(A) The work of constructing streets, roads and all other improvements including the construction methods and materials, incident thereto, shall be subject to the approval of the Township Engineer. Final acceptance of the completed streets or roads shall rest with the Township Supervisors. The subdivider shall enter into a contract with the township which provides that in consideration of the acceptance of the roads or streets for inclusion in the township highway system, storm and sanitary lines and other improvements, the subdivider agrees to construct these improvements in the subdivision within two years of approval to the standards prescribed herein at his or her own expense with no cost to the township.
(B) (1) No plat shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter, and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed in accordance with said chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees required pursuant to division (B)(9) below, the developer shall deposit with the Board financial security in an amount sufficient to cover the costs of such improvements or common amenities including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.
(2) When requested by the developer, in order to facilitate financing, the Planning Commission shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security 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 developer.
(3) Federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions, in addition to a contract performance bond, shall be deemed acceptable financial security for the purposes of this section.
(4) Such financial security shall be posted with a bonding company or federal or commonwealth 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 commonwealth.
(5) Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.
(6) 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. Annually, the Commission may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninetieth day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Commission may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this division (B)(6).
(7) The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or 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 Commission, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Commission 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 Board and the applicant or 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 Commission and the applicant or developer.
(8) 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, if the Commission believes it is necessary to protect the public, be increased by 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 bidding procedure.
(9) In the case where development is projected over a period of years, the Commission may authorize submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
(10) As the work of installing the required improvements proceeds, the party posting the financial security may request the Board to release or authorize the release, from time to time, 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, and the Board shall have 45 days from the receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the Board that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the Board shall authorize the release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the improvements completed or, if the Board fails to act within said 45-day period, the Board shall be deemed to have approved the release of funds as requested. The Board may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
(11) Where the Board accepts dedication of all or some of the required improvements following completion, the Board 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 plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation or such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
(12) If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.
(13) Unless otherwise provided, the Township Planning Commission is hereby designated to be the body to determine the financial security requirements as set forth in this section.
(14) Subject to division (B)(9) above, all construction items shall be completed within one year after the plat is placed on record, except where bituminous paving construction is required. When bimminous construction is required, it shall be completed within two years after the plat is placed on record. Extension of time may be granted upon good cause shown by the Commission.
(C) (1) When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The Board shall, within ten days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall, thereupon, file a report, in writing, with the Board, 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 Municipal Engineer of the aforesaid authorization from the Board; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Municipal Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
(2) The Board shall notify the developer, within 15 days of receipt of the Engineer’s report, in writing, by certified or registered mail, of the action of the Board with relation thereto.
(3) If the Board or the Municipal 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 or other security agreement.
(4) If any portion of the said improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
(5) 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 or the Municipal Engineer.
(6) Where herein reference is made to the Municipal Engineer, he or she shall be as a consultant thereto.
(7) The developer shall reimburse the Board for the reasonable and necessary expenses incurred for the inspection of the improvements. The Board shall periodically establish by resolution a schedule of the reimbursements based upon the ordinary and customary fees charged by the Municipal Engineer for said work.
(a) In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within ten working days of the date of billing, notify the Board that such expenses are disputed as unreasonable or unnecessary, in which case the Board shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant’s request over disputed engineer expenses.
(b) If, within 20 days from the date of billing, the Board and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Board shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the commonwealth to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(c) The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(d) In the event that the Board and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the county shall appoint such engineer, who, in that case, shall be neither the Municipal Engineer nor any professional engineer who has been retained by, or performed services for, the Board or the applicant within the preceding five years.
(e) The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Board shall pay the fee of the professional engineer, but otherwise the Board and the applicant shall each pay one-half of the fee of the appointed professional engineer.
(D) The owner or subdivider shall be required to maintain all culverts, ditches and back-slopes on all streets for a period of one year after their completion. All exposed surfaces on which a turf or sod has not been developed shall be reseeded or sodded. An estimate of cost shall be prepared by a registered professional engineer, setting forth all items of work to be performed and the estimated cost; said estimate shall be subject to the approval of the Township Engineer. The owner or subdivider shall deposit with the Board a certified check or performance bond issued by a surety company in an amount not less than the cost of maintaining said culverts, ditches and back-slopes for a period of one year.
(E) 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 plat, the Board 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 Board 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 municipal purpose.
(Ord. 295, passed 3-14-1974; Ord. 592, passed 12-13-1990)