A.
Five-year rule. When an application for approval of a plat, whether
preliminary or final, has been approved or approved subject to conditions
acceptable to the applicant, no subsequent change or amendment in
the zoning, subdivision or other governing ordinance or plan shall
be applied to affect adversely the right of the applicant to commence
and to complete any aspect of the approved development in accordance
with the terms of such approval within five years from such approval.
Where final approval is preceded by preliminary approval, the five-year
period shall be counted from the date of the preliminary approval.
In the case of any doubt as to the terms of a preliminary approval,
the terms shall be construed in the light of the provisions of the
governing chapters or plans as they stood at the time when the application
for such approval was duly filed.
B.
Substantial completion rule. Where the landowner has substantially
completed the required improvements as depicted upon the final plat
within the aforesaid five-year limit, or any extension thereof as
may be granted by the governing body, no change of municipal ordinances
or plan enacted subsequent to the date of filing of the preliminary
plat shall modify or revoke any aspect of the approved final plat
pertaining to zoning classification or density, lot, building, street
or utility location.
C.
Schedule of work. In the case of a preliminary plat calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the landowner with the preliminary plat, delineating
all proposed sections as well as deadlines within which applications
for final plat approval of each section are intended to be filed.
Such schedule shall be updated annually by the applicant or before
the anniversary of the preliminary plat approval until final plat
approval of the final section has been granted, and any modification
in the aforesaid schedule shall be subject to approval of Council,
in its discretion.
D.
Failure to adhere to schedule. Failure of the landowner to adhere
to the aforesaid schedule of submission of final plats for the various
sections shall subject any such section to any and all changes in
zoning, subdivision and other governing ordinances enacted by the
Borough subsequent to the date of the initial preliminary plan submission.
Where a plan is given an approval with conditions, the applicant
shall provide a written acceptance of said conditions within 30 days
of the date on which the Borough provided required notice of approval
to the applicant. Failure of the applicant to provide such acceptance
within the aforesaid timeline shall result in an automatic rescinding
of the plan approval.
All major plans shall, upon final approval, require the execution
of a developer's agreement, prepared by or under the direction
of the Borough Solicitor and at a minimum containing the following
information. The plans shall be recorded at the Butler County Recorder
of Deeds at the expense of the developer before any permits are issued
on the site:
A.
All recording information relating to the subject site.
B.
Inclusion of approved land development plans as an attachment, where
applicable.
C.
All conditions applied by Council.
D.
Timeline of development related and referenced to the financial security
posted as remedy to the developer's failure to adhere to said
timeline and improvements.
E.
Assignment of the agreement's obligations to the developer's
heirs and assigns.
F.
Seal by a notary public, the Borough, and the developer's corporation,
where one exists.
G.
Reference to the certificate of completion required by this chapter.
H.
Requirement that covenants shall be recorded prior to the issuance
of building permits on the site.
I.
Where a record plat is not associated with the plan, a copy of the
proposed conditions plan shall be attached to the developer's
agreement.
J.
The agreement shall be produced in a format recordable at the Butler
County Recorder of Deeds.
No plat or developer's agreement shall be signed or released,
nor shall any permit be issued for related subdivisions or land developments,
unless all public and private improvements are installed or until
financial security is provided as follows.
A.
The developer may post a performance bond with a federal or commonwealth
chartered lending institution, irrevocable letters of credit, and
restrictive or escrow accounts in such lending institutions or other
forms of financial security acceptable to the Borough. Such other
forms shall be posted with a bonding company or federal or commonwealth
chartered lending institution chosen by the party posting the financial
security, provided said bonding company or lending institution is
authorized to conduct such business within the commonwealth.
B.
The performance bond shall guarantee construction prior to a date
also specified in the developer's agreement and through the plan
approval. The bond shall renew or guarantee the availability of funds
to the Borough at least until 30 days beyond said date.
C.
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. Annually, the Borough may adjust the
amount of the financial security by comparing the actual cost of the
improvements that have been completed and the estimated cost for the
completion of the remaining improvements as of the expiration of the
90th day after either the original date scheduled for completion or
a rescheduled date of completion. Subsequent to said adjustment, the
Borough may require the developer to post additional security in order
to assure that the financial security equals said 110%. The developer
shall post any additional security in accordance with this section.
D.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by an applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth, and certified by such engineer
to be a fair and reasonable estimate of such cost. The Borough, upon
the recommendation of the Municipal Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Borough are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and chosen mutually by the Borough
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 Borough
and the applicant or developer.
E.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
F.
In the case where development is projected over a period of years,
the Borough 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.
G.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Borough to release
or authorize the release, from time to time, of such portions of the
financial security necessary for payment to the contractor or contractors
performing the work. Any such requests shall be in writing addressed
to the Borough, and the Borough shall have 45 days from receipt of
such request within which to allow the Municipal Engineer to certify,
in writing, to the Borough that such portion of the work upon the
improvements has been completed in accordance with the approved plat.
Upon such certification, the Borough shall authorize release by the
bonding company or lending institution of an amount as estimated by
the Municipal Engineer fairly representing the value of the improvements
completed or, if the Borough fails to act within said forty-five-day
period, the Borough shall be deemed to have approved the release of
funds as requested. The Borough may, prior to final release at the
time of completion and certification by its Engineer, require retention
of 10% of the estimated cost of the aforesaid improvements.
A.
The developer shall submit two recordable Mylars to the Borough for
the application of all signatures and seals required, in a form as
approved by Council at final plan approval.
B.
Upon the completion of conditions specified in the approval, posting
of required bonding or construction of improvements, and execution
of the developer's agreement, the Borough may affix all signatures
to a plat. In the case where a recordable plat is signed, the Borough
shall require the deposit of an escrow to be released upon the delivery
of a recorded Mylar to the Borough. The escrow shall be determined
by resolution or ordinance and shall be sufficient to cover the costs
of obtaining a Mylar copy of the recorded document.
C.
Upon the approval of a final plat, within 90 days of such final approval
or 90 days after the date of delivery of an approved plat signed by
Council following completion of conditions imposed for such approval,
whichever is later, the developer shall record the plan at the Butler
County Recorder of Deeds. Failure to do so shall rescind approval.
The Plan Administrator shall, upon request of the applicant and filing
of any application fee required by the Borough via resolution or ordinance,
reinstate the signatures and final approval dates if said request
is made within an additional 90 days following the aforesaid deadline.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Borough, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the Borough Engineer.
The Borough shall, within 10 days after receipt of such notice, direct
and authorize the Borough Engineer to inspect all of the aforesaid
improvements. The Borough Engineer shall, thereupon, file a report,
in writing, with the Borough, 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 Borough
Engineer of the aforesaid authorization from Council; said report
shall be detailed and shall indicate approval or rejection of said
improvements, either in whole or in part, and if said improvements
or any portion thereof shall not be approved or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such rejection.
B.
Council, based upon the Borough Engineer's report, shall take
action to approve or reject, in whole or in part, the aforesaid improvements
and shall notify the developer within 15 days of receipt of the Engineer's
report, in writing, by certified or registered mail, of Council's
action with relation thereto.
C.
Failure of Council to act within the aforementioned timeline shall
constitute a deemed approval of the improvements.
D.
The Borough shall require the posting of a maintenance bond for all
public improvements, including recreational equipment, to be dedicated
to the Borough. The bond shall equal 15% of the accepted cost of construction
accepted by the Borough Engineer and developer and approved by Council
at final approval and shall be posted for a period of 18 months from
the date of acceptance of said improvements. The bond or bonds shall
be posted prior to the acceptance of any related public improvements.
A.
Where private improvements, excepting streets and related stormwater facilities, are approved, including but not limited to landscaping, private recreational facilities, the developer may separately post an amenities bond for the private improvements in the same manner and under the same criteria, requirements, and dispute resolution options afforded public improvements, outlined in § 240-36.
C.
Council, through the adoption of this chapter, authorizes the Borough Engineer to finally approve the release of said bonds. The Engineer shall provide a report in accordance with the timelines outlined in § 240-36, except that, where the report does not contain a final decision, said decision shall be mailed to the developer via certified or registered mail within 15 days of the mailing of said report.
Nothing in this article, however, shall be construed to limit
the developer's right to contest or question, by legal proceedings
or otherwise, any determination of Council or the Borough Engineer.
A.
All land developments shall require a certificate of completion prior
to the issuance of occupancy permits for establishments or dwelling
units therein.
B.
The developer shall submit a formal request, in writing, to the Borough
Manager.
C.
The Manager shall direct the Plan Administrator and Borough Engineer
to review the completeness of all improvements related thereto and
the fulfillment of any outstanding conditions imposed through Council's
conditional approval.
D.
Final acceptance of public improvements and private amenities shall
occur prior to the issuance of a certificate of completion.
E.
The Manager, based upon the reports of the Plan Administrator and
Borough Engineer, shall issue or deny the issuance of the certificate
of completion within 20 days of the submitted request.
A.
Upon completion of the public and/or private improvements in a plan,
as-built plans and profiles of the public and/or private improvements,
as constructed, shall be filed with the Plan Administrator by the
developer within 10 days of the mailing of the formal remittance accepting
the construction of public or private improvements. A sepia and print
of each as-built drawing for public improvements shall be submitted.
As-built plans and profiles shall be marked "as-built" and shall contain
the final grade of all sanitary and storm sewers and appurtenances.
B.
Additionally, as-built plans shall be submitted in a digital format,
as required by the Borough, in a manner formatted to State Plane,
1983 Datum.
C.
As-built drawings shall be submitted prior to the issuance of a certificate
of completion or Council's acceptance, by ordinance, of public
streets or recreational facilities.
