Before approving any subdivision plan, the governing body shall require a written agreement that necessary grading, paving and street improvements, sidewalks, streetlights, fire hydrants, water mains, storm sewers and sanitary sewers, as may be required by the Township, shall be installed by the subdivider in strict accordance with the design standards and specifications of the Township within a specified time period.
The governing body shall insure, through receipt of certificates of compliance submitted and attested by the Township Engineer, that the required improvements have been installed according to the specifications of the final plan, or alternately require the posting of adequate surety to cover the cost for such improvements. The governing body shall specify one of the following alternatives, or such other alternatives as may be acceptable, for guaranteeing compliance with the requirements of this section. Decision of which alternative shall be required is that of the governing body. Final approval of a plan may not be granted until the surety required is fully provided. In any event, the required surety shall be secured along with the written agreement, prior to any construction or related activity.
A. 
Completion of improvements prior to final approval. Prior to final plan approval, the subdivider shall complete, in a manner satisfactory to the governing body and the Township Engineer, all improvements required in these regulations as specified in the final subdivision plan, and as approved by the governing body, and shall dedicate the same to the Township in accordance with these regulations. Final plan approval shall not be granted until the dedication of said improvements has been accepted by the governing body.
B. 
Guarantee of future performance. In lieu of requiring the completion of all improvements prior to final plan approval, the Township may, at its discretion, enter into a contract with the subdivider whereby the subdivider shall guarantee to complete all improvements required by this chapter, or otherwise specified by the governing body in a manner satisfactory to the governing body. To secure this contract, the subdivider shall provide, subject to the approval of the governing body, one of the following guarantees:
(1) 
Surety bond. The subdivider shall obtain a security bond from a surety bonding company authorized to do business in the Commonwealth of Pennsylvania. The bond shall be payable to the Township. The amount of financial security shall be equal to 110% of the cost of the required improvements as estimated by the subdivider and approved by the Township Engineer. The duration of the bond shall be until such time as the improvements are accepted by the Township in accordance with the requirements of this chapter.
(2) 
Escrow account:
(a) 
The subdivider shall deposit cash, or other instrument readily convertible into cash at face value, either with the Township, or in escrow with a bank. The use of any instrument other than cash, and in the case of an escrow account, the bank with which the funds are to be deposited, shall be subject to the approval of the governing body. The amount of financial security shall be equal to 110% of the cost of the required improvements as estimated by the subdivider and approved by the Township Engineer.
(b) 
In case of an escrow account, the subdivider shall file with the governing body an agreement between the financial bank and himself guaranteeing the following:
[1] 
That the funds of said escrow account shall be held in trust until released by the governing body and may not be used or pledged by the subdivider as security in any other matter during the period; and
[2] 
That in the case of a failure on the part of the subdivider to complete said improvements, the bank shall immediately make the funds in said account available to the Township for use in the completion of those improvements.
(3) 
Property escrow:
(a) 
The subdivider shall offer as a guarantee land or other property, including corporate stocks or bonds. The value of any such property shall be at least equal to 110% of the cost, as estimated by the subdivider and approved by the Township Engineer, of the installation of all contracted improvements. The County Assessor shall establish the value of any property so used, and in so doing, shall take into account the likelihood of a decline in the value of said property during the guarantee period. The governing body shall retain the right to reject the use of any property when it believes that the property will be unusually difficult to sell, or for other reasons such as will inhibit the Township from exchanging the property for a sufficient amount of money to complete the required improvements.
(b) 
When property is offered as an improvement guarantee, the subdivider shall:
[1] 
Execute an agreement with the trustee, when it is not the governing body, instructing the trust to release the property to the Township in the case of default. The agreement shall also state that the property may be released only upon consent of the governing body. The agreement shall be placed on file with the Township Secretary;
[2] 
File with the governing body an affidavit affirming that the property to be used as a guarantee is free and clear of any encumbrances or liens at the time it is to be put in trust; and
[3] 
Execute and file with the governing body an agreement stating that the property to be placed in trust as an improvement guarantee will not be used for any other purpose or pledged as a security in any other matter until it is released by the governing body.
(4) 
Extension of guarantees. If the developer requires more than one year from the date of posting financial security to complete the required improvements, the amount of security may be increased in accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Procedure.
(1) 
When the developer has completed all of the required improvements, the developer shall notify the governing body, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy thereof to the Township Engineer.
(2) 
The governing body 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, thereupon, file a report, in writing, with the governing body, and shall promptly mall a copy of the same to the developer by certified or registered mall. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the governing body. Said report shall be detailed and shall indicate approval or rejection of said improvements. If any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
(3) 
The governing body shall notify the developer within 15 days, in writing, by certified or registered mail, of the action of the governing body with relation thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
If the governing body or the Township Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to its performance guaranty bond.
(5) 
If any portion of the required improvements shall not be approved or shall be rejected by the governing body, the developer shall proceed to complete the same and upon completion, the same procedure of notification as outlined herein shall be followed.
(6) 
Nothing herein, however, shall be construed in limitation of the subdivider's or developer's right to contest or question by legal proceedings or otherwise, any determination of the governing body or the Township Engineer.
A. 
In the event that any improvements which may be required have not been constructed and installed as provided for in the written agreement, this chapter, the requirements of the governing body or in accordance with the approved final plan, the governing body shall enforce any corporate bond, or other security by appropriate legal and equitable remedies.
B. 
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 governing body may, at its option, install part of such improvements, and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements.
C. 
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 purpose.
A. 
Before the Township Engineer shall issue to the governing body a written certification that all improvements specified and required have been satisfactorily completed in accordance with the agreement and requirements relative to the land development, and in compliance with the specifications, standards, ordinances and requirements of the Township. The subdivider or developer shall be required to deposit with the Township, a corporate maintenance bond, in such amount, under such conditions, in such form and with approved surety as shall be required by the governing body. Said maintenance bond is to guarantee the repairs and maintenance by the subdivider or developer of the streets, roads, pavements, sidewalks, curbs, gutters, storm drains and facilities, sanitary sewer and facilities, sewage treatment plant and facilities and any other improvements constructed and installed in the subdivision or development, for a period of two years from the date of final and official acceptance of the above said improvements and facilities by the governing body.
B. 
The repairs and maintenance required to be performed by the subdivider or developer shall extend only to making good any inherent defects which become manifested in the materials and workmanship under ordinary conditions, and shall not be held to cover any breakage or damage caused by improper use or by accident resulting from circumstances over which the subdivider or developer has no control.
A. 
No road, street, land, way or related improvement shall be accepted as a part of the highway system of the Township or for maintenance unless opened, laid out, graded and improved in strict accordance with the standards and regulations of the Township. The requirements, specifications and standards of construction, material and appurtenances as designated herein are considered as minimum, and the governing body may as it deems advisable, revise said specifications and requirements to secure a higher standard of improvements and community development.
B. 
No stormwater drainage facilities, sanitary sewer and sewage treatment facilities, water supply and water distribution system and facilities or any other facilities or improvements will be accepted as a part of the Township's facilities for operation and maintenance unless designed and constructed in strict compliance with all the standards, specifications, rules, regulations, ordinances and requirements of the Township and of the Township Municipal Authority.
A. 
Upon the approval of a final plat, the developer shall, within 90 days of such final approval or 90 days after the date of delivery of an approved plat signed by the governing body following completion of conditions imposed for such approval, whichever is later, record such plat in the office of the Recorder of Deeds of Beaver County. Whenever such plat approval is required by a municipality, the recorder of deeds of the county shall not accept any plat for recording, unless such plat officially notes the approval of the governing body and review by the County Planning Agency, if one exists.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
After an approved subdivision plan shall have been officially recorded, the streets, parks, and other public improvements shown hereon shall be so considered to be a part of the Official Plan of the Township.
C. 
Streets, parks and other public improvements shown on a subdivision plan to be recorded shall be offered for dedication to the Township by formal notation thereof on the plan, or the owner shall note on such plan that any improvements have not been offered for dedication to the Township.
D. 
Every street, park or other improvement shown on a subdivision plan shall be deemed to be a private street, park or improvement until such time as the same shall have been offered for dedication to the Township and accepted by ordinance or resolution, or until it shall have been condemned for use as a public street, park or other improvement.
E. 
In the event that an approved subdivision plan is not recorded within the required ninety-day period, said approval shall be deemed voided and rescinded, and the plan must be resubmitted if approval is sought by the developer.
If any road or any drainage facilities in connection therewith shall be opened, constructed or dedicated for public use or travel, except in strict accordance with plans approved and recorded as herein provided, neither the governing body nor any public authorities shall place, construct or operate any sewer, drain, water pipe or other facilities, or do any work of any kind in or upon such road; and neither the governing body nor any other public authorities shall have any responsibility of any kind with respect to any such road or drainage facilities, notwithstanding any use of the same by the public; provided, however, that nothing herein contained shall prevent the laying of trunk sewers, drains, water or gas mains, if required, by engineering necessity for the accommodating of other territory.
A. 
Common open space, when provided, shall be located so as to be consistent with accepted design principles. Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving natural features.
B. 
There shall be provisions which insure that the common open space shall continue as such and be properly maintained. The developer shall either 1) dedicate such land to public use if the Township or another public agency has indicated it will accept such dedication; 2) retain ownership and responsibility for maintenance of such open space; or 3) provide for and establish one or more organizations for the ownership and maintenance of all common open space. In the case of 2) and 3) above, each organization shall be a nonprofit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
C. 
If a homeowners' association or open space trust is formed, it shall be governed according to the following regulations:
(1) 
The organization is organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
(2) 
Membership in the organization is mandatory for all purchasers of homes therein and their successors.
(3) 
The organization shall be responsible for maintenance, insurance and taxes on common open space.
(4) 
The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
(5) 
The organization shall have to hire adequate staff to administer facilities and maintain the common open space.
(a) 
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition.
(b) 
Said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.
(c) 
If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township may enter upon said common space and maintain the same for a period of one year.
(d) 
Said maintenance by the Township shall not constitute a taking, nor vest in the public any rights of use.
(e) 
Before the expiration of said year, the Township shall upon its initiative or upon the request of the organization theretofore responsible for maintenance, call a public hearing upon notice to such organization, or to the residents of the development. At the hearing, such organization or the residents of the development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year.
(f) 
If the governing body determines that such organization is ready and able to maintain said common space in reasonable condition, the Township shall cease maintenance at the end of said year.
(g) 
If the governing body shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue maintenance during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(h) 
The cost of maintenance by the Township shall be assessed against the properties within the development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the Office of the Prothonotary of Beaver County, upon the properties affected by such lien within the development.