[Ord. 2014-01, 1/6/2014]
1. 
When requested by the applicant, to facilitate financing, the Board of Supervisors shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining satisfactory financial security and executing a development agreement.
2. 
The final plan shall not be signed nor recorded until the financial security is tendered and a development agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security is not tendered and the development agreement is not executed within 90 days of the date of the resolution or contingent approval. The Board of Supervisors may, at its discretion, grant a written extension which shall be placed in writing at the request of the applicant.
[Ord. 2014-01, 1/6/2014]
1. 
No subdivision and/or 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 as set forth herein.
2. 
In lieu of the completion of any improvements, which may be required as a condition for the final approval of the subdivision or land development plan, including improvements and fees required by this chapter, the applicant shall deposit with the Township an amount as hereinafter calculated to cover the costs of such required improvements or common amenities including, but not limited to, streets, curbs, gutters, walkways, streetlights, water mains, sanitary sewers, fire hydrants, storm sewers, stormwater detention and/or retention basins, other related drainage facilities, all required landscaping, recreational facilities, open space improvements and other required improvements. A written improvements agreement in the form required by the Township shall be required at the time that security is posted as a requirement of plan approval.
3. 
Acceptable Financial Security. In addition to cash deposits and escrow accounts, and other types of financial security which the Township may approve, which shall not be unreasonably withheld, federal or commonwealth-chartered lending institution irrevocable letters of credit extending for a term of one year beyond the completion of all improvements, and restrictive or escrow accounts in such a lending institution, shall be deemed acceptable financial security for the purposes of securing the completion of the required improvements. As to letters of credit, they shall contain automatic renewal clauses and automatic 10% increases for each year beyond the initially stated completion date. Such financial security shall be posted with the Township by a bonding company or federal or commonwealth-chartered lending institution chosen by the applicant, provided such bonding company or lending institution is authorized to conduct business within the Commonwealth of Pennsylvania, and has a branch open for public business within 20 miles of Douglass Township. Such bond, or other security, shall provide for, and secure to the public the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.
4. 
Amount of Financial Security. The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated by the applicant and approved by the Township including administrative and engineering costs and expenses estimated as of 90 days following the date scheduled for completion by the applicant and all administrative and engineering inspections, fees, costs and expenses.
A. 
The amount of required financial security shall be based upon an estimate of the cost of completion and inspection of required improvements submitted by the applicant or applicants and prepared by a professional engineer licensed as such in the commonwealth and certified by such engineer to be a fair and reasonable estimate of all such costs.
B. 
The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or applicants and the Township are not able to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the commonwealth and chosen mutually by the Township and the applicant or applicants. The estimate certified by the third engineer shall be presumed fair and reasonable.
5. 
Increases in the Amount of Security. If the applicant requires more than one year from the date of posting 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 or portion thereof beyond the first anniversary date from posting of financial security or to an improvement amount not exceeding 110% of the cost of completion and inspection of the required improvements as reestablished on or about the expiration of the preceding one-year period by using the procedure described above.
6. 
Completion in Phases. In the case where development is projected over a period of years as set forth in a phasing plan incorporated as part of the approved preliminary plan, the Township may authorize submission and approval of final plans by phase subject to such requirements or guarantees covering those improvements included within the approved final plan phase as well as to improvements in future sections or phases of development it finds essential for the protection of any finally approved section of the development.
7. 
Release of Escrow.
A. 
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, portions of the financial security.
B. 
Any such request shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which the Township Engineer shall certify, in writing, to the Township whether such portion of the improvements has been completed in accordance with the approved plan and applicable specifications. Upon certification of completion, the Township shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer that fairly represents the value of the improvements completed or, if the Township fails to act within said forty-five-day period, the Township shall be deemed to have approved the release of funds as requested.
8. 
Retention of 10%. The Township shall, prior to release of any escrow at the time of completion and certification by the Township Engineer, require retention of 10% of the original amount of the posted financial security for the aforesaid improvements.
[Ord. 2014-01, 1/6/2014]
1. 
The Board of Supervisors shall at its discretion accept a part of all of the required improvements if satisfied that the applicant has complied with the approved plan and all specifications and ordinances of the Township.
2. 
The applicant shall furnish the Township with legal descriptions for all roads and easements, together with a certificate from the contractor or contractors evidencing the payment of all labor and material costs, and a title search to indicate that all roads and other improvements, such as open space and easements, are free of all liens and encumbrances. In addition, the applicant shall provide two complete sets of prints, and an electronic copy, of the completed required improvements (as-built plans) including drainage, profiles and utilities; and pay all costs for the Clerk of Courts and Recorder of Deeds of Berks County regarding the petition and resolution to the Board of Supervisors for its acceptance of the required improvements and any deed of dedication for the same. The as-built plans shall be prepared in accordance with §§ 22-312 and 22-405 herein. In addition, a set of reduced format prints showing all dimension, directions and locations of all streets proposed for dedication shall be submitted to facilitate PennDOT review for liquid fuels.
3. 
The Board of Supervisors may accept a street when at least 50% of all lots having access to such street have completed dwellings located thereon; and, the Board of Supervisors determines that the public interest requires that such streets be accepted.
4. 
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 therefor.
[Ord. 2014-01, 1/6/2014]
1. 
Where the Township accepts dedication of all or some of the required improvements following completion, the Township shall require the posting of financial security to secure structural integrity of said dedicated improvements as well as the functioning of said dedicated improvements in accordance with the design standards and specifications as shown on the final plan as recorded.
2. 
The maintenance period shall be 18 months from the date of acceptance of dedication, and/or completion of all non-dedicated improvements.
3. 
The financial security shall be of the same type as described previously in this chapter. The amount of financial security for maintenance shall be 15% of the actual cost of the installation of said dedicated improvements. A written maintenance agreement is required in the form acceptable to the Township, with the procedures for inspections and release of security at the end of the maintenance period, being the same as set forth in this section for improvements.
[Ord. 2014-01, 1/6/2014]
If water mains or sanitary sewer lines, or both, along with the 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 posed 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 the Township.
[Ord. 2014-01, 1/6/2014]
1. 
Procedural Requirements.
A. 
Partial Release.
(1) 
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 payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Township, and the Township shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Township that such portion of the work upon the improvements has been completed in accordance with the approved plat.
(2) 
Upon such certification, from the Township Engineer, the Township shall authorize the 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 or, if the Township fails to act within said forty-five-day period, the Township shall be deemed to have approved the release of funds as requested. The governing body may, prior to final release at the time of completion and certification by its Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
B. 
Final Release.
(1) 
When the applicant has completed all of the necessary and appropriate improvements, the applicant shall notify the Township, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy thereof to the Township Engineer. The Township shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the required improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Township and shall promptly mail a copy of the same to the applicant by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Township; and said report shall be detailed and shall indicate approval or rejection of said improvements, or any portion thereof.
(2) 
If the improvements are not approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such non-approval or rejection. The Township shall notify the applicant, within 15 days of receipt of the Engineer's report, in writing, by certified or registered mail, of the action of the Township with relation thereto.
(3) 
If the Township or the Township Engineer fails to comply with the time limitation provisions contained within this chapter for final release of 55 days, all improvements will be deemed to have been approved, and the applicant shall be released from liability for installation, pursuant to his performance guarantee bond or other security agreement, but shall be liable for and shall provide a maintenance guarantee as otherwise provided for herein.
(4) 
If any portion of said improvements shall not be approved or shall be rejected by the Township, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined above, shall be followed.
2. 
Reimbursement of Inspection Expenses. The applicant shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of improvements. Fees shall be based on a fee schedule adopted by resolution of the Board of Supervisors.
A. 
Invoices for reimbursement shall be submitted to the applicant by the Township on a thirty-day, monthly basis. All outstanding inspection fees and costs shall be paid to the Township by the applicant upon receipt of the invoice. If the inspection fees and costs are not reimbursed by the applicant within 100 days, Subsection 3 of this section may be used to pursue reimbursement, unless the unpaid inspection fees were disputed by the applicant within 100 days of the billing date and the dispute remains undecided.
B. 
Depending on the magnitude of the improvements, and the inspection required, an additional escrow deposit may be required against which fees may be drawn.
C. 
Subsequent to the completion of improvements, the Township Engineer, or other professional consultant, shall submit to the Township a bill for inspection services designated as a final bill, including inspection fees incurred through the release of the financial security.
D. 
In the event that the applicant disputes the amount of any expense associated with the inspection of improvements, the applicant shall, not later than 100 days after the date of transmittal of a bill for inspection services, notify the Township and the Township Engineer or consultant that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objections to the fees charged, in which case the Township shall not delay or disapprove a request for release of financial security, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses. Failure of the applicant to dispute a bill within 100 days shall be a waiver of the applicant's right to arbitration of that bill under this section.
E. 
If, the Township Engineer or other professional consultant and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 100 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional engineer or consultant to serve as an arbitrator. The applicant and professional engineer or consultant whose fees are being challenged shall by mutual agreement, appoint another professional engineer or consultant to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional engineer or consultant whose fees are being challenged.
F. 
An arbitrator so appointed in Subsection 2E above shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and shall render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the applicant or the professional engineer or consultant whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days. In the event the municipality has paid the professional engineer or consultant an amount in excess of the amount determined to be reasonable and necessary, the professional engineer or consultant shall within 60 days reimburse the excess payment.
G. 
In the event that the municipality's professional engineer or consultant and applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for appointment of an arbitrator, then, upon application of either party, the president judge of the court of common pleas of the judicial district in which the municipality is located (or if at the time there be no president judge, then the senior active judge then sitting) shall appoint such arbitrator, who, in that case, shall be neither the municipality's professional engineer or consultant, nor any professional consultant who has been retained by, or performed services for, the municipality or the applicant within the proceeding five years.
H. 
The fee of the arbitrator shall be paid by the applicant if the review fee charged is sustained by the arbitrator, otherwise it shall be divided equally between the parties. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the applicant or the professional consultant. The governing body and the consultant whose fees are the subject of the dispute shall be parties to the proceeding. If the disputed fee is upheld by the arbitrator, the fee of the arbitrator shall be paid by the charging party if the disputed fee is $2,500 or greater than the payment decided by the arbitrator. The fee of the arbitrator shall be paid in an equal amount by the applicant and the charging party if the disputed fee is less than $2,500 of the payment decided by the arbitrator.
I. 
In the event that the disputed fees have been paid and the arbitrator finds that the disputed fees are unreasonable or excessive by more than $10,000, the arbitrator shall:
(1) 
Award the amount of the fees found to be unreasonable or excessive to the party that paid the disputed fee.
(2) 
Impose a surcharge of 4% of the amount found as unreasonable or excessive to be paid to the party that paid the disputed fee.
J. 
The Township or an applicant shall have 100 days after paying a fee to dispute any fee charged as being unreasonable or excessive.
3. 
Remedies to Effect Completion of Improvements. In the event that any improvements which may be required have not been installed as provided for in the subdivision and land development ordinance or in accordance with the approved final plan, the Township shall have the power to enforce any corporate bond, or other security, by appropriate legal and equitable remedies. 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 Township may, at its option, install part of or all such improvements in the subdivision or land development and may institute appropriate legal 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 municipal purposes.