The improvement construction requirements set forth in this article apply to all applicants submitting a final plan for subdivision or land development in Franconia Township. No lot in a subdivision may be sold; no permit to erect, alter or repair any building upon land may be issued, and no building may be erected, unless the improvements required by the Board of Supervisors in connection therewith have either been constructed or guaranteed herein in this article.
[Amended 9-14-1987 by Ord. No. 136; 11-12-1990 by Ord. No. 177]
A. 
No subdivision and/or land development shall be finally approved unless the streets shown on the plan have been improved 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 this chapter. In lieu of the completion of any improvements required as a condition for final approval, the applicant may 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. Financial security may be in the form of federal or commonwealth-chartered lending institutions, irrevocable letters of credit and restrictive or escrow accounts in such lending institutions. Such financial security shall be posted with a federal- or commonwealth-chartered lending institution chosen by the applicant, provided that said lending institution is authorized to conduct such business within the commonwealth. The financial security shall provide for and secure for the public the completion of the improvements and common amenities required on or before the completion date fixed in an accompanying agreement for completion of the improvements.
B. 
The amount of financial security shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. The amount of the financial security required shall be based upon an estimate of the cost of completion of the required improvements and common amenities as submitted by the 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 cost. The cost of completion of the improvements shall include reimbursement to the township for reasonable and necessary expenses incurred for the inspection of the improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution of the Board of Supervisors.
C. 
The township, 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 this 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 that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the municipality and the applicant or developer.
D. 
If the applicant or developer requires more than one year from the date of posting of the financial security, the township 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 of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. After such adjustment, the township may require the developer to post additional security in order to assure that the financial security equals 110% of the estimated cost for the completion of the remaining improvements, and the amount may be increased by an additional 10% for each one-year period on the first anniversary date from posting of financial security or 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.
E. 
When requested by the applicant or developer in order to facilitate financing, the township shall furnish the applicant or developer with a signed copy of a resolution indicating approval of a final subdivision and/or land development plan contingent upon the applicant or developer obtaining a satisfactory financial security. The final subdivision and/or land development plan shall not be signed nor recorded until a 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 township. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the applicant or developer.
A. 
The bond shall be released only upon complete installation of the required improvements in accordance with the approved improvement construction plan. Strict compliance with procedures established by Section 510 of Act 247, the Pennsylvania Municipalities Planning Code,[1] shall be followed with respect to the release of performance bond or other security. If the Board of Supervisors fails to comply with the time limitations of Section 510, all improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to the performance bond.
[1]
Editor's Note: See 53 P.S. § 10510.
B. 
In the event that any improvements which may be required have not been installed within the period fixed or extended by the Board of Supervisors, the township shall 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 of the improvements covered by said bond or 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 actions to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the bond or other security or from any legal or equitable action brought against the developer, shall be used solely for the installation of the improvements covered by such bond or security.
[Added 2-13-1995 by Ord. No. 217[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection B, dealing with performance bonds.
C. 
Use and occupancy permits for any building or buildings on a lot or lots contiguous to open space areas shall not be issued until all work on the open space areas as shown on the approved subdivision and/or land development plan has been completed.
[Added 2-13-1995 by Ord. No. 217]
All sewers (capped and operative), water, gas, electric, telephone and other pipes and conduits and all service connections or laterals shall be laid to the full width of the ultimate right-of-way, where the need therefor can be reasonably anticipated, before streets are paved. The arrangements for said service connections or laterals shall be the responsibility of the subdivider, developer or builder.
A. 
Notice. The Township Engineer shall be notified 48 hours in advance of the commencement of any construction or installation operation, in order that provision may be made for inspection by the township. Construction and installation operations shall also be subject to inspection by township officials during the progress of the work, and the subdivider, developer or builder shall pay for all inspections.
B. 
Samples of materials. Samples of the materials shall be furnished to the Township Engineer in the same manner as is required of contractors under the highway and sanitary drainage specifications.
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 Solicitor shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s). The subdivider or developer may be required to cover costs which must be incurred by the township or other governmental jurisdiction in order to make these improvements feasible (for example, but not limited to, right-of-way acquisition). The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those herein prescribed for § 122-38.