No project shall be considered to be in compliance with this
chapter until the streets, storm drainage facilities, sewer facilities,
survey monuments, and other required facilities have been installed
in compliance with the provisions of this chapter.
A. Improvements to the lot and connections to streets. The applicant shall agree, in writing, to construct streets and other improvements from the lot or lots to be sold or built upon to an existing improved street, subject to the provisions of Article
IX of this chapter. The work shall be performed in strict accordance with approved plans and Newlin Township standards and specifications, and where applicable, the provisions of the Pennsylvania Department of Transportation Specifications 408, latest edition.
B. Completion of improvements and deposit of escrow funds. No plan shall
be finally approved until the applicant has completed all of the necessary
and appropriate improvements as required as a condition for final
approval of a plan; or until such time as the applicant has provided
for the deposit with the Board of Supervisors of escrow funds or a
security acceptable to the Board of Supervisors in an amount sufficient
to cover 110% of the costs of any improvements which may be required,
estimated as of 90 days following the date scheduled for completion
by the applicant or developer. The escrow funds or security shall
be posted prior to the initiation of construction.
C. Type of financial security. Such financial security shall be posted
with a bonding company or federal or commonwealth-chartered lending
institution chosen by the party posting the financial security, provided
the bonding company or lending institution is authorized to conduct
such business within the commonwealth and shall conduct all legal
activities regarding the security according to Pennsylvania laws.
D. Intended use of bond. 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.
E. Adjustments to amount of security. The Board of Supervisors may annually
adjust the amount of financial security by comparing the actual cost
of the improvements which have been completed and the estimated cost
for the completion of the remaining improvements as of the expiration
of the 90th day after either the original or rescheduled date planned
for completion. Subsequent to this adjustment, the Board of Supervisors
may require the applicant to post additional security in order to
assure that the financial security equals the 110%. Any additional
security shall be posted by the applicant in accordance with this
section.
F. Computation of financial security. The amount of financial security
shall be based upon an estimate of the cost of completion of the required
improvements submitted by the applicant and prepared by a professional
engineer licensed as such in this state and certified by such engineer
to be fair and reasonable. The Board of Supervisors, upon the recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown. If the applicant and the Board of Supervisors are unable
to agree upon an estimate, then the estimate shall be recalculated
by another professional engineer licensed as such in this State and
chosen mutually by the Board of Supervisors and the applicant. The
estimate certified by the third engineer shall be presumed fair and
reasonable and shall be the final estimate. In the event that a third
engineer is so chosen, fees for the services of said engineer shall
be paid equally by the Board of Supervisors and the applicant.
G. Increase in financial security when completion requires more than
one year. 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 by an additional 10% for each one-year period beyond
the first anniversary date from posting of the 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.
H. Staging of final plans. In the case where development is projected
over a period of years, the Board of Supervisors may authorize the
submission of final plans 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.
I. Release of financial security. As the required improvements are installed,
the applicant 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, and the Board of Supervisors shall have 45 days
from receipt of such request 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 plan. Upon such
certification, the Board of Supervisors may authorize release by the
bonding company or lending institution of an amount as estimated by
the Township Engineer fairly representing the value of the completed
improvements. 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 aforesaid improvements. This
sum shall be returned upon the completion of all improvements.
J. Financial security for water and sewer utilities. If sanitary sewer
lines or water supply systems and facilities are to be installed under
the jurisdiction of any applicable authority, financial security to
assure inspection, proper completion and maintenance thereof shall
be posted in accordance with the regulations of the applicable authority
and shall not be included within the financial security as otherwise
required by this section.
K. Failure to complete improvements. In the event that the applicant
fails to satisfactorily complete any improvement in a timely manner,
the Board of Supervisors may utilize all or a portion of the escrow
funds or security to complete the improvement, stabilize any area
of land disturbance, and abate or correct any hazardous condition
that may arise from the development or construction.
Where the Board of Supervisors accept dedication of all or some
of the required improvements following completion, the Board of Supervisors
may require the posting of a performance guarantee to secure the structural
integrity and functioning of said 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 performance guarantee shall be of the same type as otherwise
required in this section with regard to installation of such improvements,
and the amount of the performance guarantee shall not exceed 15% of
the actual cost of installation of said improvements.
When the applicant has completed all of the necessary and appropriate
improvements, the applicant shall notify the Board of Supervisors,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Engineer. The Board of Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Township Engineer to inspect
all of the aforesaid improvements. The Township Engineer shall then
file a written report with the Board of Supervisors, and shall concurrently
mail a copy to the applicant by certified or registered mail. The
report shall be made and mailed within 30 days after the Township
Engineer's receipt of the inspection authorization by the Board of
Supervisors. The report shall recommend approval or rejection of the
improvements, either in whole or in part. The Board of Supervisors
shall either approve or reject the improvements and, if rejecting
the improvements, shall indicate the reasons for such rejection.
A. Notification of the applicant. The Board of Supervisors shall notify
the applicant of any action taken by the Board of Supervisors in relation
to the Township Engineer's report, in writing by certified or registered
mail, within 15 days of receipt.
B. Reimbursement of inspection expenses. The Board of Supervisors may
require the applicant to reimburse the Board of Supervisors for reasonable
and necessary expense incurred for the inspection of improvements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1) If the applicant disputes the amount of any such expense in connection
with the inspection of improvements, the applicant shall notify the
Board of Supervisors that such expenses are unreasonable or unnecessary
within 100 days of the date of billing. The Board of Supervisors shall
not disapprove or delay any application due to the notification of
the dispute.
(2) If the Board of Supervisors and the applicant cannot agree upon the
amount of reasonable and necessary expenses within 20 days from the
date of billing, the applicant and the Board of Supervisors shall
mutually agree to appoint another professional engineer to review
the expenses and make a determination as to the amount which is reasonable
and necessary.
(3) The engineer appointed by the Board of Supervisors and the applicant
shall hear evidence and review documentation that the engineer deems
necessary, and shall render a decision within 50 days of appointment.
The applicant shall be required to immediately pay the entire amount
as determined in the decision.
(4) In the event that the Board of Supervisors and the applicant cannot
agree upon the professional engineer to be appointed, the President
Judge of the Court of Common Pleas or the Magisterial District Judge
shall appoint the engineer upon application of either party.
(5) The fees of the appointed arbitrator for determining the reasonable
and necessary expenses shall be paid by the applicant and/or Township
as set forth in § 510(g)(5) of the MPC.
Upon the expiration of the eighteen-month period specified in §
185-48 of this chapter, the applicant may request the Board of Supervisors to release the performance guarantee posted in accordance with §
185-48. The release of such performance guarantee shall follow the provisions of §
185-49, provided that references to "improvement guarantee" shall be interpreted as "performance guarantee."
The applicant shall permit the Township Engineer to inspect
any improvement that may be accepted by the Board of Supervisors or
applicable authority. Such inspections shall be conducted at a reasonable
time, place and schedule as determined by the Township Engineer as
being necessary to properly evaluate the improvement.
All improvements shall be deemed to be private improvements
and only for the benefit of the specific project until such time as
they have been offered for dedication and formally accepted by the
Board of Supervisors or authority. No responsibility of any kind for
any improvements shall fall onto the Township or authority until the
improvements have been formally accepted. No improvement shall be
accepted for dedication except upon the submission of as-built drawings
by the applicant and upon inspection.