In all cases, the subdivider or land developer shall be responsible
for the installation of all improvements required by this chapter.
The Township Engineer or the Township's designee shall make such inspections
of the required improvements and at such intervals as may be reasonably
necessary to ensure compliance with this chapter. The reasonable costs
of such inspection shall be borne by the subdivider or land developer.
Before approving any subdivision or land development plan for
recording, the Board of Supervisors shall require either:
A.
That the improvements required by this chapter or appearing on the
plan shall have been installed in strict accordance with the standards
and specifications of this chapter; or
B.
That the Township be assured by means of a proper development agreement
and performance guaranty that the improvements required by this chapter
or appearing on the plan will subsequently be installed.
A.
Development agreement required. All applicants proposing any subdivision
or land development which provides for the installation of improvements
required by this chapter or any improvements or amenities which appear
on the plan shall be required to enter into a legally binding development
agreement with the Township prior to final plan approval. The development
agreement shall guarantee the installation of said improvements in
accordance with all Township requirements. The final plan shall not
be signed by the Board of Supervisors prior to the execution of this
agreement and the delivery of the performance guaranty.
B.
Terms of development agreement. The development agreement shall be
in the manner and form approved by the Township Solicitor and it shall
consist of the following terms where applicable:
(1)
The construction depicted upon the approved plans in itemized format.
(2)
The construction of streets with related curbs, street signs, drainage
facilities and related improvements.
(3)
The installation of utility lines.
(4)
The dedication of streets, transfer of water and sewer lines and
easements.
(5)
The prevention of erosion, sedimentation and water damage to the
subject and adjacent properties.
(6)
The developer's responsibilities for damage to other property.
(7)
A work schedule setting forth the beginning and ending dates and
such other details as the Township deems fit and appropriate for the
improvements covered by the development agreement.
(8)
The estimated cost of the improvements not yet completed, including
a detailed breakdown, in a form acceptable to the Board of Supervisors,
and amount of the performance guaranty.
(9)
The provision of a performance guaranty for completion of required improvements which complies with § 175-33.
(10)
The developer shall provide the Township with a set of Mylar
reproducible as-built plans prepared and certified by a professional
engineer of all streets, storm and sanitary sewers and water distribution
facilities. Both paper plans and PDF files shall be submitted with
applications.
(11)
The provisions for violation of the development agreement.
(12)
The developer shall secure or maintain public liability insurance
for the duration of improvement construction. A copy of other evidence
of coverage shall be submitted to the Township.
(13)
A save-harmless clause to protect the Township from liability.
(14)
All improvements subject to the development agreement shall be approved according to the approved inspection schedule and § 175-34.
(15)
The developer shall be responsible for all reasonable engineering
and legal costs and expenses for review, inspection, consultations
and preparation of agreements.
(16)
Provisions for payment of such recreation fees, improvement
fees or other fees which may from time to time be established by the
Township.
(17)
Any other lawful terms which the Board of Supervisors may require
to carry out the provisions of this chapter.
The performance guaranty for completion of required improvements
shall meet the following requirements:
A.
Security. The guaranty shall be secured by the credit of any of the
following:
B.
Amount.
(1)
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the municipality may adjust
the amount of the financial security by comparing the actual cost
of the improvements which have been completed, and the estimated cost
for the completion of the remaining improvements as 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 said
110%. Any additional security shall be posted by the developer in
accordance with this subsection.
(2)
The amount of financial security required shall be based on an estimate
of the cost of completion of the required improvements submitted by
an applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such costs. The municipality,
upon the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown.
(3)
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plats by
section 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.
C.
Installation of improvements. It shall provide for and secure to
the public the completion of the required improvements within two
years of the date fixed on the final plan for completion of such improvements.
D.
Parties who may enforce. The obligation shall be in favor of, and
enforceable by, the Board of Supervisors and the ultimate grantees,
lessees or licensees of the developer.
A.
Notice of completion. The developer shall notify the Township Board
of Supervisors, with a copy thereof to the Township Engineer, by certified
or registered mail, that the required improvements have been made.
B.
Inspection.
(1)
The Township, through the Township Engineer, shall make all inspections
of the improvements to be constructed within the project as well as
approvals and acceptance of the work.
(2)
The developer shall give the Township at least three business days'
notice before the performance of any stage of the work in order that
the Township may arrange for its Engineer to inspect said work.
(3)
The Township Engineer shall inspect each stage of the work and, in
the event that the Township Engineer is of the opinion that the work
is not being completed according to the provisions of the plans, agreement
or the appropriate ordinances, said Township Engineer shall immediately
inform the developer and his representatives on the site of the noncompliance
of the improvement and shall, within three business days, report,
in writing (by registered mail notice), to the developer or his representative
at their last known address indicating in what respect the work is
not in compliance.
(4)
In the event of the issuance of such noncompliance report, the Township
and the Township Engineer and the developer shall meet to resolve
the objections raised by the Township Engineer as set forth in the
noncompliance report within three business days of the issuance of
said report.
(5)
In the event that said meeting does not resolve the objections raised
by the noncompliance report, the Township Engineer and the developer's
engineer shall select a third impartial engineer and said three engineers
will arbitrate the matter and make a final decision within 10 business
days from the date of the issuance of the noncompliance report. Either
party may appeal said decision to the appropriate court. Upon the
resolution of the objections raised in the report, said noncompliance
report shall be marked evidencing the satisfactory resolution of the
objections and any remedial steps that are to be taken by the developer.
(6)
In the absence of the above-mentioned noncompliance report being
issued by the Township Engineer, all work inspected by the Township
Engineer shall be presumed to have been completed in accordance with
the plans and agreement after 10 business days from the date of said
inspection; provided, however, that in the event that the work so
inspected has been changed, altered or damaged due to subsequent work
or conditions occurring subsequent to the date of the Township Engineer's
inspection, this provision shall not apply.
A.
Enforcement. 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 is hereby granted
the power to enforce any corporate bond or other security by appropriate
legal and equitable remedies.
B.
Completion by Township. 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.
C.
Proceeds for installation of 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 purpose.
A.
Maintenance agreement required. All applicants proposing any subdivision
or land development which provides for the dedication of improvements
required by this chapter or any improvements or amenities which appear
on the plan shall be required to enter into a legally binding maintenance
agreement with the Township before the plan is signed by the Board
of Supervisors.
B.
Terms of maintenance agreement. The maintenance agreement shall be
in the manner and form approved by the Township Solicitor and shall
require the applicant to maintain, at his own cost, all improvements
stipulated in the maintenance agreement for a period of 18 months
after acceptance by the Township. The maintenance agreement shall
also require the applicant to make any repair or reconstruction of
any improvement stipulated in the maintenance agreement which is specified
by the Board of Supervisors as necessary by reason of faulty construction,
workmanship or materials prior to acceptance of such improvement by
the Township.
B.
Terms. Such maintenance guaranty shall be in the form approved by
the Township Solicitor and Supervisors, payable to the Township, to
guarantee maintenance and repair of the streets and other improvements
in the subdivision for 18 months after completion of construction
and the acceptance thereof by the Township.
C.
Amount. The amount of said maintenance guaranty shall be determined
by the Township but shall not exceed 15% of the estimated costs of
all required improvements.
D.
Release. After the expiration of 18 months from the date of formal
acceptance of said improvements, the Township shall release said maintenance
guaranty to the subdivider or developer or party posting said maintenance
guaranty if all improvements are in satisfactory condition.
