Before the final plan is signed and made ready for recording
or prior to the issuance of any permits needed for construction or
occupancy of any subdivision or land development, all applicants are
required to complete to the satisfaction of the Board of Commissioners
or ensure the completion of all required public improvements in manner
set forth in this article.
The applicant shall comply with the public improvement construction
requirements in the following ways:
A.
Complete all of the improvements required by the Board of Commissioners
for final plan approval, in compliance with the requirements of this
chapter; or
B.
Provide proper financial security in a manner acceptable to the Township
to ensure the completion of all improvements, as required by this
article, in compliance with the Pennsylvania Municipalities Planning
Code.
(1)
The work completed or guaranteed shall be in strict accordance with
the conditionally approved plans and the requirements of this chapter.
(2)
No lot in a subdivision may be sold, and no permit to erect, alter,
or repair any building upon land in a subdivision or land development
will be issued unless and until a subdivision and/or land development
plan has been approved, and where required, recorded, and until the
required improvements in connection therewith have either been completed
or guaranteed for completion as required herein.
(3)
The applicant shall also guarantee that no lot will be sold or building constructed in any floodplain area except in compliance with the floodplain management requirements of this chapter, Chapter 295, Zoning, of the Township Code, and the Township Building Code.
(4)
The Board of Commissioners may defer at the time of final plan approval,
subject to appropriate conditions, the provision of any or all required
improvements, as in its judgment, are not requisite in the interests
of public health, safety and welfare, or which are inappropriate due
to the inadequacy or nonexistence of connecting facilities. A separate
public improvement agreement may be executed by the Board of Commissioners
guaranteeing completion of any deferred improvement at some later
date.
A.
In lieu of the completion of improvements required for final plan
approval, financial security, in an amount required, shall be guaranteed
to the Township in compliance with the applicable requirements of
the Pennsylvania Municipalities Planning Code. Such financial security
shall assure the complete installation of all the required improvements
to be completed on or before the date fixed in the conditional plan
approval, subdivision agreement, and/or development agreement for
completion of such improvements.
B.
The amount of such security to be posted for the completion of 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.
Annually, the Township may adjust the amount of the required financial
security by comparing the actual cost of 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 the original
scheduled date for completion or a rescheduled completion date.
C.
Determination of the cost of the completion of improvements used
for setting the amount of financial security shall be based upon an
estimate of the cost of completion of required improvements submitted
by the applicant or developer, and prepared by a professional engineer
and certified to be fair and reasonable. The Township under recommendation
of the Township Engineer shall review the estimate and adjust the
estimates as necessary.
D.
When requested by the applicant in order to facilitate financing,
the Board of Commissioners shall furnish the applicant with a signed
copy of a resolution indicating approval of the final plan contingent
upon the applicant obtaining a satisfactory financial security. final
plans will not be signed or recorded until the financial improvements
agreement is executed. The resolution 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 Board of Commissioners.
E.
The Township at its option, may accept financial security in the
form of cash escrow placed with the municipality, irrevocable letter
of credit, escrow account, or surety bond with a bonding company or
chartered lending institution chosen by the party posting financial
security provided said institution or company is authorized to conduct
such business in the Commonwealth of Pennsylvania.
The Board of Commissioners may release all or parts of the posted
financial security as completion of improvements proceeds, in compliance
with the applicable requirements of the Pennsylvania Municipalities
Planning Code and according to the requirements below:
A.
Partial release of security. As the work of the installation of the
required public improvements proceeds, the party posting the financial
security may request the Township to release or authorize the release,
from time to time, such portions of the financial security necessary
for the payment of the contractor or contractors performing the work.
Any such request shall be done in writing addressed to the municipality.
Upon receipt of the request for release of a portion of the improvement
security, the municipality shall within 45 days allow the Township
Engineer to certify, in writing, that such portion of the public improvements
has been completed in accordance with the approved plan at which time
the Township shall authorize the release to the applicant or his designee
by the bond company or lending institution of an amount of funds that
the Township Engineer feels fairly represents the value of the work
completed. If the municipality fails to act upon a request for release
of security within 45 days, the Township shall be deemed to have approved
the full release of security as requested.
B.
Incomplete improvements. If the required improvements are not completely
installed within the period fixed or extended by the Board of Commissioners,
the Board of Commissioners may take one or more of the following actions:
(1)
Declare the financial security in default and require that all improvements
be installed regardless of the of the extent of the building development
at the time the agreement is declared in default;
(2)
Suspend final plan approval until the development improvements are
completed and record a document to that effect for the purpose of
public notice;
(3)
Obtain funds under the security and complete improvements;
(4)
Assign the right to receive funds under the security to any third
party, including a subsequent owner of the property wherein improvements
were not completed in exchange for that subsequent owner's promise
to complete improvements;
(5)
Exercise any other available rights under the Pennsylvania Municipalities
Planning Code.
C.
Post-completion security. The applicant shall be responsible for
maintenance of all improvements for a period of 18 months after final
acceptance and certification of project completion.
D.
Landscaping security. The applicant shall be responsible for the
full replacement of all dead or diseased trees or shrubs for 18 months
after final acceptance and certification of project completion. Final
inspection of landscaping shall be performed while trees are fully
leafed out, typically May 1 through November 1.
A.
Notice. The Township Engineer shall be notified 48 hours in advance
of the commencement of any construction or installation operation,
to schedule an inspection by the Township. Construction and installation
operations shall also be subject to inspection by the Township during
the progress of the work. The applicant, developer, or builder shall
pay the reasonable and necessary expenses for inspections in accordance
with the fee schedule established by resolution of the Board of Commissioners.
B.
Improvement specifications. All required road improvements should be constructed in accordance with the applicable provisions of the PennDOT Form 408, current edition, including the latest revisions and other applicable regulations. All other required improvements shall be constructed in accordance with approved specifications found in Articles IV, V, and VI of this chapter. If the appropriate standards are not provided in this chapter, the following procedures shall be used:
(1)
Specifications. The specifications will be furnished to the applicant
by the Township. If any of the specifications are unavailable on the
electronic bidding system, the Township Engineer shall provide the
applicable specifications.
(2)
Sample of materials. During or after construction of any required
improvement, if the Township requires a sample of materials, said
sample shall be furnished by the appropriate contractor, in a form
specified by the Township Engineer.
C.
Delivery slips. Copies of all delivery slips for materials used in
the construction of any storm sewers, sanitary sewers, roads, curbs,
sidewalks, or any other facility within a Township right-of-way or
easement or in areas proposed for future dedication to the Township
shall be supplied to the Township.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be requested by the Township where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. All such improvements or contributions for future off-site improvements shall be considered voluntary and will not be refunded to the developer. The developer may also be requested to cover certain costs which must be incurred by the Township or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the offsite improvements shall be the same as those prescribed in § 260-92, Financial security.
A.
Conditions. The Township shall have no obligation to accept dedication
of any street or other improvement unless:
(1)
The required improvements, utility mains and laterals, and monuments,
shown on the approved plan or plans have been constructed to meet
all requirements, and are free of defects or deterioration, as evidenced
by inspection as well as by as-built plans produced by the applicant.
(2)
It is established to the satisfaction of the Board of Commissioners
that there is a need for the dedication of improvements.
(3)
A deed of right-of-way is submitted and accepted by PennDOT conforming
to the required standards qualifying the street for liquid fuels funding.
B.
Acceptance. The Township shall have no responsibility with respect
to any street or other improvement, notwithstanding the use of the
same by the public, unless the street or other improvement is accepted
by the Township through the passage of an ordinance or resolution
adopted by the Board of Commissioners.
C.
Offer of dedication.
(1)
The applicant shall submit a written offer of dedication to the Township
for the streets and other improvements including but not limited to
sidewalks, streetlights (including underground wiring of cable boxes,
wifi, etc.). The written offer of dedication shall include the following:
(3)
The Board of Commissioners may accept dedication of the streets or
other improvements by passing an ordinance (or resolution) to that
effect.
When the Board of Commissioners accepts dedication of required
improvements following their completion or certifies project completion,
the Board of Commissioners may require posting of financial security
by the applicant to secure the structural integrity and functioning
of these improvements in accordance with the design and specifications
as depicted on the approved final plan.
B.
The amount of financial security shall be 15% of the actual cost
of installation of the improvements.
C.
The term of the guarantee shall be 18 months from the date of acceptance
of dedication or certification of project completion.
D.
Prior to the issuance of the final letter to the applicant from the
Township certifying project completion and accepting dedication, said
final letter shall be cosigned by the Township Manager, Township Engineer,
and Township Director of Planning and Zoning.
Where the maintenance of improvements required by this chapter
is to be the responsibility of individual lot owners, a homeowners'
association or similar entity, or an organization capable of carrying
out maintenance responsibilities, the Board of Commissioners shall
require that maintenance responsibilities be set forth in perpetual
covenants or deed restrictions binding on the landowners' successors
in interest, and may further require that an initial maintenance fund
be established in a reasonable manner. Such improvements required
by this chapter to be perpetually maintained include, but are not
limited to, landscape buffers, street trees, stormwater management
BMPs, parking lot greening and landscaping, and private streets.
Before the Board of Commissioners shall cause its approval to
be endorsed upon the final plans of any subdivision or land development
(except in the case of minor subdivisions wherein the Board of Commissioners
may impose no condition or conditions for the approval of the plan),
and as a requirement for the approval thereof, the owners shall enter
into a written agreement with the Township in the manner and form
set forth by the Township Solicitor which shall include but not be
limited to the following:
A.
To construct or cause to be constructed or installed, at the owners'
expense, all streets, curbs, sidewalks, fire hydrants, streetlights,
stormwater facilities, water and sewer facilities, street signs, monuments,
capped sewers, parks, landscaping, line painting, and other improvements
shown the final plan when required to do so by the Board of Commissioners
in accordance with the standards and specifications of the Township.
B.
To maintain at the owners' expense all streets, curbs, sidewalks,
stormwater facilities, water and sewer facilities, street signs, parks,
monuments, fire hydrants, streetlights, capped sewers, line painting,
landscaping, and other improvements, until the same are accepted or
condemned by the Township for public use, and for a period of 18 months
thereafter to repair and reconstruct the same of any part of one of
them when such repair or reconstruction shall be specified by the
Board of Commissioners as necessary by reason of faulty construction,
workmanship, or materials, or the structural integrity or functionality
of the improvements are not satisfactory as determined by the Township
or Township Engineer.
C.
To pay all costs, charges, or rates, of the utility furnishing electric
service for the lighting of the streets on or abutting said subdivision,
from the lights installed by the owner, until such time as the streets
shown on the subdivision plans shall be accepted as public streets
of the Township by ordinance (or resolution), and to indemnify and
hold harmless the Township from and against all suit, actions, claims,
and demands for electric service to the streets shown on said plans,
or any part thereof, to the time that said streets shall be accepted
as public streets of the Township in the manner hereinabove set forth.
D.
Pay the inspection fees required by the Township.
E.
To obtain the easements and releases required when any street, drainage
facility or other improvement wherein a subdivision abuts or traverses
land of persons other than the person holding legal title to the lands
of the subdivision at his own cost, and obtain from the owner of the
lands so abutted or traversed full releases from all damages which
may change in grade, construction, or otherwise, of the street, drainage
facility or other improvements and such releases shall insure to the
benefit not only of the owner of the subdivision but to the Township
as well.
F.
To promptly remove or cause to be removed snow from the streets as
may be required for safe traverse of the streets prior to dedication.
G.
To promptly reimburse to the Township reasonable solicitors' and
engineers' fees.
H.
To provide in a timely manner all construction and shop drawings
and plans including a full set of as built plans in paper and in appropriate
electronic format as specified by the Township Engineer which shall
include all buildings, site improvements, utilities, curbs, and parking
lots, the provision of which shall be a condition of receiving a certificate
of occupancy.
I.
Such other provision(s) as deemed necessary or desired by the Board
of Commissioners.
