[Ord. 690, 9/10/2009]
Before the Township Supervisors shall cause their approval to
be endorsed upon the final plans of any subdivision or land development,
and as a requirement for the approval thereof, the owners shall enter
into a written agreement with the Township in the manner and form
set forth by the Township Solicitor where they shall agree:
A.Â
To construct or cause to be constructed, at his own expense, all
streets, curbs, sidewalks, water mains, fire hydrants, streetlights,
drainage facilities, street signs, monuments, sanitary sewer mains,
capped sewers, parks, and other improvements shown on said final plan
when required to do so by the Board of Supervisors in accordance with
the final plans, as finally approved, and in strict accordance with
the standards and specifications of the Township.
B.Â
To maintain at his own cost the said streets, curbs, sidewalks, drainage
facilities, street signs, parks, monuments, fire hydrants, streetlighting,
capped sewers, and other improvements until the same are accepted
or condemned by the Township for public use, and for a period one
year thereafter to repair and reconstruct the same or any part of
one of them when such repair or reconstruction shall be specified
by the Board of Supervisors as necessary by reason of faulty construction,
workmanship or materials, and at or before acceptance of such improvements
by the Township.
C.Â
To install, or cause to be installed, at his 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, if
proposed to be dedicated to the Township, as required by this chapter.
D.Â
To pay all costs, charges or rates of the utility furnishing electric
service for the lighting of the streets on or abutting said subdivision,
from the lights installed by the owner, until such time as the streets
shown on the subdivision plans shall be accepted as public streets
of the Township by resolution approved by the Court of Quarter Sessions
or condemnation proceedings, and to indemnify and save harmless the
Township from and against all suits, actions, claims and demands for
electric service to the streets shown on said plans, or any part thereof,
to the time that the said streets shall be accepted as public streets
of the Township in the manner hereinabove set forth.
F.Â
To 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 insure to the
benefit not only of the owner of the subdivision but to the Township
as well.
H.Â
To pay for damage to any Township roads caused by equipment, vehicles,
or employees of applicant or its agents.
[Ord. 690, 9/10/2009]
1.Â
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
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. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Township financial security in an amount sufficient to cover
the costs of such improvements or common amenities, including basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
2.Â
When requested by the developer, in order to facilitate financing,
the Board of Supervisors shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat contingent
upon the developer obtaining a satisfactory financial security. The
final plat or record plan shall not be signed nor 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 Supervisors. Such extension
shall not be unreasonably withheld and shall be placed, in writing,
at the request of the developer.
3.Â
Without limitation as to other 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.
4.Â
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 said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
5.Â
Such bond, or other security, shall provide for and secure to the
public the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
6.Â
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 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. 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.
7.Â
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, 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 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 Township
and the applicant or developer.
8.Â
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.
9.Â
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plats by
sections or stages of development subject to such requirements or
guarantees 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.
10.Â
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Board of Supervisors
to release or authorize the release, from time to time, of such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be, in
writing, addressed to the Board of Supervisors, and the Board of Supervisors
shall have 45 days from receipt of such request within which to allow
the Township Engineer to certify, in writing, to the Board of Supervisors
that such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification, the
Board of Supervisors 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 Supervisors fails to act within said forty-five-day period,
the Board of Supervisors shall be deemed to have approved the release
of funds as requested. The Board of Supervisors 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.
11.Â
Where the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, the Board of Supervisors
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 plat 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.
12.Â
If water mains or sanitary sewer lines, or both, along with apparatus
or 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.
13.Â
If roadway improvements with the right-of-way of state highways,
along with associated improvements related thereto, are to be installed
under the jurisdiction and pursuant to the rules and regulations of
Pennsylvania Department of Transportation, financial security to assure
proper completion and maintenance thereof shall be posted in accordance
with the regulations of PennDOT and shall not be included within the
financial security as otherwise required by this section.
14.Â
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, 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 plat upon actual completion
of the improvements depicted upon the approved final plat. 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 plat, 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.
[Ord. 690, 9/10/2009]
1.Â
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Board of Supervisors,
in writing by certified or registered mail, of the completion of the
aforesaid improvements and shall send a copy thereof to the Township
Engineer. The Board of Supervisors 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 the Board of Supervisors, and shall
promptly mail a copy of the same to the developer. The report shall
be made and mailed within 30 days after receipt by the Township Engineer
of the aforesaid authorization from the Board of Supervisors; said
report 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.
2.Â
The Board of Supervisors shall notify the developer, within 15 days
of receipt of the Engineer's report, in writing, of the action
of said Board of Supervisors with relation thereto.
3.Â
If the Board of Supervisors 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 developer shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
4.Â
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Supervisors, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
5.Â
Nothing herein, however, shall be construed in limitation of the
developers right to contest or question by legal proceedings or otherwise,
any determination of the Board of Supervisors or the Township Engineer.
6.Â
Where herein reference is made to the Township Engineer, he shall
be as a consultant thereto.
7.Â
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Board
of Supervisors and as from time to time amended. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the Township Engineer or consultant for work performed
for similar services in the community, but in no event shall the fees
exceed the rate or cost charged by the engineer or consultant to the
Township when fees are not reimbursed or otherwise imposed on applicants.
A.Â
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Township
that such expenses are disputed as unreasonable or unnecessary, in
which case the Township shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's request over disputed engineer
expenses.
B.Â
If, within 20 days from the date of billing, the Township and the
applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Township shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
C.Â
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer, in his or
her sole opinion, deems necessary and render a decision within 50
days of the billing date. The applicant shall be required to pay the
entire amount determined in the decision immediately.
D.Â
In the event that the Township and applicant cannot agree upon the
professional engineer to be appointed within 20 days of the billing
date, then upon application of either party, the President Judge of
the Court of Common Pleas of the judicial district in which the Township
is located (or if at the time there be no President Judge, then the
senior active judge then sitting) shall appoint such engineer, who,
in that case, shall be neither the Township Engineer nor any professional
engineer who has been retained by, or performed services for, the
Township or the applicant within the preceding five years.
E.Â
The fee of the appointed professional engineer for determining the
reasonable and necessary expenses shall be paid by the applicant if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Township shall
pay the fee of the professional engineer, but otherwise the Township
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
[Ord. 690, 9/10/2009]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat, the Board of Supervisors is hereby granted the
power to enforce any corporate 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 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.
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.
