Before approving any final subdivision or site plan, the governing body shall require a written agreement, and appropriate financial surety as specified in § 380-59 hereinbelow, that necessary grading, paving and street improvements, sidewalks, streetlights, fire hydrants, water mains, storm sewers and sanitary sewers, and setting of monuments, as may be required by the Township, shall be installed by the developer 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
may also insure, through the posting of bonds or other surety acceptable
to the Township, the maintenance of existing public rights-of-way
and road surfaces which are in any manner utilized for transport or
related purposes during development and construction associated with
subdivision development. 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 by the governing
body 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 developer 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. The cost
associated with the Township inspection of the site infrastructure
improvements will be at the developer's expense and will be performed
on a time and material basis as required by the Township Engineer.
B.
Guarantee of future performance.
(1)
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 developer whereby the developer 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.
(2)
When requested by the developer in order to facilitate financing,
the governing body shall furnish the developer with a signed copy
of a resolution indicating approval of the final plat contingent upon
the developer obtaining a satisfactory financial security. The final
plat or record plan shall not be signed nor recorded until the financial
improvements agreement is executed. The resolution or letter of contingent
approval shall expire and be deemed to be revoked if the financial
security agreement is not executed within 90 days, unless a written
extension is granted by the governing body; such extension shall not
be unreasonably withheld and shall be placed, in writing, at the request
of the developer.
(3)
To secure this contract, the developer shall provide, subject to
the approval of the governing body, one of the following guarantees:
(a)
Surety bond. The developer 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
developer 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.
(b)
Escrow account. The developer shall deposit cash, or other instrument
readily convertible into cash at face value, either with the Township
or in escrow in 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 developer and
approved by the Township Engineer. In case of an escrow account, the
developer 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 developer as security in any other matter during the period;
and
[2]
That, in the case of a failure on the part of the developer
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.
(c)
Property escrow. The developer 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 developer and approved by the Township Engineer,
of the installation of all contracted improvements. Property value
shall be determined by means acceptable to the Township and 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 that it will inhibit the Township from exchanging the property
for a sufficient amount of money to complete the required improvements.
When property is offered as an improvement guarantee, the developer
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 Zoning/Code Enforcement
Officer.
[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.
(d)
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 shall be increased to assure that financial security equals 110%. Any additional security will be posted by the developer in accordance with § 380-59.
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, at the next scheduled meeting 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 mail
a copy of the same to the developer by certified or registered mail.
The report shall be made and mailed within 45 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 be rejected,
the report shall contain a statement of reasons for such nonapproval
or rejection.
(3)
After receipt of the Engineer's report and maintenance bond,
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.
(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.
(7)
The developer shall furnish the Township as-built drawings and deeds
of dedication of the public improvements (streets, storm drainage,
water systems and sanitary sewer), prepared by a registered engineer
or surveyor.
A.
In the event that any improvements that 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, for 18 months for
15% of the total site improvement construction costs, 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 18
months 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 or related improvement shall be accepted as
a part of the highway system of the Township or for maintenance unless
open, 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.
A.
Within 90 days after the date of approval of the final plan, the
developer shall record an approved duplicate copy of the plan (in
Mylar or other transparent reproducible form) in the office of the
County Recorder of Deeds, and file with the Zoning/Code Enforcement
Officer a recorders certificate that the approved plan has been recorded,
with the plan book and page numbers indicated.
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 the 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 facility 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 authority shall
place, construct or operate any sewer, drain, water pipe or other
facility, or do any work of any kind in or upon such road; and neither
the governing body nor any other public authority shall have responsibility
of any kind with respect to any such road or drainage facility, 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. It shall be designed as a contiguous
area easily accessible to the residents and preserving natural features.
B.
There shall be provisions that insure that the common open space
shall continue as such and be properly maintained.
(1)
The
developer shall either:
(a)
Dedicate such land to public use if the Township or another public
agency has indicated it will accept such dedications;
(b)
Retain ownership and responsibility for maintenance of such open
space; or
(c)
Provide for and establish one or more organizations for the ownership
and maintenance of all common open space.
C.
If a homeowners' association or open space trust is formed,
it shall be governed according to the following regulations:
(1)
The organization is established 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 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.
(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 in either event, said organization shall be
responsible for and liable for the complying with the provisions of
this chapter. Without limiting the foregoing, the Township may take
any and all legal action and action necessary to ensure compliance,
including at its sole discretion to enter upon the common properly,
take corrective action and invoice the organization for the cost of
the same plus an administrative fee of 10% of said cost.
(d)
Said maintenance by the Township shall not constitute a taking,
nor vest in the public any rights of use.
(e)
The costs 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.
Notwithstanding the foregoing, the Township may bring a civil action
against the organization to collect the costs of the corrective measures
plus costs and reasonable attorney's fees and may bring an action
against individual property owners for their pro rata share.
D.
This bond or financial security will be in an amount required to
properly maintain these open spaces by the Township for the initial
five-year period. The Municipal Engineer will establish an estimated
cost to be approved by the Township utilizing the information submitted
by the applicant.
E.
Dependent upon the developer and/or organization who is legally responsible
to maintain these open spaces at the end of this five-year period,
the Township has the right to require this bond or financial security
be extended indefinitely on a five-year basis.
