Before the Township shall allow any building permits to be issued
after approval of the final plan of any subdivision or land development
(except in the case of minor subdivisions wherein the Supervisors
impose no conditions for the approval of the plan, or in the case
of a waiver from the land development process), the owners shall enter
into a written agreement with the Township in the manner and form
set forth by a standard contract, wherein they shall agree:
A.
To construct or cause to be constructed, at the owner's expense,
all streets, curbs, sidewalks, water and sewer mains, fire hydrants,
streetlights, drainage facilities, street signs, monuments, parks,
landscaping, recreation facilities and other improvements shown on
said final plan when required to do so by the Board of Supervisors,
in accordance with the approved final plan in strict accordance with
the standards and specifications of the Township.
B.
To maintain, at the owner's cost, the said improvements until the
same are accepted 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, at or before acceptance of such improvements
by the Township.
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 resolution approved by the Court of Common Pleas
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 the said
streets shall be accepted as public streets of the Township in the
manner hereinabove set forth.
E.
To obtain the easements and releases required when any street, drainage
facility or other improvement in a subdivision abuts or traverses
lands 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 result from a change in grade, construction or otherwise
of the street, drainage facility or other improvement, and such releases
shall inure to the benefit not only of the owner of the subdivision
but to the Township as well. The easements and releases must be recorded
before the plan is recorded.
A.
In order to assure the Township that the streets, drainage facilities, curbs, sidewalks, street signs, water and sewer mains, fire hydrants, streetlighting facilities, monuments, parks, landscaping, recreational facilities and other improvements shown on said final plan, which the Board of Supervisors shall require the owner to install at his own expense, will be constructed and installed in strict accordance with the approved final plan, and with the standards, regulations and specifications of the Township and will be maintained until accepted or condemned by the Township, the owner shall furnish to the Township funds or financial security acceptable to the Township as the equivalent thereof, to be held in reserve, in an amount sufficient to cover the cost, as estimated by the Township Engineer of the construction and installation of the aforesaid improvements and of lighting the streets, until the same shall be accepted by the Township, in accordance with the terms of a written agreement prepared by the Township Solicitor, which shall be entered into by the owner and the Township. Such agreement shall provide that, as the work of constructing the required public improvements progresses, the Township or agent holding said funds will release and refund to the order of the owner from the funds deposited sums equivalent to the estimated value of work completed, less a 10% retainer, upon the delivery of a certificate of completion signed by the owner, the subcontractor performing the work, the Township Engineer and the Township Manager. Otherwise said funds will be held by the Township or agent to the benefit and use of the Township in the event the owner fails or neglects to perform the terms provided for under § 191-73 of this chapter.
B.
After the owner shall have completed all of the improvements required by said agreement and has received the final payment provided under the aforementioned agreement and after the Board of Supervisors shall have accepted the streets, facilities and other improvements as public streets, public facilities and public improvements in the manner provided in Article IV, §§ 191-25 through 191-27 of this chapter, the ten-percent retainer remaining in the fund shall serve to guarantee the maintenance, repair or reconstruction of the said improvements by the owner and reimbursement to the Township of engineering and legal fees for a period of 18 months thereafter, required under the provisions of § 191-73B and Subsection B(2) hereof, and said remaining funds will, upon faithful compliance with those provisions, be released and refunded to the owner upon the signature of the Chairman and Secretary of the Board of Supervisors. The improvement guaranty shall be conditioned upon:
(1)
The owner's constructing and installing, or causing to be constructed
or installed, in strict accordance with the approved final plans and
with the Township standards and specifications, the streets, drainage
facilities, curbs, sidewalks, street signs, water and sewer mains,
fire hydrants, lighting facilities, monuments and parks shown on said
plans as the Board of Supervisors may require the owner to construct
or install.
(2)
The owner's maintaining at his own cost the said streets, curbs,
drainage facilities, sidewalks, street signs, water and sewer mains,
fire hydrants, lighting facilities, parks, monuments, and other improvements
until the same are accepted by the Township for public use, and, for
a period of 18 months thereafter, repairing and reconstructing the
same or any part of one of them when such repair or reconstruction
shall be specified as necessary, by reason of faulty construction,
by the Board of Supervisors.
(3)
The payment by the owner of the cost of lighting the streets in the
subdivision until such time as the same are accepted as Township streets
by resolution of the Board.
(4)
The payment of the inspection fees required by this chapter.
(6)
The faithful performance by the owner of the contract provided for
in this chapter.
