All public improvements and facilities shall be constructed
and/or installed at the sole cost and expense of the applicant. All
work shall be completed in a good and workmanlike manner and shall
be such as to be acceptable to the Township. Prior to the commencement
of any work, and prior to the execution of final plans by the Board
of Supervisors, an agreement setting forth the terms and provisions
of the development agreement set forth in Appendix A of this chapter
(such agreement and each of its terms and provisions being incorporated
herein by reference) shall be executed by the applicant, by all record owners
of the land comprising the subdivision and/or land development and
by the Township.
If all construction within the subject subdivision and/or land
development (including all public and private improvements and facilities)
is intended to exceed two years from the date of execution of the
development agreement, the applicant shall proceed in phases so that
all construction for each phase (both public and private in nature)
shall be completed within two years of the execution of such agreement.
In the case of phase development, each phase shall receive final subdivision
or land development approval separately, and this chapter and these
subdivision regulations shall be applicable to each phase of subdivision
and/or land development separately.
Simultaneously with the delivery by the applicant of final approved
plans for recording, the applicant shall deliver to the Township an
agreement of restrictions and covenants to run with the land, in a
recordable form satisfactory to the Township Solicitor, executed by
all record owners of the lands comprising the subject subdivision
and/or land development, and in a form substantially similar to the
unilateral declaration of restrictions and covenants set forth in
Appendix B of this chapter, which shall be recorded simultaneously with the recording
of the final subdivision plans and which shall include, but not be
limited to, the following provisions:
A. An easement allowing and requiring the maintenance of detention basins
by the applicant and/or his successors.
B. A statement that each owner of a lot within the development must
become a member of the homeowner's association, if such an association
is to exist.
C. A statement that all private roads shall be maintained by the applicant
and/or his or her successors.
D. A statement that the applicant and/or his successors shall maintain
all common open space and drainage facilities and all streets prior
to the dedication of the same.
E. A statement that the Township may repair and maintain all common
open space, detention and/or retention basins, drainage facilities,
private roads and public streets prior to dedication and during the
maintenance period in the event that the applicant and/or his or successors
do not do so. If the Township is required to perform repairs and maintenance,
costs so incurred by the Township shall be equally divided and placed
as a lien against each proposed lot within the subdivision. An easement
allowing the Township, its agents and employees access for such repair
and maintenance shall be conveyed to the Township.
F. Any and all other restrictions and/or conditions cited by the Board
of Supervisors as a condition of preliminary plan and/or final plan
approval.
G. A statement that the land which is the subject of the unilateral
declaration of restrictions and covenants is subject to the plans
recorded in the office of the County Recorder of Deeds, to all parts
of the approved final plans not recorded which are on file with the
Township and to all conditions of preliminary and final plan approval.
[Amended 3-7-1990 by Ord.
No. 155]
A. Upon completion of all improvements referred to in the improvement
agreement to the satisfaction of the Township, and compliance by the
developer with all other provisions of the improvement agreement,
and the payment of all costs or expenses incurred by the Township
for necessary inspection, engineering and legal fees, plus 10% of
the amount of said bills as aforesaid, the developer shall execute
and offer to the Township deeds of dedication in a form approved by
the Solicitor for the Township for all streets, and other improvements,
if any, to be dedicated. All lands to be dedicated to the Township
shall be conveyed with good and marketable title and such as will
be insured by a reputable title insurance company reasonably satisfactory
to the Township. Said title insurance shall be obtained at the sole
cost and expense of the developer and shall guarantee ownership of
the lands dedicated to the Township free and clear of all liens and
encumbrances, except those created by virtue of final plan approval.
The Township's title shall be protected from any action of mortgage
foreclosure and from any execution or judicial sale at no cost or
expense to the Township. All costs in connection with dedication and
acceptance of dedication are to be borne by the developer.
B. The Township shall accept dedication and will release the balance
of the financial security being held by the Township upon:
(1) The completion of all improvements referred to in the improvement
agreement which are to be dedicated for public use.
(2) The receipt of a satisfactory title insurance policy.
(3) The posting with the Township of financial security in the amount
of 15% of the actual cost of the improvements to be dedicated to guarantee
the structural integrity of the improvements, as well as the functioning
of the improvements in accordance with the design and specifications
as depicted on the final plan of the work performed by the developer
for a period of 18 months from acceptance of dedication of the improvements.
All work required to secure the structural integrity of the improvements
as well as the functioning of the improvements in accordance with
the design and specifications as depicted on the final plan are to
be commenced within 15 days from the time of notice from the Township
to do so, legal holidays and Sundays excepted (except in the case
of an emergency requiring immediate action), and upon default, the
Township may make such repairs and do anything necessary to maintain
such construction and recover the expense and cost thereof, upon submission
of a bill or bills from the financial security. The Township may collect
the financial security prior to the Township's performance of the
work based upon estimates received by the Township from the Engineer
for the Township for the completion of the work. If the costs incurred
by the Township exceed the amount of money received by the Township
from the financial security, then the developer shall be liable to
the Township for said excess costs and will pay the same forthwith
to the Township.
C. If the developer complies with all the terms of the improvement agreement,
then the Township shall, at the expiration of the eighteen-month guaranty
period as required by the improvement agreement, release and terminate
the financial security. However, in no event shall the financial security
be terminated without the express written consent of the Township.
[Amended 6-25-1984 by Ord. No. 107; 3-7-1990 by Ord. No. 155]
A. In order to assure the Township that the streets, drainage facilities,
curbs, sidewalks, street signs, fire hydrants, streetlighting facilities,
monuments, landscaping, parks and other public improvements as shown
on the final plans will be constructed and installed in strict accordance
with the plans, as finally approved, and in accordance with the standards,
regulations and specifications of the Township, and will be maintained
until accepted or condemned by the Township, the developer shall furnish
to the Township financial security satisfactory to the Board of Supervisors,
or, at the sole discretion to the Board, financial security in such
form and with such conditions and surety as shall be approved by the
Board in an amount equal to 110% of the total cost of the construction
and/or installation of the required public improvements. Such financial
security shall be effective for a minimum of one year beyond the date
established for the completion of all the improvements. All financial
security shall be increased by an additional 10% for each one-year
period beyond the first anniversary date from the posting of the financial
security or to an amount equal to 110% of the cost of completing the
required improvements as reestablished on or about the expiration
of the preceding one-year period. The procedure establishing the greater
amount shall control. The amounts of all financial securities shall
be determined pursuant to procedures set forth in the Pennsylvania
Municipalities Planning Code (Act of July 31, 1968, P.L. 905, No.
247, as amended).
B. Simultaneously with the developer's delivery to the Township of such
financial security, and simultaneous with the execution of the improvement
agreement, the developer shall execute a financial security agreement
prepared by the Township Solicitor setting forth the terms and provisions
of the escrow agreement as set forth in Appendix C hereto.