No final plan shall be approved by the Board of Commissioners of Upper Allen Township unless the installation of monuments and markers, streets, roadways, walkways, sidewalks, curbs, gutters, streetlights, fire hydrants, water mains, sanitary sewers, storm drains, stormwater detention basins, stormwater retention basins, or related drainage facilities, recreational facilities, open space improvements, landscaping and buffer yards, or other improvements required by this chapter, any other ordinance of the Township, or as specified by the Board, has been guaranteed, in writing, by the developer with financial security as hereinafter provided.
A.
Upon making application for approval of a preliminary subdivision or land development plan, the developer shall notify the Township, in writing, that the developer elects, subject to approval by the Board of Commissioners, which will not be unreasonably withheld, one of the following:
(1)
Guarantee of future performance. To file with the Township a written guarantee with financial security as hereinafter provided ensuring the installation and completion of all improvements required or specified on or for the approved plan in a manner satisfactory to the Board of Commissioners. Such written guarantee shall be secured to the Township by one of the following forms of financial security in an amount equal to 110% of the cost of the required improvements. Cost shall be determined in accordance with the PA Municipalities Planning Code.[1]
(a)
Surety bond. The developer shall obtain and file with the Township a corporate surety bond from a bonding company authorized to do business in Pennsylvania payable to the Township, conditioned upon the developer installing and completing all required improvements.
(b)
Escrow account. The developer shall deposit with the Township or with a federal or commonwealth-chartered banking institution authorized to do business in Pennsylvania cash or acceptable obligation instruments readily convertible into cash at face value to be held in escrow conditioned upon the developer installing and completing all required improvements. The Township, the developer and the escrow agent, if any, shall enter into a written agreement restricting and conditioning the escrow account in such a manner as the Township shall reasonably require to secure the installation and completion of improvements.
(c)
Letter of credit. The developer shall provide and deposit with the Township an irrevocable letter of credit from a federal or commonwealth-chartered lending institution authorized to do business in Pennsylvania payable to the Township, condition upon the developer installing and completing all required improvements.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Long-term projects.
(a)
In the event that a developer providing financial security for the installation and completion of required improvements requires more than one year to complete the same, the Board of Commissioners may, in its discretion, require that the financial security be increased by an additional 10% for each one-year period beyond the first anniversary date from the posting of security. This amount shall not exceed 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period.
(b)
In the event that a developer, through lack of diligence or good faith, through no lack of diligence or good faith, shall have failed to complete required improvements within a one-year period, the Board of Commissioners may, in its discretion, permit the continuation of the original financial security in an amount not exceeding 110% of the cost of completing the required improvements remaining uninstalled on or about the expiration of the initial one-year period.
(c)
Where a subdivision or land development is of such size as to justify the development of the same over a period of years, nothing contained in this section shall, after approval of a preliminary plan for the entire development, preclude or prevent the developer from installing and completing required improvements in sections or stages with financial security posted therefor.
B.
Release or reduction of financial security. When the developer has completed all of the required improvements and desires a release of the financial security, or has completed a part of the required improvements and desires a partial release, written notice of the requested release shall be filed with the Township Secretary or their designee, in accordance with the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Dedication and maintenance.
(1)
Completion of improvements. The Board of Commissioners may consider dedication of a roadway and its associated infrastructure after 90% of the lots or units abutting the roadway have been constructed. Partial roadways within the same block or loop may not be offered for dedication until such time as the entire roadway and its associated improvements is completed.
(2)
Dedication. Upon the installation and completion of all required improvements and upon submittal of as-built plans, electronic drawing files, and plats and legal descriptions for all improvements, in a manner satisfactory to the Township evidenced by the Township's approval, in writing, or by inaction of the Board of Commissioners upon the developer's request for release of financial security, the developer shall make a written offer of dedication to the Township of all improvements intended for public use. The Board of Commissioners shall thereupon accept all or such portions of the improvements offered for dedication as the Board shall determine, provided the developer shall have filed with the Township financial security for the maintenance of the accepted improvements, as hereinafter set forth.
(3)
As-built plans. The subdivider or developer shall furnish the Township with a minimum of three paper copies, a digital copy (PDF format is preferred), and electronic data files of all drawings showing the water system, sanitary sewer system, storm sewer system, roadway network, and other associated infrastructure, modified as necessary to show the facilities as constructed. Reproducible Mylars may be requested by the Township at any time. All drawings must be 24 inches by 36 inches and must be signed and sealed by a professional engineer or professional land surveyor attesting to the correctness of the facility information shown. Where necessary, the developer must conduct field surveys to accurately locate facilities as constructed. Electronic data files shall be in a format of a .dwg file with a spatial projection of PA State Plane projections, PA South Zone (3702), MAD83 horizontal datum, NAVD88 vertical datum, unless otherwise designated by the Township at the time that as-built drawings are prepared. The Township intends to use prints of the Mylar drawings to provide information to designers and contractors, as required by the Commonwealth of Pennsylvania Act 287,[3] as amended, and to maintain municipal records. The developer shall be responsible for bearing all costs associated with filing as-built record data, data conversion, and data storage into the Township's record system. Fees shall be paid in accordance with Article VII of this chapter.
[3]
Editor's Note: See the Underground Utility Line Protection Law, 73 P.S. § 176 et seq.
(4)
Financial security for maintenance. Before the Board of Commissioners shall accept an offer of dedication for all or any portion of the public improvements installed and completed by the developer, the Board shall require the developer to file with the Township a written guarantee of the structural integrity of the offered improvements and the functioning of the same in accordance with the design and specifications of the approved plan for a period of 18 months, such written guarantee shall be secured to the Township by one of the forms of financial security specified in § 220-4.2A(1) of this chapter in an amount not exceeding 15% of the actual cost of the dedicated improvements.
D.
Public utilities, municipal authorities and homeowners' associations. Where water mains and/or sanitary sewers and such apparatus and facilities as relate thereto are to be installed and completed by the developer as a requirement of an approved plan, such improvements shall be installed under the jurisdiction and pursuant to the rules and regulations of the public utility, municipal authority or homeowners' association to which such improvements are intended to be assigned or dedicated, and the financial security therefor shall be filed in accordance with the rules and regulations of the controlling public utility, municipal authority or homeowners' association, and no financial security therefor shall be required by the Township as provided in this chapter.
E.
Building permits. Where a developer has filed financial security as provided in the foregoing § 220-4.2A of this chapter, the issuance of building, zoning, grading, occupancy or other permits for or within the development shall not be withheld or conditioned upon the installation of the required improvements; provided, however, that occupancy permits for any buildings erected may be withheld until the improvements of the streets providing access to and from existing public streets and such buildings shall be mud-free or otherwise in a permanently passable condition and all other required improvements necessary for reasonable use or occupancy of such buildings have been installed. Roads must be maintained by the developer prior to dedication and before issuance of building or occupancy permits.
F.
Default by developer.
(1)
In the event that a developer shall default on an agreement guaranteeing the installation and completion of any required improvements or shall default on an agreement guaranteeing the maintenance of any such improvements after acceptance of dedication by the Township, the Township shall cause any required improvements to be installed and completed, or maintenance performed, and enforce against the financial security recovery of the cost of the same by any appropriate legal or equitable remedy.
(2)
Where the financial security shall be a corporate surety bond, reasonable opportunity shall be given the surety company to install and complete the required improvements or perform any required maintenance, but absent such performance by the surety company, the Township shall by its own personnel and equipment or by contract with a responsible contractor install and complete the improvements or perform the maintenance and collect all necessary cost thereof from the surety company.
(3)
Where the financial security shall be an escrow account or a letter of credit, the Township shall by its own personnel and equipment or by contract with a responsible contractor install and complete the improvements or perform the maintenance and collect all cost thereof from the escrow account or by presentation of the letter of credit.
(4)
Guarantee of improvements. If the developer chooses to install some or all improvements prior to recording a final or combined preliminary and final subdivision and/or land development plan, in place of using performance guarantees, then the developer shall be required to have adequate insurance, hold harmless agreements, an escrow account to cover the costs of inspections, an agreed upon professional estimate of the costs of the improvements to be used to establish the amount of the inspections escrow, and a written guarantee ensuring the completion of all improvements required or specified on or for the approved plan will be done so in strict accordance with the standards and specifications of this chapter and other applicable ordinances. No construction of permanent buildings or sale, lease, or rent of any individual lot or condominium unit shall occur until a final subdivision and/or land development plan has been recorded in conformance with requirements set forth in the Pennsylvania Municipalities Planning Code and § 220-7.6 of this chapter. Performance requirements and financial security shall be provided for improvements not completed prior to approving the plan for recording, in accordance with the § 220-4.2 herein.
[Added 4-6-2022 by Ord. No. 817]