[Ord. 5/8/1997A, § 801]
1.
Before approving any subdivision or land development plan for recording,
the Township Supervisors shall require that the Township be assured
by means of a proper development agreement and performance guarantee
that the improvements required by this chapter and the improvements
appearing on the plan will be installed in strict accordance with
the standards and specifications of this chapter, unless:
A.
If a developer chooses to install all required improvements prior
to construction of any building, in place of using performance guarantees,
in which case, the Township shall as deemed necessary require the
developer to have adequate insurance, hold harmless agreements and
an escrow account to cover the costs of inspections.
2.
Purpose of Security. The security required by this chapter shall
stand as security for compliance with all Township ordinances, other
laws, covenants, stipulations, conditions and rules applicable to
the subdivision or land development for which it is filed.
3.
No construction of buildings or paving or sales of any individual
lot or condominium unit within a subdivision or land development shall
take place in any subdivision unless:
A.
There
is on file, with the Township, a current duly executed performance
bond (and security escrow agreement if necessary); or
B.
All rough
grading is complete and all required public improvements, utilities,
streets, drainage facilities, sewers and streetlights have been completed
and accepted by the Board of Supervisors;
C.
A duly
executed approved record plan is on file with Northampton County's
Recorder of Deeds Office.
[Ord. 5/8/1997A, § 802]
1.
In all cases, the subdivider or land developer shall be responsible
for the installation of all improvements required by this chapter.
2.
The Township Engineer or other Township designee shall make such
inspections of the required improvements at such intervals as may
be reasonably necessary to assure compliance with this chapter. The
reasonable costs of such inspection shall be borne by the subdivider
or land developer, making use of an escrow account.
[Ord. 5/8/1997A, § 803]
1.
Development Agreement Required.
A.
All applicants proposing any subdivision or land development which provides for the installation of improvements required by this chapter or any improvements or amenities which appear on the final plan shall be required to enter into a legally binding development agreement with the Township prior to recording of the final plan, unless the applicant agrees to meet § 22-801, Subsection 3, concerning the construction of all improvements prior to the construction of any buildings or the sale of any lots or home sites.
B.
The development agreement shall guarantee the installation of said
improvements in strict accordance with all Township requirements.
C.
The final plan shall not be approved for recording by the Township
Supervisors prior to the execution of this agreement and the delivery
of the performance guarantee.
2.
Terms of Development Agreement. The development agreement shall be
acceptable in legal form to the Township Solicitor and shall be acceptable
in content to the Township Board of Supervisors and it should at a
minimum consist of the following, where applicable:
A.
The construction depicted on the approved plans, listed in itemized
format, including but all approved streets, drainage facilities, utility
lines and other improvements.
B.
A work schedule setting forth the beginning and ending dates of such
work tied to the construction of the development and provisions to
allow proper inspection by the Township Engineer.
C.
The provision of a performance guarantee for completion of required improvements in compliance with § 22-804, including a detailed breakdown of the estimated costs of the improvements, including the total amount of the performance guarantee.
D.
Provisions concerning the developer's responsibilities for damage
to other property, including maintenance by the developer of public
liability insurance for the duration of improvements construction,
with a hold harmless clause to protect the Township from liability
related to such work. A copy or other evidence of such liability coverage
shall be provided to the Township prior to such work.
E.
Provisions concerning measures to prevent erosion, sedimentation
and water damage to the subject and adjacent properties.
F.
Provisions for the dedication of streets, water and sewer lines and
any other easements or improvements approved to be dedicated.
H.
Provisions for the developer to reimburse the Township for all reasonable
engineering and legal costs directly related to the review, construction
and inspection of the proposed development and to the review and preparation
of the development agreements.
I.
Provisions concerning any violations of the development agreement.
J.
Any other lawful terms which the Township Supervisors may require
to carry out the provisions of this chapter.
K.
Signatures. The development agreement shall be signed by all responsible
landowners and/or developers.
3.
Ownership of Land and Guarantee.
A.
A certificate of ownership in the form of Appendix 22-C shall be
executed in the exact name in which title is held. If the developer(s)
of a subdivision is someone other than, the landowner(s) of the subdivision,
the developer shall also execute this affidavit, along with a performance
guarantee and security agreements.
B.
Change in Ownership or Developer. Any conveyance of all or a substantial
portion of the unimproved lots or public improvements or streets of
any subdivision or change in developers, whether voluntary or by action
of law or otherwise, shall require the prior approval of the Township
Supervisors. In giving or denying said approval, the Township Supervisors
shall require that such new landowner and/or developer fully assume
all applicable responsibilities under the development agreement and
post all the appropriate bonds and security agreements.
4.
Utility Agreements. If a development will connect into a public water
or public sanitary sewage system, the applicable authority, agency
or company may also require separate development agreements.
[Ord. 5/8/1997A, § 804]
1.
The performance guarantee for completion of required improvements
shall meet the following requirements:
A.
Security.
(1)
The guarantee shall be secured by the credit of any of the following:
(a)
An irrevocable and unconditional letter of credit of a federal
or state chartered lending institution.
(b)
A restrictive or escrow account in a federal or state chartered
lending institution.
(c)
Such other financial security approved by the Township Supervisors
(which approval shall not be unreasonably withheld), but not including
a second or third mortgage on the unimproved lands.
(3)
Such financial security shall be posted with a bonding company
or federally issued or state-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 state.
(a)
The Township Supervisors may require that evidence be provided
that such institution or company has sufficiently adequate and secure
assets to cover the security.
(b)
The Township shall be an authorized signatory on any account
in which the escrow funds are held and all escrow funds from sales
of lots shall be paid directly to such fund, and a monthly statement
shall be furnished to the Township.
B.
Amount.
(1)
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 in the official development schedule [see Subsection 1B(3)], and within the process for increases to cover inflation as permitted by the State Planning Code.
(2)
The cost of the improvements shall be established by an estimate
prepared by a Pennsylvania registered professional engineer, within
the arbitration process permitted by the State Planning Code, 53 P.S.
§ 10101 et seq.
(3)
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 a maximum of 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 procedure.
C.
Multi-Year or Multi-Stage Development. In the case where development
is projected over a period of years, the Township Supervisors may
authorize submission of final plans by phases/stages of development
subject to such requirements or improvement guarantees concerning
future improvements as it finds necessary for the proper functioning
of each phase and for the eventual development as a whole.
[Ord. 5/8/1997A, § 805]
1.
In General. As the work of installing the required improvements proceeds,
the party posting the financial security may request the Township
Supervisors to release or authorize the release, from time to time,
portions of the financial security necessary for payment to the contractor(s)
performing the work.
2.
Notice of Completion. When the developer has completed an improvement,
the developer shall notify the Township and request release of related
financial security in writing to the Township Supervisors by certified
or registered mail. The developer shall send a copy of letter to the
Township Engineer at the same time.
3.
Engineer's Report.
A.
Within 30 days of the receipt of such request, the Township Engineer
shall submit a written report certifying which improvements have been
completed in accordance with the approved plan to the Township Supervisors
and mail a copy of such report by certified or registered mail to
the developer or his/her representative at his/her last known address.
B.
This report shall be based on the inspections made according to the
approved inspection schedule included in the development agreement
and shall recommend approval or rejection of the improvements, either
in whole or in part.
C.
If the Township Engineer finds any or all of the improvements to
be not as required, he/she shall include a statement of the reasons
for recommending their rejection in the report.
4.
Decision by Township Supervisors.
A.
At its first regularly scheduled meeting after receiving the Engineer's
report (but not later than 45 days of the receipt of the request)
the Township Supervisors shall review the Township Engineer's report
and shall authorize release of an amount as estimated by the Township
Engineer fairly representing the value of the improvements completed.
B.
The Township Supervisors shall be deemed to have approved the release
of funds as requested if the Township Supervisors fails to act within
45 days of receipt of the developer's request.
C.
Until final release (completion of all improvements), the Township
Supervisors may require retention of a maximum of 10% of the cost
of each completed improvement.
D.
The Township Supervisors shall notify the developer in writing by
certified or registered mail of the decision.
5.
Completion of Unapproved Improvements. The developer shall proceed
to complete any improvements not approved by the Township Supervisors
and, upon completion, request approval in conformance with the procedures
specified in the section.
6.
Final Release.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall request final release in conformance
with the procedures specified in this section. See time limitations
and procedures in § 510 of the Municipalities Planning Code,
53 P.S. § 10510.
7.
Appeal. Nothing herein, however, shall be construed to limit the
developer's right to contest or question by legal proceedings or otherwise
any determination of the Township Supervisors or the Township Engineer.
8.
Certificates of Occupancy and Completion of Improvements.
A.
A temporary or final certificate of occupancy shall not be issued
and a structure shall not be occupied unless:
(1)
The structure is safe and substantially completed in conformity to
all applicable ordinances, laws and plans
(2)
The structure is served by electricity and telephone service and
any required water, fire hydrants and sewage service; and
(3)
If required on the approved plans, the structure has access to a
clearly permanently passable street with at least a complete paving
base course and any required curbing installed.
B.
No final certificate of occupancy shall be issued until the structure
is completed as approved with service by all required utilities, and
with all access onto a street completed to required standards, if
applicable.
[Ord. 5/8/1997A, § 806]
1.
Enforcement of Security.
A.
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 plan, or in the event of the bankruptcy of the owner or developer,
the Township Supervisors is hereby granted the power to elect to enforce
any security posted under this chapter by appropriate legal and equitable
remedies.
(1)
This may include taking all actions necessary to obtain moneys
under said bond including, but not limited to, seizure of undeveloped
lots, confession of judgment, suit on the bond, seizure of escrow
funds, revocation of building permits and prosecution under this chapter.
B.
Rate of Construction. Failure of a developer to construct streets
and other public improvements reasonably at the same time or prior
to the construction of the buildings served by those streets or public
improvements, and at the same rate in time at which buildings are
completed, shall be a violation of this chapter and a cause for default.
2.
Completion by Township. 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
Township Supervisors may, at their 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.
3.
Proceeds for Installation of Improvements. The proceeds from use
of the security and/or from any legal or equitable action brought
against the developer shall be used solely for the installation of
the improvements covered by such security.
[Ord. 5/8/1997A, § 807]
1.
Maintenance Agreement Required.
A.
All applicants proposing any subdivision or land development which
provides for the dedication of improvements required by this chapter
shall be required to enter into a legally binding maintenance agreement
with the Township prior to acceptance of dedication of the improvements
by the Township.
B.
The dedication of any significant improvement, as determined by the
Township Supervisors, shall not be accepted by the Township prior
to the execution of a maintenance agreement and the delivery of the
maintenance guarantee.
2.
Terms of Maintenance Agreement. The maintenance agreement shall be
acceptable in legal form to the Township Solicitor and in content
to the Township Supervisors, and shall include all of the following:
A.
That the applicant make any repair or reconstruction of any improvement
stipulated in the maintenance agreement which is specified by the
Township Supervisors if needed because of faulty construction, workmanship
or materials, prior to acceptance of such improvement by the Township.
B.
That the applicant maintain at his/her own cost all improvements
stipulated in the maintenance agreement, up to a maximum period of
18 months from the date of acceptance or dedication by the Township,
except for any special purpose escrow or maintenance agreements required
by the Township.
C.
That the applicant post 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 maximum term of 18 months from the date of acceptance
of dedication.
D.
That the developer plow snow and maintain all streets until such
time as the Township may accept such streets.
3.
Public Utilities and Authorities. If water mains or sanitary sewer
lines, or both and related apparatus or facilities are to be installed
under the jurisdiction and under the rules and regulations of a public
utility or Township authority, financial security to assure proper
completion and maintenance thereof shall be posted in accordance with
the regulations of the controlling public utility or Township authority.
This amount of financial security shall not also be required by the
Township if it is required by such utility or authority.
[Ord. 5/8/1997A, § 808]
1.
Security. The maintenance guarantee shall be secured by the credit
of any of the following:
A.
An irrevocable and unconditional letter of credit of a federal or
state chartered lending institution.
B.
A restrictive or escrow account in a federal or state chartered lending
institution.
C.
Such other financial security approved by the Township Supervisors
(which approval shall not be unreasonably withheld).
2.
Terms. Such maintenance guarantee shall be in the form approved by
the Township Solicitor and Township Supervisors, payable to the Township,
to guarantee the maintenance and repair of the streets and other public
improvements in the subdivision or land development for 18 months
from the date of acceptance thereof by the Township. The applicant
shall prove to the satisfaction of the Township Supervisors that there
will be an acceptable system for the long term maintenance of any
stormwater detention basins.
3.
Amount. The amount of the maintenance guarantee shall be determined
by the applicant's engineer, conditioned upon acceptance by Township
Supervisors, but shall not exceed 15% of the actual cost of installation
of such improvements.
4.
Release. After a maximum of 18 months from the date of acceptance
of said improvements, the Township shall release the maintenance guarantee
to the developer (or party that posted the guarantee), after receipt
of a certified letter requesting the same, if all improvements are
in satisfactory condition as determined by the Township.
