A completion guarantee or financial security in the form of
a bond, cash deposit, cashier's check or other negotiable securities
acceptable to the Township shall provide for, and secure to the Township,
the completion of any improvements which may be required on or before
the date fixed in the formal action of approval or accompanying agreement
for completion of the improvements. The guarantee or security shall
cover any and all stormwater management facilities, BMPs, storm sewer
collection and conveyance systems, erosion and sedimentation controls
and other required improvements (collectively, "improvements") and
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 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 Township 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 developer
in accordance with this section.
The completion guarantee or financial security shall be returned
or released upon written certification by the Township Engineer or
a designated agent that improvements and facilities have been installed
and completed in accordance with the approved plan and specifications.
If improvements are not installed in accordance with the approved
final plans, the Township Board of Supervisors may enforce any corporate
bond or any security by appropriate legal and equitable remedies.
If proceeds of such bond or other security are insufficient to pay
the cost of installing or making repairs or corrections to all the
improvements covered by said security, the Township Board of Supervisors
may at its option install part of such improvements in all or part
of the development and may institute appropriate legal or equitable
action to recover the monies necessary to complete the remainder of
the improvements. All proceeds, whether resulting from the security
or from 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.
When streets, sanitary sewers, stormwater management facilities,
BMPs, erosion and sedimentation controls or other required improvements
in the development have been completed in accordance with the final
plans, such improvements shall be deemed private until such time as
they have been offered for dedication to the Township and accepted
by separate resolution of the Board of Supervisors or until they have
been condemned for use as a public facility. The Township shall be
under no obligation to accept such facilities or controls unless and
until the Township so determines that it is in the best interest of
the Township to do so.
B.
Prior to acceptance of any improvements or facilities, the Township
Engineer shall inspect the same to ensure that the same are constructed
in accordance with the approved plans and are functioning properly.
C.
The owner shall submit as-built plans for all facilities proposed
for dedication.
Prior to acceptance of any improvements or facilities, the applicant
shall provide financial security to secure the structural integrity
and functioning of the improvements. The security shall:
[Amended 6-28-2021 by Ord. No. 2021-02]
A.
Municipal project plan review fee and inspections. Fees covering
costs to the Township of Hempfield for plan review and inspection
shall be in an amount equal to 7% of the total cost to construct the
stormwater management BMPs and storm drainage facilities required
by the approved plan. This total construction cost shall be an itemized
engineer's estimate or itemized contractor quote submitted by
the applicant. The Municipal Engineer shall review this itemized quote
for accuracy and recommend to the Township whether or not it is acceptable.
No approval to begin any work on the project shall be issued until
the requisite fees have been paid.
B.
Expenses covered by fees. The fees required by this chapter shall,
at a minimum, cover:
(1)
Administrative/clerical costs.
(2)
The review of the project plan, stormwater calculations and the BMP
operation and maintenance plan by the Municipal Engineer.
(3)
The site inspections, including, but not limited to, preconstruction
meetings, inspections during construction of stormwater BMPs, review
of the as-built plans and calculations by the Municipal Engineer,
and final inspection upon completion of the stormwater BMPs.
(4)
Any additional work required to monitor and enforce any provisions
of this chapter, correct violations and assure proper completion of
stipulated remedial actions.
C.
Upon the conclusion of the as-built review and final inspection process
and payment to the Municipal Engineer and other expenses related to
the plan have been made, any remaining money collected from the fee
shall be refunded to the applicant.
D.
Amendment of required fees. The Board of Supervisors of the Township
of Hempfield may adopt by resolution, from time to time, a reasonable
schedule of fees to cover the cost of presubmissions and preconstruction
meetings, plan reviews, inspections, and other activities necessary
to administer, monitor and enforce the provisions of this chapter.
