A.
No plan shall be finally approved unless the streets shown on such
plan have been improved as may be required by this ordinance, and
any walkways, curbs, gutters, street lights, fire hydrants, shade
trees, water mains, sanitary sewers, storm drains, stormwater management
facilities, or other improvements as may be required by this ordinance
have been installed in accordance with the requirements of this ordinance.
Notwithstanding the foregoing, the surface course of streets shall
not be completed until such time as 90% of the lots in the subdivision
or land development have been improved by the construction of dwellings
(if the plan was for residential development) or by the construction
of the proposed commercial or industrial structures (if the plan was
for such nonresidential uses). In lieu of completion of the surface
course of streets, and in lieu of completion of other improvements
required as a condition for final approval of a plan, at the discretion
of the developer, such developer may deposit with the Township and/or
any authority, as applicable, a letter of credit or other financial
security authorized by the Municipalities Planning Code and acceptable
to the Board of Supervisors and/or any applicable authority in an
amount equal to 110% of the estimated cost of the required improvements
at a time 90 days following the date scheduled for completion of the
respective improvements by the developer. The estimated cost of the
surface course shall be computed separately from the estimated cost
of completing the other improvements and shall be based upon the developer's
projected timetable for completion of the development.
B.
The amount of financial security required by the Township shall be
based upon an estimate of the cost of the improvements, submitted
by a developer and prepared by a professional engineer licensed as
such in this Commonwealth and certified by such engineer to be a fair
and reasonable estimate of such cost. The Township, upon the recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown. If the developer and the Township are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this Commonwealth
and chosen mutually by the Township and the developer. The estimate
certified by the third engineer shall be presumed fair and reasonable
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the services of said engineer shall be paid
equally by the Township and the developer.
C.
Annually the Township and/or any applicable authority may adjust
the amount of required financial security by redetermining the estimated
cost for completion of the uncompleted improvements as of the expiration
of the 90th day after either date scheduled for completion or a rescheduled
date of completion. Subsequent to said adjustment, the Township may
require the developer to post additional security in order to insure
that the financial security equals 110% of the estimated cost of the
Township and/or any applicable authority completing the improvements
at a time 90 days following the date scheduled for completion or,
alternatively, reduce the required security so that it equals such
amount. Any additional security shall be posted by the developer within
30 days after being notified of the same.
D.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Township to release
or authorize the release from time to time such portions of the financial
security necessary for the payment to the contractor or contractors
performing the work. Any such request shall be in writing addressed
to the Board of Supervisors, and the Board of Supervisors shall have
45 days from the receipt of such request to allow the Township Engineer
to certify, in writing, to the Board of Supervisors that such portion
of the work has been completed in accordance with the approved plat.
Upon such certification, the Board of Supervisors shall authorize
release from the required financial security of an amount as estimated
by the Township Engineer as representing the value of the work completed.
E.
The value of the work completed shall be determined by subtracting
110% of the estimated cost of the completion of the remaining uncompleted
work from the total amount of security deposited.
F.
At such time as 90% of the lots in the subdivision have been improved
as set forth above, or if, at the expiration of two years from the
date of the improvements, excepting the surface course, has been completed,
less than 90% of the lots have been so improved, the Township may
notify the developer to complete the surface course within 60 days
from the date of such notice. In computing the sixty-day requirement,
the period from October 31 to March 15 shall not be counted.
G.
If at the time the surface course is completed, 90% of the lots are
not improved as set forth above, the developer must:
1.
Post with the Township financial security in an amount equal to 15%
of the reasonable cost of the surface course, curbs and utility lines
as security to guarantee that damages to the street, curbs or utility
lines would not occur during the completion of the improvements on
the unimproved lots in such developer's subdivision or land development.
The Township shall hold such financial security and utilize it to
pay for the repair of any damage occurring to the road, curbs or utility
during the period between the commencement of improvements on any
particular unimproved lot and the completion of such improvements,
irrespective of whether or not it can be established that the damage
to the road was caused by contractors or other persons working in
and about the construction of such improvements; or
2.
Present to the Township agreements signed by the owners of all of
such unimproved lots pursuant to which they will agree to pay to the
Township the cost of repairing any damage occurring to roads, curbs
or utility lines in such subdivision during the period between the
commencement of work on the improvements to their lot and the completion
of such improvements, irrespective of whether or not it can be established
that such damage was caused by contractors or other persons involved
in the improvement of their respective lot.
A.
When the developer has completed all of the improvements as shown
on the final plans, the developer shall notify the Township Manager,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements, enclosing therewith certification by the
engineer responsible for the design of the improvements that they
have been installed as designed, and shall send copies of the notice
and certification to the Township. The Manager 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 Board of Supervisors
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 30
days after receipt by the Township Engineer of the aforesaid authorization
from the Manager, said report shall be detailed and shall indicate
approval or rejection of said improvements, either in whole or in
part, and if said improvements of any portion thereof shall not be
approved or shall be rejected by the Township Engineer, said report
shall contain a statement of the reasons for such nonapproval or rejection.
Improvements shall not be considered completed unless the developer
can demonstrate compliance with the requirements of this ordinance,
the Township Stormwater Management Ordinance,[1] and all other applicable ordinances, statutes and regulations.
Improvements shall also not be considered complete until as-built
plans of all improvements to be dedicated to the Township and/or any
applicable authority and of all streets, whether or not such streets
shall be dedicated, have been submitted to the Township and/or any
applicable authority, when such plans have been requested by the Township
or applicable authority.
B.
The Board of Supervisors shall notify the developer within 15 days
of receipt of the Engineer's report, in writing, by certified
or registered mail of its action with relation thereto. If the Board
of Supervisors or the Township Engineer fails to comply with the time
limitation provisions contained herein, or such time limitations as
contained in the Municipalities Planning Code, whichever requirements
shall contain a longer time period for action by the Township, all
improvements will be deemed to have been approved and the developer's
posted financial security shall be released.
C.
If any portion of said improvements shall not be approved or shall
be rejected by the Board of Supervisors, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
D.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings
or otherwise any determination of the Board of Supervisors or the
Township Engineer.
In the event that any improvements which may be required have
not been installed as provided in this ordinance or in accordance
with the approved final plan, the Board of Supervisors may enforce
any letter of credit or other financial security by appropriate legal
and equitable remedies. If proceeds of such financial security are
insufficient to pay the cost of installing or making repairs or corrections
to all the improvements covered by said security, the Board of Supervisors
may, at its option, install 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, after deducting
the costs of collection, whether resulting from the financial 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.
The Township and/or any applicable authority shall inspect the
improvements during construction. The developer shall pay the cost
of any such inspection in accordance with the provisions of Article
V of the Municipalities Planning Code. The developer shall provide
at least twenty-four-hours' notice prior to the start of construction
of any improvements that are subject to inspection.
A.
The offer to dedicate streets, parks, or other areas or options of
them does not impose any duty upon the Township and/or any applicable
authority concerning maintenance or improvement until the proper authorities
of the Township and/or an authority have made actual acceptance of
the dedication by ordinance or resolution or by entry or improvement.
B.
Where the Township accepts dedication of all or some of the required
improvements following completion, the Township may require the posting
of 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
term of 18 months from the date of acceptance of dedication. Said
financial security shall be of the same type as otherwise required
in § 501 of this ordinance with regard to installation of
such improvements, and the amount of such financial security shall
not exceed 15% of the actual cost of the installation of said improvements.
C.
Where an authority accepts dedication of some or all of the required
improvements, the authority may require the posting of financial security
in accordance with its rules and regulations and applicable law.
The developer shall maintain all streets in the subdivision
or development in travelable condition, including the prompt removal
of snow therefrom, until such time as the streets are accepted by
the township as part of the Township highway system; or, if such streets
are not to be dedicated, until a homeowners' association or other
responsible for the maintenance of the streets has been formed.
Recording of the final plan after approval of the Board has
the effect of an irrevocable offer to:
