1232.07 CONDITIONS FOR APPROVAL OF FINAL PLANS.
(a) Prior to construction the developer is required to schedule a preconstruction conference with the Township Secretary, the Township Engineer, the Building Inspector and any other Township officials the Township deems necessary.
(b) The applicant agrees that he will lay out and construct all roads, streets, lanes or alleys together with all other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space and restricted areas, and erosion and sediment control measures, in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval, and that he shall complete these improvements within the time or times specified by the Board of Commissioners.
(c) That the applicant guarantees completion and maintenance of all improvements by means of a corporate surety bond or deposit of funds or government securities in escrow or irrevocable letter of credit acceptable to the Township in accordance with Section 509 of the Pennsylvania Municipalities Planning Code.
(d) The applicant agrees if requested to tender a deed of dedication to the Township for streets, any and all easements for sanitary sewers, water lines or storm sewers and improvements thereto, including street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public health, safety and welfare, after all streets, sidewalks, sewers, and the like are completed and such completion is certified as satisfactory by the Township Engineer. The Board of Commissioners may require that the applicant supply a Title Insurance Certificate from a reputable company before any property is accepted by the Township.
(e) The submission to the Township of all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as the Pennsylvania Departments of Transportation and Environmental Resources and the Public Utility Commission, is required.
(Ord. 668. Passed 10-17-90.)
1232.08 FINANCIAL SECURITY GUARANTEES.
(a) In lieu of the completion of any improvements required as a condition for the final approval of a subdivision or land development plan, the applicant shall provide for the deposit of 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.
(b) In order to facilitate financing, the Board of Commissioners shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security.
(c) If financial security has been provided in lieu of the completion of improvements as a condition for the final approval of a plan, the Township shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements.
(d) The amount of financial security to be posted for the completion of the required improvements shall be equal to 110 percent of the cost of completion estimated as of ninety days following the date scheduled for completion by the developer. Annually, the 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 ninetieth day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals 110 percent. The amount shall be determined in accordance with Section 509 of the Pennsylvania Municipalities Planning Code.
(Ord. 668. Passed 10-17-90.)
1232.09 RELEASE FROM IMPROVEMENT BOND.
(a) When the developer has completed all of the necessary and appropriate improvements, the developer shall submit an “as built” plan of all such improvements, also indicating the location of all perimeter and street monuments, and notify the Board of Commissioners in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board of Commissioners shall, within ten days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Board of Commissioners, 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 thirty days after receipt by the Township Engineer of the aforesaid authorization from the Board of Commissioners. 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 Township Engineer, said report shall contain a statement of reasons for such non-approval or rejection.
(b) The Board of Commissioners shall notify the developer within fifteen days of receipt of the Engineer’s report, in writing by certified or registered mail, of the action of the Board of Commissioners with relation thereto.
(c) If the Board of Commissioners or Township Engineer fails to comply with the provisions of this section, then all improvements will be deemed to have been approved, and the developer shall be released from all liability, pursuant to its performance guarantee bond.
(d) In the event that any of the necessary and appropriate improvements have not been installed, constructed, or completed as provided in these Subdivision Regulations or as proposed on the final plan, the Board of Commissioners of Aston Township is hereby ranted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. The Township may take legal action to secure all necessary equity from the developer to install, repair, or correct any unacceptable improvements provided by the developer. This shall be in accordance with Section 510 of the Pennsylvania Municipalities Planning Code.
(Ord. 668. Passed 10-17-90.)
1232.10 RECORDING OF THE FINAL PLAN.
(a) The developer shall, within ninety days of the final approval of a subdivision or land development plan, record such plan of in the Office of the Recorder Deeds in the Delaware County Court House.