§ 123-22. Agreements.

Every applicant for final plan approval or concurrent preliminary/final plan approval shall execute an agreement with the Township before the final plan is released by the Board of Supervisors and recorded. The agreement shall be approved by the Board of Supervisors and the Township Solicitor and shall specify the following, where applicable:

A. 

The applicant agrees to lay out and construct any and all improvements required as conditions of approval, including but not limited to streets, grading, paving, curbs, gutters, sidewalks, water mains, sanitary sewers, fire hydrants, storm sewers, erosion and sediment control measures, landscaping, buffers, open space areas, street signs, streetlights and traffic control devices in accordance with the preliminary plan as approved.

B. 

The applicant guarantees completion and maintenance of all improvements by means of financial security to the Township in compliance with the provisions of Article V of this Part 1.

C. 

The applicant agrees to tender a deed or deeds of dedication to the Township, or applicable jurisdiction, for such streets and for such easements for sanitary and storm sewers, drainage, sidewalks, manholes, inlets, pumping stations and other appurtenances to be constructed as public improvements, provided that the Township shall not accept dedication of such improvements except in accordance with § 123-62 of this Part 1.

D. 

Whenever an applicant proposes to establish a private street which is not offered for dedication and the use of a private street has been approved by the Township, the Board of Supervisors shall require the developer to submit an agreement with the Township on the private street(s) in accordance with § 123-30D(4) of this Part 1.

E. 

The applicant agrees to maintain, at the owner's cost, said streets, curbs, sidewalks, drainage facilities, water and sewer facilities, street signs, parks, monuments, fire hydrants, streetlighting, cap sewers and other improvements until the same are accepted or condemned by the Township for public use and, for a period of one year thereafter, to repair and reconstruct the same or any part of one of them when such repair or reconstruction shall be specified by the Board of Supervisors as necessary by reason of faulty construction, workmanship or materials and at or before acceptance of such improvements by the Township.

F. 

To install, or cause to be installed, at the owner's expense and without any cost to the Township for any part of such installation, streetlighting facilities on all streets within and abutting the subdivision.

G. 

To pay all costs, charges or rates of the utility furnishing electric service for the lighting of the street on or abutting said subdivision, from the lights installed by the owner, until such times as the street shown on the subdivision plans shall be accepted as public streets of the Township by resolution, approved by the Court of Quarter Sessions, or condemnation proceedings, and to indemnify and save harmless the Township from and against any suit, actions, claims and demands for electric service to the streets shown on said plans, or any part thereof, to the time that said streets shall be accepted as public streets of the Township in the manner hereinabove set forth.

H. 

To pay the inspection fees required by the Township.

I. 

To obtain the easements and releases required when any street, drainage facility or other improvement wherein a subdivision abuts or traverses land of persons other than the person holding legal title to the lands of the subdivision at his own cost and obtain from the owner of the lands so abutted or traversed full releases from all damages which may change grade, construction or otherwise of the street, drainage facility or other improvements, and such releases shall inure to the benefit not only of the owner of the subdivision but to the Township as well.

J. 

To promptly remove or cause to be removed snow from the streets as may be required for safe traverse of the streets prior to dedication.

K. 

To reimburse to the Township all reasonable fees of the Township Engineer, Township Solicitor and other consultants incurred by the Township for the review of any preliminary or final subdivision and/or land development plan within 30 days of submission of bills therefor to the applicant by the Township. Subject to the provisions of § 510(g) of the Municipalities Planning Code, no final approval of any subdivision and/or land development plan shall be given until all such fees have been paid in full.

[Amended 6-5-2003 by Ord. No. 486]

Editor's Note: See 53 P.S. § 10510(q).

L. 

Such other provisions as deemed necessary or desired by the Township Supervisors or Solicitor.