[Amended 9-20-1982 by Ord. No. 232]
A.
The applicant shall agree, in writing, to construct streets and other improvements required by this chapter from the lot or lots to be sold or built upon to an existing improved street, subject to the provisions of § 270-5 herein. The work shall be performed in strict accordance with approved plans and the Township standards and specifications or the applicable provisions of the Pennsylvania Department of Transportation Specifications 408, latest edition, or any subsequent number or section thereof. No plan shall be finally approved until the developer has completed all of the necessary and appropriate improvements as required as a condition for final approval of a plan or until such time as the applicant has provided a proper guaranty in the form of performance bond or bonds with surety satisfaction to the Township or by the deposit of funds or securities in escrow or by the presentation of an irrevocable letter of credit from a federal- or commonwealth-chartered lending institution. Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the developer, builder or subdivider posting the financial security, provided that said bonding company or lending institution is authorized to conduct business within the commonwealth. When requested by the applicant, to facilitate financing, the Township shall furnish him with a signed copy of a resolution indicating approval of the final plat contingent upon the applicant obtaining satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial security 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 written extension is granted by the Board of Supervisors. Such extension shall be placed in writing. The amount of financial security shall be equal to 110% of the cost of the required improvements for which the financial security is to be posted, estimated as of 90 days following the date scheduled for completion by the applicant. The cost of the improvements shall be based upon an estimate prepared by a professional engineer licensed in the Commonwealth of Pennsylvania. Said estimate shall be certified by said engineer to be a fair and reasonable estimate of such cost. The Township, upon recommendation of the Township Engineer, may refuse to accept said estimate for good cause shown. If the applicant and Township are unable to agree upon an estimate, the estimate shall be recalculated and recertified by another licensed professional engineer, who shall mutually be chosen by the applicant and the Township. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. Fees for the services of said third engineer shall be paid equally by the Township and applicant. The applicant shall also guarantee that no lot will be sold or building constructed in any flood-prone area prior to completion of all floodproofing measures planned for such lot and necessary access facilities.
[Amended 12-16-1991 by Ord. No. 307]
B.
Such financial
security shall provide for and secure to the public the completion
of all subdivision improvements for which such security is being posted
by the date fixed in the subdivision plan or subdivision agreement
for completion of such improvements. 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
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 to complete the required improvements.
The Township may require the applicant to post additional financial
security to assure that it equals the required 110% of the cost of
completing the required improvements as reestablished by using the
above procedure.
[Amended 12-16-1991 by Ord. No. 307]
C.
In the case
where development is projected over a period of years, the Board of
Supervisors may authorize the submission of final plans by sections
or stages of development, subject to such requirements or guaranties
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 9-20-1982 by Ord. No. 232]
A.
As the work
of installing the required improvements proceeds, the party posting
the financial security may request the Board of Supervisors to release
or authorize the release from time to time of such portions of the
financial security necessary for payment to the contractor(s) performing
the work. Any such request shall be in writing, addressed to the Board
of Supervisors and subject to the provisions for release as established
in Section 509 of Act 247, the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
B.
If a partial release is not authorized as stated in Subsection A, the financial security shall be released only upon the complete installation of the required improvements in accordance with the approved improvement construction plan. Strict compliance with the procedures established by Section 510 of Act 247, the Pennsylvania Municipalities Planning Code,[2] shall be followed with respect to the release of the performance
bond or other security. If the Board fails to comply with the time
limitations of said Section 510, all improvements will be deemed to
have been approved and the developer shall be released from all liability
pursuant to the performance bond. If the required improvements are
not completely installed within the required time period, the Board
shall declare the performance bond in default and authorize the Township
Manager to collect the amount payable thereunder. Upon receipt of
such amount, the Township shall install such improvements as were
covered by the bond and are commensurate with the extent of the building
development which has taken place in the subdivision or land development,
not exceeding in cost, however, the amount collected upon the bond.
[2]
Editor's Note: See 53 P.S. § 10510.
All sewers (capped and operative), water, gas,
electric, telephone and other pipes and conduits and all service connections
or laterals shall be laid to the full width of the ultimate right-of-way,
where the need therefor can be reasonably anticipated, before streets
are paved. The arrangements for said service connections or laterals
shall be the responsibility of the subdivider, developer or builder.
A.
Notice.
(1)
The Township
Engineer shall be notified 48 hours in advance of the commencement
of any construction or installation operation, in order that provision
may be made for inspection by the Township.
(2)
Construction
and installation operations shall also be subject to inspection by
Township officials during the progress of the work, and the subdivider,
developer or builder shall pay for all inspections.
B.
Samples of materials.
Samples of materials shall be furnished to the Township in the same
manner as is required of contractors under the highway and sanitary
drainage specifications.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed 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. The Solicitor shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s). The subdivider or developer may be required to cover costs which must be incurred by the Township or other governmental jurisdiction in order to make these improvements feasible (for example, but not limited to, right-of-way acquisitions). The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those herein prescribed for § 270-104, Required improvements.
[Added 1-15-1990 by Ord. No. 296]
A.
Existing roads.
The implementation and scheduling of the improvements required by
the Township in relation to existing roads shall be addressed by the
Township as part of the final plan approval.
B.
Proposed roads.
All improvements within the roadway right-of-way shall be completed
along all lots or units before any use and occupancy permit shall
be issued for the lot or unit which abuts the roadway improvements.
The only exception to this requirement shall be the placement of the
pavement wearing course which shall be placed upon completion of the
project. This required work shall also include those improvements
which are required on the lot or unit for which the use and occupancy
permit is required.[1]
