The procedures established in this article are
intended to define the steps by which a developer shall make an application,
design a subdivision plan or land development plan, record plans and
construct and maintain improvements and by which the Township Planning
Commission and Council may review, make recommendations, approve the
plans and otherwise administer these regulations.
A.
Prior to the submittal of plans and supporting documents,
it is the responsibility of the developer and his engineer to assure
that applications for approval of a subdivision or land development
are in accordance with these regulations and all other applicable
regulations, ordinances or statutes.
B.
Any applicant who desires to meet with the Township's
professionals or consultants prior to submitting a plan application
or at such time an application is received shall execute a professional
escrow agreement with the Township and post an escrow amount to be
determined therein to cover any costs to the Township associated with
the aforementioned consultants.
A.
Applications submitted for subdivision or land development in Lower Saucon Township shall comply to the requirements of Article V of this chapter and any additional conditions related to the preservation of the health, safety and welfare which have been established by the review agencies.
B.
Submission to Lower Saucon Township shall be made
to either the Zoning Officer or his or her designee. Plans shall be
submitted before the close of business on the submittal date, as established
by the policy of the Township Planning Commission prior to a Planning
Commission meeting in order to be included on the agenda for that
meeting.
D.
Failure of the developer to provide review agency
comments, which the Township considers necessary for approval, shall
be grounds for denying an application. Copies of said comments shall
be provided to the Zoning Officer and Township Engineer a minimum
of 30 days before the Planning Commission meeting at which action
is to be taken.
[Amended 2-7-2007 by Ord. No. 2007-02]
A.
The Zoning Officer or his or her designee shall review the plan submission for completeness under the requirements of Article V of this chapter. This review is only for completeness of the application and does not consider compliance with the Township's plans, ordinances, regulations or acceptable engineering practices. If he or she finds that information necessary for the initial review of these plans is incomplete, he or she shall document those missing items and recommend that the Planning Commission and Township Council reject the plans as incomplete.
B.
If an application is incomplete, the Zoning Officer
or his or her designee shall notify the developer, in writing, and
allow the developer the opportunity to withdraw his or her plans.
If no written request to withdraw the plans is received, the recommendation
for rejection shall be presented to the Planning Commission for its
concurrence and then shall be forwarded to the Township Council for
action.
C.
Subdivision and land development plan submission procedures.
[Amended 2-7-2007 by Ord. No. 2007-02]
(1)
Any applicant who desires to meet with the Township's
professionals or consultants prior to submitting a plan application
or at such time an application is received shall execute a professional
escrow agreement with the Township and post an escrow amount to be
determined therein to cover any costs to the Township associated with
the aforementioned consultations.
(2)
At least 35 calendar days prior to the meeting of
Lower Saucon Planning Commission at which initial consideration is
desired, the applicant shall submit 25 copies of the plan (sketch,
preliminary or final), together with the appropriate escrow fees and
nonrefundable filing fees, as applicable, to the Township office,
to enable review letters to be generated by the various review agencies
and Township personnel, consultants and staff. All submissions shall
be delivered to the Township office to be stamped with the date of
receipt.
(3)
Informal sketch plan submissions shall be submitted
to the Township office 10 days prior to the date of meeting at which
applicant desires to appear. The applicant shall provide 11 copies
of the plan.
(4)
In addition, the applicant shall submit the following
accompanying documents at the time of plan submission, if applicable:
(a)
Six copies of the DEP sewer facilities planning
modules.
(b)
Four copies of the erosion and sedimentation
control plan and narrative.
(c)
Four copies of the drainage plan, including
calculations.
(d)
Four copies of the traffic impact study.
(e)
Four copies of the PennDOT highway occupancy
permit application and drawings.
(f)
Four copies of any other required applications,
permits, etc.
(g)
Four copies of the notice to property owners with supporting documents, as required by § 145-33E(12) for preliminary plans.
(h)
Two CDs of all plans in AutoCAD format (JPEG-ROM).
(i)
Twenty-five copies of the plans of the plot of the subdivision or land development on eleven-inch-by-seventeen-inch paper [refer to § 145-33E(11)].
(j)
One copy of the escrow agreement.
(5)
The applicant shall be separately responsible for
applying for reviews by outside agencies, including but not limited
to:
(6)
Revised sketch, preliminary or final plans or other
documentation, along with the corresponding fee, shall be resubmitted
to the Township office at least 30 calendar days prior to the meeting
of the Planning Commission. Twenty-five sets shall be submitted for
resubmission to the Planning Commission.
(7)
Revised informal sketch plans and other documentation,
along with the corresponding fee, shall be submitted to the Township
office at least 30 calendar days prior to the meeting of the Township
Council. Eleven sets shall be submitted for any resubmission to Council.
(8)
Plans will not be accepted by the Township office
for review unless and until all required copies are presented and
all applicable fees are paid and escrow amounts are posted in accordance
with the Township's fee schedule.
(9)
Per the required escrow agreement, the applicant shall
be responsible for maintaining the original balance relative to the
escrow account established with the Township for payment of Township
costs and fees. Each month, the Township shall forward an invoice
to the applicant setting forth the amount deducted from said escrow
account for payment of costs and fees. The applicant shall remit the
amount of the invoice to the Township upon receipt, thereby bringing
the balance of the escrow account back to the original amount. In
the event that any applicant's escrow account balance falls below
50% of the original amount, the Township may direct its professionals
and consultants to cease work on the applicant's submission until
such time as the escrow account balance is restored to its original
amount.
(10)
Upon receipt of a complete submission, the Township
office shall notify the Planning Commission, in writing, of the date
of receipt of the submission, the date of commencement of the ninety-day
review time period, and the date of the first Planning Commission
meeting at which the application will be considered. The Planning
Commission shall make its recommendation in accordance with this schedule,
unless a written extension of the time period for review is received
prior to the meeting of the Planning Commission.
(11)
When a complete plan application is submitted,
the ninety-day review period shall commence on the date of the Planning
Commission's next meeting following the date of the complete submission.
When revised plans are submitted, a new ninety-day review period shall
commence on the date of the Planning Commission meeting next following
the date of the revised submission.
(12)
The Planning Commission, in its review, shall
consider the comments, if submitted, of the Lehigh Valley Planning
Commission, as well as the Township Engineer, Solicitor, Township
Planner, Chief of Police, Fire Chief, Director of Public Works, the
Environmental Advisory Commission and Lower Saucon Authority. The
Planning Commission may recommend to the Council that a plan be approved
with conditions, and in so doing, shall specifically list such conditions,
in writing, and submit them to the Council for review and consideration.
In the event that the Planning Commission recommends approval without
conditions, or recommends that the plan be denied, such recommendation
shall be forwarded, in writing, to the Council.
(13)
The Council shall take official action on all
plans, after receiving the report and recommendation of the Planning
Commission, and within the ninety-day time limit imposed by the Municipalities
Planning Code unless the applicant/developer grants an extension of
the review period, which shall be no less than 90 days. However, the
Council shall take such action within the time limit herein referenced
regardless of whether a recommendation from the Planning Commission
has been received.
(14)
The action of the Council with regard to the
plan submission shall be in writing, and communicated to the applicant
personally or mailed to the applicant at his last known address not
later than 15 days following the date of the decision.
(15)
The Council may approve a plan submission subject
to certain conditions. When a plan is approved with conditions, the
Council shall communicate said approval and conditions to the applicant
as described above. If the plan is approved with conditions, the applicant
shall acknowledge his acceptance of the conditions in writing. If
the applicant does not accept or reject the conditions, in writing,
within 60 days from the date of the conditional approval, said approval
shall be automatically rescinded. Plans approved by the Council subject
to conditions shall not be signed by the Township, released for construction,
or released for recording until all conditions have been satisfied.
(16)
The Township Office shall secure the appropriate
signatures of the Planning Commission and the Council on the approved
plans. Within 90 days of the applicant's satisfying all the imposed
conditions, the plan shall be recorded in the Northampton County Recorder
of Deeds Office.
(17)
In no event shall the plans be released for
recording until all of the Township's legal, engineering and administrative
costs relative to the plan submission have been paid in full, and
the required financial security has been posted with the Township.
A.
General.
(1)
Before the formal submission of a preliminary or preliminary/final
plan for a subdivision or land development for review and approval,
the developer may submit a sketch plan for discussion with the Township
Planning Commission as to the suitability of a parcel of land for
a specific subdivision or land development use and for direction or
advice from the Township Planning Commission.
(2)
Such sketch plan submissions are not required, but
if they are provided, they are considered informal. The Township need
not respond to such a submission. All opinions and advice given to
the prospective applicant during a sketch plan review will be unofficial
and not binding on the Township or developer.
C.
Review.
(1)
The Township Planning Commission may review the sketch
plan data to determine the development potential of the site. The
general development concepts may be reviewed to determine their compatibility
with the development potential of the site and with relevant plans
and ordinances. Also, the sketch plan stage is designed to offer the
developer an opportunity to informally discuss, prior to preliminary
plan submission, his or her plans for the proposed subdivision or
land development with the Township Planning Commission.
(2)
No official action shall be taken on a sketch plan.
The Township shall not be bound by comments made or not made as part
of a sketch plan review.
B.
Review.
(1)
Lower Saucon Township Planning Commission.
(b)
The Planning Commission may hold a public hearing
on the preliminary plan.
(c)
The Planning Commission shall review the preliminary
plan for conformance with the standards of this chapter and other
applicable municipal ordinances and plans and shall require or recommend
necessary changes.
(d)
The Planning Commission shall not recommend
approval of a preliminary plan unless the following items are satisfied:
[1]
A written report of the Lehigh Valley Planning
Commission is provided. However, if the Lehigh Valley Planning Commission
fails to report thereon within 30 days after receipt of a preliminary
plan, then the Township Planning Commission may officially act without
having received and considered such report.
[2]
Approval of any zoning issues such as zoning
variances, conditional uses, or special exception uses. It is noted,
however, that in the case of the conditional uses, the Planning Commission
recommendation on the conditional use may accompany a subdivision
and/or land development preliminary plan recommendation, even though
the vote of Council approval of the conditional use has not yet been
granted.
[3]
Where water is provided by means other than by private wells owned and maintained by the individual owners of lots and the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners or a municipal corporation, authority or utility, the developer shall provide a copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question. Where water is provided by means of private wells, the Developer may be required to provide certain acceptable groundwater quality and supply tests (refer to § 145-50G).
[4]
Where sewage treatment services are to be provided
by connection to an existing sewer system, the developer shall provide
a letter of intent of service from the provider of the sewage treatment
service.
[5]
Where on-lot sewage is to be used, the developer
shall provide acceptable soil test results for each lot, as required
in this chapter and/or other state or local regulations and ordinances.
[6]
A report from the Township Engineer has been
received.
[7]
Where considered necessary, reports from the
Township Police Chief and appropriate Fire Chief have been received
prior to the meeting at which the plan is reviewed.
(e)
The Planning Commission shall recommend to the
Township Council, in writing, that the preliminary plan be approved,
conditionally approved or disapproved, together with the documented
findings supporting the recommendation.
(2)
Lower Saucon Township Council. Time limits of required
actions shall be as follows.
(a)
Approval.
[1]
The Township Council shall approve, approve
with conditions acceptable to the applicant or reject the preliminary
plan submission within the time required by the Municipalities Planning
Code. This law requires the Township Council to render its decision
and communicate it to the applicant not later than 90 days following
the date of the first regular meeting of the Planning Commission held
after the preliminary plan has been properly filed for review, but
in no case shall the Township Council's decision be made later than
120 days following the date the submission was accepted as being filed
for review, unless the applicant grants a written extension of time.
[2]
If the plan is approved with conditions acceptable
to the applicant, the applicant shall acknowledge his acceptance of
the conditions, in writing. If the applicant does not accept or reject
the conditions, in writing, within 60 days from the date of conditional
approval, said approval shall be automatically rescinded.
(b)
The decision of the Township Council shall be
in writing and shall be communicated to the applicant personally or
by mail at his last known address not later than 15 days following
the decision.
(c)
Approval of the preliminary plan submission
shall constitute conditional approval as to the character and intensity
of the subdivision or land development but shall not constitute approval
of the final plan or authorize the sale of lots or construction of
buildings.
(d)
Prior to any construction of improvements called
for by preliminary plan approval, the developer shall enter into an
inspection agreement with the Township, which would provide for the
proper inspections of all improvements and reimbursement of costs
of inspection for the Township and/or its authority.
C.
Final plan submission deadline. Where no final plan,
for all or part of the approved preliminary plan, is filed and accepted
within five years from the date of the preliminary plan approval,
such approval shall no longer be effective for that section or those
sections of the plan not finalized unless extended, in writing, by
the Township.
A.
General. After a preliminary plan approval or conditional
approval, a major subdivision or land development final plan shall
be submitted. The final plan shall conform in all significant respects
to the preliminary plan, as previously reviewed by the Township Planning
Commission and approved by the Township Council, and shall incorporate
all modifications required by the Township Council in its preliminary
plan approval.
C.
Review.
(1)
Lower Saucon Township Planning Commission.
(b)
The Planning Commission may hold a public hearing
on the final plan at this time.
(c)
The Planning Commission shall review the final
plan to determine its conformance with the preliminary plan approval,
the standards contained in this chapter and other applicable Township
ordinances and shall require or recommend the changes it deems necessary.
(d)
No action shall be taken by the Township Planning
Commission on a final plan until the Township Planning Commission
has considered the written report of the Lehigh Valley Planning Commission
or until 30 days have passed from the date that the plans were forwarded
to the Lehigh Valley Planning Commission.
(e)
The Planning Commission shall recommend to the
Township Council, in writing, that the final plan be approved, conditionally
approved or disapproved, together with the documented findings supporting
the recommendation.
(2)
Lower Saucon Township Council.
(a)
Approval.
[1]
The Township Council shall approve, approve
with conditions acceptable to the applicant or reject the final plan
submission within the time required by the Municipalities Planning
Code. This law requires the Township Council to render its decision
and communicate it to the applicant not later than 90 days following
the date of the first regular meeting of the Planning Commission held
after it has been properly filed for review, but in no case shall
the Township Council's decision be made later than 120 days following
the date the submission was accepted as being filed for review unless
the applicant grants a written extension of time. If the plan is approved
with conditions, the applicant shall acknowledge his acceptance of
the conditions, in writing. If the applicant does not accept or reject
the conditions, in writing, within 60 days from the date of conditional
approval, said approval shall be automatically rescinded.
[2]
The decision of the Township Council shall be
in writing and shall be communicated to the applicant personally or
by mail at his last known address not later than 15 days following
the decision.
(b)
The completion of improvements or guaranty thereof
shall be consistent with Section 509 of the Municipalities Planning
Code (53 P.S. § 10509). The final plan will not be approved
by the Township until the required improvements have been installed
according to the certified preliminary plan and Township standards
and specifications or until the Township is assured by means of a
proper completion guaranty (in the form of security reviewed by the
Township Solicitor and acceptable to the Township Council) sufficient
to cover the cost of the improvements, as recommended by the Township
Engineer, and the improvements shall subsequently be installed. In
no case shall a building permit be issued or a lot sold without prior
certification of a final plan for any portion of a subdivision shown
on an approved preliminary plan. A final plan shall not be signed
and recorded until all conditions of approval have been satisfied.
D.
Recording.
(1)
After certification by the Township, the signature
of the Lehigh Valley Planning Commission shall also be placed on the
plans, indicating Lehigh Valley Planning Commission review of the
plans.
(2)
The record plan shall be a clear and legible print
of a type and material required by the Northampton County Recorder
of Deeds.
(3)
After recommendation by the Township Planning Commission,
approval of the Township Council and review by the Lehigh Valley Planning
Commission, the developer shall file the record plan with the County
of Northampton Recorder of Deeds within 90 days of the date of final
approval by the Township Council. If the developer fails to record
the final plan within such period, the action of the Township Council
shall be null and void, unless an extension of time is granted, in
writing, by the Township Council upon written request by the developer.
The Township Engineer or Township Solicitor is authorized to record
the final plan on behalf of the developer when all conditions of the
final plan approval have been met and the final plan has been signed
by the Township Council. The developer, however, is responsible to
check at the 60th day after signing of the final plan by the Council
to verify that this administrative procedure has been followed. If
this procedure has not been followed, the developer should notify
the Township Manager to request the return of the signed final plan
so that the developer can record the plan. Ultimately, it shall be
the developer's responsibility to comply with the recording requirements
of the Municipalities Planning Code.
(4)
At the time the final plan is approved by the Township
Council, the Township Zoning Officer shall receive two reproducible
Mylars and two CDs in AutoCAD format (JPEG-ROM) of the final plan
approved for the Township permanent files.
(5)
At the time the record plan is signed by the Lehigh
Valley Planning Commission, the Lehigh Valley Planning Commission
shall receive one print of the final plan, as approved by Township
Council.
A.
Intent. The intent of this section is to reduce the
processing time and cost for certain small subdivisions and land developments.
B.
Subdivisions for Lower Saucon Township use. Subdivisions and land developments solely involving the transfer or dedication of land requested by Lower Saucon Township or one of its authorities for Township purposes or improvements of lands solely owned by Lower Saucon Township or one of its authorities shall be exempted from all submission and review procedures, except that the stormwater management requirements and review procedures of § 145-48 of this chapter shall be met.
C.
Minor subdivision and minor land developments.
(1)
For those subdivisions or land developments defined
as "minor" by this chapter, an abbreviated submission and approval
procedure may be allowed by the Township. This procedure will combine
the preliminary/final plan process.
(2)
Preliminary/final plan submission shall include all
items as required for a preliminary and final plan, except where a
waiver is requested by the developer and approved by the Township.
In cases where the impact of the proposed development is determined
by the Township to be minor, this requirement is intended to allow
the Township to waive submission of details that may not be needed
to provide a complete plan review.
(3)
A preliminary/final plan may be approved as a final
plan with only a single review and recommendation of the Planning
Commission and only one review and approval by the Township Council.
(4)
Minor subdivisions qualifying as "Type B Minor Subdivisions"
shall be exempted from Planning Commission review, if upon review,
the Township Engineer finds that the minor subdivision qualifies as
a Type B Minor Subdivision and is otherwise not in violation of Township
subdivision and/or zoning regulations. Any requirement for dedication
of right-of-way along existing public roads is hereby waived for Type
B Minor Subdivisions. Type B Minor Subdivision must still, however,
be submitted to the Lehigh Valley Planning Commission and the Township
Council for review and approval. Prior to Township Council approval,
the applicant shall verify to the satisfaction of the Township Solicitor
that the deeds for each adjusted property will be prepared with a
description encompassing the entire revised parcel for each adjusted
lot, will be signed by the appropriate owners and will be recorded
immediately after the recording of the Type B Minor Subdivision.
The developer or applicant will be required
to pay the following fees and costs during the application and construction
phases of his subdivision or land development.
A.
Cost of administration. The Township Council shall
set filing fees for applications by resolution and post such fees
at the Township Building. These fees are intended to cover the Township
cost of administration of plans.
B.
Municipal expense reimbursement cost. The applicant
or developer is to reimburse the Township for review, approval and
inspection costs associated with subdivisions and land development
plans and improvements. Township Council shall adopt, by resolution,
procedures for placing money in escrow to cover the payment of these
costs. Such procedures can be amended, from time to time, by resolution
of the Township Council. Plans shall not be considered filed until
all fee and escrow deposits are paid. All outstanding reimbursable
cost (to the extent known at the time) shall be paid to the Township
prior to recording of a final plan and/or prior to the release of
the final improvement security and again prior to release of maintenance
security.
A.
Prior to the start of any improvements or grading,
the applicant is responsible for requesting and attending a preconstruction
meeting between the Township staff and Engineer, the applicant's contractor
and engineer, the Soil Conservation District, and any other applicable
entities.
B.
The developer must provide notice sufficient to make
sure the Township Engineer has received notice a minimum of 24 hours
prior to each of the following phases of the work so that he or his
representative may inspect said work.
(1)
Work to be inspected.
(a)
Grading of rights-of-ways and installation of
fill.
(b)
Setting crosswalk and sidewalk forms.
(c)
Preparation of road subgrade.
(d)
Setting curb and/or gutter and/or sidewalk forms.
(e)
Installation of road subbase, road base and/or
sidewalk base.
(f)
Installation of concrete or paving material
and application of each coat in the case of priming and sealing.
(g)
Installation of drainage pipe and other drainage
structures before backfilling.
(h)
Installation of sanitary sewer laterals, submains,
mains and appurtenances before backfilling and during construction
of treatment plants (before activating).
(i)
Installation of water mains, fire hydrants,
laterals and appurtenances before backfilling and during the construction
of wells and pumping storage facilities (before activating).
(j)
During backfilling of trenches.
(k)
During testing of utilities.
(l)
During repairs to previously installed improvements.
(m)
At any other phase as requested by the Engineer
in order to ascertain compliance with approved plans.
(2)
Also refer to Appendix A, Improvements Construction Standards, for additional requirements.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Upon receipt of notice of completion from the developer,
the Township Council shall request the Township Engineer to conduct
a final inspection of all improvements and utilities to determine
whether the work is satisfactory and in substantial compliance with
the approved preliminary or final plan drawings and the specifications.
The general condition of the site shall also be considered.
D.
Construction inspection is provided by the Township
to verify that the improvements proposed and required are being installed
according to Township specifications and approved drawings. The inspector
is not provided as a representative of the developer, but neither
does the inspector have the authority to stop the work, even if it
is being done incorrectly, and neither does he or she have any authority
to direct the contractors in construction means and methods or safety
matters. The release from the improvement bond shall be consistent
with Section 510 of the Municipalities Planning Code (53 P.S. § 10510).
Upon satisfactory completion of improvements
in areas required or intended for dedication to the Township or upon
request of the Township, the developer shall execute a deed of dedication
and a maintenance agreement for the land or easement being dedicated
and the improvements thereon in a form satisfactory to the Township
Solicitor. Also, the developer shall deliver such deed and maintenance
agreement to the Township within 60 days of the completion of improvements.
In addition, the developer shall have no more than two years from
the date of the approval of the final plan and the signing of the
improvement agreement by the Township Council to complete the improvements,
unless an extension of time is granted by the Township Council.
A.
The deed of dedication should include:
(1)
One original executed deed and three copies.
(2)
Only one street or parcel of ground for each deed.
(3)
A legal description of the property being dedicated
with references to the subdivision or land development plan which
shows the land to be dedicated, the date the plan was recorded and
the map book and page number of the record plan.
(4)
An engineering drawing of the land being dedicated
on paper 8 1/2 inches by 11 inches or 8 1/2 inches by 14
inches in size. If the land being dedicated is a street, the plan
should show the width of the right-of-way, the width of the paving,
the length of street in feet and the length of street in miles.
B.
As-built plans and survey monument certification.
(1)
Three copies of as-built plans, certified as such
by a registered engineer, and two CDs in AutoCAD format (JPEG-ROM)
shall be provided showing the actual as-built location and elevations
of all streets, sanitary sewers, storm drainage facilities, water
systems and any other improvements that are different than shown on
the originally approved plans.
(2)
A certification on the as-built plans shall be provided
from a registered surveyor, stating that all monuments and lot pins
shown on the approved plans have been set.
C.
The Township, at its sole discretion, may accept such
dedication in the manner provided by law upon review of all documents
and upon a specific finding that:
(1)
The developer has satisfactorily completed required
improvements in the area being dedicated;
(2)
The developer has entered into an eighteen-month maintenance
agreement and posted maintenance security in a form and amount satisfactory
to the Township;
(3)
The area being dedicated has legal access to existing
Township rights-of-way or state roads;
(4)
There is a public need or good served by the land
area being dedicated;
(5)
Eighty percent of the residential or nonresidential
buildings on building lots fronting on a new proposed public road
shall be constructed and have received a certificate of occupancy
from the Township;
(6)
For subdivisions that include public water and/or
public sewer extensions, the public water and/or public sewer extensions
shall be found acceptable to and be accepted by the appropriate public
agency within the area being dedicated;
(7)
The Township Solicitor has prepared a satisfactory
advertisement and ordinance for the adoption of traffic ordinances
that may be necessary for any new stop signs or other similar traffic
control features within or caused by the development;
(8)
The Township Solicitor has prepared a resolution for
acceptance.
A.
Where the Township Council accepts dedication of all
or some of the required improvements following completion of all required
improvements, the Township Council shall require the posting of financial
security to secure the structural integrity of the improvements, as
well as their functioning in accordance with the design and specification
depicted on the final plat. The term of the financial security and
agreement shall be 18 months from the date of acceptance of dedication,
and the financial security stall be 15% of the actual cost of installation
of the improvements. The financial security shall be provided to a
term one month after the eighteen-month agreement period.
B.
The Township shall release the maintenance security
received under the agreement of contract, provided that the condition
of the required improvements listed in the subdivision improvements
agreement passes the inspections of the Township Engineer and the
Township.
A.
The Township Engineer shall inspect all improvements
and utilities to determine whether the improvements have been maintained
in acceptable and serviceable condition.
B.
The Township Engineer shall report his findings, in
writing, to the Township Council and to the developer.
C.
The developer shall be notified of all required improvements
that fail to pass the maintenance inspection of the Township Engineer.
All such improvements shall be repaired by the developer to specifications
acceptable to the Township within 60 days of such notification by
the Township.
D.
All such repairs shall be performed and inspected
in accordance with the requirements for new construction. Final inspection
shall be made no less than four weeks prior to the release date of
the maintenance security or no later than two weeks after notice has
been given by the developer that all requested repairs have been completed,
whichever last occurs.
E.
An extension of time to repair improvements may be
granted by the Township upon written request of the developer and
upon extension of the maintenance security.
In the event that any required improvements
have not been installed as provided in this chapter or in accordance
with the approved final plat, the Township is hereby granted the power
to enforce any corporate bond or other security by appropriate legal
and equitable remedies. If the 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 may, at its option, install part of such improvements in
all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the 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 purposes. Failure to properly install
the required improvements shall also constitute a violation of this
chapter, punishable as provided by this chapter and by law.
The developer shall agree to indemnify and hold
harmless the Township, Township Engineer and Township agents, servants
or employees against and from any and all loss, cost, damage, liability
and expense on account of damage to property of or injury to or death
of the parties thereto or a third person caused by, growing out of
or in any way whatsoever attributable to the construction of subdivision
and development improvements and the use of the street delineated
on the subdivision plat during construction. The developer shall further
agree, but without limiting its liability to indemnify the Township
and the Township Engineer, to carry liability insurance contracts
with a reliable insurance company covering the period of said construction
in the sum of $500,000 to $1,000,000 for injury to or death of person(s)
and in the sum of $200,000 for damage to or destruction of property,
which insurance contracts shall include the Township and Township
Engineer as named insured.
A building or zoning permit may be issued and
building construction started after the approval of the final plat.
Occupancy shall not be permitted prior to the completion of streets
with at least the initial course of paving, stormwater management
facilities and other improvements necessary for the reasonable access
to and use of the building, including but not limited to sewer, water,
street lighting, street signs, traffic control signals or signs.
