[Amended 9-12-1989 by Ord. No. 1211]
A.
No subdivision and/or land development application 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 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 this chapter. In lieu of the completion of any
improvements required as a condition for final plan approval, including
improvement or fees, the landowner or developer shall deposit financial
security with the Township in an amount sufficient to cover the cost
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 are or may be required.
B.
When requested by the landowner or developer, in order to facilitate
financing, the Board of Commissioners 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 (record plan) shall not be signed or 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 Commissioners.
Such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the landowner or developer.
In lieu of the completion of the streets and other improvements required as a condition for the final approval of the subdivision and/or land development plan as set forth in §§ 123-13R and 123-42, the landowner or developer may deposit financial security acceptable to the Board of Commissioners (except as set forth in Subsection E) in an amount sufficient to cover the costs of such improvements, estimated, calculated and determined in accordance with the following:
A.
Such financial security shall include, but is not limited to, performance
bonds, surety bonds, federal- or commonwealth-chartered lending institution
irrevocable letters of credit and restrictive or escrow accounts in
such lending institutions. Such bond or other security shall provide
for and secure to the Township the completion of all improvements
which may be required within one year or such other time that may
be fixed by the Board of Commissioners for such completion. Such financial
security shall be posted with a bonding company or federal- or commonwealth-chartered
lending institution, provided that said company or institution is
authorized to conduct such business within the commonwealth.
B.
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 landowner or developer. The Township may adjust
the amount of the financial security annually, 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. Subsequent to said adjustment,
the Township may require the landowner or developer to post additional
security in order to assure that the financial security equals said
110%. Any additional security shall be posted by the landowner or
developer in accordance with this subsection.
[Amended 9-12-1989 by Ord. No. 1211]
C.
If the party posting the financial security requires more than one
year from the date of posting 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 the 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 through
an estimate of costs as set forth above.
D.
In the case where development is projected over a period of years, the Board of Commissioners may authorize submission of final plans by section or stages of development in accordance with the provisions of Article V of the Pennsylvania Municipalities Planning Code[1] and 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.
As the work of installing the required improvements proceeds, the
party posting the financial security may request that the Board of
Commissioners release or authorize the release of, from time to time,
such portions of the financial security necessary for payment to the
contractor or contractors performing the work. Any such request shall
be in writing, addressed to the Board of Commissioners, whereupon,
the Board shall have 45 days from receipt of such request within which
to allow the Township Engineer to certify, in writing, to the Board
that said improvements have been completed in accordance with the
approved plans. Upon such certification, the Board of Commissioners
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 Commissioners
fails to act within said forty-five-day period, the Board of Commissioners
shall be deemed to have approved the release of funds as requested.
The Board of Commissioners may, prior to final release, at the time
of completion and certification by the Township Engineer, require
10% of the estimated cost of the aforementioned improvements to be
retained. The Township Engineer, in certifying the completion of work
for a partial release, shall not be bound to the amount requested
by the developer, but shall certify to the Board of Commissioners
an independent evaluation of the proper amount of partial releases.
[Amended 9-12-1989 by Ord. No. 1211]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
If water mains or sanitary sewer lines, or both, along with apparatus
or other facilities related thereto, are to be installed under the
jurisdiction and pursuant to the rules and regulations of a public
utility or municipal authority separate and distinct from the Township,
financial security to assure proper completion and maintenance thereof
shall be posted in accordance with the regulations of the controlling
public utility or municipal authority and shall not be included within
the financial security as otherwise required by this section.
F.
Where the Board of Commissioners accepts dedication of all or some
of the required improvements following completion, the Board 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.
[Added 9-12-1989 by Ord. No. 1211]
G.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final plan approval,
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 upon the final
plan upon actual completion of the improvements depicted upon the
approved final plan. Moreover, if said 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
final 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.
[Added 9-12-1989 by Ord. No. 1211]
A.
Upon the completion of the required improvements, the landowner or
developer shall so notify the Board of Commissioners in writing, by
certified or registered mail, sending a copy thereof to the Township
Engineer. Within 10 days after receipt of such notice, the Board of
Commissioners shall direct and authorize the Township Engineer to
inspect all of the said improvements for compliance with the terms
of this chapter.
B.
Within 30 days after receipt of the aforementioned authorization
from the Board of Commissioners, the Township Engineer shall file
a report, in writing, of such inspection with the Board of Commissioners
and shall concurrently mail a copy thereof to the developer by certified
or registered mail. Such report shall be detailed and shall clearly
and specifically indicate approval or rejection of such improvement,
either in whole or in part, and if such improvements, or any part
or portion thereof, shall not be approved, or shall be rejected by
the Township Engineer, such report shall contain a statement of the
reasons for such nonapproval or rejection.
C.
The Board of Commissioners shall notify the landowner or developer,
within 15 days of receipt of the Township Engineer's report,
in writing, by certified or registered mail, of the action of the
Board of Commissioners with relation thereto.
[Amended 9-12-1989 by Ord. No. 1211[1]]
D.
If the Board of Commissioners 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 landowner or developer
shall be released from all liability, pursuant to its performance
guaranty bond or other security agreement.
[Added 9-12-1989 by Ord. No. 1211[2]]
E.
If any part or portion of the said improvements shall not be approved,
or shall be rejected by the Board of Commissioners, the landowner
or developer shall correct and complete the same; and the same procedure
as set forth within this section shall be followed and applied.
F.
The landowner or developer shall be responsible for maintenance of all improvements until such improvements as are offered for dedication are accepted by the Township. Ten percent of the completion guaranty shall be retained as financial security until a maintenance guaranty, as provided for in § 123-47, has been posted and as-built plans are verified and accepted by the Township Engineer.
G.
Nothing herein, however, shall be construed in limitation of the
landowner's or developer's right to contest or question,
by legal proceedings or otherwise, any determination of the Board
of Commissioners or the Township Engineer.
[Added 9-12-1989 by Ord. No. 1211]
Within 30 days after completion of improvements and approval of the same by the Township, and before acceptance of such improvements, the landowner or developer shall submit to the Board of Commissioners a corrected set of as-built plans and profiles in accordance with §§ 123-17 and 123-24. In the event that the as-built plan is not submitted in complete and accurate form, all funds being withheld in an escrow account shall not be released until such plan has been satisfactorily completed.
[Amended 9-12-1989 by Ord. No. 1211]
In the event that any improvements which may be required under
this chapter have not been installed as provided in this chapter,
or in accordance with the approved final plan, the Board of Commissioners
may enforce the 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 correction to all
the improvements covered by such bond or security, the Board of Commissioners
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 from the land developer the moneys
necessary to complete the said improvements. All of the proceeds,
whether resulting from the security or from legal or equitable action
brought against the landowner or developer, or both, shall be used
solely for the installation of improvements covered by such security.
A.
Upon completion of the construction of improvements in accordance
with the approved subdivision or land development plan, the following
conditions shall apply to the offer of dedication of the same and
the acceptance thereof:
(1)
The Board of Commissioners shall have no obligation to take over
and make public any street or other improvement in or abutting a subdivision
or land development. If the Board of Commissioners elects to accept
an offer of dedication, such acceptance shall not occur unless and
until:
(a)
The required improvements and monuments as shown on the approved
subdivision and/or land development plan, conservation plan and improvements
construction plan shall have been certified by the Township Engineer
as having been constructed and installed in accordance with the provisions
of this chapter, and all other ordinances, codes, regulations, plans
and maps of the Township.
(b)
A maintenance guaranty is provided through the posting of financial security, such as that deemed to be acceptable to the Township as set forth in § 123-43A. Such guaranty shall assure the structural integrity of required improvements, as well as the functioning of said improvements, in accordance with the design and specifications as depicted on the approved final plans for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be in an amount equivalent to 15% of the actual cost of installation of the required improvements.
(c)
An offer of dedication for all improvements, prepared and executed
by the landowner or developer in accordance with forms prescribed
by the Board of Commissioners, together with a certificate from the
contractor or contractors evidencing: all permits; the payment of
all labor, material and maintenance costs; and a policy of title insurance
insuring the fee title to said improvements (whenever a deed is involved)
as free and clear of all liens and encumbrances and other objections
to the title.
(d)
At least 50% of all lots having access to the street has been
encompassed by completed dwellings, and the Board of Commissioners
shall determine that the public interest requires that such improvements
be accepted.
B.
The Board of Commissioners shall have no responsibility with respect
to any improvements, notwithstanding any public use thereof, unless
and until such improvements are accepted for dedication by duly enacting
or adopting an ordinance or resolution therefor.
C.
Where traffic signals are deemed necessary and prior to any acceptable
by the Township, the landowner or developer shall be required to:
(1)
Obtain the required permit(s).
(2)
Install all approved materials and make the necessary connections
to ensure proper functioning and synchronization with other signals.
(3)
Operate and maintain such signals until tested and approved.
(4)
Incur and make payment for all costs involved in the design, construction,
maintenance and operation of any such signals.
