Before approving any subdivision plan, the governing
body shall require a written agreement that necessary grading, paving
and street improvements, sidewalks, streetlights, fire hydrants, water
mains, storm sewers and sanitary sewers, as may be required by the
Township, shall be installed by the subdivider in strict accordance
with the design standards and specifications of the Township, within
a specified time period.
The governing body shall ensure, through receipt
of certificates of compliance submitted and attested by the Township
Engineer, that the required improvements have been installed according
to the specifications of the final plan or alternately require the
posting of adequate surety to cover the cost for such improvements.
The governing body shall specify one of the following alternatives,
or such other alternative as may be acceptable, for guaranteeing compliance
with the requirements of this section. Decision of which alternative
shall be required is that of the governing body. Final approval of
a plan may not be granted until the surety required is fully approved.
In any event, the required surety shall be secured along with the
written agreement prior to any construction or related activity.
A.ย
Completion of improvements prior to final approval.
Prior to final plan approval, the subdivider shall complete, in a
manner satisfactory to the governing body and the Township Engineer,
all improvements required in these regulations as specified in the
final subdivision plan and as approved by the governing body and shall
dedicate the same to the Township in accordance with these regulations.
Final plan approval shall not be granted until the dedication of said
improvements has been accepted by the governing body.
B.ย
Guaranty of future performance. In lieu of requiring the completion of all improvements prior to final plan approval, the Township may, at its discretion, require that the development agreement described in ยงย 175-12F of this chapter contain provisions whereby the subdivider shall guarantee to complete all improvements required by this chapter or otherwise specified by the governing body, in a manner satisfactory to the governing body. When requested by the subdivider in order to facilitate financing, the governing body shall furnish the subdivider with a signed copy of a resolution indicating approval of the final plat contingent upon the subdivider obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the development agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the development agreement is not executed within 90 days, unless a written extension is granted by the governing body; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the subdivider. To secure the obligation to complete the improvements, the subdivider shall provide, subject to the approval of the governing body, one of the following guaranties:
(1)ย
Surety bond. The subdivider shall obtain a security
bond from a surety bonding company authorized to do business in the
Commonwealth of Pennsylvania. The bond shall be payable to the Township.
The amount of the bond shall be equal to 110% of the cost of the required
improvements as estimated by the subdivider and approved by the Township
Engineer. 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 chapter.
(2)ย
Escrow account. The subdivider shall deposit cash
or other instrument readily convertible into cash at face value, either
with the Township or in escrow with a bank. The use of any instrument
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 governing body. The amount of financial security shall be equal
to 110% of the cost of the required improvements as estimated by the
subdivider and approved by the Township Engineer. In case of an escrow
account, the subdivider shall file with the governing body an agreement
between the financial bank and himself guaranteeing the following:
(a)ย
That the funds of said escrow account shall
be held in trust until released by the governing body and may not
be used or pledged by the subdivider as security in any other matter
during the period; and
(b)ย
That in the case of a failure on the part of
the subdivider to complete said improvements in a timely manner, the
bank shall immediately make the funds in said account available by
the Township for use in the completion of those improvements.
(4)ย
Extension of guaranties. If the developer requires
more than two years from the date of posting financial security to
complete the required improvements, the amount of security may be
increased in accordance with the provisions of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as reenacted and amended December
21, 1988.[2]
[Amended 6-2-2004 by Ord. No. 512]
[2]
Editor's Note: See 53 P.S. ยงย 10101
et seq.
A.ย
Procedure.
(1)ย
When the developer has completed all of the required
improvements and 90% of the lots are developed for residential purposes,
the developer shall notify the governing body, in writing, by certified
or registered mail, of the completion of the required improvements
and shall send a copy thereof to the Township Engineer.
[Amended 12-4-2002 by Ord. No. 474]
(2)ย
The governing body 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 governing body and shall promptly
mail a copy of the same to the developer by certified or registered
mail. The report shall be made and mailed within 45 days after receipt
by the Township Engineer of the aforesaid authorization from the governing
body. Said report shall be detailed and shall indicate approval or
rejection of said improvements. If 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.
Said report shall be detailed and shall indicate approval or rejection
of said improvements. If 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)ย
The governing body shall notify the developer within
15 days, in writing, by certified or registered mail, of the action
of the governing body with relation thereto.
(4)ย
If the governing body 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.
(5)ย
If any portion of the required improvements shall
not be approved or shall be rejected by the governing body, the developer
shall proceed to complete the same, and upon completion, the same
procedure of notification as outlined herein shall be followed.
(6)ย
Nothing herein, however, shall be construed in limitation
of the subdivider's or developer's right to contest or question by
legal proceedings, or otherwise, any determination of the governing
body or the Township Engineer.
A.ย
In the event that any improvements that may be required
have not been constructed and installed as provided for in the written
agreement, this chapter, the requirements of the governing body or
in accordance with the approved final plan, the governing body shall
enforce any corporate bond or other security by appropriate legal
and equitable remedies.
B.ย
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 governing body
may, at its option, install part of such improvements and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements.
C.ย
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 municipal purpose.
A.ย
Before the Township Engineer shall issue to the governing
body a written certification that all improvements specified and required
have been satisfactorily completed in accordance with the development
agreement and in compliance with the specifications, standards, ordinances
and requirements of the Township, the subdivider or developer shall
be required to post a maintenance bond to insure structural integrity
of the 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 to not exceed 18 months from the date of acceptance
of dedication. Said financial security shall not exceed 15% of the
actual cost of installation of said improvements. Said maintenance
bond is to guarantee the repairs and maintenance by the subdivider
or developer of the streets, roads, pavements, sidewalks, curbs, gutter,
storm drains and facilities, sewage treatment plant and facilities
and other public improvements.
[Amended 2-4-2004 by Ord. No. 507]
B.ย
The repairs and maintenance required to be performed
by the subdivider or developer shall extend only to making good any
inherent defects which become manifested in the materials and workmanship
under ordinary conditions and shall not be held to cover any breakage
or damage caused by improper use or by accident resulting from circumstance
over which the subdivider or developer has no control.
A.ย
No road, street, land, way or related improvement
shall be accepted as a part of the highway system of the Township
or for maintenance unless opened, laid out, graded and improved in
strict accordance with the standards and regulations of the Township.
The requirements, specifications and standards of construction, material
and appurtenances as designated herein are considered as minimum,
and the governing body may, as it deems advisable, revise said specifications
and requirements to secure a higher standard of improvements and community
development.
B.ย
No stormwater drainage facilities, sanitary sewer
and sewage treatment facilities, water supply and water distribution
system and facilities or any other facilities or improvements will
be accepted as a part of the Township's facilities for operation and
maintenance unless designed and constructed in strict compliance with
all the standards, specifications, rules, regulations, ordinances
and requirements of the Township.
A.ย
Within 90 days after the date of approval of the final
plan, the subdivider shall record an approved duplicate copy of the
plan in the office of the County Recorder of Deeds and file with the
Secretary of the Township a Recorder's Certificate that the approved
plan has been recorded, with the plan book and page numbers indicated,
and approval shall not become final and effective until such certificate
has been filed. The subdivider shall provide a duplicate tracing of
the officially recorded plan to the Township Secretary for Township
files. The duplicate tracing may be of Mylar, linen or some other
durable material.
B.ย
After an approved subdivision plan shall have been
officially recorded, the streets, parks and other public improvements
shown thereon shall be so considered to be a part of the official
plan of the Township.
C.ย
Streets, parks and other public improvements shown
on a subdivision plan to be recorded shall be offered for dedication
to the Township by formal notation thereof on the plan or the owner
shall note on such plan that any improvements have not been offered
for dedication to the Township.
D.ย
Every street, park or other improvement shown on a
subdivision plan shall be deemed to be a private street, park or improvement
until such time as the same shall have been offered for dedication
to the Township and accepted by ordinance or resolution or until it
shall have been condemned for use as a public street, park or other
improvement.
E.ย
In the event that an approved subdivision plan is
not recorded within the required ninety-day period, said approval
shall be deemed voided and rescinded and the plan must be resubmitted
if approval is sought by the developer.
If any road or any drainage facility in connection
therewith shall be opened, constructed or dedicated for public use
or travel, except in strict accordance with plans approved and recorded
as herein provided, neither the governing body nor any public authority
shall place, construct or operate any sewer, drain, water pipe or
other facility or do any work of any kind in or upon such road; and
neither the governing body nor any other public authority shall have
responsibility of any kind with respect to any such road or drainage
facility, 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.
A.ย
Common open spaces, when provided, shall be located
so as to be consistent with accepted design principles. Where possible,
it shall be designed as a contiguous area easily accessible to the
residents and preserving natural features.
B.ย
There shall be provisions that ensure that the common
open space shall continue as such and be properly maintained.
(1)ย
The developer shall either:
(a)ย
Dedicate such land to public use if the Township
or another public agency has indicated it will accept such dedications;
(b)ย
Retain ownership and responsibility for maintenance
of such open space; or
(c)ย
Provide for and establish one or more organizations
for the ownership and maintenance of all common open space.
C.ย
If a homeowners' association or open space trust is
formed, it shall be governed according to the following regulations:
(1)ย
The organization is organized by the developer and
operated with financial subsidization by the developer (if necessary)
before the sale of any lots within the development.
(2)ย
Membership in the organization is mandatory for all
purchasers of homes therein and their successors.
(3)ย
The organization shall be responsible for maintenance,
insurance and taxes on common open space.
(4)ย
The members of the organization shall share equitably
the costs of maintaining and developing common open space, in accordance
with procedures established by them.
(5)ย
The organization shall have to hire adequate staff
to administer facilities and maintain the common open space.
(a)ย
In the event that the organization established
to own and maintain common open space or any successor organization
shall at any time after establishment of the development fail to maintain
the common open space in reasonable order and condition in accordance
with the development plan, the Township may serve written notice upon
such organization or upon the residents of the development setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition.
(b)ย
Said notice shall include a demand that such
deficiencies of maintenance be corrected within 30 days thereof and
shall state the date and place of a hearing thereon which shall be
held within 14 days of the notice. At such hearing, the Township may
modify the terms of the original notice as to the deficiencies and
may give an extension of time within which they shall be corrected.
(c)ย
If the deficiencies set forth in the original
notice or in the modifications thereof shall not be corrected within
said 30 days or any extension thereof, the Township may enter upon
said common space and maintain the same for a period of one year.
(d)ย
Said maintenance by the Township shall not constitute
a taking, nor vest in the public any rights of use.
(e)ย
Before the expiration of said year, the Township
shall, upon its initiative or upon the request of the organization
theretofore responsible for maintenance, call a public hearing, upon
notice to such organization or to the residents of the development.
At the hearing, such organization or the residents of the development
shall show cause why such maintenance by the Township shall not, at
the option of the Township, continue for a succeeding year.
(f)ย
If the governing body determines that such organization
is ready and able to maintain said common space in reasonable condition,
the Township shall cease maintenance at the end of said year.
(g)ย
If the governing body shall determine that such
organization is not ready and able to maintain said common open space
in a reasonable condition, the Township may, at its discretion, continue
maintenance during the next succeeding year and, subject to a similar
hearing and determination, in each year thereafter.
(h)ย
The cost of maintenance by the Township shall
be assessed against the properties within the development that have
a right of enjoyment of the common open space and shall become a lien
on said properties. The Township, at the time of entering upon said
common open space for the purpose of maintenance, shall file a notice
of such lien in the office of the Prothonotary of the county, upon
the properties affected by such lien within the development.