The purpose of these regulations is to provide sound subdivision
and land development standards for the Township. It is the intention
of this article to provide regulations for public improvements which
are to be dedicated to the Township. Some required improvements may
be dedicated to a municipal authority and others to a private utility.
The bonding or security in such instances shall comply with that agency's
requirements. As these improvements will be part of the subdivision
or land development to be approved, the developer should inform the
Township of any problems associated with any provision of bonding
or financial security encountered with such agencies.
A.
The developer shall, for all subdivisions and land developments,
agree to complete all improvements in accordance with these regulations
or such other improvements as the Township may require in the public
interest as a prerequisite to approval of the final plan. Such improvements
include those which will be dedicated to the Township, an appropriate
municipal authority or similar designated agency.
B.
No plan shall receive final plan approval by the Board of Supervisors unless the developer shall have completed all improvements as required by these regulations (see Article IX) or shall have filed with the Township, designated agency or entity surety or other financial security guaranteeing the completion of such improvements.
C.
The Board of Supervisors shall require the Township Engineer to check
final construction plans for their correctness and to inspect the
construction of improvements. The Township Engineer will be used for
all improvements where the Township is to assume ownership or be responsible
for maintenance. The entire cost of plan review and inspection will
be borne by the developer in accordance with the Pennsylvania Municipalities
Planning Code [see generally Section 503(1) and 510(g)]. The review
and inspection of improvements to be dedicated to designated authorities
or agencies where the Township will not maintain same will be in accordance
with such organization's practices.
D.
Upon completion of the improvements in accordance with the specifications required by this chapter and upon final inspection of the improvements by the Township Engineer, the developer shall take the final steps to make an offer dedicating the improvements and request the Township to accept same (see Article IX). Improvements to be dedicated to designated authorities or agencies where the Township will not maintain same will be in accordance with such organization's standards, rules and regulations.
E.
Improvements may include, but are not necessarily limited to, the
following:
(1)
Monuments or markers (see also § 185-43H).
(2)
Grading, streets, curbs and sidewalks, as required.
(3)
Sanitary sewers.
(4)
Water service, including fire hydrants.
(5)
Storm drainage improvements, as required.
(6)
Erosion and sedimentation control measures, as required.
(7)
Streetlighting.
(8)
Street signs.
(9)
Landscaping.
The purpose of this section is to provide for the filing of
financial security as allowed by Section 509 of the MPC. Where the
improvement is to be dedicated to a designated authority or agency
other than the Township, the developer will follow that organization's
practices. It is the clear intent of this chapter that all improvements
required by this chapter be either installed and approved, or the
developer will post adequate financial security as required by Section
509 of the MPC before final plan approval is granted.
A.
An assurance of proper completion of the improvements by financial
security shall be made by one of the following methods, or such other
method as shall be satisfactory to the Township:
(1)
A bond, irrevocable letter of credit, restrictive or escrow account,
certified check, or other security satisfactory to the Township and
in accordance with Section 509 of the MPC, in favor of or made payable
to the Township.
B.
The amount of the financial security shall be in an amount determined
to equal 110% of the cost of the required improvements, in accordance
with Section 509 of the MPC, and shall be approved by the Township
Engineer.
C.
The bond, certified check or other securities shall specify the time
for the completion of the required improvements. Such time shall be
satisfactory to the Board of Supervisors but not exceed one-year.
When the improvements have been completed and approved by the Township,
the guarantee shall be released and returned. When a portion of the
required improvements has been completed and approved by the Township,
a portion of the bond, monies or security commensurate with the cost
of the improvement may be released and returned in accordance with
Section 509 of the MPC. In no event shall the entire performance assurance
be returned to the developer. At least 15% shall be retained until:
D.
In the event that cash or its equivalent is deposited as an improvement
guarantee, it shall be held in an escrow fund, which may bear interest
to the credit of the developer, but the developer shall pay all costs
for the maintaining of such escrow fund.
E.
As the work of installing the required improvements proceeds, the
developer posting the financial security may request the Board of
Supervisors to release 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, that such portion of the work on the improvements has been
completed in accordance with the approved plan and specifications.
On such certification, the Board of Supervisors shall authorize release
by the bonding company or lending institution of an amount as estimated
by the Township 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.
F.
For circumstances relating to financial security not specifically
delineated in this chapter, including the amount of same and the resolution
of disagreements relative to such security, it is the intention of
the Township to follow the guidelines and procedures as set forth
by Sections 509 and 510 of the Pennsylvania Municipalities Planning
Code. In addition, all costs incurred by the Township relative to
professional consultants, including legal and engineering, as well
as administrative expenses, shall be reimbursed by the developer through
the establishment of an escrow account with the Township in reasonable
amounts as determined by the Township.
G.
In the event that any improvement which may be required has not been
installed as provided in the ordinance or in accordance with the approved
final plan, the Township may 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 Township may institute appropriate legal or equitable
action to recover the monies necessary to complete the remainder of
the improvements. All of the proceeds shall be used solely for the
installation of the improvements covered by such security and not
for any other Township purpose.
