No plan shall be granted final approval unless
the streets, curbs, gutters, walkways, streetlights, water mains,
sanitary sewers, fire hydrants, storm sewers, stormwater detention
and/or retention basins, other related drainage facilities, shade
trees, buffer or screen plantings, recreational facilities, open space
improvements and other improvements as required by this chapter have
been installed in accordance with this chapter. In lieu of the completion
of any improvements required as a condition for final approval of
the plan, including improvements and fees required by this chapter,
the developer may deposit with the Township an amount as hereinafter
calculated to cover the costs of such required improvements or common
amenities, including, but not limited to, streets, curbs, gutters,
walkways, streetlights, water mains, sanitary sewers, fire hydrants,
storm sewers, stormwater detention and/or retention basins, other
related drainage facilities, shade trees, buffer or screen plantings,
recreational facilities, open space improvements and other required
improvements.
When requested by the developer to facilitate
financing, the Board of Supervisors shall furnish the developer with
a signed copy of a resolution indicating approval of the final plan
contingent upon the developer obtaining satisfactory financial security
and executing a development agreement. The final plan or record plan
shall not be signed nor recorded until the financial security is tendered
and a development agreement is executed. The resolution or letter
of contingent approval shall expire and be deemed to be revoked if
the financial security is not tendered and the development agreement
is not executed within 90 days of the date of the resolution or contingent
approval. The Board of Supervisors may, at its discretion, grant a
written extension which shall be placed in writing at the request
of the developer.
In addition to cash deposits and escrow accounts,
federal or commonwealth chartered lending institution irrevocable
letters of credit extending for a term of one year beyond completion
of all improvements and restrictive or escrow accounts in such lending
institution shall be deemed acceptable financial security for the
purposes of securing the completion of the required improvements.
Such financial security shall be posted with the Township by a bonding
company or federal or commonwealth chartered lending institution chosen
by the developer, provided that such bonding company or lending institution
is authorized to conduct business within the Commonwealth of Pennsylvania.
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.
(a)
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, and all administrative
and engineering inspections, fees, costs and expenses.
(b)
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 completion of
the remaining improvements as of the expiration of the 90 days 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 the 110% and administrative and
engineering costs as specified above. Any additional security shall
be posted by the developer.
(c)
The amount of required financial security shall be
based upon an estimate of the cost of completion and inspection of
the required improvements, submitted by an applicant or developer
and prepared by a professional engineer licensed as such in the commonwealth
and certified by such engineer to be a fair and reasonable estimate
of all such costs.
(d)
The Township, upon the recommendation of the Township
Engineer, may refuse to accept such estimate for good cause shown.
If the applicant or developer and the Township are not able to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in the commonwealth
and chosen mutually by the Township and the applicant or developer.
The estimate certified by the third engineer shall be presumed fair
and reasonable.
If the developer requires more than one year
from the date of positing 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 or portion thereof beyond
the first anniversary date from posting of financial security or to
an amount not exceeding 110% of the cost of completion and inspection
of the required improvements as reestablished on or about the expiration
of the preceding one-year period by using the procedure described
above.
In the case where development is projected over
a period of years, the Township may at its discretion authorize approval
of final plans by sections, stages or phases of development with the
understanding that no sale of lots and no work within the areas reserved
from development may commence until the required contracts are signed
and the financial security posted with respect to those areas reserved
from development. The Township shall also have the right to impose
additional requirements and conditions in connection with the phases
as they are approved so as to assure that each section or phase will
not be dependent for access or other improvement or common amenity
upon completion of improvements in a subsequent phase or stage.
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Board of Supervisors to release or authorize the release, from time
to time, of a portion of the financial security. Any such request
shall be in writing addressed to the Board of Supervisors, and the
Board of Supervisors shall have 45 days from receipt of such request
within which the Township Engineer shall certify, in writing, to the
Township whether such portion of the improvements has been completed
in accordance with the approved plan and applicable specifications.
Upon certification of completion, the Township 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 or, if the Township fails to act within said forty-five-day
period, the Township shall be deemed to have approved the release
of funds as requested.
The Township shall, prior to release at the
time of completion and certification by the Township Engineer, require
retention of 10% of the estimated cost of the required improvements.
(a)
The Board of Supervisors shall at its discretion accept
a part or all of the required improvements if satisfied that the applicant
has complied with the approved plan and all specifications and ordinances
of the Township.
(b)
The applicant shall furnish the Township with legal
descriptions for all roads and easements and two sets of reproducibles
or Mylars and three paper sets of prints of the completed required
improvements, including drainage, profiles and utilities, and shall
pay all costs for the Clerk of Courts and Recorder of Deeds of Montgomery
County regarding the petition and resolution of the Board of Supervisors
for its acceptance of the required improvements and any deed of dedication
for the same.
(c)
No road or other improvement will be accepted by the
Township during the period from October 1 to April 15 of each year.
For the dedication of streets and roads, the applicant shall meet
all PennDOT liquid fuels requirements and secure PennDOT approval
by October 1.
(d)
The developer shall submit as-built plans prior to
the dedication and/or acceptance of public improvements within the
subdivision or land development. The as-built plans shall include,
but not be limited to, the following information:
(1)
Drawings shall be large enough to clearly show
all required features, but at a scale not less than one inch equals
50 feet.
(2)
The following information shall be shown:
A.
Street cartways and widths, including curbs
and/or shoulders; rights-of-way with widths dimensioned and horizontal
and vertical curve data, transitions for the curbs and cartways, and
street grades along the center line.
B.
Sidewalks and bicycle paths, including widths
and all handicap ramps.
C.
Driveway locations and widths.
D.
Curbs with elevations on P.C. and P.T. at intersections.
E.
Street monuments with elevations.
F.
Public utility lines (gas, electric, cable,
telephone, etc.) or PA One Call Note.
G.
Location of all storm sewer manholes, inlets,
endwalls, storm sewers, including length of lines, size of lines,
slopes of lines, and top and invert elevation of each manhole, inlet
and endwall.
H.
Location of all water lines, service lines,
fire hydrants, valves, tees, fittings, including length of lines,
size of lines, depth of lines and size of valves.
I.
Location of all sanitary sewer manholes, sewer
mains, sewer laterals, pump stations, force mains, including length
of lines, size of lines, slope of lines, top and invert elevations
of each manhole, lateral lengths and depth of all lateral ends.
J.
Size (volume) by contours of detention basins.
K.
Type and elevations of basin outlets.
L.
Width and elevation of the basin emergency spillways.
M.
Width and elevation of the top of the basin
berms.
N.
Streetlights and signs.
O.
Street address for each lot.
(3)
As-built plans shall be prepared and sealed
by a registered professional engineer or land surveyor licensed in
the Commonwealth of Pennsylvania.
(4)
All public improvements which are required by
this chapter to be shown on the improvement construction plan shall
be provided on the as-built plans.
(5)
The Township, on the recommendation of the Township
Engineer, may require additional information, if deemed necessary.
(6)
The developer shall submit two sets of reproducibles
or Mylars and three sets of paper prints after the as-built plans
have been reviewed and approved.
(7)
At the discretion of the Board of Supervisors,
plans shall also be delivered to the Township on computer diskette
or compact disc in a software format as established by the Board.
Where the Township accepts dedication of all
or some of the required improvements following completion, the Township
shall require the posting of 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 shown
on the final plan. The maintenance period shall be 18 months from
the date of acceptance of dedication. The financial security shall
be of the same type as described previously in this chapter. The amount
of financial security for maintenance shall be 15% of the actual cost
of installation of said improvements.
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 regulations of
a public utility or municipal authority separate and distinct from
the Township, 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 the
Township.
(a)
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Township,
in writing, by certified or registered mail, of the completion of
the required improvements and shall send a copy thereof to the Township
Engineer. The Township shall, within 10 days after receipt of such
notice, direct and authorize the Township Engineer to inspect all
of the required improvements. The Township Engineer shall, thereupon,
file a report, in writing, with the Township 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 Township Engineer of the aforesaid authorization from the Township
and said report shall be detailed and shall indicate approval or rejection
of said improvements, or any portion thereof. If the improvements
are not approved or shall be rejected by the Township Engineer, said
report shall contain a statement of reasons for such nonapproval or
rejection. The Township 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 with relation thereto.
(b)
If the Township or the Township Engineer fails to
comply with the time limitation provisions contained within this chapter,
all improvements will be deemed to have been approved and the developer
shall be released from liability for installation, pursuant to its
performance guarantee bond, or other security agreement, but shall
be liable for and shall provide a maintenance guarantee as otherwise
provided for herein.
(c)
If any portion of said improvements shall not be approved
or shall be rejected by the Township, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification,
as outlined above, shall be followed.
The applicant shall reimburse the Township for
the reasonable and necessary expenses incurred for the inspection
of improvements. Fees shall be based on a fee schedule adopted by
resolution of the Board of Supervisors.
In the event that any required improvements
have not been installed as provided for in these regulations, or in
accordance with the approved final plan, the Township shall have the
power to enforce any corporate bond, or other security, by appropriate
legal and equitable remedies. If the 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,
the Township may, at its option, install part or all such improvements
in the subdivision or land development and may institute appropriate
legal action to recover the moneys necessary to complete the remainder
of the improvements.
In addition to the posting of security, the
developer shall be required to enter into a contract with the Township,
in a form acceptable to the Township Solicitor, covering the completion
of the required improvements. The contract shall also provide for
engineering inspections, insurance, reimbursement of expenses to the
Township, procedure upon default and other subjects deemed necessary
by the Township Solicitor to ensure proper and reasonable development
of the land.
The developer shall reimburse the Township for
all reasonable administrative and professional expenses, including,
but not limited to, engineering, legal and consultant fees. Prior
to the filing of a preliminary plan and prior to the filing of a final
plan, the developer shall pay to the Township the appropriate nonrefundable
filing fee and an escrow deposit to defray the professional expenses
incurred by the Township in accordance with the fee schedule adopted
by the Township Board of Supervisors. Thereafter, as the escrow deposit
for expenses is expended, the developer shall make further deposits
upon notice from the Township until approval of the plan. Upon approval
of the final plan, the Township shall forthwith refund to the developer
any uncommitted portion of the deposit remaining after expenses incurred
by the Township have been paid in full by the developer. There shall
be added to the engineering and legal fees required to be paid to
the Township by this article a percentage of these costs (in accordance
with the fee schedule adopted by the Township Board of Supervisors)
as reimbursement to the Township of the costs incurred by the Township
for the collection of such fees and the disbursement of the same to
the Township Engineer and Township Solicitor.
(a)
There shall be paid to the Township for those plans
approved by the Township prior to December 16, 1991, a sum to be used
as a contribution to capital improvements, including, but not limited
to, road improvements and emergency services (i.e., fire station,
fire equipment, ambulance service and station and/or land acquisition
for said facilities). The purpose of said contributions is to defray
the increased costs of improvements, services and equipment necessitated
by the impact of developments or subdivisions within the Township.
Said contributions shall be based upon a resolution of the Board of
Supervisors.
(b)
There is hereby established a capital improvement
fund account under the exclusive control of the Township into which
said contributions shall be deposited and, thereafter, from which
distribution shall be made.
All contributions due under this chapter shall
be paid prior to or concurrent with the time of final approval of
the subdivision and/or development.
