A.
Application fees.
(1)
The Board of Commissioners shall authorize an application
and escrow fee schedule by resolution for the purpose of listing the
required application fee for each plan submission type defined by
this chapter.
(2)
An application for subdivision or land development
shall be deemed by the receiving official to be incomplete, and no
reviewing action shall take place unless all required fees are paid
by the applicant or his/her agent to the Township of Abington at the
time of plan submission.
(3)
The applicant or his/her agent shall be required to
submit to the receiving official at the time of plan submission a
check drawn to the Montgomery County Treasurer in the amount sufficient
to cover the established review costs by the Montgomery County Planning
Commission.
(4)
The applicant or his/her agent shall be required to
submit additional fees, together with application materials, for plan
reviews and permits to any additional governmental agencies or authorities
required by the Township Engineer or Zoning Official for the complete
review of the subdivision or land development application, as described
in this chapter.
B.
Escrow fees.
(1)
The Board of Commissioners shall establish a fee schedule
by resolution for the purpose of listing the required escrow review
fee for each plan submission type defined by this chapter and to guarantee
payment of costs and expenses incurred by the township in the review
and consideration of an application for subdivision or land development.
(2)
An application for subdivision or land development
shall be deemed by the receiving official to be incomplete and no
reviewing action shall take place unless all established escrow review
fees are paid by the applicant or his/her agent to the Township of
Abington at the time of plan submission.
(3)
The township official receiving the escrow fund money
shall, by copy of the plan application form and transfer of check,
promptly advise the Township Accounting Department to establish such
accounts, specific to the application submitted.
(4)
The applicant or his/her agent shall, upon demand
by the designated township official, reimburse the township from such
escrow for the reasonable and necessary professional expenses incurred
by the township in the review and approval process of the application
and plan submitted pursuant to this chapter. Such expenses shall include,
but not be limited to:
(a)
Fees for the services of the Township Engineer
related to the review and consideration of the plan.
(b)
Fees for the services of the Township Solicitor
related to the review and decision process of the application.
(c)
Advertising costs incurred through the review
and decision process.
(d)
The cost for engineering and traffic surveys,
professional certifications and other services deemed necessary by
the Board of Commissioners in reviewing the plan, including the services
of a professional planner.
(e)
Recording fees (if any are incurred by the township).
(f)
Administrative charges of 15% of the total costs
incurred above.
(5)
The escrow fund shall, upon demand by the designated
township official, be replenished by the applicant or his/her agent
when it has been drawn to within 10% of its initial amount and a decision
has not been rendered on the plan by the Board of Commissioners or
upon submission of any revised subdivision or land development plan.
C.
Refund of fees.
(1)
If an application is disapproved by the governing
body, no refund of the application fee shall be provided. Any unused
portion of the escrow deposit money, together with accumulated interest,
shall be returned to the applicant by the designated township official
within 45 days of the applicant's receipt of disapproval, along with
an accounting of expenses incurred in the review process.
(2)
If an application is approved by the governing body,
any unused portion of the escrow deposit money, together with accumulated
interest, may be returned to the applicant by the designated township
official within 45 days of the recording of the plan, provided that
the applicant submits a written request to the township for the return
of escrow funds. The applicant shall be entitled to an accounting
of expenses incurred in the review of the application from the designated
township official. In the event that such a written request is not
received, the township shall continue to hold any balance remaining
in the escrow account for application toward anticipated inspection
services.
D.
Inspection fees.
(1)
The Board of Commissioners shall establish an inspection
fee schedule by resolution for the purpose of listing the required
inspection escrow fees to be applied toward inspection of the required
public improvements.
(2)
Such escrow money shall be collected by the Township
Engineer prior to the recording of an approved final plan for subdivision
or land development, the posting of required improvement surety by
the applicant and the issuance of a construction permit. Where applicable,
credit toward these fees shall be provided to the applicant for any
money remaining in the review escrow established during plan review.
(3)
The applicant or his/her agent shall, upon demand
by the Township Engineer and approval of the Board of Commissioners,
reimburse the township from such escrow for the expenses incurred
by it in the inspection of the construction and acceptance of improvements
set forth within the recorded plan. Such expenses shall include, but
not be limited to:
(a)
Township Engineer inspection services.
(b)
Consulting engineering services.
(c)
The actual costs of all drainage, sewage, soil,
water and other material testing services.
(d)
Legal fees, advertising fees, recording fees
and other costs involved with the acceptance and dedication of streets,
easements, utilities and other public improvements to the township.
(e)
Administrative fees of 15%.
(4)
The escrow fund shall, upon demand by the designated
township official, be replenished by the applicant or his/her agent
when it has been drawn to within 10% of its initial amount and the
dedication process has not commenced.
(5)
When the public improvements are accepted by the Board
of Commissioners, any unused portion of the escrow inspection money,
together with accumulated interest, shall be returned to the applicant
by the designated township official within 45 days of the release
of the maintenance bond. The applicant shall be entitled to an accounting
of the inspection expenses incurred during construction and acceptance
of the public improvements. The application fee is not refundable.
E.
Dispute of fee.
(1)
In the event that the applicant or subdivider/developer
disputes the amount of any escrow review fee or any engineering escrow
inspection fee, he/she shall, within 10 working days of the billing
date or date of notice of withdrawal by the township from his/her
designated escrow fund, notify the Township Manager that such expenses
are disputed as unreasonable and unnecessary. In such event, the township
shall not delay or disapprove a subdivision or land development application
or any approval or permit related to the development due to the applicant's
or subdivider/developer's request over disputed fees.
(2)
The process of disputed fees shall be resolved by
the Township Manager in the following manner:
(a)
Appointment of engineer. If, within 20 days
from the date of billing or the date of withdrawal notice, the township
and the applicant or subdivider/developer cannot agree on the amount
of expenses which are reasonable and necessary, then he/she and the
township shall jointly, by mutual agreement, appoint another professional
engineer licensed as such in the Commonwealth of Pennsylvania to review
said fees and make a determination as to the amount thereof which
is reasonable and necessary.
(b)
Decision of appointed engineer. The professional
engineer so appointed shall hear such evidence and review such documentation
as he, in his/her sole opinion, deems necessary and shall render a
decision within 50 days of the billing or withdrawal date. The party
requesting the resolution of disputed fees shall be required to pay
the entire amount determined in this decision immediately.
(c)
Appointment by Judge. In the event that the
township and the applicant or subdivider/developer cannot agree upon
the professional engineer to be appointed within 20 days of the billing
or withdrawal date, then, upon application of either party, the President
Judge of the Court of Common Pleas shall appoint such engineer who,
in that case, shall be neither the Township Engineer nor any professional
engineer who has been retained by or has performed services for the
Township of Abington or the applicant/subdivider/developer within
the preceding five-year period.
(d)
Payment of engineer's fee. The fee of the appointed
professional engineer for determining the reasonable and necessary
fees shall be paid by the party requesting the resolution of disputed
fees if the amount of payment required in the decision is equal to
or greater than the original bill amount. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the township shall pay the fee of the professional engineer,
but otherwise the township and the party requesting the resolution
of disputed fees shall each pay 1/2 of the fee of the appointed professional
engineer.
A.
Preliminary plan.
(1)
The Board of Commissioners shall approve a preliminary
plan of subdivision or land development, provided that:
(a)
The procedures for plan review as provided for
within this chapter have been properly executed.
(b)
Any variances, waivers or special exceptions
from the Township Zoning Ordinance have first been granted by the
Abington Township Zoning Hearing Board.
(c)
Any special plan reviews required by outside
governmental agencies have been performed to the satisfaction of the
Board of Commissioners or evidence to substantiate that they are satisfactorily
being conducted is demonstrated by the applicant.
(d)
The proposed subdivision or land development
conforms to the requirements of this chapter and all other applicable
codes of Abington Township to the satisfaction of the Board of Commissioners.
(e)
The proposed subdivision or land development
is consistent with the Comprehensive Plan as set forth by the Board
of Commissioners and preserves the health, safety and welfare of the
Township of Abington.
(2)
Phasing of developments. Where, owing to special conditions,
a literal enforcement of the requirements of this chapter upon an
entire subdivision or land development would result in an unnecessary
hardship on the applicant or subdivider/developer, the Board of Commissioners
may authorize phased development as a condition of preliminary plan
approval, provided that:
B.
Final plan approval.
(1)
The Board of Commissioners shall approve a final plan
of subdivision or land development, provided that all of the protections
and safeguards expressed for the approval of preliminary plans are
upheld.
(2)
Where applicable, the final plan must be based upon
the approved preliminary plan and any conditions expressed with that
approval. No plan shall be approved which, in the opinion of the Board
of Commissioners, deviates substantially from an approved preliminary
plan, including but not limited to changes in elements of density,
street configuration, layout and characteristic of lot lines, open
space, construction or use.
(3)
No plat for which public water is proposed shall be
finally approved until it has been established through written documentation
that service and capacity is available in the system being considered
for use.
(4)
No plat for which sewage disposal by means of a public
sewer system is proposed shall be approved until it has been established
through written documentation that service and capacity is available
in the sewerage system being considered. Further, the proposed sewage
treatment must be consistent with the adopted Act 537 Plan for Abington
Township or until appropriate revisions to the Act 537 Plan are implemented.
(5)
No plat for which on-site sewage disposal is proposed
shall be finally approved until a signed statement by the authorized
sewage enforcement office for the township has been received indicating
that such proposed lots are capable of providing on-site treatment.
(6)
Improvements.
(a)
No plat shall be finally approved unless the
construction permit and escrow fees have been applied for as required
by this chapter and until the streets shown on the plat have been
improved as required by this chapter and that any alleys, off-street
parking areas, walkways, curbs, gutters, streetlights, street signs,
fire hydrants, shade trees, water mains, sanitary sewers, storm sewer
system and drains, grading, easement areas, open space and other public
improvements as may be proposed under the plan or established as conditions
of plan approval have been installed in accordance with the provisions
of this chapter and inspected and approved by the Township Engineer.
(b)
Exception. In lieu of the completion of all
required improvements, the Board of Commissioners shall accept proper
completion guaranty in the form of, but not limited to, an irrevocable
letter of credit from a federal- or commonwealth-chartered lending
institution or restrictive escrow accounts with such institutions,
on the assurance that all of the required improvements will be subsequently
installed.
(7)
No final plan shall be considered fully approved by
the Board of Commissioners unless all prerequisites and requirements
for recording the plan have been fully executed by the applicant and
the township.
(8)
When deemed necessary by the Board of Commissioners,
because of the unique characteristics of the final plan and the nature
of the public improvements proposed, the township may require that
the subdivider/developer enter into a development improvement agreement
with the township as a condition of final approval.
A.
Improvements required.
(1)
No plat shall be finally approved unless the streets
shown on the plat have been improved as required by this chapter and
any alleys, off-street parking areas, walkways, curbs, gutters, streetlights,
street signs, fire hydrants, shade trees, water mains, sanitary sewers,
storm sewer systems and drains, grading, easement areas, open space
and other public improvements as may be proposed under the plan, or
established as conditions of plan approval, have been installed in
accordance with the provisions of this chapter and inspected and approved
by the Township Engineer.
(2)
Exception. In lieu of the completion of all required
improvements, the Board of Commissioners shall accept proper completion
guaranty when requested to do so by the developer.
B.
Completion guaranty.
(1)
Applicability.
(a)
When requested by the developer 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 plat contingent upon the developer obtaining a satisfactory
financial security.
(b)
The final plat or record plan shall not be signed
or recorded until the financial improvement agreement is executed.
(c)
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 Board of Commissioners. Such extension shall not
be unreasonably withheld and shall be placed in writing at the request
of the developer within 15 days following the decision by the Board
of Commissioners.
(2)
Financial security.
(b)
Conditions.
[1]
Such financial security shall be posted with
a bonding company or federal- or commonwealth-chartered lending institution
chosen by the party posting the financial security.
[2]
Such financial security shall secure to the
public the completion of any improvements which may be required within
one year of the date fixed in the subdivision plat for completion
of such improvements on or before the date fixed in the formal action
of approval or accompanying agreement for completion of the improvements.
(c)
Amount.
[1]
The cost of the improvements shall be established
by submission to the Board of Commissioners of bona fide bid or bids
from the contractor or contractors chosen by the party posting the
financial security to complete the improvements, or, in the absence
of such bona fide bids, the costs shall be established by estimate
prepared by the Township Engineer.
[2]
The amount of financial security required shall
be based upon an estimate of the cost of completion of the required
improvements, submitted by an applicant or the developer and prepared
by a professional engineer licensed as such in this commonwealth and
certified by such engineer to be a fair and reasonable estimate of
such cost.
[3]
The Board of Commissioners, upon the recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown. The procedure in event of dispute shall be as follows:
[a]
If the applicant or developer and
the municipality are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and chosen mutually by the municipality
and the applicant or developer.
[b]
The estimate certified by the third
engineer shall be presumed fair and reasonable and shall be the final
estimate.
[c]
In the event that a third engineer
is so chosen, fees for the services of said engineer shall be paid
equally by the municipality and the applicant or developer.
[4]
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.
(d)
Adjustment.
[1]
Annually, the municipality may adjust the amount
of 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.
[2]
Subsequent to said adjustment, the municipality
may require the developer to post additional security in order to
assure that the financial security equals the stated 110%.
[3]
Any additional security required shall be posted
by the developer in accordance with the provisions of this chapter.
[4]
If the party 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 referenced bidding procedure.
(3)
Reduction of completion guaranty.
(a)
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Board of Commissioners to release or authorize the release, from time
to time, such portions of the financial security necessary for payment
to the contractor or contractors performing the work.
(b)
Any such requests shall be in writing addressed
to the Board of Commissioners, and it shall have 45 days from the
receipt of such request within which to allow the Township Engineer
to certify, in writing, to the Board of Commissioners that such portion
of the work upon the improvements has been completed in accordance
with the approved plat.
(c)
Upon such certification, the Board of Commissioners
shall authorize release by the bonding company or lending institution
of an amount as estimated by the Township Engineer fairly representing
the value of the improvements completed.
(4)
Exception of township control. If water mains or sanitary
sewer lines, or both, along with apparatus or facilities related thereto,
are to be installed under the jurisdiction and pursuant to the rules
and regulation of a public utility or municipal authority separate
and distinct for the municipality, 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
and shall not be included within the financial security as otherwise
required by this section.
A.
After a subdivision or land development plan has been
approved and duly recorded, streets, public open space and all other
public improvements shown thereon shall be considered a part of the
Official Map of Abington Township, without the need for a public hearing.
B.
Streets, public open space and other public improvements
shown on the recorded final plan may be offered for dedication to
the township by formal notation on the plan, or the owner may note
on the plan that such improvements have not been offered for dedication
to the township.
C.
Every street, public open space and other public improvement
shown on a subdivision or land development plan that is approved and
recorded as provided herein shall be deemed to be private streets,
open space and improvements until such time as the same has been offered
for dedication to the Township of Abington and accepted by resolution
and duly recorded for use as public streets, open space or other improvements.
D.
The recording of the plat shall not constitute grounds
for assessment increases until such time as lots are sold or improvements
are installed on the land included within the referenced plat.
A.
A final plan for subdivision or land development which
has been approved by the Board of Commissioners shall have no effect
upon the Official Map of Abington Township, nor shall any permits
be issued to implement any improvement, whether public or private,
unless and until the following requirements have been satisfied:
(1)
The applicant or subdivider/developer has executed
the plat affidavit on three linen copies and two paper copies by signing
the signature block as provided for on the record plan.
(2)
The applicant or subdivider/developer has submitted
three copies of the linen cloth record plan and two paper sets of
the approved final plan to the Township Zoning Official.
(3)
The Township Zoning Official has:
(a)
Reviewed the submission of documents for compliance
with the requirements of this chapter.
(b)
Verified that the submitted record plan is in
agreement with the final version approved by the Board of Commissioners,
together with any conditions expressed in the approval of the Board
of Commissioners or the Zoning Hearing Board if variances or special
exceptions have been granted.
(c)
Transmitted the submission to the Township Engineer.
(4)
The Township Engineer has:
(a)
Reviewed the submission for compliance with
the final approved plans and all engineering datum previously requested.
(b)
Inspected, approved and provided for the maintenance
of the public improvements, if any, according to the requirements
and specifications of this chapter, when such improvements have been
installed by the subdivider/developer in advance of final approval
or, when the exception to installation of the public improvements
has been exercised through the provision of a completion guaranty,
as provided in strict accordance with the provisions of this chapter,
instituted the following procedures:
[1]
Verification that the amount of financial security
expressed in the completion guaranty is in agreement with amounts
timely determined during the approval process.
[2]
Verification that the type of financial guaranty
provided is in a form acceptable to the township under provisions
expressed by law.
[3]
Verification that the financial security has
been provided to the township within the time period expressed by
law or by grant of written extension.
[4]
Verification that the financial security agreement
has been properly executed.
(c)
Transmitted the submission of documents to the
Township Manager in order to obtain the seals and signatures of township
officials as required.
B.
Township approval will then be evidenced by the execution
of the approval block by the designated township officials, as provided
for on the record plan; County Planning Commission approval is evidenced
by execution of the certification block; and a signed paper copy is
retained by the County Planning Commission.
C.
Subsequent to execution, the applicant or subdivider/developer
must, within 90 days of formal approval of the plan, record the final
plat in the office of the County Recorder of Deeds.
D.
The applicant or subdivider/developer shall provide
notice to the township that the final plan has been duly recorded
by returning two copies of the record linen plan bearing the County
Recording Seal with plan book and page number to the Township Engineer.
Upon receipt of the recorded plans, the Township Engineer shall:
E.
The applicant or subdivider/developer shall bear all
the expense of the recording process.
F.
If the final plan for subdivision or land development
is not recorded within the ninety-day period, the approval of the
plan shall lapse and become void. In this event, additional approval
would require the submission of a new plan application.
A.
Township construction permit.
(1)
Applicability. When a final plan for major subdivision
or major land development has been approved by the Board of Commissioners
and duly recorded, no construction or development of the parcels or
the public improvements involved shall commence prior to approval
and issuance of a construction permit by the Township Engineer.
(2)
Application procedure. The applicant or subdivider/land
developer shall submit the following to the Township Engineer:
(a)
Two complete paper copies of the final approved
improvement plan.
(b)
Two complete and appropriately signed applications
for a construction permit.
(c)
A check payable to the Township of Abington
for the cost of the construction permit application fee.
(d)
A check payable to the Township of Abington
for the cost of required engineering improvement inspection fees,
sufficient in amount as established by ordinance, minus any remaining
balance in the escrow application review fee account established at
the time of plan review.
(e)
Proof of insurance coverage and bonding.
(3)
Issuance. Provided that all required governmental
regulatory permits have been properly issued and all escrow surety
is in proper order and the plan has been duly recorded, the Township
Engineer shall issue the construction permit to the applicant.
(4)
Time requirements.
(a)
Not more than six months shall elapse between
approval of the final plan by the Board of Commissioners and the application
for construction permit. Failure to make application within the time
stated will necessitate the reapproval of the subdivision or land
development plan and a readjustment of the completion guaranty to
reflect the costs of the proposed improvements as of the date of reapproval
of the plan.
(b)
Exception. A written request for extension of
time to approve the construction permit may be submitted to the Township
Engineer, and, if approved by the Board of Commissioners, the extended
time shall apply.
(c)
If more than one year has elapsed since the
issuance of a construction permit and no improvements have been commenced
or if the improvements have been commenced and there has been no construction
activity performed for a period of one year or if the construction
improvements have not been completed within five years from the date
of issuance of the construction permit, the Board of Commissioners
shall require that, prior to any further construction, the subdivider/developer
shall submit a letter to the Township Engineer, stating the reasons
for the lack of construction and also a proposed schedule for completion
of the improvements. If the Board of Commissioners is satisfied with
the explanation and the proposed completion schedule or upon mutual
agreement of revised schedule, construction may continue based upon
the terms of the accepted schedule. If the Board of Commissioners
is of the opinion that the subdivider/developer has defaulted on the
construction of improvements, the township, acting with the advice
of the Township Solicitor, may utilize the completion guaranty to
effect completion.
B.
Other required permits.
(1)
General. When a final plan for subdivision or land
development has been approved by the Board of Commissioners and duly
recorded, no construction or development on the parcels involved shall
commence prior to:
(2)
Regulatory permits. The provisions of this chapter
shall apply to, but not be limited to, the following regulatory agencies:
(a)
The DER (Department of Environmental Resources):
[1]
Planning modules review: required for all sanitary
sewer revisions and supplements to the adopted Township Act 537 Sewage
Facilities Plan.
[2]
Water quality permit: required for construction
of sewage treatment facilities and industrial wastewater discharge.
[3]
Wastewater permit: required for installation
of all sewage treatment plants or pumping stations.
[4]
Earth disturbance permit: required for construction
activity disturbing 25 acres or more of land.
[5]
Wetlands permit: required for construction or
disturbance of all lands involving wetland encroachment.
[6]
Dams and waterways permit: required for construction,
disturbance or encroachment of all lands involving dams or watercourses
or their one-hundred-year floodway.
[7]
Right-of-way permit: required for access of
utility easements through public parks.
(b)
United States District Corps of Engineers: required
for construction, disturbance or encroachment of all lands involving
dams or watercourses.
(c)
Pennsylvania Department of Transportation highway
occupancy permit: required when construction abuts a state street
and access to the street is required and/or when stormwater discharge
may affect the abutting state highway. Montgomery County Public Works
Department - Roads and Bridges Division also has similar requirements
for county roads.
(d)
Montgomery County Soil Conservation District:
required for soil erosion control of construction activity disturbing
25 acres or more of land.
(e)
Federal Emergency Management Agency approval:
required for all construction proposed on land located in the floodway.
(3)
Septic system permit: required from the sewage enforcement
officer for the installation of on-site systems.
(4)
Township building permits: any structures, additions,
impervious surfaces, highway and waterway encroachments and other
improvements regulated by the township building, electrical, fire,
mechanical, plumbing and zoning codes.
A.
Preliminary inspections.
(1)
At least five days prior to commencing construction
of utilities and improvements or initial site grading, the subdivider/land
developer shall notify the Township Engineer in writing of the proposed
construction schedule.
(2)
No improvements shall be constructed during the period
from November 15 to April 1 of each year, unless the developer has
notified the Township Engineer of his/her specific intentions and
approval is granted by the Township Engineer.
(3)
During regular office hours, the developer shall notify
the Township Engineer 24 hours in advance of any construction to public
improvements which will require inspection by the Township Engineer.
(4)
The Township Engineer or his/her designated assistant
shall:
(a)
Inspect required improvements during the initial
construction phase, and on a periodic basis thereafter, as may be
required to ensure compliance with the requirements and standards
of this chapter.
(b)
Submit periodic reports to the Board of Commissioners
and the applicant, specifying those construction improvements, materials
and workmanship which do not comply with the township specifications
or the approved final plan.
(c)
Wherever necessary in his/her professional opinion,
require the developer to submit samples of materials, undertake test
borings or provide such professional information necessary to confirm
compliance with township specifications or the approved final plan.
(d)
When satisfied that various improvements have
been properly installed, prepare reports to the Board of Commissioners
for appropriate release of completion guaranty escrows or reduction
of credit, under terms further specified in this chapter.
(5)
The applicant, upon notification to the Township Engineer,
shall proceed, at his/her own expense, to make such corrections as
shall be required by the preliminary inspection findings and shall
notify the Township Engineer upon completion for additional inspection.
A.
Dedication of improvements.
(1)
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Board
of Commissioners of the completion of the aforesaid improvements and
shall submit the same to the Township Manager.
(2)
The notification provided shall be in writing and
sent by certified or registered mail.
(3)
The township shall, within 10 days after receipt of
such notice, authorize and direct the Township Engineer to inspect
all of the aforesaid improvements.
(4)
The Township Engineer shall thereupon file a report,
in writing, with the Board of Commissioners and shall mail a copy
of the same to the developer by certified or registered mail.
(a)
The report shall be mailed within 30 days after
receipt by the Township Engineer of the aforementioned authorization
from the Board of Commissioners.
(b)
The report shall be detailed and shall indicate
approval or rejection of said improvements, either in whole or in
part.
(c)
If said improvements or any portion thereof
shall not be approved by the Township Engineer, said report shall
contain a list of reasons for such disapproval, specifying those construction
items, materials and workmanship which do not comply with the township
specifications or final approved plan.
(d)
If said improvements shall be deemed to be approved
in entirety by the Township Engineer, said report shall indicate that
all items have been completed to the requirements of this chapter
and in accordance with the final plan, therein advising the Board
that the acceptance procedure for improvements may begin.
(5)
If any portion of said improvements shall not be approved
by the township, the developer shall promptly proceed to complete
the same, and, upon completion, the same procedure of notification,
as outlined within this section, shall be followed.
B.
Acceptance of improvements.
(1)
When the report of final inspection of public improvements
by the Township Engineer indicates approval of the completed improvements,
the applicant/subdivider/developer shall submit the following materials
to the Township Engineer:
(a)
A certificate from the developer's contractors
evidencing payment of all labor and material costs.
(b)
Two sets of dedication deeds, with descriptions,
for use in dedication documents.
(c)
Two complete sets of as-built opaque linens,
showing the location of the completed required improvements, including
profiles.
(d)
Two sets of as-built recording plans for use
in dedication recording and Pennsylvania Department of Transportation
mileage updating.
(e)
Title insurance (at his/her sole cost) on all
improvements being dedicated, insuring that the improvements are free
and clear of all liens.
(2)
The Board of Commissioners, upon satisfactory evidence
that the improvements have been properly completed and final acceptance
documents have been properly prepared and presented, shall then:
(a)
Vote to approve the subdivision or land development
plan, in such cases where the improvements have been properly installed
prior to final approval of the plan; or
(b)
Evaluate the request from the developer for
final release of the escrow completion guaranty, under terms and conditions
specified herein.
(3)
The Township Engineer shall then ensure that the following
has been satisfied:
(a)
That all inspection, engineering, legal and
administrative fees connected with the completion of improvements
have been paid.
(b)
That other extraneous costs connected with the
completion of improvements have been paid.
(c)
That financial security for the maintenance
of the improvements as described below has been posted.
(4)
The Board of Commissioners shall then:
(a)
Accept the public improvements by adoption of
a resolution.
(b)
Accept the deeds for the improvements and direct
that they be recorded with the Montgomery County Recorder of Deeds
and with the Township of Abington by the applicant or subdivider/developer,
at his/her sole expense.
(c)
Direct the Township Solicitor to authorize the
release of any remaining financial improvement guaranties, minus the
amount required for maintenance security as described herein.
(5)
The township shall have no responsibility with respect
to any street or other improvement, unless the street or other improvement
is accepted by resolution of the Board of Commissioners.
C.
Maintenance security.
(1)
When the Board of Commissioners accepts dedication
of all or some of the required improvements following completion,
the Board of Commissioners may require the posting of financial security
to secure the structural integrity of said improvements, as well as
the functioning of said improvements in accordance with the design
and specification as depicted on the final plat for a term not to
exceed 18 months from the date of acceptance of dedication.
(2)
The financial security shall be of the same type as
otherwise required in this article with regard to installation of
such improvements.
(3)
The amount of maintenance security shall not exceed
15% of the actual cost of installation of said improvements.
(4)
The maintenance security may be provided as a carry-over
from the financial improvement guaranty, if sufficient, as determined
by the Township Engineer, and at the conclusion of the maintenance
period shall be released according to the same conditions and terms
as the improvement completion guaranty described in this article.
