A.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be required by the Subdivision and Land
Development Ordinance, and any walkways, curbs, gutters, streetlights,
fire hydrants, shade trees, water mains, sanitary sewers, storm sewers
and other improvements as may be required by the Subdivision and Land
Development Ordinance have been installed in accordance with such
ordinance. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees required to pursuant to Act 247, Section 509(i), the deposit
with Brecknock Township of financial security in an amount sufficient
to cover the costs of such improvements or common amenities, including,
but not limited to, roads, stormwater detention and/or retention basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
B.
The applicant shall not be required to provide financial security
for the costs of any improvements for which financial security is
required by and provided to the Department of Transportation in connection
with the issuance of a highway occupancy permit pursuant to Section
420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the
"State Highway Law."[1]
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
C.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from Brecknock Township, financial
security to assure proper completion and maintenance thereof shall
be posted in accordance with the regulations of the controlling public
utility or municipal authority and shall not be included within the
financial security as otherwise required by this section.
A.
Recorded plan approval. [Equivalent MPC, 18th Edition, Section
509(b)] When requested by the developer, in order to facilitate
financing, the Board of Supervisors shall furnish the developer with
a signed copy of a resolution indicating approval of the final plat
contingent upon the developer obtaining a satisfactory financial security.
The final plat or record plan shall not be signed nor recorded until
the financial improvements agreement is executed. The resolution or
letter of contingent approval shall expire and be deemed to be revoked
if the financial security agreement is not executed within 90 days
unless a written extension is granted by the Board of Supervisors;
such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
B.
Review fees. [Equivalent MPC, 18th Edition, Section 503(1)] Review fees may include reasonable and necessary charges by Brecknock
Township's professional consultants for review and report thereon
to Brecknock Township. Such review fees shall be based upon a schedule
established by ordinance or resolution. Such review fees shall be
reasonable and in accordance with the ordinary and customary charges
for similar service in the community, but in no event shall the fees
exceed the rate or cost charged by the professional consultant for
comparable services to Brecknock Township for services which are not
reimbursed or otherwise imposed on applicants. Fees charged to Brecknock
Township relating to any appeal of a decision on an application shall
not be considered review fees and may not be charged to an applicant.
C.
Protection of final phases. [Equivalent MPC, 18th Edition,
Section 509(i)] In the case where development is projected
over a period of years, the Board of Supervisors may authorize submission
of final plats by section or stages of development, subject to such
requirements or guaranties 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.
A.
Form of financial security. [Equivalent MPC, 18th Edition,
Sections 509(c), 509(d), and 509(e)]
(1)
Without limitation as to other types of financial security which
Brecknock Township may approve, which approval shall not be unreasonably
withheld, federal or commonwealth chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
(2)
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
(3)
Such bond or other security shall provide for, and secure to the
public, the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
B.
Amount of guaranty.
(1)
Amount of financial security required. [Equivalent MPC, 18th
Edition, Section 509(f)] 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,
Brecknock Township may adjust the amount of the financial security
by comparing the actual cost of the improvements which have been completed
and the estimated cost for 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, Brecknock 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.
(2)
Estimate of the cost of completion. [Equivalent MPC, 18th
Edition, Section 509(g)] 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. Brecknock Township, upon the recommendation of the Municipal
Engineer, may refuse to accept such estimate for good cause shown.
If the applicant or developer and Brecknock Township 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 Brecknock 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 Brecknock Township and the
applicant or developer.
(3)
Additional time for completion. [Equivalent MPC, 18th Edition,
Section 509(h)] 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.
The developer shall contact the inspecting engineer to coordinate
the construction observation schedule, notification procedures, and
other related improvement guaranty administration topics and to determine
the need for an on-site, preconstruction meeting. The developer shall
contact the inspecting engineer prior to the construction of site
improvements.
A.
Inspection of improvements. [Equivalent MPC, 18th Edition,
Sections 510(a) and 510(g)(1)]
(1)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Brecknock Township Board
of Supervisors, in writing, by certified or registered mail, of the
completion of the aforesaid improvements and shall send a copy thereof
to the Municipal Engineer. The Brecknock Township Board of Supervisors
shall, within 10 days after receipt of such notice, direct and authorize
the Municipal Engineer to inspect all of the aforesaid improvements.
The Municipal Engineer shall, thereupon, file a report, in writing,
with the Brecknock Township Board of Supervisors, 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 Municipal Engineer of the aforesaid authorization from the
Board of Supervisors; 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 Municipal Engineer, said report
shall contain a statement of reasons for such nonapproval or rejection.
(2)
The Board of Supervisors shall submit to the applicant an itemized
bill showing the work performed in connection with the inspection
of improvements performed, identifying the person performing the services
and the time and date spent for each task. In the event the applicant
disputes the amount of any such expense in connection with the inspection
of improvements, the applicant shall, no later than 30 days after
the date of transmittal of a bill for inspection services, notify
Brecknock Township and Brecknock Township's professional consultant
that such inspection expenses are disputed as unreasonable or unnecessary
and shall explain the basis of his/her objections to the fees charged,
in which case Brecknock Township shall not delay or disapprove a request
for release of financial security, a subdivision or land development
application or any approval or permit related to development due to
the applicant's dispute of inspection expenses. Failure of the
applicant to dispute a bill within 30 days shall be a waiver of the
applicant's right to arbitration of that bill under this section.
B.
Acceptance of improvements. [Equivalent MPC, 18th Edition,
Sections 510(b) and 510(c)]
(1)
The Brecknock Township Board of Supervisors shall notify the developer,
within 15 days of receipt of the Engineer's report, in writing,
by certified or registered mail, of the action of said Brecknock Township
Board of Supervisors with relation thereto.
(2)
If the Brecknock Township Board of Supervisors or the Municipal Engineer
fails to comply with the time limitation provisions contained herein,
all improvements will be deemed to have been approved and the developer
shall be released from all liability pursuant to its performance guaranty
bond or other security agreement.
C.
Municipality does not accept improvements. [Equivalent MPC,
18th Edition, Section 510(d)] If any portion of the said
improvements shall not be approved or shall be rejected by the Brecknock
Township Board of Supervisors, the developer shall proceed to complete
the same; and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
D.
Duplication of inspections. [Equivalent MPC, 18th Edition,
Section 510(g)] Brecknock Township may prescribe that the
applicant shall reimburse Brecknock Township for the reasonable and
necessary expense incurred in connection with the inspection of improvements.
The applicant shall not be required to reimburse the Board of Supervisors
for any inspection which is duplicative of inspections conducted by
other governmental agencies or public utilities. The burden of proving
that any inspection is duplicative shall be upon the objecting applicant.
Such reimbursement shall be based upon a schedule established by ordinance
or resolution. Such expense shall be reasonable and in accordance
with the ordinary and customary fees charged by Brecknock Township's
professional consultant for work performed for similar services in
the community, but in no event shall the fees exceed the rate or cost
charged by the professional consultant to Brecknock Township for comparable
services when fees are not reimbursed or otherwise imposed on applicants.
A.
Partial release of funds. [Equivalent MPC, 18th Edition,
Section 509(j)] As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Board of Supervisors to release or authorize the release, from time
to time, of 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 Board of Supervisors,
and the Board of Supervisors shall have 45 days from receipt of such
request within which to allow the Municipal Engineer to certify, in
writing, to the Board of Supervisors that such portion of the work
upon the improvements has been competed in accordance with the approved
plat. Upon such certification, the Board of Supervisors 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 Board of Supervisors fails
to act within said forty-five-day period, the Board of Supervisors
shall be deemed to have approved the release of funds as requested.
The Board of Supervisors 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.
B.
Final release. [Equivalent MPC, 18th Edition, Section 510(g)(1.1)] Subsequent to the final release of financial security for completion
of improvements for a subdivision or land development, or any phase
thereof, the professional consultant shall submit to the Board of
Supervisors a bill for inspection services, specifically designated
as a final bill. The final bill shall include inspection fees incurred
through the release of financial security.
C.
Remedies to effect completion of improvements. [Equivalent
MPC, 18th Edition, Section 511] In the event that any improvements
which may be required have not been installed as provided in the Subdivision
and Land Development Ordinance or in accord with the approved final
plat, the Board of Supervisors of Brecknock Township is hereby granted
the power to enforce any corporate bond or other security by appropriate
legal and equitable remedies. If the proceeds of such bond or other
security are insufficient to pay the cost of installing or making
repairs or corrections to all the improvements covered by said security,
the Board of Supervisors of Brecknock Township may, at its option,
install part of such 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
security or from any legal or equitable action brought against the
developer, or both, shall be used solely for the installation of the
improvements covered by such security and not for any other municipal
purpose.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, Brecknock Township shall not
condition the issuance of building, grading or other permits relating
to the erection or placement of improvements, including buildings,
upon the lots or land as depicted upon the final plat upon actual
completion of the improvements depicted upon the approved final plat.
Moreover, if said financial security has been provided, occupancy
permits for any building or buildings to be erected shall not be withheld
following: the improvement of the streets providing access to and
from existing public roads to such building or buildings to a mud-free
or otherwise permanently passable condition, as well as the completion
of all other improvements as depicted upon the approved plat, either
upon the lot or lots or beyond the lot or lots in question, if such
improvements are necessary for the reasonable use of or occupancy
of the building or buildings. Any ordinance or statute inconsistent
herewith is hereby expressly repealed.
A.
As-built plans showing the actual dimensions and conditions of all
required improvements, including public and private streets, public
and private stormwater management facilities, parking areas, other
utilities, and all other publicly dedicated improvements, shall be
provided for all subdivision and land development. The as-built plans
shall be submitted upon completion of all required improvements and
shall reflect, to the Township Engineer's satisfaction, compliance
with the approved plans. As-builts shall be submitted to and approved
by the Township before the acceptance of said improvements.
B.
The as-built plans shall contain the following information and be
provided in hard copy and AutoCAD format:
(1)
Roadway as-builts shall consist of a plan view and profile view with
spot elevations taken at fifty-foot intervals along the center line
and at any high/low points. The final cartway dimensions of streets
and cul-de-sac bulbs shall be shown.
(2)
Stormwater as-builts shall include profiles and plan views of all
storm sewer piping, including location, rim/grate elevations, size,
material, slopes, and inverts, as well as sufficient stormwater facility
data, including volumes, spillway length and elevation, berm elevation,
and other data necessary to verify the as-built calculations. Stormwater
as-built calculations shall be provided for each stormwater facility
to ensure the ordinance and design requirements have been met.
(3)
All other utilities, including water and sewer, shall be shown on
the plans in terms of their location, and any crossings shall be shown
on the profiles.
(4)
Confirmation of removal of any existing impervious required to be
removed as part of the land development approval.
Where the Board of Supervisors accepts dedication of all or
some of the required improvements following completion, the Board
of Supervisors may require the posting of financial security to secure
structural integrity of said improvements as well as the functioning
of said improvements in accordance with the design and specifications
as depicted on the final plat for a term not to exceed 18 months from
the date of acceptance of dedication. Said financial security shall
be of the same type as otherwise required in this section with regard
to installation of such improvements, and the amount of the financial
security shall not exceed 15% of the actual cost of installation of
said improvements.
