[Added 10-4-1989]
Although the following provisions already provide that developers must do certain things in building a development or post a performance bond acceptable to the Township to assure that those things are completed as required by the Township in accordance with specifications as set forth in this chapter, Section 10509 of the new Municipalities Planning Code[1] sets forth in much detail provisions concerning the completion of improvements required by the Township or guarantee thereof by the developer as a prerequisite to any final plan approval. This Section 10509 is incorporated herein by reference to the same, with the intention that any parts thereof that are not already a portion of this chapter shall apply hereafter, and any parts of this chapter that are now inconsistent with the provisions of Section 10509 are rendered repealed thereby, with its provisions controlling any such matter hereafter.
[1]
Editor's Note: See 53 P.S. § 10509.
A plan shall not receive final plan approval by the Board of Supervisors unless the subdivider shall have completed all such improvements at the standards required by this chapter and in accordance with the agreement signed by the Board of Supervisors and the subdivider or land developer (see § 200-30) or shall have filed with the Township a corporate bond or other security acceptable to the Board of Supervisors.
Regardless of which option outlined in § 200-29 that the subdivider or land developer chooses to follow, he shall enter into a written agreement with the Township in a manner and form set forth by the Township wherein he shall agree:
A. 
To construct or cause to be constructed, at his own expense, all streets, curbs, sidewalks, fire hydrants, streetlights, drainage facilities, street signs, monuments, capped sewers, parks and other improvements shown on the approved final plan and in strict accordance with the standards and specifications of this chapter and applicable municipal ordinances. To maintain, at his own cost, these same improvements until the same are accepted or condemned by the municipality for public use; and, for a period of one year thereafter, to repair and reconstruct the same or any part of one of them when such repair or reconstruction shall be specified by the Supervisors as necessary by reason of faulty construction, workmanship or materials.
(1) 
To pay all costs, charges or rates of the utility furnishing electric service for the lighting of the streets on or abutting said development from the lights installed by the owner until such time as the streets shown on the development plans shall be accepted as public streets.
(2) 
To obtain the easements and releases required when any street drainage facility or other improvement wherein a subdivision or land development abuts or traverses lands of persons other than the person holding legal title to the lands of the subdivision or land development at his own cost and obtain from the owner of 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 improvement, and such releases shall insure to the benefit not only of the owner of the subdivision or land development but to the municipality as well.
B. 
To promptly reimburse to the Supervisors the required attorneys' and engineers' fees.
[Amended 5-19-1983]
To assure the Township that the streets, walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements required by this chapter are installed in accordance with this chapter and the final plan, the requirement of a deposit with the Township of a corporate bond or other security acceptable to the Supervisors in an amount sufficient to cover the costs of any improvements which may be required is provided. Such bond or other security shall provide for and secure the completion of all required improvements within five years from the date of preliminary plan approval. In cases where development is projected over a period of years, the Supervisors may authorize submission of final plans by section, subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
[Amended 10-4-1989]
Section 10510 of the Municipalities Planning Code[1] sets forth many detailed provisions for release from an improvement bond posted by a developer. This § 200-32 also sets forth provisions concerning such release. Section 10510 is incorporated herein by reference to the same, with the intention that any parts thereof that are not already a portion of this chapter shall apply hereafter, and any parts of this chapter that are now inconsistent with the provisions of Section 10510 are rendered repealed thereby, with its provisions controlling any such matter hereafter.
A. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Supervisors, in writing, by certified or registered mail of the completion of the required improvements and shall send a copy to the engineer. The Supervisors shall, within 10 days after receipt of such notice, direct the engineer to inspect the required improvements. The engineer shall thereupon file a written report with the Supervisors and promptly mail a copy to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the engineer of authorization from the Supervisors; the report shall be detailed and indicate recommended approval or rejection of the required improvements, either in whole or in part; and if the improvements or any portion thereof shall be rejected by the engineer, the report shall contain a statement of reasons for rejection.
B. 
The Supervisors shall notify the developer, in writing, by certified or registered mail of the action of the Supervisors upon the engineer's report.
C. 
If the Supervisors or the engineer fail 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.
D. 
If any portion of the improvements are rejected by the Supervisors, the developer shall proceed to complete the same; and, upon completion, the same procedure of notification shall be followed.
E. 
Nothing herein shall be construed in limitation of the developer's right to contest or question, by legal proceedings or otherwise, any determination of the Supervisors or the engineer.
[1]
Editor's Note: See 53 P.S. § 10510.
In the event any improvements which may be required have not been installed as provided for in this chapter or in accordance with the approved final plan, the Supervisors shall enforce any corporate bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all of the required improvements, the Supervisors may install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or 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 Township purpose.
A. 
Preliminary plan. The developer shall, at the time of submission of the preliminary plan, delineate on the plan those open spaces, if any, proposed for common ownership and management by an association of residents or owners and those proposed for public dedication. The Supervisors shall, at the time of approval of the preliminary plan, indicate those areas it is willing to accept for public dedication.
B. 
Final plan. In such cases, the developer shall, at the time of submission of the final plan, present documents creating and governing a property owners' organization and containing the declaration of covenants, restrictions, easements, charges and liens deemed necessary to own, manage and maintain the open space areas and any associated recreational facilities. These documents shall contain the following minimum essential provisions with respect to such organizations.
(1) 
Powers and duties in maintaining and administering open spaces and recreational facilities, administering and enforcing all covenants and restrictions and in the levying, collecting and disbursing of assessments and charges.
(2) 
Membership and voting rights.
(3) 
Establishment of bonds as required to guarantee the initial construction and installation of all recreation facilities within the open space areas.
(4) 
Rights and duties of the Township, members of the organization and other residents of the proposed development in the event of a breach of any covenant or restriction.
C. 
Failure to maintain. If any organization established to own and maintain open space or any successor organization shall breach any covenant or restriction or fail to maintain the open space in reasonable order and condition, the organization, Township and any other parties in interest shall be guided by the provisions of Section 705(d) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10705(d).
In cases where a private street serving no more than two dwellings is proposed, as provided for in § 200-22A(9), the final plan drawing shall include thereon an agreement providing that such street:
A. 
Shall be private indefinitely with no Township responsibility for the care or maintenance thereof;
B. 
Shall at no future time be accepted as a public street until and unless it shall have been improved to the minimum construction requirements then in effect for Township streets and shall include the minimum right-of-way width then required for such public streets in Eldred Township.