[Ord. 1998-12, 12/17/1998, § 900; as amended by
Ord. 2011-12, 10/6/2011]
1.
All rights-of-way of existing or new streets within the boundaries
of a subdivision or land development shall be conveyed to the Township
free and clear of all liens and encumbrances, with good and marketable
title which is insurable by the reputable title company doing business
in Pennsylvania.
2.
Physical improvements to the proposed subdivision or land development
tract shall be provided, constructed and installed as shown on the
final plan and in accordance with the requirements of this chapter.
3.
As a condition for the approval of the final plan, the developer
shall execute an agreement with the Board of Commissioners as to the
installation of all improvements shown on the plan and required by
this chapter. Before the final plan may be endorsed by the Board of
Commissioners, the subdivision improvements agreement shall be executed
by the developer and the Board Commissioners.
4.
All improvements installed by the developer shall be constructed
in accordance with the design specifications as may be referenced
in this Part of this chapter or as may be otherwise approved by the
Board of Commissioners, subject to the recommendations of the Township
Engineer.
5.
The supervision of the installation of the improvements as required
by this chapter shall be the responsibility of the Township Engineer,
except that the installation of those improvements which are to be
dedicated to governmental entities other than the Township shall be
supervised by engineers representing those entities.
6.
No streets shall be accepted by the Township until 90% of the building
and structures abutting such street have been completed unless the
developer shall have provided an alternative means of access for construction
vehicles found acceptable to the Township, which does not utilize
the streets to be dedicated.
[Ord. 1998-12, 12/17/1998, § 910; as amended by
Ord. 2011-12, 10/6/2011]
1.
The following improvements shall be provided, constructed and installed
by the developer as shown on the final plan and in accordance with
the "Lower Macungie Township Standards for Improvements Construction,"
hereinafter to be known as the "Township Standards," adopted and amended
from time to time by resolution of the Board of Commissioners, which
are incorporated herein by reference.
A.
Streets, curbs, bikeways and sidewalks shall be constructed in accord
with the Township Standards.
B.
Sanitary sewers and all related appurtenances shall be constructed
in accord with the specifications as may be adopted from time to time
by the Lower Macungie Township Authority or successors, which are
made part of the Township Standards by reference.
C.
Water supply and distribution related improvements including fire
hydrants, shall be constructed in accord with the specifications as
may be adopted from time to time by the Lehigh County Authority or
successors, which are made part of the Township Standards by reference.
D.
Stormwater management plan related improvements shall be constructed
in accord with the Township Standards.
E.
Monuments and markers shall be placed in accord with the Township
Standards.
F.
Street lights shall be installed in accord with the Township Standards.
G.
Street signs shall be installed in accord with the Township Standards.
H.
Tree planting and landscaping shall be accomplished in accord with
the Township Standards.
I.
Open space and recreation areas.
[Ord. 1998-12, 12/17/1998, § 920; as amended by
Ord. 2011-12, 10/6/2011]
1.
Before the Board of Commissioners shall endorse its approval on the
final plan of any subdivision or land development involving improvements
as may be required by this chapter, the developer shall enter into
a written agreement with the Board of Commissioners in the manner
and form set by the Township Solicitor, where the developer agrees
as follows:
A.
To construct or cause to be constructed at his or her own expense,
all streets, curbs, sidewalks, bike paths, sanitary sewers, water
supply and distribution systems, fire hydrants, stormwater management
facilities, monuments and markers, street lights, street signs, tree
planting and landscaping, recreation and open space facilities, and
other improvements shown on the final plan as otherwise approved,
and in accordance with the requirements of this chapter.
B.
To maintain at his or her own cost, the said streets, curbs, sidewalks,
bike paths, sanitary sewers, water supply and distribution systems,
fire hydrants, stormwater management facilities, monuments and markers,
street signs, tree planting and landscaping, recreation and open space
facilities, and any other improvements shown on the final plan until
the same are accepted by resolution of the Township Board of Commissioners
and/or public authorities and for a period of 18 months thereafter
and to repair the same as directed by the Board of Commissioners,
and/or public authority for reason of lack of structural integrity
or failure to properly function.
C.
To pay all costs, charges, or rates of the utility furnishing electric
service for the street lights installed as required by this chapter,
until such time as the streets are accepted by the Township.
D.
To pay the Township's inspection, other engineering and legal
fees as related to the creation and enforcement of said agreement.
E.
To obtain any easements or releases from all damages which may be
necessary for the construction of any improvement which traverses
lands of persons other than the developer. Said releases shall inure
to the benefit of the Township and/or public authority as well as
to the developer.
[Ord. 1998-12, 12/17/1998, § 930; as amended by
Ord. 2011-12, 10/6/2011]
1.
Before the Board of Commissioners approves any final plan and as
a prerequisite for approval, the developer shall deliver to the Board
of Commissioners, public utility, and/or municipal authority, a performance
guarantee in the amount of 110% of the cost of all improvements required
by this chapter, as determined in accordance with the procedures set
forth in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509,
and following, as amended, and as is in effect at the time of the
filing, in a form and with a surety as determined in accordance with
the procedures as set forth in Pennsylvania Municipalities Planning
Code as amended, guaranteeing the construction and installation of
all such improvements on or before the date fixed in the formal action
of approval or accompanying agreement for completion of the improvements.
The terms of the agreement may be extended as provided for in the
Pennsylvania Municipalities Planning Code, as amended. 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 as
provided for in the Pennsylvania Municipalities Planning Code, as
amended. In the event of default under a performance guarantee, the
proceeds of the performance guarantee received by the Townships, public
utility, or municipal authority shall be used to construct and install
the improvements.
2.
Before the Board of Commissioners approves any final plan, and as
a prerequisite for approval, the developer shall deliver to the Board
of Commissioners, public utility, and/or municipal authority a maintenance
guarantee in an amount of not less than 15% of the actual cost of
the installation of all improvements required by this chapter, guaranteeing
acceptance of all such improvements by the Board of Commissioners,
public utility, and/or municipal authority.
[Ord. 1998-12, 12/17/1998, § 940; as amended by
Ord. 2011-12, 10/6/2011]
1.
The procedure for inspecting and approving the improvements and for
the release of the performance guarantee by the Board of Commissioners
shall be in accord with the Pennsylvania Municipalities Planning Code,
53 P.S. § 10509, and following, as amended.
2.
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, the Board of Commissioners in hereby granted the power
to 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 Commissioners 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 monies 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.
