Wherever the term "Board of Supervisors" is used in this Article X, it shall also include a person who serves as the designee of the Board of Supervisors for such purpose.
A.
No plan shall be finally approved unless the streets shown on such
plan have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be required by this chapter, and any
walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm sewers and other improvements
as required by this chapter have been installed in accordance with
such chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plan, the developer shall
provide, for deposit with the Township, financial security in an amount
sufficient to cover the costs of such improvements or common amenities
including, but not limited to, roads, stormwater detention and/or
retention basins and other related drainage facilities, recreational
facilities, open space improvements, or buffer or screen plantings
which may be required.
(1)
The applicant shall not be required to provide financial security
for the costs of any improvements for which financial security is
required by and provided to the Department of Transportation in connection
with the issuance of a highway occupancy permit pursuant to Section
420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the
"State Highway Law."
B.
When requested by the developer, in order to facilitate financing,
the Board of Supervisors shall furnish the developer with a signed
copy of a resolution indicating approval of the final plan contingent
upon the developer obtaining a satisfactory financial security. The
final plan or record plan shall not be signed nor recorded until the
financial improvements agreement is executed. The resolution or letter
of contingent approval shall expire and be deemed to be revoked if
the financial security agreement is not executed within 90 days unless
a written extension is granted by the Board of Supervisors; such extension
shall not be unreasonably withheld and shall be placed in writing
at the request of the developer.
C.
Without limitation as to other types of financial security which
the Township may approve, which approval shall not be unreasonably
withheld, federal or commonwealth chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
D.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
E.
Such bond or other security shall provide for, and secure to the
public, the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
F.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to but not exceed 110%
of the cost of completion estimated as of 90 days following the date
scheduled for completion by the developer. 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. Subsequent to said adjustment,
the Township may require the developer to post additional security
in order to assure that the financial security equals but does not
exceed said 110%.
[Amended 4-5-2022 by Ord. No. 286-04-2022]
G.
The amount of financial security shall be based upon an estimate
of the cost of completion (including quantities and unit cost) of
the required improvements, submitted by an applicant or developer
and prepared by a professional engineer licensed as such by the Commonwealth
of Pennsylvania. The engineer shall certify the amount of security
to be a fair and reasonable estimate of such cost.
(1)
The Board of Supervisors, upon the recommendation of the Township
Engineer, may refuse to accept such estimate for good cause shown.
If the applicant or developer and the Township are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in the commonwealth
and chosen mutually by the Township and the applicant or developer.
The estimate certified by the third engineer shall be presumed fair
and reasonable, and shall be the final estimate. In the event a third
engineer is so chosen, fees for the services of said engineer shall
be paid equally by the Township and the applicant or developer.
H.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security to an amount
not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above procedure.
[Amended 4-5-2022 by Ord. No. 286-04-2022]
I.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of a final plan
by section or stages of development subject to such requirements or
guarantees 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.
J.
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
or contractors performing the work. Any such requests shall be in
writing addressed to the Board of Supervisors, and the Board of Supervisors
shall have 45 days from receipt of such request within which to allow
the Township Engineer to certify, in writing, to the Board of Supervisors
that such portion of the work upon the improvements has been completed
in accordance with the approved plan.
(1)
Upon receipt of such certification, the Board of Supervisors shall
authorize release by the bonding company or lending institution of
an amount, as estimated by the Township Engineer, fairly representing
the value of the improvements completed or, if the Board of Supervisors
fails to act within said forty-five-day period, the Board of Supervisors
shall be deemed to have approved the release of funds as requested.
The Board of Supervisors may, prior to final release at the time of
completion and certification by its engineer, require retention of
10% of the estimated cost of the remaining improvements.
[Amended 4-5-2022 by Ord. No. 286-04-2022]
K.
Where the Board of Supervisors accepts dedication of all or some
of the requirements following completion, the Board of Supervisors
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.
L.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plan as set forth in this section, the Township shall not condition
the issuance of building, grading, or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted on the final plan upon actual completion
of the improvements depicted upon the approved final plan.
(1)
Moreover, if financial security has been provided, occupancy permits
for any building or buildings to be erected shall not be withheld
following the improvement of the streets providing access to and from
existing public roads to such building or buildings to a mud-free
or otherwise permanently passable condition, as well as the completion
of all other improvements as depicted upon the approved plan, either
upon the lot or lots or beyond the lot or lots in question if such
improvements are necessary for the reasonable use of or occupancy
of the building or buildings.
The Board of Supervisors shall authorize and direct the Township
Engineer to cooperate with the applicant in arranging for the Engineer's
periodic presence at the site of the work and construction of the
required facilities and improvements during such phases thereof as
in the judgment of the Engineer will enable him to determine whether
or not such construction is in general conformity with the final plan
and all Township requirements.
A.
No construction shall begin until after the preconstruction meeting
among the developer, the contractor, the Township engineer/inspector,
and others as may be requested to attend. The preconstruction meeting
will be scheduled upon request of the developer, and will only be
held if all of the above-named participants are represented.
B.
Notice shall be given to the Township at least 48 hours in advance
of commencement of any construction operation to provide for required
inspection. If construction is intermittent, separate notice will
be required each time the contractor restarts work. If scheduled work
is not canceled 24 hours prior to the scheduled time or if the work
is otherwise not performed, the Engineer will be compensated for four
hours' time at the developer's expense.
C.
There will be full-time inspection for the installation of sanitary
sewer, water, storm sewer, and roadway paving. General site work will
be inspected on a part-time basis.
D.
No underground pipes, structures, subgrades, binders or base courses
shall be covered until inspected and approved by the duly authorized
official of the Township. Failure in compliance with this regulation
shall provide cause for uncovering of such work, at the developer's
expense, to permit the required inspection.
E.
In those cases where the Township Engineer deems necessary, the developer,
through his contractor, shall retain the services of a certified soils
engineer to perform moisture and density testing in order to determine
compaction or the extent thereof as related to the requirements of
such Township construction and materials specifications as have been
or may be adopted by the Board of Supervisors.
F.
The wearing course on all streets proposed to be dedicated to the
Township shall not be placed until at least 75% of the lots within
the development or a phase of the development have been built upon,
or upon the expressed desire of the Board of Supervisors.
G.
Whenever any work or materials are found not to comply with the final
plan and/or applicable Township requirements, the Township Engineer
or any other duly authorized Township representative will immediately
notify the contractor. If the work in question is not corrected, a
written noncompliance report will be issued to the contractor and
the developer. A noncompliance report will serve as official notice
that the work in question will not be accepted by the Township. Upon
correction of the noncomplying work, a compliance report will be issued
to the contractor and the developer.
H.
When a contractor or developer wishes to make a change to the approved
drawings, a request shall be submitted in writing to the Township
Engineer. The Township Engineer will review the request and submit
his recommendation to the Township. The Township Supervisors will
act on the request and determine whether or not a plan revision is
necessary.
I.
Whether or not such construction or work shall have been accomplished
in accordance with Township requirements shall be determined by the
Township Engineer upon the basis of his on-site inspections during
such phases thereof as in his judgment will enable him to make such
determination. The Engineer shall submit a written report to the Board
of Supervisors in regard thereto.
A.
Upon the completion of all required improvements and prior to final
inspection of improvements, the applicant shall submit a plan labeled
"as-built plan" prepared by a professional engineer or professional
land surveyor. The as-built plans are intended to provide a reasonable
assurance to the Township of where features have been installed, to
the best knowledge of the plan preparer. This plan shall indicate
that the constructed improvements are in conformance with the previously
approved plans and specifications, except for any and all deviations
that are noted on the as-built plan.
(1)
The plans, if prepared electronically, shall be so developed to be
transmittable in a .DXF or .DWG or similar format compatible with
the Township GIS system. The applicant or plan preparer may place
reasonable written conditions upon the Township's use of electronic
versions of plans, provided that the conditions do not inhibit the
Township's use for informational purposes.
(2)
Also, two Mylar copies of the as-built plan shall be filed with the
Township.
(3)
A PDF version of the final approved plan and as-built plans shall
also be provided to the Township, unless the Township accepts a successor
digital format.
B.
The as-built plan shall be drawn to the same scale as the final plan.
This plan shall indicate the actual location, dimensions, and/or elevations
of all completed improvements, including, but not limited to:
(1)
Concrete monuments and other survey markers.
(2)
The edge of the cartway and top of the curb for both sides of each
street.
(3)
Sanitary sewer mains, manholes and laterals (manhole inlet, outlet
and top elevations).
(4)
Storm sewers, inlets (grate elevations and inverts) and culverts
(inverts).
(5)
Water mains, valves, fire hydrants and appurtenances.
(6)
Streetlights.
(7)
Required landscaping and required screen planting.
(8)
Permanent sedimentation, erosion control and stormwater management
structures.
(9)
All easements.
C.
See also § 165-47B(4), including requirements for televising of new sanitary sewage lines.
A.
When the developer has completed all of the required and necessary
improvements and submitted the required as-built plan, the developer
shall notify the Board of Supervisors, in writing, by certified or
registered mail, of the completion of the aforesaid improvements and
shall send a copy thereof to the Township Engineer.
B.
The Board of Supervisors shall, within 10 days after receipt of such
notice, direct and authorize the Township Engineer to inspect all
of the required improvements.
C.
The Township Engineer shall thereupon file a report, in writing,
with the Board of Supervisors, and shall promptly mail a copy of the
same to the developer by certified or registered mail. The report
shall be made and mailed within 30 days after receipt by the Township
Engineer of the authorization for inspection by the Board of Supervisors.
D.
The report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Township Engineer, said report shall contain a statement of
reason for nonapproval or rejection.
E.
The Board of Supervisors shall notify the developer, within 15 days
of receipt of the Township Engineer's report, in writing by certified
mail or registered mail, of the action of the Board with relation
thereto.
F.
If the Board of Supervisors or the Township Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released
of all liability, pursuant to its performance guaranty bond or other
security agreement.
G.
If any portion of the said improvement shall not be approved or shall
be rejected by the Board of Supervisors, the developer shall proceed
to complete the same, and, upon completion, the same procedure of
notification as listed above shall be followed.
H.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question, by legal proceedings or
otherwise, any determination of the Board of Supervisors or the Township
Engineer.
A.
In the event that any improvements which may be required have not
been installed as provided in this chapter or in accordance with the
approved final plan, the Board of Supervisors shall have the power
to enforce any corporate bond, or other security by appropriate legal
and equitable remedies. If 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
Board of Supervisors 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.
B.
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 purpose.
A.
The Board of Supervisors shall prescribe that the applicant shall
reimburse the Township for the reasonable and necessary expense incurred
for the inspection of improvements. Such reimbursement shall be based
upon a schedule adopted by resolution of the Board of Supervisors
upon enactment of this chapter, or as such schedule may be amended.
A copy of this fee schedule shall be available for review at the Township
office.
B.
Such expense shall be reasonable and in accordance with the ordinary
and customary fees charged by the Township Engineer or consultants
for work performed for similar services in the community, but in no
event shall the fees exceed the rate or cost charged by the engineer
or consultant to the Township when fees are not reimbursed or otherwise
imposed on applicants.
The provisions of the MPC shall apply.
