In the event that any improvements that may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Board may enforce any letter of credit
or other financial security by appropriate legal and equitable remedies.
If proceeds of such financial security are insufficient to pay the
cost of installing or making repairs or corrections to all the improvements
covered by said security, the Board may, at its option, install such
improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action or recover
the monies necessary to complete the remainder of the improvements.
All the proceeds, after deducting the costs of collection, whether
resulting from the financial 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 Township purpose.
Recording of the final plan after approval of the Board of Supervisors
has the effect of an irrevocable offer to:
A. Dedicate all streets and other public ways to public use, unless
such streets are indicated on said plan as private streets.
B. Dedicate all neighborhood parks and all areas shown on the plan as
being local recreation sites to public use.
The developer shall maintain all streets in the subdivision
or development in travelable condition, including the prompt removal
of snow therefrom, until such time as the streets are accepted by
the Township as part of the Township highway system; or, if such streets
are not to be dedicated, until a homeowners' association or other
entity responsible for the maintenance of the streets has been formed.
Prior to the final release of the financial security, the developer
shall provide the Township with one Mylar, two paper prints, and/or
one electronic copy, at the Township's discretion, of the final
as-built plan showing the following:
A. Actual location of all concrete monuments which were set at all angle
breaks and points of curvature along one side of the right-of-way.
B. When the outside perimeter of a tract falls within or along an existing
road right-of-way, then the right-of-way of that roadway shall be
monumented at the above-referenced points.
C. Actual location of all iron pins or drill holes in curbs for all
individual lot lines.
D. Actual cul-de-sac radius.
E. Actual horizontal and vertical location of cartway center line versus
right-of-way center line.
F. Actual location of floodplain by elevation and dimension from property
line.
G. All stormwater management facilities as required by Chapter
373, Stormwater Management.
All appeals from decisions of the Board in the administration
of this chapter shall be made in accordance with the provisions of
the Municipalities Planning Code.
In the interpretation and application of the provisions of this
chapter, said provisions shall be deemed to be the minimum requirements
necessary for the promotion and protection of the public health, safety
and welfare. Where the provisions of this chapter and all standards
and specifications implementing it impose greater restrictions upon
subdivision or land development than those of any other Township ordinance
or any regulation or any applicable land development agreement, the
provisions of this chapter and its standards and specifications shall
be controlling. Where the provisions of any statute, regulation, other
Township ordinance or applicable land development agreement impose
greater restrictions upon subdivision or land development than this
chapter, the provisions of such statute, regulation, other ordinance,
or applicable land development agreement shall be controlling.
With the exception of §
388-67A and
B, the provisions of this chapter shall apply to and control all subdivisions and/or land developments whose plans have not been recorded in the Office of the Recorder of Deeds prior to the effective date of these regulations.
A. The provisions of this chapter shall not adversely affect an application
for approval of a preliminary or final plan which was duly filed with
the Lancaster County Planning Commission with a copy thereof submitted
to the Township, and is pending action at the time of the effective
date of this chapter, and in which case, the applicant shall be entitled
to a decision in accordance with the provisions of the governing ordinances
or plans as they stood at the time the application had been duly filed.
When a preliminary plan has been duly approved, the applicant shall
be entitled to final plan approval in accordance with the terms of
the approved preliminary plan. However, if an application is properly
and finally denied, any subsequent application shall be subject to
the provisions of this chapter.
B. If an applicant has received approval of a preliminary or final plan
prior to the effective date of this chapter, no provision of this
chapter shall be applied to adversely affect the right of the applicant
to commence and complete any aspect of the approved development in
accordance with the terms of such approval within five years from
the date of such approval. When approval of the final plan has been
preceded by approval of a preliminary plan, the five-year period shall
be counted from the date of preliminary plan approval. If there is
any doubt as to the terms of approval, the terms shall be construed
in light of the provisions of the governing ordinances or plans as
they stood at the time when the application for such approval was
duly filed.
Nothing in this chapter shall be construed to affect any suit
or proceeding pending in any court, or any rights or liability incurred,
or any permit issued, or any approval granted, or any cause or causes
of action existing prior to the enactment of this chapter.