Before the final plan is signed and made ready for recording
or prior to the issuance of any permit needed for construction or
occupancy of any subdivision or land development, all applicants are
required to complete to the satisfaction of the Township or ensure
the completion of all required public improvements in the manner set
forth in this article.
The Township 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.
A. As the work of installing the required improvements proceeds, the
party posting the financial security may request the Board of Commissioners
to release or authorize the release, from time to time, of such portions
of the financial security necessary for payment to the contractor
or contractors performing the work.
B. Any such requests shall be in writing, addressed to the Board of
Commissioners in care of the Township Building and Planning Department,
and the Board of Commissioners shall have 45 days from receipt of
such request within which to allow the Township Engineer to certify,
in writing, to the Board of Commissioners that such portion of the
work upon the improvements has been completed in accordance with the
approved plan.
C. Upon such certification, the Board of Commissioners shall authorize
release by the bonding company or lending institution of an amount
as estimated by the Township Engineer as fairly representing the value
of the improvements completed or, if the governing body fails to act
within said forty-five-day period, the Board of Commissioners shall
be deemed to have approved the release of funds as requested.
D. The Board of Commissioners 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.
E. 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.
If the required improvements are not completely installed within
the period fixed or extended by the Township, the Township may take
one or more of the following actions:
A. 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;
B. Suspend final plan approval until the development improvements are
completed and record a document to that effect for the purpose of
public notice;
C. Obtain funds under the security and complete improvements;
D. 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 formal
agreement to complete improvements;
E. Exercise any other available rights under the Pennsylvania Municipalities
Planning Code.
Where the Board of Commissioners accepts dedication of all or
some of the required improvements following completion, the Board
of Commissioners may require the posting of financial security to
secure structural integrity of said improvements as well as the functioning
of said improvements, in accordance with the design and specifications
as depicted on the final plan for a term not to exceed 18 months from
the date of acceptance of dedication. Said financial security shall
be of the same type as otherwise required in this section with regard
to installation of such improvements, and the amount of the financial
security shall not exceed 15% of the actual cost of installation of
said improvements.
Where the maintenance of improvements 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 Township 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.
Before the Township shall cause its approval to be endorsed
upon the final plans of any subdivision or land development (except
in the case of minor subdivisions) and as a requirement for the approval
thereof, the Township may condition such approval, or otherwise require
the agreement of the owners, 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 in the final plan when required to do so by the Township in
accordance with the Township standards and specifications.
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 or any part of one of
them when such repair or reconstruction shall be specified by the
Township as necessary by reason of faulty construction, workmanship,
or materials, or the structural integrity or functionality of the
improvements is not satisfactory as determined by the 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 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 professional fees.
H. To provide in a timely manner, all construction and shop drawings
and plans, including a full set of as-built plans on paper and in
appropriate electronic format as specified by the Township Engineer.
I. Such other provision(s) as deemed necessary or desired by Township.