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1. General Requirements.
A. Improvements required may include streets, sanitary sewers, water supply systems, stormwater controls, utilities or other such improvements necessary to development of the site.
B. Improvements may be installed in phases comprising a minimum of three contiguous parcels.
C. Improvements shall be installed by the subdivider prior to final plan approval, or a suitable guarantee shall be provided which shall ensure installation of the improvements by the subdivider according to the standards set forth in these regulations. The final plan shall not be approved until final detailed design of the improvements is approved and the improvements are installed and inspected and determined to be in a satisfactory state of repair, or a suitable guarantee .for installation and maintenance is provided.
D. The Township shall designate the Township Engineer or other individual to approve final design and inspect the installation of improvements.
2. Improvement Guarantee.
A. In lieu of completion of any improvements required as a condition of final plan approval, the applicant shall file with the Township a financial security as an improvement guarantee equal to 110% of the estimated cost to install the same improvements estimated as of 90 days after the date scheduled for completion by the developer. Such guarantee may consist of an irrevocable letter of credit, a restricted or escrowed bank account or acceptable performance bond. For phased development, financial security in lieu of improvement completion need cover only the phase for which final plan approval is sought. 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. 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. The cost of the required improvements shall be established by a registered professional engineer selected by the applicant and submitted for approval. The Township may reject such estimates for good cause shown.
B. If the developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and rectified by a registered professional engineer chosen mutually by the Township and the developer. The estimate certified by the engineer shall be presumed fair and reasonable and shall be the final estimate. In the event an engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the developer.
C. Should the completion of the required improvements require more than 1 year, the Township may increase the amount of financial security by up to 10% for each 1 year period beyond the first anniversary date of the posting of the original 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 1 year period.
If a development is projected over a period of years, the Township may authorize submission of plans by stages, which shall be subject to such requirements or guarantees as the Commission deems essential for the protection of any finally approved section of the development.
3. Release from Improvement Guarantee.
A. The Township may authorize the release to the developer of such portions. of the security necessary for payment to the contractor or contractors performing the installation of required improvements. Any request for the release of funds shall be in writing to the Township which shall have 45 days from receipt of the request to authorize its engineer to complete inspection of and certify, in writing, that the improvements to be covered by the funds have been completed satisfactorily.
B. Under certain conditions the Township may agree to other procedures for the release of portions of any posted financial security so long as the work has been done in accordance with the terms of plan approval.
C. When all necessary improvements have been completed, the developer shall notify the Township in writing by certified or registered mail of said completion. The Township shall, within 10 days after receipt of such notice, authorize final inspection by its engineer of the aforesaid improvements. A report shall be made in writing by certified mail to the developer within 30 days of the inspection authorization and shall indicate approval or rejection of the completed improvements.
D. Upon approval of the completed improvements, the Township shall release to the developer those funds remaining in the financial security deposit including all interest accrued thereunder. Prior to release of such funds, the developer shall guarantee in writing the structural integrity of the improvements for a period of 1 year.
E. If any portion of the completed improvements shall be found not satisfactory, the aforementioned written report shall contain a statement of reasons for rejection. The developer shall proceed to correct or complete those improvements and upon completion shall notify the Township by those procedures contained in this Section.
F. Should the Township fail to comply with the time limitations as provided, all improvements will be deemed to have been approved and the developer shall be released from all liability pursuant to the financial guarantee agreement.
G. If financial security has been provided in lieu of completion of improvements required as a condition for the final plan approval as set forth in this Section, the Township shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use or occupancy of the building or buildings. Any ordinance or statute inconsistent herewith is hereby expressly repealed.
4. Dedication of Improvements.
A. Where the subdivider proposes to dedicate improvements to the Township, a deed which dedicates the land and such improvements to the Township and is duly signed by the subdivider and Township Supervisors, shall be recorded with the final plan. In accepting the deed of dedication and approving the final plan, the Township accepts ownership and maintenance responsibility for the improvements shown on the final plan.
B. Where the Township accepts dedication of all or some of the required improvements, the Township may require up to 15% of the actual cost of improvements for financial security to insure the structural integrity of those improvements for a term not to exceed 18 months from the date of acceptance of dedication.
C. A final plan may be approved without an offer of dedication of improvements, provided that such improvements are noted as private on the final plan. The subdivider shall also be required to provide a notice in each deed, setting forth an arrangement between the subdivider and buyer for maintenance of such improvements. In addition, as stated in subsection (B) above, the Township may require up to 15% of the actual cost of improvements for financial security to insure the structural integrity of those improvements for a term not to exceed 18 months from the date of acceptance of dedication.
(Ord. 3/9/1993A, § 205)