A.
The required land improvements shall be designed,
furnished, and installed by the developer in accordance with the provisions
of these regulations, the Horsham Township Construction Standards
as adopted by this chapter (provided in the attachment section of
the chapter),[1] which shall be considered a part hereof, and other codes
of the Township. They shall be installed before the final plan is
approved, or in lieu thereof, financial security shall be posted.
[1]
Editor's Note: The Horsham Township Construction
Standards are included at the end of this chapter.
B.
The developer shall dedicate all land required for rights-of-way and easements within the subdivision and land development, and furnish and install all improvements to provide a complete and coordinated system of streets and utilities for the neighborhood, in accordance with the Township Comprehensive Plan; the Township Official Map; Chapter 230, Zoning; this chapter; and neighboring approved developments.
All improvements shall be dedicated without
cost to the Township as required by this chapter and/or as stipulated
in the improvements agreement and in a manner approved by the Township
consistent with sound construction methods. This includes:
A.
Grading.
(1)
Grading of roadways and street rights-of-way and grading
of slopes adjacent to roadways and street rights-of-way.
(2)
Grading of all drainage swales on public or private
property and grading of individual lots, to establish positive drainage
away from buildings and eliminate low spots.
(3)
Implementation and maintenance of soil erosion control
and sedimentation control facilities.
(4)
Replacement of topsoil and vegetative restoration
in disturbed areas not stabilized with building, paving or other nonvegetative
ground cover.
(5)
Removal of temporary soil erosion and sedimentation
control facilities when they are no longer required.
B.
Street or road subbase, base and paving.
C.
Curbs and driveway aprons.
D.
Sidewalks, crosswalks, pathways and bike paths.
E.
Underground facilities for electric, telephone and
television cable lines.
F.
Storm sewers, drainage facilities and easements.
G.
Public sanitary sewer system.
H.
Public or centralized water supply and distribution
system including but not limited to wells, pumping equipment, water
laterals, submains, storage tanks and equipment systems (if required).
I.
Street name signs at all street intersections and
official traffic control signs and markings.
J.
Permanent monuments and lot pins.
K.
Fire hydrants and markers.
L.
Street trees and appurtenances; landscaping.
M.
Open space improvements and/or recreational facilities,
buffer or screen plantings.
N.
Streetlights.
A.
The developer shall construct and install, at no expense
to the Township, the improvements specified in this chapter. Construction
and installation of such facilities and utilities shall be subject
to inspection by appropriate Township, public agency or public utility
officials during the progress of the work and shall be in conformance
with the Horsham Township Construction Standards.
B.
During the construction and installation of all facilities
and utilities required by this chapter, the developer shall insure
that access to the job site from a public road shall be kept clear
and free of all obstructions and otherwise in a passable condition
to all areas of the job site for emergency, fire, and police vehicles.
In the event of a dispute, passable access for the foregoing purposes
shall be determined by the Township.
C.
The Township Engineer shall be authorized to have
such tests of materials completed as deemed necessary in order to
verify suitability of materials. Where such tests are not completed
by the developer, the Township shall have these tests completed and
the owner shall pay to the Township the cost of such tests plus 15%.
D.
Developer shall agree that during the course of construction,
and once there is at least one occupant in the subdivision or development,
developer will provide for the plowing of snow on subdivision or land
development roads as may be necessary to provide ingress and egress
to the occupant(s), at developer's cost. The snow plowing shall be
done whenever Township roads are plowed by the Township.
The following principles of subdivision and
land development, general requirements and the minimum standards of
design shall be observed by the developer in all instances:
A.
It is the developer's responsibility to comply with
all applicable plans, ordinances, statutes, regulations, etc., of
Horsham Township, Montgomery County, Commonwealth of Pennsylvania,
and the United States of America.
B.
Proposed subdivisions and land developments shall
be coordinated with existing nearby development so that the area as
a whole may develop harmoniously. Provision shall be made to assure
that the street patterns included in a proposed subdivision shall
complement existing or proposed streets shown on the current official
Township Street and Road Map, and on nearby approved developments.
C.
Standards incorporated in this chapter. In those cases
where precise design standards are not specified in this chapter,
or other ordinance adopted by Horsham Township, design standards of
the following organizations shall govern where applicable:
(1)
Roads and streets: Pennsylvania Department of Transportation,
American Association of State Highway and Transportation Officials,
Institute of Transportation Engineers, Transportation Research Board,
U.S. Department of Transportation, Federal Highway Administration,
and Horsham Township.
(2)
Sanitary sewer: Pennsylvania Department of Environmental
Protection, Montgomery County Department of Health, and servicing
municipal authority.
(3)
Water: Pennsylvania Department of Environmental Protection,
Montgomery County Department of Health, Delaware River Basin Commission,
and servicing municipal authority.
(4)
Soil and erosion control: Montgomery County Conservation
District, Department of Environmental Protection, U.S. Department
of Agriculture Soil Conservation Service, and Horsham Township.
(5)
General engineering: American Society of Civil Engineers,
Army Corps of Engineers, Federal Emergency Management Association,
Horsham Township Engineer and Horsham Township.
No plat shall be finally approved unless the
streets shown on such plat have been improved as required by this
chapter, and any walkways, curbs, streetlights, fire hydrants, trees,
water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter.
A.
In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees required pursuant to Section 509(i) of the Municipalities
Planning Code,[1] this chapter shall provide for the deposit with the municipality
of 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]
Editor's Note: See 53 P.S. § 10509(i).
B.
When requested by the developer, the governing body
shall furnish the developer with a signed copy of a resolution or
letter of contingent approval indicating approval of the final plat
contingent upon the developer obtaining satisfactory financial security,
which must be presented to the Township within 90 days. 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 governing body.
C.
Without limitation as to the 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. 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
that said bonding company or lending institution is authorized to
conduct such business within the commonwealth. Such security shall
provide for, and secure to the public, the completion of any improvements
fixed in the formal action or accompanying agreement for completion
of such improvements.
D.
Amount of financial security. The amount of financial
security shall be equal to 110% of the estimated cost of the required
improvements for which financial security is to be posted. The cost
of the required improvements shall be estimated as of 90 days following
the date scheduled for the completion of said improvements. 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 of the expiration of the 90th day after either the original date
scheduled for completion or rescheduled date of completion. Subsequent
to said adjustment, the municipality may require the developer to
post additional security in order to assure that the financial security
equals 110%.
E.
Basis for establishing amount of security. 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 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 bidding procedure or as established by the Township Engineer.
In the case where development is projected over a period of years,
Council (or the planning agency) may authorize submission of final
plans 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 subdivision or land development.
F.
Dispute over amount of financial security. Whenever
a dispute may arise between an applicant or developer and the Township
in that neither party can reach an accord or the amount of financial
security to be posted, the procedures set forth in Section 509(g)
of the Pennsylvania Municipalities Planning Code[2] shall be employed.
[2]
Editor's Note: See 53 P.S. § 10509(g).
G.
Contracts. As a condition of final plan approval for
all subdivisions or land developments, the applicant or developer
shall enter into a written agreement with the Township (to be recorded
in the office of Recorder of Deeds of Montgomery County) in a manner
and form approved by the Township Solicitor, where they shall agree
to:
(1)
Construct or cause to be constructed, at their own
expense, all streets, curbs, sidewalks, fire hydrants, streetlights,
drainage facilities, street signs, monuments, capped sewers, parks
and other improvements shown on said final plan when required to do
so by the Township Council in accordance with the final plans, as
finally approved, and in strict accordance with the standards and
specifications of the Township.
(2)
Maintain, at their own cost, said streets, curbs,
sidewalks, drainage facilities, street signs, parks, monuments, fire
hydrants, streetlighting, capped sewers and other improvements, until
the same are accepted by the Township for public use, and for a period
of 18 months thereafter, to repair and reconstruct the same or any
part of one of them when such repair or reconstruction shall be specified
by the Township Council as necessary by reason of faulty construction,
workmanship or materials and at or before acceptance of such improvements
by the Township.
(3)
Install or cause to be installed, at their own expense
and without any cost to the Township for any part of such installation,
streetlighting facilities on all streets within and abutting the subdivision
or land development, as they appear on the approved final plan.
(4)
Obtain the easements and releases required when any
street, drainage facility or other improvement wherein a subdivision
abuts or traverses lands of persons other than the person holding
legal title to the lands of the subdivision, at his own cost, and
obtain from the owner of lands so abutted or traversed full releases
from all damages which may change in grade, construction or otherwise
of the street, drainage facility or other improvement, and such releases
shall inure to the benefit not only of the owner of the subdivision,
but to the Township as well.
(5)
Promptly reimburse to the Township reasonable attorneys'
and engineers' fees in accordance with this chapter.
(6)
Construct or cause to be constructed, at their expense,
road improvements along the frontage of the tract in accordance with
this chapter.
(7)
Additional conditions as may be determined to be necessary
by the Township Solicitor.
A.
A partial completion and release of financial security.
(1)
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Township Council to release or authorize the release, from time to
time, of portions of the financial security.
(2)
Any such request shall be in writing, addressed to
Township Engineer. The Township Engineer shall certify, in writing,
to Council that such portion of the work upon the improvements has
been completed in accordance with the approved plans.
(3)
Upon such certification, Council may authorize release
by the bonding company or lending institution of an amount as estimated
by the Township Engineer that fairly represents the value of the improvements
completed.
(4)
Township Council 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 aforesaid improvements for purposes
of securing the maintenance bond on said improvements.
(5)
If the required financial security of 100 plus 10%
is secured in separate accounts and the specified 10% remains secured
for the life of the security agreement and the construction period
or until dedication, then the 10% specified above shall not be retained
from the requested partial release.
B.
Completion of improvements and release from financial
security.
(1)
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Township,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Engineer.
(2)
The Township Council shall, within 10 days after receipt
of such notice, direct and authorize the Township Engineer to inspect
all of the aforesaid improvements. The Township Engineer shall, thereupon,
file a report, in writing, with Council and shall promptly mail a
copy of the same to the developer, by certified or registered mail.
The report by the Township Engineer 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 reasons for such nonapproval or rejection.
(3)
The Township Council shall notify the developer, in
writing, by certified or registered mail, of the action of said Township
Council within relation thereto.
(4)
If any portion of said improvements shall not be approved,
or shall be rejected by the Township Council, the developer shall
proceed to complete the same and, upon completion, the same procedure
or notification, as outlined herein, shall be followed.
(5)
Upon satisfactory completion of all the necessary and appropriate improvements as approved by the Township Engineer and receipt by Council of the appropriate letter of certification of completion of said improvements, Council shall release or authorize to be released the balance of the financial security, minus the 15% as specified above. The 15% shall be retained until such time as the developer establishes additional financial security to ensure the structural integrity and functioning of the specified improvements as specified in § 198-55 herein.
A.
Where Council accepts dedication of all or some of
the required improvements following completion, Council shall require
the posting of financial security as a maintenance guaranty to secure
the 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.
B.
To secure release from the maintenance guaranty and
financial security, the developer shall notify Township Council and
Township Engineer by certified or registered mail 90 days or as otherwise
specified in the guaranty prior to the expiration date of said maintenance
guaranty and request an inspection and written report by the Township
Engineer as to the structural integrity and functioning of the specified
improvements.
C.
Upon receipt of said report and approval of the Engineer
of the structural integrity and functioning of said improvements,
Township Council shall release or authorize release of the maintenance
guaranty financial security.
D.
If the specified improvements are not found acceptable
to the Township Engineer, the developer shall correct the same to
the satisfaction of the Township Engineer and Council before the maintenance
guaranty financial security is released.
In the event that any required improvements
have not been installed as provided in this article or in accord with
the approved final plan, Council is hereby granted 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 Council 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 monies necessary to complete the
remainder 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 for the installation of the
improvements covered by such security and for any expenses incurred
by the Township.
