§ 107-34. Installation of improvements.  


Latest version.
  • A. 
    The Board of Township Supervisors' staff will identify the lead agency for each improvement proposed by the developer. In most situations, the lead agency will be the ultimate owner of the improvement. The developer shall contact the lead agency to discuss the specifications for installation of the improvements. Where the lead agency has not established any specifications, the Township Supervisors will require compliance with the specifications outlined in this article, and any other specifications which are applicable to the proposal.
    B. 
    Following completion by the developer and acceptance by the lead agency of all required subdivision improvements, the lead agency shall sign the final plan drawings before the plan can be finally approved by the Township Supervisors.
    (1) 
    Improvement guarantee.
    (a) 
    In lieu of the completion of any improvements required as a condition for the final approval of a subdivision plan, the developer shall provide for the deposit of a financial security in an amount sufficient to cover the cost of any improvements or common amenities. Such financial security shall be deposited with, and in favor of, the Township of Lawrence (Clearfield County).
    (b) 
    When requested by the developer, in order to facilitate financing, the Township Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent on the developer obtaining a satisfactory financial security. The final 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 Township; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
    (c) 
    The Township Supervisors shall determine what types of financial security are acceptable for the purpose of guaranteeing construction of improvements. Irrevocable letters of credit and restrictive or escrow accounts from federal or commonwealth chartered lending institutions shall be deemed acceptable financial security. Such financial security shall be secured from 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.
    (d) 
    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.
    (e) 
    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, Lawrence Township 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 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, Lawrence Township may require the developer to post additional security in order to assure that the financial security equals said 110% of those improvements which will become Township-owned upon completion of the subdivision. Any additional security shall be posted by the developer in accordance with this section.
    (f) 
    The amount of financial security required shall be based on an estimate of the cost of completion of the required improvements that will be Township-owned upon completion of the subdivision. All lead agencies shall be responsible for negotiating financial security required to be submitted by the developer and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania, and certified by such engineer to be a fair and reasonable estimate of such cost. Lawrence Township and the lead agency engineer may refuse to accept such estimate for good cause shown. If the developer, the Township and the lead agency are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the Commonwealth of Pennsylvania 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 lead agency and the developer.
    (g) 
    If the developer 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 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.
    (h) 
    In the case where subdivision activity is projected over a period of years, the Township Supervisors 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.
    (2) 
    Partial release from improvement guarantee. As the work of installing the required improvements proceeds, the developer posting the financial security may request the Township Supervisors to release or authorize the release of 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 of Township Supervisors, and the Township Supervisors shall have 45 days from receipt of such request within which to allow the lead agency engineer to certify, in writing, that such portion of the work on the improvements has been completed in accordance with the approved plan and specifications. On such certification, the Township Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the lead agency engineer fairly representing the value of the improvements completed or, if the Board of Township Supervisors fails to act within said forty-five-day period, the Township Supervisors shall be deemed to have approved the release of funds as requested. The Township may retain 10% of the estimated cost of the improvements prior to final release.
    (3) 
    Full release from improvement guarantee.
    (a) 
    When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Township Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the lead agency engineer to inspect all of the aforesaid improvements. The engineer shall, thereupon, file a report, in writing, with the Township Supervisors and lead agency 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 lead agency engineer of the aforesaid authorization from the Township Supervisors; 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 lead agency engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
    (b) 
    The Township Supervisors 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 Township Supervisors with relation thereto.
    (c) 
    If the Board of Township Supervisors or the lead agency 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 guarantee bond or other security agreement.
    (d) 
    If any portion of the said improvements shall not be approved or shall be rejected by the Township Supervisors, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
    (e) 
    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 Township Supervisors or the lead agency engineer. Where herein reference is made to the lead agency engineer, he may be as a consultant thereto.
    (f) 
    The Township Supervisors and lead agency may prescribe that the developer shall reimburse the lead agency for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the lead agency engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the lead agency when fees are not reimbursed or otherwise imposed on applicants.
    [1] 
    In the event the developer disputes the amount of any such expense in connection with the inspection of improvements, the developer shall, within 10 working days of the date of billing, notify the Township Supervisors and lead agency that such expenses are disputed as unreasonable or unnecessary, in which case the Township Supervisors shall not delay or disapprove a subdivision application due to the developer's request over disputed engineer expenses.
    [2] 
    If, within 20 days from the date of billing, the Township Supervisors and the developer cannot agree on the amount of expenses which are reasonable and necessary, then the developer and Township Supervisors shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.
    [3] 
    The professional engineer so appointed shall hear such evidence and review such documentation as the professional developer 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.
    [4] 
    In the event that the Township Supervisors and developer cannot agree on the professional engineer to be appointed within 20 days of the billing date, then, on application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Township is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Township lead agency, nor any professional engineer who has been retained by, or performed services for, the Township, lead agency, or the developer within the preceding five years.
    [5] 
    The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the developer 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 lead agency shall pay the fee of the professional engineer, but otherwise the lead agency and the developer shall each pay 1/2 of the fee of the appointed professional engineer.
    (4) 
    Maintenance guarantee. On completion of some or all of the required improvements, Lawrence Township may require the posting of a financial security to secure the structural integrity and functioning of said improvements in accordance with the design and specifications as depicted with the final plan for a term not to exceed 18 months from the date of acceptance of the dedication. This financial security for maintenance shall be in the same form as otherwise required in this section for the installation of required improvements. However, in no event shall the financial security for maintenance exceed 15% of the actual cost of the installation of said improvements.
    (5) 
    Remedies to effect completion of improvements. In the event that any improvements which may be required have not been installed as provided in this chapter or in accordance with the approved final plan, Township of Lawrence 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, Lawrence Township may institute appropriate legal or equitable action to recover the moneys 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 Township purpose.