Before final approval of any subdivision or land development
plan, the Supervisors shall require either:
A. That the improvements required by this chapter or appearing on the
plan shall have been installed in strict accordance with the standards
and specifications of this chapter;
B. That the Township be assured by means of a reasonable subdivision
improvements agreement and financial security, acceptable to the Supervisors,
that the improvements required by this chapter will be installed;
C. A combination of Subsections
A and
B, above;
D. When requested, in writing, by the developer or his/her lending institution,
in order to facilitate financing, the Supervisors 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 request for extension is requested
and granted by the Supervisors. Such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the developer.
The subdivision improvements agreement shall be acceptable in
legal form to the Township Solicitor and shall be acceptable in content
to the Township Supervisors. The Township may require that a subdivision
improvements agreement include any of the following items, where applicable,
and such additional items as are necessary to carry out this chapter:
A. A cost estimate consisting of a tabulation of all items of work depicting
the construction required by the approved plans. Each item shall be
followed by an estimated quantity of units of measurement (cubic yards,
etc.), an estimated unit price and the respective extension being
the item total. Item totals shall be added to produce the total estimated
cost.
(1) The cost estimate shall include the following items:
(a)
Cost to prepare as-built plans;
(b)
Cost to prepare legal descriptions of deeds of dedication for
roads;
(c)
Recording fees and fees for bill of sale for utilities.
(2) As the work progresses, periodic written estimates may be submitted of work completed relative to the respective total of construction improvements for the purposes of release of the financial security posted per §
375-46D.
B. A construction schedule in a format acceptable to the Township Engineer/consultants
(e.g., but not limited to, bar charts, CPM charts, PERT charts, GANTT
diagrams, etc.) setting forth the starting date, significant milestones
and completion date for each phase of major improvements (e.g., roads,
sewers, water supply, stormwater management system, erosion and sedimentation
control, etc.). The schedule or chart may be set forth in terms of
dates, time durations, sequence of critical activities, etc., as acceptable
to the Township Engineer/consultants. Failure of the developer to
conform to the approved schedule shall be a default under the agreement
and shall enable the Township to invoke and utilize all remedies available.
C. The provision of a performance guarantee for completion of required improvements in compliance with §
375-46.
D. The provision of a maintenance guarantee in compliance with 375-48.
E. Provisions concerning the developer's responsibilities for damage
to other property (public or private), including maintenance by the
developer of public liability insurance for the duration of improvements
construction, with a hold harmless clause to protect the Township
from liability related to such work. A copy or other evidence of such
liability coverage shall be provided to the Township prior to such
work.
F. Provisions for the dedication of streets, water and sewer lines and
any other easements or improvements approved to be dedicated.
G. Provisions for the developer to reimburse the Township for all engineering
costs directly related to the review, construction and inspection
of the proposed improvements, and legal costs directly related to
the preparation of the agreement.
H. Provisions concerning any violations of the improvements agreement.
I. Any other lawful terms which the Supervisors may require to carry
out the provisions of this chapter.
J. Signatures. The agreement shall be signed by all responsible landowners
and/or developers.
K. Ownership of land and guarantee.
(1) A certificate of ownership in the form of Appendix B shall be executed in the exact name in which title is
held. If the developer(s) of a subdivision is someone other than the
landowner(s) of the subdivision, the developer shall also execute
this affidavit, along with a security agreement.
(2) Change in ownership or developer. Any conveyance of all or a substantial
portion of the unimproved lots or public improvements or streets of
any subdivision or change in developers, whether voluntary or by action
of law or otherwise, shall require the prior approval of the Supervisors.
In giving or denying said approval, the Supervisors shall require
that such new landowner and/or developer fully assume all applicable
responsibilities under the development agreement and post all the
appropriate security agreements.
L. Utility agreements. If a development will connect into a public water
or public sanitary sewage system, the applicable authority, agency
or company may also require separate development agreements.
M. As-built plans and certification. The developer shall provide the
Township with a set of reproducible as-built plans prepared by and
certified to by a professional engineer of all roadways, storm and
sanitary sewers, water distribution facilities and other underground
facilities. Placement of iron pins and/or concrete monuments shall
be certified to by a professional land surveyor.
The performance guarantee for completion of required improvements
shall meet the following requirements:
A. Type of security.
(1) Without limitation as to other types of financial security which
the Township may approve, which approval shall not be unreasonably
withheld, federal- or commonwealth-chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
(2) 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 said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
(3) Such bond or other security shall provide for, and secure to the
public, the completion of any improvements which may be required within
one year of the date fixed in the subdivision plat for completion
of such improvements.
B. Amount of security.
(1) 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 as of 90 days following the date scheduled for
completion by the developer in the official development schedule (see
375-45B), and within the process for increases to cover inflation
as permitted by the Pennsylvania Municipalities Planning Code.
(2) The cost of the improvements shall be established by an estimate prepared by a PA registered professional engineer and certified by such engineer to be a fair and reasonable estimate of such cost (see §
375-45A), and it shall be reviewed by the Township Engineer within the arbitration process permitted by the Pennsylvania Municipalities Planning Code.
(3) 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 a maximum of an additional 10% for each one-year period
beyond the first anniversary date from posting of 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 procedure.
(4) Inspection fees. The amount of financial security shall also include
an additional reasonable amount, not to exceed 10% of the estimated
cost of completion of the work, to guarantee payment of inspection
fees and related engineering costs.
(5) If at any time it appears that the amount of financial security remaining
is less than the aforesaid 110% of the cost of completing the required
improvements, including estimated inspection and engineering costs,
then the party posting the financial security shall post additional
financial security to restore the amount to the aforesaid 110%.
C. Multiyear or multistage development. In the case where development
is projected over a period of years, the Supervisors may authorize
submission of final plans by phases/stages of development, subject
to such requirements or improvements guarantees concerning future
improvements as it finds necessary for the proper functioning of each
phase and for the eventual development as a whole.
D. Release of financial security.
(1) As the work of installing the required improvements proceeds, the
party posting the financial security may request, in writing, that
the Supervisors authorize release from time to time such portions
of the financial security necessary for payment to the contractor
or contractors performing the work.
(2) The Supervisors shall have 45 days from receipt of such request within
which to allow the Township Engineer to certify, in writing, to the
Supervisors to the extent that such portion of the work upon the improvements
has been completed in accordance with the approved plat.
(3) Upon such certification, the Supervisors shall authorize release
by the bonding company or lending institution of an amount as estimated
by the Township Engineer/consultant fairly representing the value
of the improvements completed less 15% retainage.
(4) If the Supervisors fail to act within said forty-five-day period,
the Supervisors shall be deemed to have approved the release of funds
as requested.
(5) If water mains or sanitary sewer lines, or both, along with 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 municipality, financial security
to assure proper completion and maintenance thereof shall be posted
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 this section.
(6) If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, the municipality shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted on the final plat upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following:
the improvement of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plat, either upon the lot
or lots or beyond the lot or lots in question if such improvements
are necessary for the reasonable use of or occupancy of the building
or buildings.
E. Completion of unaccepted improvements. The developer shall complete
any required improvements that the Supervisors determine are not satisfactory
or complete. Upon completion, the applicant may request approval in
conformance with the procedures specified in this section.
F. Final release.
(1) When the developer has completed all of the required and necessary
improvements, the developer shall request final release in conformance
with the procedures specified in this section. See time limitations
and procedures in Section 510 of the Municipalities Planning Code.
(2) Such final release shall include all monies retained under §
375-46B.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G. Appeal. Nothing herein shall be construed to limit the developer's
right to contest or question by legal proceedings or otherwise any
determination of the Supervisors or the Township Engineer/consultant.
H. Certificate of occupancy and completion of improvements.
(1) A temporary or final certificate of occupancy shall not be issued
and a structure shall not be occupied unless all principal buildings
have access to a clearly permanently passable street with at least
a complete paving base course and any required curbing installed.
(2) In addition to Subsection
H(1) above, no final certificate of occupancy shall be issued until the structure is completed as approved with service by all required utilities and with all access onto a street completed to required standards, if applicable, and fully complies with Chapter
440, Zoning, of this Code.