(A) Improvement agreement required.
(1) All applicants proposing any subdivision or land development which provides for the installation of improvements required by this chapter or any improvements or amenities which appear on the final plan shall be required to enter into a legally binding improvement agreement with the township prior to recording of the final plan, unless the applicant agrees to meet § 154.125 concerning the construction of all improvements prior to the construction of any buildings or the sale of any lots or home sites.
(2) The improvement agreement shall guarantee the installation of said improvements in strict accordance with all township requirements.
(B) Terms of improvement agreement. The improvement agreement shall be acceptable in legal form to the Township Solicitor and shall be acceptable in content to the Township Board of Supervisors. The township may require that a improvement agreement include any of the following items, where applicable, and such additional items as are necessary to carry out this chapter:
(1) The construction depicted on the approved plans, listed in itemized format, including all approved streets, drainage facilities, utility lines and other improvements;
(2) A work schedule setting forth the beginning and ending dates of such work tied to the construction of the development, and provisions to allow proper inspection by the Township Engineer;
(3) The provision of a performance guarantee for completion of required improvements in compliance with § 154.128, including a detailed breakdown of the estimated costs of the improvements, including the total amount of the performance guarantee;
(4) Provisions concerning the developer’s responsibilities for damage to other property, including maintenance by the developer of public liability insurance for the duration of improvements construction, with a hold harmless clause to protect the township from liability related to such work. A copy or other evidence of such liability coverage shall be provided to the township prior to such work;
(5) Provisions requiring that the applicant and/or other responsible entities ensure that erosion, sedimentation and stormwater management plans are complied with;
(6) Provisions for the dedication of streets, water and sewer lines and any other easements or improvements proposed to be dedicated;
(7) See § 154.146 concerning the requirement for a record plan;
(8) Provisions for the developer to reimburse the township for all reasonable engineering costs directly related to the review, construction and inspection of the proposed development and to the review and preparation of the improvement agreements;
(9) Provisions concerning any violations of the improvement agreement;
(10) Any other lawful terms which the Board of Supervisors may require to carry out the provisions of this chapter; and
(11) Signatures: the improvement agreement shall be signed by all responsible landowners and/or developers.
(C) Ownership of land and guarantee.
(1) Certificate. A certificate of ownership in the form of Appendix B shall be executed in the exact name in which title is held. If the developer(s) is someone other than the landowner(s), the developer shall also execute this affidavit, along with a security agreement.
(2) Change in ownership or developer. Any conveyance of all or a substantial portion of the unimproved lots or public improvements or streets of any subdivision or land development or change in developers, whether voluntary or by action of law or otherwise, shall require the prior approval of the Board of Supervisors to guarantee validity of the approved plan and conditions. The Board of Supervisors shall require that such new landowner and/or developer, in writing, fully assume all applicable responsibilities under the improvement agreement, including providing required financial security.
(D) Utility agreements. If a development will connect into a public water or public sanitary sewage system, the applicable authority, agency or company may also require separate improvement agreements.
(Ord. 127, passed 3-18-2010)