Township of Cranberry, PA
Butler County
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Table of Contents
Table of Contents
[Ord. 96-266, 5/2/1996; as amended by Ord. 97-283, 11/6/1997, § 1; and by Ord. 99-299, 11/23/1999, § 2]
1. 
No person proposing a subdivision shall proceed with any grading or improvements until the final application is approved by the Supervisors.
2. 
No person proposing a subdivision shall sell, transfer, lease or otherwise convey any lot, parcel or tract in a subdivision, or construct or commence the construction of any building in a subdivision, until the final application of the proposed subdivision is approved by the Supervisors and recorded in accordance with the provisions hereof.
3. 
For a subdivision or land development meeting the following criteria, the applicant may elect to combine the preliminary and final approval procedures for a combined approval process. All ordinance sections for preliminary and final approval shall still apply:
A. 
Residential subdivision of less than five lots, not including any multifamily development.
B. 
Commercial subdivision of less than three lots where no public or private street is proposed.
C. 
Commercial land development applications of not more than 75,000 square feet of gross floor area when all improvements are to be bonded and constructed at one time.
D. 
Commercial nonretail land development applications of not more than 200,000 square feet of gross floor area when all improvements are to be bonded and constructed at one time.
4. 
Every subdivision and land development shall meet every requirement of the Code.
5. 
Every subdivision and land development shall be in accordance with the laws of the county, the Commonwealth of Pennsylvania and the federal government.
6. 
Procedural Regulations. The Township Manager is authorized to publish procedural regulations to implement the procedural and substantive content of this chapter including, but not limited to, forms for applications for development.
7. 
Reports. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
8. 
Applicant's Burden to Comply with the Code. Every applicant shall have the burden to comply with the Code for every application for development. The Township shall provide every applicant with any initial report concerning compliance with the Code. Failure of any applicant to comply with discrepancies after the issuance of the initial report shall be grounds (reasons) for denial of the AFD.
9. 
For a subdivision or land development meeting the following criteria, the applicant shall be exempt from the preliminary and final approval process. However, applications meeting these criteria shall be subject to the approval process in Part 11 of the Zoning Ordinance [Chapter 27]. All standards of this chapter, the Zoning Ordinance [Chapter 27] and the Public and Private Improvements Code [Chapter 17] shall still apply:
A. 
Commercial land development for an initial addition to an existing nonresidential building or site, which is a "use by right" (in accordance with the Zoning Ordinance [Chapter 27] and which addition is less than 1,501 square feet and less than 50% of the gross building area or gross land area. Any subsequent land development for an addition to the same building or site shall be subject to the preliminary and final approval process unless the cumulative additions meet the criteria set forth herein.
[Ord. 96-266, 5/2/1996]
1. 
Purpose. Before submission of a preliminary application, the developer is strongly encouraged to have meetings with the Planning Advisory Commission and the Township to determine the feasibility, suitability and timing of the application. The intent of this step is for the developer to obtain information and guidance from the Township personnel before entering into any commitments or incurring substantial expenses with regard to the site and the plan preparation. All preapplication conferences shall be scheduled by the Township.[1]
[1]
Editor's Note: Amended at time of readoption of Code.
2. 
Scheduling. The request for a preapplication conference with the Planning Advisory Commission and preapplication conference submission shall be received and accepted by the Township at least seven days prior to the date of the Commission meeting.[2]
[2]
Editor's Note: Amended at time of readoption of Code.
3. 
Relationship to Formal Review Process. The submission of a preapplication conference submission shall not be deemed the beginning of the time period for review as prescribed by law. The preapplication conferences are intended to be advisory only and shall not bind the Township to approve any application for development.
[Ord. 96-266, 5/2/1996; as amended by Ord. 2010-403, 10/7/2010]
The official filing date for all applications for development shall be the date of the regular Planning Advisory Commission meeting next following the date the complete application for development including payment of the applicable filing fee, provided that should the said next regular meeting occur more than 30 days following the filing of the application for development, the official filing date shall be the thirtieth day following the day the complete application for development is filed.
[Ord. 96-266, 5/2/1996]
1. 
Required. A preliminary application is required for all subdivisions and land developments except those exempted under the provisions of § 22-301.3 of this chapter.
2. 
Planning Agency Authority. The Planning Advisory Commission shall review all preliminary applications.
[Amended by Ord. 2010-403, 10/7/2010]
3. 
Application Submission. All preliminary applications shall be submitted to the Township on any business day during regular business hours. In order to be considered at a Planning Advisory Commission meeting, the complete preliminary application must have been received and accepted by the Township at least 15 working days prior to the Planning Advisory Commission meeting.
[Amended by Ord. 2006-367, 3/2/2006, § 1; and by Ord. 2010-403, 10/7/2010]
4. 
Determination of Acceptance/Rejection as Incomplete. Within seven working days after a preliminary application is submitted, the Township shall certify the preliminary application as substantially complete and accepted or incomplete and rejected. Within said time, the Township shall notify the applicant in writing if the preliminary application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.
5. 
Deemed Acceptance. Failure of the Township to make a determination of acceptance/rejection shall result in deemed acceptance of the preliminary application for processing. However, deemed acceptance for processing shall not constitute a waiver of any deficiencies in the preliminary application or approval of the preliminary application.
6. 
Distribution. The applicant shall distribute the appropriate number of copies of the preliminary application as required by the review agency within 30 days from the date the preliminary application was filed and accepted by the Township to each of the following:
A. 
Butler County Planning Commission.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 6B, Cranberry Township Municipal Sewer and Water Authority, was repealed by Ord. 2010-403, 10/7/2010.
C. 
Any municipal, county and state agencies as applicable and as requested by the Planning Advisory Commission or the Supervisors.
[Amended by Ord. 2010-403, 10/7/2010]
7. 
Review by Planning Advisory Commission. The Planning Advisory Commission shall review all preliminary applications at a public meeting. In its review, the Planning Advisory Commission shall consider the report of the staff, Township Engineer and all review agencies. The Planning Advisory Commission shall make a written recommendation to the Supervisors for approval, approval subject to conditions, or disapproval of the preliminary application setting forth the reasons for the recommendations.
[Amended by Ord. 2010-403, 10/7/2010]
8. 
Public Hearing. Before action is taken on a preliminary application, the Planning Advisory Commission or the Supervisors may hold a public hearing thereon after public notice.
[Amended by Ord. 2010-403, 10/7/2010]
9. 
Decision.
A. 
Authority. The Supervisors shall act on all preliminary applications.
B. 
Decision Deadline. Not later than 90 days after the official filing date, the Supervisors shall render a decision on the preliminary application. All decisions shall be made at a public meeting.
C. 
Extension of Deadline. The applicant may agree in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision.
D. 
Actions. The Supervisors shall take one of the following actions:
(1) 
Approve the preliminary application.
(2) 
Approve the preliminary application with conditions.
[Amended by Ord. 2014-445, 6/5/2014]
(3) 
Disapprove the preliminary application on the basis that it does not comply with specific standards and regulations set forth in this Code.
10. 
General Standards for Review of Preliminary Applications. The Supervisors shall approve the preliminary application if the preliminary application complies with the standards and regulations set forth in this chapter.
11. 
Notification of Decision. The decision of the Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to the applicant's last known address not later than 15 days following the decision. If the decision is disapproval, the written notification shall specify all defects in the application and shall cite with section numbers the provisions of this chapter or the Code that have not been satisfied.
12. 
Effect of Approval. After approval of a preliminary application, the preliminary plat shall be entitled to the protections afforded by § 508(4) of the MPC, 53 P.S. § 10508(4).
[Ord. 96-266, 5/2/1996]
1. 
Required. A final application is required for all subdivisions and land developments.
2. 
Final Application Submission and Types.
A. 
Filing Date. All final applications shall be submitted to the Township on any business day during regular business hours. A final applications shall be submitted within five years of granting of preliminary approval or in accordance with the phasing plan approved by the Township. In order to be considered at a Planning Advisory Commission meeting, the complete final application must have been received and accepted by the Township at least 15 working days prior to the Planning Advisory Commission meeting.
[Amended by Ord. 2006-367, 3/2/2006, § 2[1]]
[1]
Editor's Note: Amended at time of readoption of Code.
B. 
Types. The applicant shall request one of the following types of approval:
(1) 
Approval for recording with provision of an improvement security to guarantee satisfactory completion of required improvements, if any.
(2) 
Approval for construction of required improvements with extension of time for delayed approval for recording following satisfactory completion of required improvements.
3. 
Determination of Acceptance/Rejection as Incomplete. Within seven working days after a final application is submitted, the Township shall certify the final application as substantially complete and accepted or incomplete and rejected. Within said time, the Township shall notify the applicant in writing that the final application is incomplete and rejected, stating the deficiencies in the final application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.
4. 
Deemed Acceptance. Failure of the Township to make a determination of acceptance/rejection shall result in deemed acceptance of the final application for processing. However, deemed acceptance for processing shall not constitute a waiver of any deficiencies in the final application or approval of the final application.
5. 
Distribution. The applicant shall distribute the appropriate number of copies of the final application as required by the review agency within 30 days from the date the final application was filed and accepted by the Township to each of the following:
A. 
County Planning Commission.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection 5B, Cranberry Township Municipal Sewer and Water Authority, was repealed at time of readoption of Code.
C. 
Any municipal, county and state agencies as applicable and as requested by the Planning Advisory Commission or the Supervisors.[3]
[3]
Editor's Note: Amended at time of readoption of Code.
6. 
Review by Planning Advisory Commission. The Planning Advisory Commission shall review all final applications. The Planning Advisory Commission shall review the final application at a public meeting. In its review, the Planning Advisory Commission shall consider the reports of the Township Engineer and all review agencies. The Planning Advisory Commission shall make a written recommendation to the Supervisors for approval, approval subject to conditions, or disapproval of the application. The Planning Advisory Commission shall set forth the reasons for its recommendations.[4]
[4]
Editor's Note: Amended at time of readoption of Code.
7. 
Decision.
A. 
Authority. The Supervisors shall act on all final applications. The Supervisors shall render a decision at a public meeting.
B. 
Revised Final Applications. After the review of the final application by the Planning Advisory Commission, six copies of the final application, which may be revised as recommended by the Planning Advisory Commission, shall be submitted to the Township and shall be forwarded to the Supervisors. The Supervisors shall consider the final application at its next regular meeting, provided the copies of the final application are submitted to the Township no later than 10 working days before the meeting date. If the revised final application has substantial revisions from the revisions recommended by the Planning Advisory Commission, the Supervisors may refer the revised final application to the Planning Advisory Commission for review and recommendation.[5]
[5]
Editor's Note: Amended at time of readoption of Code.
C. 
Decision Deadline. Not later than 90 days after the official filing date, the Supervisors shall render a decision on the final application for recording or for construction with delayed approval for recording.
D. 
Extension of Deadline. The applicant may agree in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision.
E. 
Actions on Final Applications for Recording. The Supervisors shall take one of the following actions:
(1) 
Approve the final application.
(2) 
Approve the final application with conditions.
(3) 
Disapprove the final application on the basis that it does not comply with specific standards and regulation set forth in the Code.
F. 
Actions on final applications for construction of required improvements with delayed recording pending satisfactory completion of required improvements.
(1) 
The Supervisors shall take one of the following actions:
(a) 
Approve the final application for construction with approval for recording delayed for one year, or any extension granted by the Supervisors pending the satisfactory completion of required improvements and compliance with requirements for approval of improvements.
(b) 
Approve the final application for construction as in Subsection .7.F(1) with conditions.
(c) 
Disapprove the final application on the basis that it does not comply with specific standards and regulations set forth in the Code.
(2) 
Following completion of all procedures for approval of required improvements in accordance with § 22-310, the applicant shall submit a written request to the Supervisors for final approval for recording. The request shall be considered by the Supervisors at the next regular meeting of the Supervisors, providing the request is received by the Supervisors no later than seven days before the meeting date. The Supervisors shall take one of the following actions:
(a) 
Approve the final application for recording.
(b) 
Approve the final application for recording with conditions.
(c) 
Disapprove the final application for recording on the basis that it does not comply with specific standards of the Code.
8. 
General Standards for Review of Final Applications. The Supervisors shall approve the final application if the final application complies with the standards and regulations set forth in this chapter and the preliminary plat approval. Approval for recording shall be granted only when the public and private improvements have been satisfactorily completed or when an improvement security shall be provided before release of the plat for recording.
9. 
Form of Final Application Approval. Final application approval shall be by resolution or ordinance of the Supervisors.
10. 
Improvement Security.
A. 
Amount. In lieu of the completion of any improvements required as a condition for the final approval, the Township shall require an improvement security in an amount equal to 110% of the cost of completion of improvements estimated as of 90 days following the date scheduled for completion by the developer.
B. 
Determination of Amount. The amount of improvement security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by an engineer and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown.
C. 
Resolution of Disputes Regarding Amount. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another engineer chosen mutually by the Township and the applicant or 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 Township and the applicant or developer.
D. 
Adjustment to Amount. Annually, the Township may adjust the amount of the improvement 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 said 110%. Any additional security shall be posted by the developer in accordance with this subsection. If the party posting the improvement security requires more than one year from the date of posting of the improvement security to complete the required improvements, the amount of improvement security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of the improvement 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 procedure.
E. 
Term. The term of the improvement security shall be for a period of one year from the date that the improvement security is posted.
F. 
Guarantees in Phased Development. In the case where development is projected over a period of years, the Supervisors may authorize submission of final plats 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.
11. 
Deeds of Dedication of Recreation Open Space or Recreation Fees. When required (see § 22-504), the final application shall include a deed of dedication of recreation open space and certificate of title in a form acceptable to the Township attorney or recreation fees in an amount determined in accordance with § 22-308.4 of this chapter. The recreation fees are payable prior to release of the final plat for recording or in accordance with a payment schedule approved by the Supervisors and made a condition of the final approval.
12. 
Notification of Decision. The decision of the Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to the applicant's last known address not later than 15 days following the decision. If the decision is disapproval, the written notification shall specify all defects in the final application and shall cite with Section numbers the provisions of this chapter that have not been satisfied.
13. 
Compliance with Conditions of Approval/Municipal Signatures. The applicant shall comply with all conditions of approval, including construction of required improvements or providing an improvement security, before the proper Township officials execute the certifications on the final plat. When the conditions of the final approval have been meet, the proper officers of the Township shall sign the final plat for recording and shall affix the Township seal.
14. 
Effect of Approval. Final approval of a subdivision and land development plan shall be effective for one year from the date of the Supervisors approval. During this period, the applicant shall meet all conditions of approval, if any. Final approval shall further be effective for 90 days from the effective date of approval. During this period, the applicant shall record the plat as provided in § 22-307, recording of final plat. After the final plat is recorded, the plan shall be entitled to the protections afforded by § 508(4) of the MPC, 53 P.S. § 10508(4).
[Ord. 96-266, 5/2/1996]
1. 
Permitted. The applicant may construct a subdivision or land development in separate phases over time in accordance with the standards for phased development set forth in § 22-605.
2. 
Schedules for Final Application Submissions and Modifications Thereto. Where the applicant anticipates that he will not submit final applications for one or more phases of the overall development as depicted on the preliminary plat within five years of the date of preliminary plat approval, he shall file with his preliminary application a schedule delineating all proposed phases as well as intended dates for filing final applications for each phase. The applicant shall update such schedules annually on or before the anniversary of the preliminary plat approval until such time as the Supervisors have granted final plat approval for the final phase of the overall development as depicted on the preliminary plat. Any modification in the aforesaid schedule shall be subject to the approval of the Supervisors in its sole discretion.
3. 
Modification of Phasing. Any phase that does not comply with the preliminary plat approved by the Supervisors will require complete resubmission of the preliminary application.
[Ord. 96-266, 5/2/1996]
1. 
Time for Recording. Within one year after the date of the final approval for recording by the Supervisors, the developer shall comply with all conditions of approval. If all conditions of final approval are met, the Township shall execute the final plat. Within 90 days after the execution of the final plat, the Township shall record the final plat in the Office of the Recorder of Deeds of the county.
2. 
Effect of Final Plat Recording on Official Map. After a final plat has been approved and recorded as provided in this chapter, all public streets and public grounds on such plan shall be and become a part of the official map of the Township, if any, without public hearing.
3. 
Effect on Acceptance of Public Improvements. Until final acceptance by resolution or ordinance, no property or other public Improvements shown on the recorded final plat shall be deemed a part of the public Improvements of the Township, but the same shall be deemed to be private until and unless the same have been completed in accordance with this chapter and accepted in accordance with law.
4. 
Effect on Building Construction. No building permit shall be issued in any recorded plat, unless and until one copy of the reproducible mylar with all required signatures is filed with the County Recorder of Deeds, one copy is on file with the Township and the third copy returned to the applicant. In addition, all required financial security must be in place and acceptable to the Township for form and amount.
5. 
Digital Copy of Plat for Recording. In addition to the plat prepared for recording, the applicant shall submit a computer-readable file in the form specified by the Township which shall provide a true and complete display of the final plat for recording including all information contained on the finally approved plan except for the surveyor's seal or signature. The computer readable file shall be submitted at the same time that the plat is submitted for recording if it is requested by the Township.
[Ord. 96-266, 5/2/1996; as amended by Ord. 97-283, 11/6/1997, §§ 3, 4]
1. 
Fees for Review. The Supervisors shall establish, by resolution, a schedule of fees for applications for development, for the Township's review of the materials in connection therewith which are to be provided to the Township under the provisions of this chapter including, but not limited to, the payment of fees charged by the Township's professional consultants for their review. Such resolution shall be duly recorded in the Resolution Book of the Township, and such fee schedule shall be reproduced and made available upon request at the Township Building. The resolution providing for the various fees shall be periodically reviewed and amended, when necessary, by resolution of the Supervisors. Any approvals for the issuance of any permits under this chapter shall be contingent upon the payment of the proper fees as established by the resolution and the fee schedule.
A. 
When Review Fees are Disputed. In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Township that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
B. 
Review Fee Dispute Resolution. In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution set forth in MPC § 510(g), 53 P.S. § 10510(g).
2. 
Fees for Inspection of Required Improvements. The Supervisors shall establish, by resolution, a schedule of fees for the Township's inspection of improvements required under the provisions of this chapter including, but not limited to, the payment of fees charged by the Township's professional consultants for their inspection. Such resolution shall be duly recorded in the Resolution Book of the Township, and such fee schedule shall be reproduced and made available upon request at the Township building. The resolution providing for the various fees shall be periodically reviewed and amended, when necessary, by resolution of the Supervisors. The release, in whole or in part, of any financial security posted in connection with such improvements and, if applicable, the acceptance of such improvements by the Township shall be contingent upon the payment of the proper fees as established by the resolution and the fee schedule.
A. 
When Inspection Fees are Disputed. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the billing date, notify the Township that such expenses are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.
B. 
Dispute Resolution. If within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution set forth in MPC § 510(g), 53 P.S. § 10510(g).
3. 
Criteria for Fees. Review and inspection fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or consultant for similar services in the Township, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.
4. 
Recreation Fees.
A. 
The Supervisors shall establish by resolution or ordinance a recreation fee schedule.
B. 
When a recreation fee is required, final approval of a final application shall be conditioned upon the execution of an agreement between the Township and the applicant, on a form provided by the Township, providing for payment of the recreation fee at the time of issuance of a building permit for development pursuant to the final plat as approved, or the applicant shall pay the recreation fees prior to release of the final plat for recording.
C. 
The Township Manager shall establish the recreation fees fund. Recreation fees shall be deposited into the recreation fees fund. The recreation fees fund shall be used solely for the purpose of providing land and facilities for recreation uses in the Township.
D. 
Refunds. Upon request of any person who paid any fee under this Section, the Township shall refund such fee, plus interest accumulated thereon from the date of payment, if the Township had failed to utilize the fee paid for the purposes set forth in the Pennsylvania Municipalities Planning Code within three years from the date such fee was paid. If the Township does not use the recreation fees to provide land and facilities for recreation use within three years from the date of receipt of the recreation fees, then, upon receipt of a written request from the payer who paid the recreation fees, the Township shall refund the recreation fees plus interest earned from the date of payment approved, or the applicant shall pay the recreation fees prior to release of the final plat for recording.
5. 
Impact Fee under Township Transportation Improvement Program Amendment. See § 22-606.1.
6. 
Fees Pursuant to Other Chapters of this Code. Fees pursuant to this chapter of the Code shall not relieve the applicant or developer of fees pursuant to other applicable chapters of this Code; however, the Township shall not charge an applicant or developer more than once for the same service, permit or approval.
[Ord. 96-266, 5/2/1996]
1. 
From time to time, during the installation of the required public and private improvements, the developer may request partial release of the improvement security in an amount necessary for payment of contractors performing the work. Any such request shall be in writing and shall be addressed to the Supervisors. The Supervisors shall have 45 days from the receipt of such request to allow the Township Engineer to certify, in writing, that such portion of the installation of public improvements has been completed in accordance with the requirements of this chapter and the approved final plat.
2. 
Upon such certification by the Township Engineer, the Supervisors shall authorize release of an amount as estimated by the Township Engineer which fairly represents the value of the improvements completed. The Supervisors may require retention of 10% of the estimated cost of such improvements until such time as all improvements have been installed and the improvement security is released in its entirety.
3. 
If the Supervisors fail to act within the forty-five-day period, the Supervisors shall be deemed to have approved the release of funds as requested.
[Ord. 96-266, 5/2/1996]
1. 
Notice of Completion.
A. 
When the developer has completed the required public improvements and the private improvements in a plan for which an improvement security is required, the developer shall notify the Township, in writing, by certified or registered mail and shall send a copy of such notice to the Township Engineer. Upon completion of the public improvements in a plan, as-built plans and profiles of the public improvements, as constructed, shall be submitted to the Township by the developer with the notice of completion.
B. 
Within 10 days of the receipt of such notification, the Township shall authorize the Township Engineer to inspect the aforesaid improvements.
C. 
Township Engineer's Report. Upon authorization by the Township, the Township Engineer shall perform a final inspection of the public and private improvements in the plan. Within 30 days of receiving the authorization from the Supervisors, the Township Engineer shall file a report, in writing, with the Supervisors indicating approval or rejection of the public improvements, either in whole or in part, and in the case of rejection, shall provide a statement of the reasons for such rejection. The Township Engineer shall also report regarding completion of private improvements which have been bonded in accordance with applicable ordinance requirements and conditions of approval, if any.
D. 
Notification to Developer. Within 15 days of receipt of the Township Engineer's report, the Township shall notify the developer, in writing, by certified mail, of the action of the Supervisors with relation to approval or rejection of the public improvements, as well as the completion, in accordance with the specifications shown on the approved plan, of any private improvements for which an improvement security has been required.
E. 
Failure of Township to Comply. If the Supervisors or the Township Engineer fails to comply with the time limitation provisions contained in this chapter, all public and private improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to the improvement security posted with the Township.
F. 
Completion of Rejected Improvements. If any portion of the public or private improvements shall not be approved or shall be rejected by the Supervisors, the developer shall proceed to make the required corrections or additions, and, upon completion, the same procedure of notification, inspection and approval as outlined in this chapter shall be followed.
G. 
Developer's Rights. Nothing in this chapter, however, shall be construed to limit the developers right to contest or question, by legal proceedings or otherwise, any determination of the Supervisors or the Township Engineer.
[Ord. 96-266, 5/2/1996]
In the event that the public and private improvements required to be installed by the provisions of this chapter are not installed in accordance with the requirements of this chapter or the final plat prior to the expiration of the improvement security, the Township shall have the power to enforce the improvement security by appropriate legal and equitable remedies provided by the laws of the Commonwealth of Pennsylvania. If proceeds from the improvement security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements guaranteed by such improvement security, the Township may, at its option, install part of the public improvements in all or part of the subdivision or land development and 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 improvement security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements guaranteed by such improvement security and not for any other municipal purpose.
[Ord. 96-266, 5/2/1996]
1. 
Following completion of all or some of the required public improvements in a plan and prior to the acceptance by the Township of the dedication of those required public improvements, the Supervisors shall require posting of a maintenance security, as defined by this chapter, to secure the structural integrity of the improvements and to guarantee the proper functioning of those improvements in accordance with the design standards of this chapter and the Public and Private Improvements Code [Chapter 17].
2. 
The term of the maintenance security shall be for a period of 18 months from the date of acceptance of the improvements by the Supervisors. The amount of the maintenance security shall be 15% of the actual cost of installation of the improvements.
[Ord. 96-266, 5/2/1996]
1. 
Upon completion of the inspection and approval of the public improvements, the developer shall submit a request to the Supervisors, in writing, to accept the dedication of the public improvements. The request for acceptance shall include deeds of dedication and all other legal descriptive documents necessary to prepare a resolution or ordinance and shall be submitted at least 10 days prior to the regular meeting of the Supervisors. At the regular meeting, the Supervisors shall enact a resolution or ordinance accepting the public improvements as part of the Township's public facilities, subject to the posting of the maintenance security required by § 22-312 of this chapter.
2. 
No property or public improvement shown on a final plat shall be considered to have been finally accepted by the Township until the dedication thereof has been officially accepted by adoption of a resolution or ordinance of the Township, duly enacted and advertised in accordance with law. Approval of public improvements under § 22-310 shall not constitute acceptance of public improvements under this Section.
[Ord. 96-266, 5/2/1996]
Approval of private improvements for which an improvement security has been required and final release of that improvement security shall indicate compliance with the specifications shown on the approved plan, however, shall not imply approval by the Township of the method of construction or structural integrity of the private improvements beyond that which is shown on the approved plan, nor shall there be any liability associated with or responsibility for maintenance of those improvements by the Township. The developer shall not be required to post a maintenance security for private improvements.
[Ord. 96-266, 5/2/1996]
Prior to the end of the eighteen-month period when the maintenance security expires and before the maintenance security is released, the Township Engineer shall make a final inspection and certify in writing to the Supervisors that all the public improvements are in good order. If any repairs are required or maintenance needed, the subdivider shall be notified in writing, and such repairs or maintenance shall be done and approved prior to certification by the Township Engineer.