[Amended 9-9-2013 by Ord.
No. 184]
The Board of Supervisors shall ensure, through
receipt of certificates of compliance submitted and attested by the
Township Engineer, that required improvements have been installed
according to the specifications of the final plat or alternately require
the posting of adequate surety to cover the cost for such improvements.
The Board of Supervisors shall approve one of the following alternatives
for guaranteeing compliance with the requirements of this section
for the subdivider requesting final approval of a plat. Final approval
of a plat shall not be granted until the surety required is fully
provided. 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 subdivider. The amount estimated shall be prepared
by a licensed professional engineer for submittal to the Township
by the applicant or subdivider. If the amount of the estimated financial
security is contested by the Township of Brighton Engineer, a third
licensed professional engineer chosen mutually by the applicant or
subdivider and the Township shall estimate the amount of financial
security necessary, which estimate shall be presumed fair and reasonable.
Fees for the services of the third engineer shall be paid equally
by the Township and the applicant or subdivider.
A. Completion of improvements prior to final approval.
Prior to final plat approval, the subdivider shall complete, in a
manner satisfactory to the Board of Supervisors and the Township Engineer,
all improvements required in these regulations specified in the final
subdivision plat and as approved by the Board of Supervisors and shall
dedicate the same to the Township in accordance with these regulations.
Final plat approval shall not be granted until the dedication of said
improvements has been accepted by the Board of Supervisors.
B. Guaranty of future performance. In lieu of requiring
the completion of all improvements prior to final plat approval, the
Township may, at its discretion, enter into a contract with the subdivider
whereby the subdivider shall guarantee to complete all improvements
required by this part or otherwise specified by the Board of Supervisors
in a manner satisfactory to the Board of Supervisors. To secure this
contract, the subdivider shall provide, subject to the approval of
the Board of Supervisors, one of the following guaranties:
(1) Surety bond. The subdivider shall obtain a surety
bond from a surety bonding company authorized to do business in the
State of Pennsylvania. The bond shall be payable to the Township and
shall be in an amount sufficient to cover the entire cost, as estimated
by the Township Engineer, as herein provided, for the installation
of all improvements, plus 10%. The duration of the bond shall be until
such time as the improvements are accepted by the Township in accordance
with the requirements of this part.
(2) Escrow account. The subdivider shall deposit cash
or other instruments readily convertible into cash at face value,
either with the Township or in escrow with a bank. The form of any
instruments other than cash and, in the case of an escrow account,
the bank with which the funds are to be deposited shall be subject
to the approval of the Township Solicitor. The amount of the deposit
shall be at least equal to the cost, as estimated by the Township
Engineer, of installing all required improvements, plus 10%. In case
of an escrow account, the subdivider shall file with the Board of
Supervisors an agreement between the financial bank and himself guaranteeing
the following:
(a)
That the funds of said escrow account shall
be held in trust until released by the Board of Supervisors and may
not be used or pledged by the subdivider as security in any other
matter during the period; and
(b)
That in the case of a failure on the part of
the subdivider to complete said improvements, the bank shall immediately
make the funds in said account available to the Township for use in
the completion of those improvements.
(3) Irrevocable letter of credit. An irrevocable letter
of credit in an amount equal to the cost of all required improvements,
as estimated by the Township Engineer, plus 10%, shall be posted naming
the Township Board of Supervisors as beneficiaries. The financial
institution which provides the irrevocable letter of credit shall
be first approved by the Township Board of Supervisors. Failure on
the part of the subdivider to complete said improvements shall cause
the funds posted as an irrevocable letter of credit to be more available
to the Township upon written notice of a claim against said funds.
Upon completion of the inspection and approval
of the public improvements, the developer shall submit a request to
the Board of Supervisors, in writing, to accept the dedication of
the public improvements. The request for acceptance shall include
deeds of dedication and all other legal descriptive documents necessary
to prepare a resolution or ordinance and shall be submitted at least
20 days prior to the regular meeting of the Board of Supervisors.
At the regular meeting, the Board of Supervisors shall enact a resolution
or ordinance accepting the public improvements as part of the Township's
public facilities, subject to the posting of the maintenance bond
required by this part.
Prior to the end of the eighteen-month period
when the maintenance bond expires and before the maintenance bond
is released, the Township Engineer shall make a final inspection and
certify in writing to the Board of Supervisors that all the public
improvements are in good order. If any repairs are required or maintenance
needed, the subdivider shall be notified in writing and such repairs
or maintenance shall be done and approved prior to certification by
the Township Engineer.
The applicant shall be responsible from the
time there is at least one occupant in the proposed development to
plow snow on development roads as may be necessary to provide ingress
and egress to the occupants at the applicant's cost, prior to the
acceptance of dedicated streets. The applicant shall post with the
Township the sum of $2,500 as an escrow to provide for snow removal
prior to acceptance of dedication of the streets. The applicant simultaneously
shall present a contract with a snow removal firm indicating that
the firm has been contracted to remove snow from the development streets
within four hours after snow has stopped falling. All payments for
said snow removal shall be made from the escrow fund. In the event
that the escrow should become depleted, the applicant shall post an
additional sum of $2,500 and such further amounts as may be necessary
until such time as the dedication of the streets is accepted by the
Township. In the event that the applicant or the snow removal firm
does not perform in accordance with the contract presented, the Township
may hire contractors to perform the necessary work and pay those contractors
from the escrow fund.
Any subdivider aggrieved by a finding, decision
or recommendation of the Township of Brighton Planning Commission
or the Township Board of Supervisors may present additional relevant
information and request reconsideration of the original findings,
decision or recommendation upon written request within 30 days of
notification of the Planning Commission or Board of Supervisors decision
on either preliminary or final plat application.
[Amended 11-13-2001 by Ord. No. 120]
In any case where the Board of Supervisors shall
refuse to approve any plats or land developments submitted to it in
accordance with this part, any person aggrieved by the action of the
Board of Supervisors may appeal as provided by law to the Court of
Common Pleas of Beaver County, Pennsylvania.
If any road or any drainage facilities in connection
therewith shall be opened, constructed or dedicated for public use
or travel, except in strict accordance with plats approved and recorded
as herein provided, neither the Board of Supervisors nor any public
authorities shall place, construct or operate any sewer, drain, water
pipe or other facilities or do any work of any kind in or upon such
road; and neither the Township Board of Supervisors nor any other
public authorities shall have responsibility of any kind with respect
to any such road or drainage facilities, notwithstanding any use of
the same by the public; provided, however, that nothing herein contained
shall prevent the laying of trunk sewers, drains, water or gas mains,
if required by engineering necessity for the accommodating of other
territory.