[Ord. 215, 5/18/2004, § 6.00]
1.
The purpose of this part is to establish and define the public improvements
that will be required by the Township to be constructed or cause to
be constructed by the applicant. Inspection of improvements shall
be the responsibility of the Township.
2.
All improvements shall be constructed in accordance with the specifications
of the Township.
[Ord. 215, 5/18/2004, § 6.01]
1.
The improvements required by this chapter are minimum requirements.
The Township reserves the right in any case to increase the same if
conditions so warrant in order to protect the health, safety and welfare
of Township residents.
2.
Before the Board of Supervisors shall approve and endorse final plans
of any subdivision or land development and as a requirement for the
approval thereof, the developer shall enter into a written agreement
with the Township in the manner and form set forth by the Township
Solicitor, to guarantee the construction and installation of all improvements
required by this chapter at the developer's expense. 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 plan contingent upon the developer obtaining
satisfactory financial security. The final plan 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.
3.
Final plan approval shall be conditioned upon the streets shown on
the plan having been improved to a permanently passable condition,
or improved as may be required by this chapter and any walkways, bikeways,
curbs, gutters, streetlights, fire hydrants, shade trees, water mains,
sanitary sewers, storm drains and other improvements as may be required
by this chapter have been installed. In lieu of the completion of
any improvements as may be required by this chapter, the developer
shall furnish to the Township a financial security with such surety
as the Board of Supervisors shall approve, in an amount sufficient
to cover the costs of any improvements that may be required. Such
financial security, or other security, shall provide for and secure
to the public the completion of any improvements that may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of improvements. The amount of financial
security to be posted for 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 Township 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 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 section.
4.
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 the Commonwealth of Pennsylvania 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. If the applicant or
developer and the Township are unable to agree upon an estimate, the
procedures set forth in the Pennsylvania Municipalities Planning Code,
Article V, § 509(g), 53 P.S. § 10509(g), shall
be followed. If the developer 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.
5.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plans by
section or stages of development subject to such requirements or guarantees
as to improvements in future stages of development as it finds essential
for the protection of any finally approved section of the development.
As the work of installing the required improvements proceeds, the
developer may request the Township to release, from time to time,
such portions of the financial security necessary for payment to the
contractor performing the work. Any such request shall be in writing
addressed to the Township and Board of Supervisors shall have 45 days
from receipt of such request within which to allow the Township Engineer
to certify, in writing, to the Board of Supervisors that the improvements
have been completed in accordance with the approved plan. If the Township
fails to act within the forty-five-day period, the Township shall
be deemed to have approved the release of funds as requested. The
Township may, prior to final release at the time of completion and
certification by the Township Engineer, require retention of 10% of
the estimated cost of the aforesaid improvements.
6.
Where the Township accepts dedication of all or some of the required
improvements following completion, the Township may require the posting
of financial security to secure structural integrity of the improvements
as well as the functioning of said improvements in accordance with
the design and specifications as depicted on the final plan for a
term not to exceed 18 months from the date of acceptance of dedication.
The amount of this financial security shall not exceed 15% of the
actual cost of installation of the improvements.
7.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plan as set forth in this section, the Township shall not condition
the issuance of building, grading or other permits relating to the
construction of the improvements, including buildings, upon the lots
or land as depicted on the final plan. 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 permanently passable condition,
as well as the completion of all other improvements as depicted upon
the approved plan, 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.
8.
Release from Performance Guarantee.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Township, by certified
or registered mail, of the completion of the improvements and shall
send a copy to the Township Engineer. The Township shall, within 10
days after receipt of such notice, direct and authorize the Township
Engineer to inspect all of the improvements. The Township Engineer
shall file a report with the Township, and shall mail a copy of the
report to the developer by certified or registered mail. The report
shall be made and mailed within 30 days after receipt by the Township
Engineer of the authorization from the Township. This report shall
indicate approval or rejection of the improvements, and if the improvements,
or any portion thereof, shall not be approved by the Township Engineer,
this report shall contain a statement of reasons for such nonapproval
or rejection.
B.
The Board of Supervisors shall, within 15 days of receipt of the
Township Engineer's report, notify the developer by certified or registered
mail of their actions in response to the Township Engineer's review
of improvements.
C.
If the Board of Supervisors or the Township Engineer fails to comply
with the time limitation provisions, all improvements will be deemed
to have been approved and the developer shall be released from all
liability, pursuant to its performance guarantee bond or other security
agreement.
D.
If any portion of the improvements shall not be approved or shall
be rejected by the Board of Supervisors, the developer shall proceed
to complete the improvements and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
E.
The applicant shall reimburse the Township for the reasonable and
necessary expense incurred for the inspection of such improvements.
Such reimbursement shall be based upon a schedule adopted by resolution
and shall be reasonable and in accordance with the ordinary and customary
fees charged by the Township Engineer or consultant for work performed
for similar services in the Township, and in no event shall the fees
exceed the rate or cost charged by the Township Engineer or consultant
to the Township when fees are not reimbursed or otherwise imposed
on applicants. In the event that the applicant disputes the amount
of such expense in connection with inspection of improvements, the
procedure set forth in the Pennsylvania Municipalities Planning Code
(Act 247, as amended), § 510(g), Subsections (1) through
(5), 53 P.S. § 10510(g)(1) through (5), shall be adhered
to.
F.
Roads and parking areas in residential developments shall be completed
(except for the wearing course) before any occupancy permit is issued
for any residence in the subdivision or land development.
9.
Remedies for Completion of Improvements. In the event that required
public improvements have not been installed as provided in this chapter
or in accordance with the approved final plan, the Board of Supervisors
shall enforce the public improvements agreement and draw on the financial
security to insure the installation of the public improvements.
[Ord. 215, 5/18/2004, § 6.02]
1.
The provisions of this chapter are the minimum standards for the
protection of the public welfare. The Township reserves the right
to modify or extend them as may be necessary in the public interest.
2.
If the applicant establishes that literal enforcement of any provision
of this chapter will exact undue hardship because of peculiar conditions
pertaining to applicants land, the Township may grant a modification
in writing to such applicant provided that such modification will
not be contrary to the public interest and the purpose and intent
of this chapter.
3.
All requests for modification shall be in writing, signed by the
applicant, and shall accompany and be a part of the application for
development. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions of the ordinance involved, and the minimum
modification necessary. The request for modification may be referred
to the Planning Commission for advisory comments.
4.
In granting modifications, the Township may impose such conditions
as will, in its judgment, substantially secure the objectives of the
standards or requirements so modified.
5.
The Township shall keep a written record of all action on all requests
for modifications.
[Ord. 215, 5/18/2004, § 6.03]
The applicant for a subdivision or land development approval
shall at the time of making application, pay to the Township reasonable
and necessary fees in accordance with a fee schedule adopted by resolution
of the Township upon the enactment of these regulations or as such
schedule may be amended by resolution of the Township.
[Ord. 215, 5/18/2004, § 6.04; as added by Ord.
2015-6, 1/20/2015, § I]
1.
Whenever as part of a subdivision or land development application,
an applicant is required to obtain a PennDOT Highway Occupancy Permit
("HOP") and PennDOT requires the Township to be an applicant or co-applicant
for the HOP or to sign a condition statement, the Township shall not
sign either unless the applicant has paid a Stormwater Capital Contribution
to the Township to help defray costs of periodic inspections and maintenance
expenses associated with all stormwater management facilities, storm
sewer, culverts, and such other improvements required by PennDOT,
to be constructed within the right-of-way of public roads, and for
which the Township shall be either primarily or secondarily responsible,
calculated as follows:
A.
If the stormwater facilities are to be owned and maintained by the Township, the contribution shall cover the estimated cost for maintenance and inspections for 10 years required pursuant to Solebury Township Stormwater Management Ordinance, Ord. 2011-6, Part 7, § 23-706, Subsection 1A, as amended. The Township Engineer will establish the estimated costs upon review of information submitted by the applicant.
B.
If the stormwater management facilities are to be owned and maintained by a person or entity other than the Township, the contribution shall cover the estimated cost for maintenance and inspections for 10 years required pursuant to Solebury Township Stormwater Management Ordinance, Ord. 2011-6, Part 7, § 23-706, Subsection 1B, as amended. The Township Engineer will establish the estimated costs upon review of information submitted by the applicant.
C.
If the stormwater management facilities are to be owned and maintained
by a person or entity other than the Township, a maintenance agreement
as set forth below shall be required:
(1)
Prior to final approval of the site's stormwater management plan, the applicant shall sign and record a maintenance operations and maintenance agreement ("O&M agreement") prepared and approved by the Township Solicitor covering all stormwater control facilities that are to be privately owned. The form and substance of the agreement shall be consistent with the agreement in Appendix 23-M of the Solebury Township Stormwater Management Ordinance, Ord. 2011-6, as amended. [Chapter 23]
(2)
Other items may be included in the O&M agreement where determined
necessary to guarantee the satisfactory maintenance of all Stormwater
Management Facilities. The maintenance O&M agreement shall be
subject to review and approval of the Township.
(3)
The property owner shall be responsible for the operations and
maintenance of all stormwater management BMPs located on the property
owner's land. If the property owner fails to adhere to the O&M
agreement, the Township may perform the services required and charge
the property owner the appropriate fees and costs of these services.
Nonpayment of these fees and costs may result in a lien against the
property.
