(A) Maintenance guarantee required. All applicants proposing any subdivision or land development
which provides for the dedication of improvements required by this chapter shall be required to provide a legally binding maintenance guarantee to the township prior to acceptance of dedication of the improvements by the township. In most cases, this guarantee will be part of the security agreement.
(B) Terms of maintenance guarantee. The maintenance guarantee shall be acceptable in legal form to the Township Solicitor and in content to the Board of Supervisors, and shall include all of the following:
(1) The applicant make any repair or reconstruction of any improvement stipulated in the maintenance agreement which is specified by the Board of Supervisors if needed because of faulty construction, workmanship, or materials, prior to acceptance of such improvement by the township;
(2) The applicant maintain at his or her own cost all improvements stipulated in the maintenance agreement, up to a maximum period of 18 months from the date of completion, except for any special purpose escrow or maintenance agreements required by the township; and
(3) The applicant post 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 maximum term of 18 months from the date of completion.
(C) Public utilities and authorities.
(1) If water mains or sanitary sewer lines, or both and related apparatus or facilities are to be installed under the jurisdiction and under the rules and regulations of a public utility or municipal authority, 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.
(2) This amount of financial security shall not also be required by the township if it is required by such utility or authority.
(D) Type of security. The maintenance guarantee shall be secured by the same form of security as is permitted for the improvements guarantees.
(E) Terms.
(1) Such maintenance guarantee shall be in the form approved by the Township Solicitor and Board of Supervisors, payable to the township, to guarantee the maintenance and repair of the streets and other public improvements in the subdivision or land development for 18 months from the date of completion.
(2) The applicant shall prove to the satisfaction of the Board of Supervisors that there will be an acceptable system for the long-term maintenance of any stormwater detention basins.
(F) Amount. The amount of the maintenance guarantee shall be determined by the applicant’s engineer, conditioned upon acceptance by Board of Supervisors, but shall not exceed 15% of the actual cost of installation of such improvements.
(G) Release. After a maximum of 18 months from the date of acceptance of dedication of said improvements, the township shall release the maintenance guarantee to the developer (or party that posted the guarantee) if all improvements are in satisfactory condition, as determined by the township.
(Ord. 127, passed 3-18-2010)