The requirements of this article shall apply
to all applicants submitting a final plan for subdivision or land
development in the Township. For additional details regarding these
requirements, please refer to the Township's Administrative Guidelines
for Subdivision and Land Development Proposals.
The Board of Supervisors 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. Incomplete improvements. If the required improvements
are not completely installed within the period fixed or extended by
the Board of Supervisors, the Board of Supervisors may declare the
financial security in default to collect the amount payable thereunder.
The collected security shall be used to complete the improvements
in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code.
B. Post-completion security. The applicant shall be responsible for maintenance of all improvements until they are offered for dedication and accepted by the Township, and 10% of the financial security may be held back until a maintenance guarantee has been posted by the applicant, as required in §
425-607 herein.
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 Board of Supervisors shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s) after receiving the advice of the Township Engineer and Solicitor and/or other experts. The subdivider or developer may be required to cover costs that must be incurred by the Township or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in §
425-602.
When the Board of Supervisors accepts dedication
of required improvements following their completion, the Board shall
require posting of financial security by the applicant to secure the
structural integrity and functioning of these improvements in accordance
with the design and specifications as depicted on the approved final
plan.
A. Said financial security shall be of the same type as otherwise required by §
425-602 herein.
B. The amount of financial security shall be 15% of the
actual cost of installation of the improvements.
C. The term of the guarantee shall be 18 months from
the date of acceptance of dedication.
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 Board of Supervisors 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 Supervisors shall cause
its approval to be endorsed upon the final plans of any subdivision
or land development (except in the case of minor subdivisions wherein
the Supervisors impose no condition or conditions for the approval
of the plan) and, as a requirement for the approval thereof, the owners
shall enter into a written agreement with the Township in the manner
and form set forth by the Township Solicitor, which shall include
but not be limited to the following:
A. To construct or cause to be constructed, at the owners'
expense, all streets, curbs, sidewalks, fire hydrants, streetlights,
drainage facilities, water and sewer facilities, street signs, monuments,
capped sewers, parks and other improvements shown on said final plan,
when required to do so by the Board of Supervisors, in accordance
with the standards and specifications of the Township.
B. To maintain at the owners' cost the said streets,
curbs, sidewalks, drainage facilities, water and sewer facilities,
street signs, parks, monuments, fire hydrants, streetlights, capped
sewers, 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 Board of Supervisors
as necessary by reason of faulty construction, workmanship or materials
and at or before acceptance of such improvements by the Township.
C. To install or cause to be installed, at the owners'
expense and without any cost to the Township for any part of such
installation, streetlighting facilities on all streets abutting the
subdivision.
D. 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 resolution approved by the Court
of Quarter Sessions or condemnation proceedings, and to indemnify
and save harmless the Township from and against all suits, 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.
E. Pay the inspection fees required by the Township.
F. 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 to obtain
from the owner of the lands so abutted or traversed full releases
from all damages which may result from any change in grade, construction
or otherwise of the street, drainage facility or other improvements,
and such releases shall inure to the benefit not only of the owner
of the subdivision but to the Township as well.
G. 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.
H. To promptly reimburse to the Township reasonable attorneys'
and engineers' fees.
I. Such other provision(s) as deemed necessary or desired
by the Township Supervisors or the Solicitor.