[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:
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:
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.
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:
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:
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.
