A.
The applicant shall construct, install and complete, at no cost to
the Township, all streets and other improvements required and proposed
in the subdivision and/or land development. All work shall be performed
and completed in strict accordance with the approved final plans,
with the standards, specifications and requirements of this chapter,
other applicable ordinances, and the land development improvements
agreement, and, in the absence of any such standards, specifications
and requirements, with the applicable provisions of the latest standards,
specifications and requirements of the Pennsylvania Department of
Transportation, the Pennsylvania Department of Environmental Protection
and/or such other governmental agency or body which issues standards,
specifications and requirements relevant to the work.
B.
No subdivision and/or land development plan shall be finally approved
unless either the streets and other improvements have been constructed,
installed and completed as aforesaid, or, in lieu of such construction,
installation and completion, the applicant deposits with the Township
an improvements guarantee in accordance with this chapter.
Notwithstanding any provision of this chapter to the contrary,
the Board shall have no obligation to accept dedication of, and/or
otherwise take over and make public, any street or other improvement
in and/or abutting a subdivision and/or land development. In the event
that the Board elects to consider acceptance of dedication of any
improvement, the following conditions shall apply to any offer of
dedication and the acceptance thereof:
A.
All required or proposed improvements (including those not offered
for dedication), all utility mains and laterals, and monuments, as
shown on the approved plan or plans (including, without limitation,
the final subdivision and/or land development plan, the final utilities
plan, the final conservation plan, and the final site analysis plan)
shall have been constructed, installed and completed in accordance
with the approved plan or plans and with all applicable specifications
and requirements, all as certified by the Township Engineer.
B.
The approved final plan documents shall have been revised to an approved
as-built condition, in accordance with this chapter, showing actual
dimensions and conditions of all streets and other improvements as
actually constructed, all of the foregoing to be certified by a professional
engineer.
C.
A maintenance guarantee, with respect to the dedicated improvements,
shall have been posted in accordance with this article.
D.
A deed or deeds of dedication for the dedicated improvements, containing
such terms and in such form as shall be acceptable to the Township
Solicitor, which have (has) been prepared, executed and duly acknowledged
by all owners and other holders of interest in and of the land upon
which the dedicated improvements are situate along with a policy of
title insurance.
E.
The dedication of public roads may only occur between April 1 and
August 31 of any calendar year.
All water, gas, sewers and other utilities, and all pipes, conduits,
slants, laterals and service connections and appurtenances related
thereto, which are planned for installation under the cartway, shall
be installed prior to the paving of the street, with service connections
extended to the street line. All electrical, telephone, television
and other cable laid under the cartway shall be placed in approved
"pull-through" conduit.
A.
All work and materials for the construction of required improvements
shall be subject to inspection by a duly authorized official of the
Township, or the Township Engineer. If such inspection reveals that
work and/or materials is/are not in accordance with approved plans,
with the provisions of this or other applicable ordinance, with other
applicable standards, specifications and requirements, with the terms
of the permit issued therefor, or that erosion and sediment controls
are failing to prevent accelerated erosion or waterborne sediment
from leaving the site of construction, then said official is empowered
to require corrections to be made, to suspend or revoke building or
other applicable permits, and/or to issue a cease and desist order
which may include, without limitation, any or all of the following
until the cease and desist order is terminated as hereinafter provided:
(1)
That no lot in the subdivision shall be conveyed.
(2)
That all or a portion of the construction or other development on
any lots, or any other part of the subdivision or land development,
for which a building or other permit has been issued shall cease.
(3)
That no further building or other permits for any lots or other parts
of the subdivision or land development shall be issued.
B.
Resumption of construction. The said cease and desist order shall
be terminated upon determination by the Board that the said defects
or deviations in the work and/or material have been corrected.
C.
Schedule of inspections.
(1)
Notice shall be given to the Township Engineer at least 48 hours
in advance of any construction operation to provide for required inspections.
(2)
No underground pipes, structures, subgrades, or base courses shall
be covered until inspected and approved by the Township Engineer.
If a developer fails to comply with this regulation, he may be required
to uncover such work at his expense to permit the required inspection.
(3)
The following inspections by a duly authorized official of the Township
shall be required. These inspections by such official shall be effected
in accordance with this section and shall occur at the following intervals:
(a)
Prior to clearing and rough grading (for erosion control inspection);
(b)
Upon completion of rough grading, but prior to placing topsoil,
installing permanent drainage or other site improvements, or establishing
covers;
(c)
Upon excavation and completion of subgrade;
(d)
Upon excavation, installation, and completion of drainage facilities
and structures, community sewage systems, or water supply systems
as applicable;
(e)
Before placing stone base courses, or before initial layer of
screening;
(f)
Before binder course;
(g)
Before wearing course; and
(h)
At final inspection.
A.
In lieu of the construction, installation and completion of any improvements
required as a condition for the final approval of a subdivision and/or
development plan, the applicant shall deposit with the Township financial
security in an amount sufficient to cover the costs of constructing,
installing and completing the improvements and common amenities, including,
but not limited to, streets, walkways, curbs, gutters, streetlights,
fire hydrants, shade trees, street trees, water mains, sanitary sewers,
storm sewers, stormwater detention and/or retention basins and other
related drainage facilities, recreational facilities, open space improvements,
and buffer or screen plantings.
B.
When requested by the applicant, in order to facilitate financing,
the Board shall furnish the applicant with a signed copy of a resolution
or a letter indicating approval of the final plan contingent upon
the applicant obtaining satisfactory financial security. The final
plan or record plan shall not be signed by the Board nor recorded
until the subdivision/land development improvements agreement and
financial security agreement, providing for the financial security,
are executed as provided herein.
C.
Without limitation as to other types of financial security which
the Board 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.
D.
Such financial security shall be posted with a bonding company or
federal- or commonwealth-chartered lending institution chosen by the
applicant, provided that said bonding company or lending institution
is authorized to conduct such business within the commonwealth.
E.
Such financial security shall provide for, and secure to the public,
the construction, installation and completion of the improvements
on or before the date fixed in the formal action of the Board approving
the final subdivision and/or land development plan, or in the subdivision/land
development improvements agreement.
F.
The amount of financial security shall be equal to 110% of the cost
of completion of the improvements estimated as of 90 days following
the date scheduled for completion. Annually, the Board may adjust
the amount of the 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 date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Board may require the developer to post additional security in
order to assure that the financial security equals said 110%. Any
additional security shall be posted by the applicant in accordance
with this subsection.
G.
The amount of financial security shall be based upon an estimate
of the cost of completion of the improvements, submitted by the applicant
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 such cost. The Board, upon recommendation of the Township Engineer,
may refuse to accept such estimate for good cause shown. If the applicant
and the Board are unable 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 Board
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 Township and the applicant.
H.
If the applicant 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 financial security or to an amount not exceeding 110% of the cost
of completing the improvements as reestablished on or about the expiration
of the preceding one-year period by using the above cost-of-completion
estimating procedure.
I.
In the case where the subdivision or land development is projected
over a period of years, the Board may authorize submission of final
plans by sections or stages of subdivision or development subject
to such requirements or guarantees as to improvements in future sections
as the Board finds essential for the protection of any finally approved
section or stage of the subdivision or development.
J.
As the work of installing the improvements proceeds, the applicant
may request the Board 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 Board, and the Board shall have
45 days from receipt of such request within which to allow the Township
Engineer to certify, in writing, to the Board that such portion of
the work upon the improvements has been completed in accordance with
the approved final plan. Upon such certification, the Board shall
authorize 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 Board fails to
act within said forty-five-day period, the Board shall be deemed to
have approved the release of funds as requested. The Board may, prior
to final release at the time of completion and certification by the
Township Engineer, require retention of 10% of the estimated cost
of the aforesaid improvements.
K.
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 Township, 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.
L.
Final release of and from the improvements guarantee shall be in
accordance with this chapter.
Within 30 days after completion and approval by the Township
Engineer of all improvements, the applicant shall submit two copies
of an as-built plan showing the actual locations, dimensions, and
conditions of streets and other improvements, including easements,
and geometry and monument locations, all as certified by a registered
professional engineer to be in accordance with actual construction.
A.
The Township shall have no responsibility with respect to any open
space, street, or other improvements, notwithstanding the use of the
same by the public, unless dedication, in accordance with this chapter,
of such open space, street or other improvement is accepted by ordinance
or resolution duly enacted and adopted by the Board.
B.
The Board may require that maintenance and repair of stormwater retention
and/or detention basins or other improvements, dedication of which
is not offered or has not been accepted, shall be and remain the responsibilities
of individual lot owners, a property owners' association or similar
entity, or other organization capable of carrying out such maintenance
and repair responsibilities.
A.
When the applicant has completed all of the improvements which are
the subject of the improvements guarantee, the applicant shall notify
the Board, 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 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 Board 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 Board.
The report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Township Engineer, the report shall contain a statement of
reasons for such nonapproval or rejection.
B.
The Board shall notify the applicant within 15 days of receipt of
the Township Engineer's report, in writing, by certified or registered
mail, of the action of the Board with relation thereto.
C.
If the Board or the Township Engineer fail to comply with the time
limitation provisions contained herein, all improvements, subject
to the improvements guarantee, shall be deemed to have been approved
and the applicant shall be released from all liability pursuant to
the improvements guarantee.
D.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board, the applicant shall proceed to complete
the same and, upon completion, the same procedure of notification,
as provided hereinabove, shall be followed.
E.
Nothing herein, shall be construed as a limitation of the applicant's
right to contest or question, by legal proceedings or otherwise, any
determination of the Board or the Township Engineer.
In the event that any improvements have not been constructed,
installed and completed, as provided in this chapter, or in accordance
with the approved final subdivision and/or land development plans
and supplemental materials, and/or the Land development improvements
agreement, the Board shall have the power to enforce the financial
security provided under the improvements guarantee, or such other
available corporate bond or other security, by appropriate legal and/or
equitable remedies. If the proceeds of the security are insufficient
to pay the cost of construction, installing or completing, or of making
repairs or corrections to, all the improvements covered by said security,
the Board may, at its option, construct, install, complete, repair
and/or correct part of such improvements in all or part of the subdivision
and/or land development, and may institute appropriate legal or equitable
actions to recover monies necessary to construct, install, complete,
repair and/or correct the remainder of the improvements. All of the
proceeds, whether resulting from the security or from any legal or
equitable actions brought against the applicant, or both, shall be
used solely for the construction, installation, completion, repair,
and/or correction of the improvements covered by the security, and
not for any other municipal purpose.
A.
Where the Board accepts dedication of all or some of the improvements
following completion (whether dedication is of fee, easement or other
interest), the Board shall require the posting of maintenance security
to secure the structural integrity of the said improvements and the
functioning of the same in accordance with the design and specifications
as depicted on the approved final plan for a term of 18 months from
the date of acceptance of dedication. The maintenance security shall
be of an amount equal to 15% of the actual cost of installing said
improvement.
B.
Where maintenance and repair of stormwater retention and/or detention
facilities, streets, and other improvements are the responsibilities
of individuals lot owners, a property owners' association or similar
entity, or other organization capable of carrying out maintenance
and repair responsibilities, the Board may require that such responsibilities
be set forth in perpetual covenants or deed restrictions, running
with the land and binding upon the landowner's successors in interest,
and may further require that a fund for the initial maintenance and
repair be established in a reasonable amount.
