
shall undergo at least one freeze/thaw cycle prior to being considered
for acceptance by the Township.
2.
Where the Township accepts dedication of all or some of the required
improvements, the Supervisors may require up to 15% of the actual
cost of installation of said improvements for financial security to
insure the structural integrity of those improvements for a term not
to exceed 18 months from the date of acceptance of dedication.
3.
The Supervisors may approve a final plan without an offer of dedication
for streets or other improvements, provided that such improvements
are noted as private on the final plan. The subdivider/developer shall
also be required to provide a notice in each deed, lease, or conveyance
setting forth an arrangement between the subdivider/developer and
the buyer or lessee for maintenance of such private facilities.
4.
Nothing herein shall however require the Township to accept dedication
of any improvements which may be required by the Township as a condition
of subdivision or land development approval.
