Township of Shrewsbury, PA
York County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 2010-09, 8/4/2010]
Article V, Subdivision and Land Development, of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
Shrewsbury Township Fee Schedule, as adopted by resolution and amended.
[Ord. No. 2010-09, 8/4/2010]
Copies of this chapter shall be available on request for the use of any person who desires information concerning subdivision and land development standards and procedures in effect within Shrewsbury Township. Any prospective applicant developer/owner, along with the applicant's engineer/surveyor, if so engaged, shall schedule a meeting, through the Township Secretary, with the Subdivision Review Committee to discuss the applicability of the provisions of this chapter. During this preapplication consultation, the developer or owner may submit a sketch plan for discussion purposes only.
[Ord. No. 2010-09, 8/4/2010]
1. 
Where a land development plan includes improvements, the developer may submit a sketch plan to the Planning Commission, which should include at a minimum those items listed in § 22-402 of this chapter.
2. 
A sketch plan will be considered as submitted for informal review and discussion and shall not constitute formal filing of the plan with the Township.
3. 
As far as may be practical on the basis of the sketch plan review and discussion, the Township will informally advise the developer as promptly as possible of the extent to which the proposed land development conforms to both this chapter and the Zoning Ordinance and will discuss possible plan modifications or enhancements necessary to secure conformance to the Township's ordinances.
[Ord. No. 2010-09, 8/4/2010]
Preliminary and final plans shall be prepared by an engineer, surveyor and/or a landscape architect licensed in the Commonwealth of Pennsylvania to perform such duties. Metes-and-bounds descriptions shall be prepared by professional surveyors, and designs which entail engineering expertise shall be prepared by professional engineers.
[Ord. No. 2010-09, 8/4/2010]
Any minor subdivision which contains no more than five lots or prospective dwelling units or any land development which proposes no more than one commercial, industrial or intensive livestock structure shall be reviewed and acted upon as a final plan without the necessity of prior preliminary plan approval, except subdivision and land development involving infrastructure improvements such as new streets, alleys, public or joint use sanitary sewer facilities, public or joint use water supplies or stormwater management facilities.
[Ord. No. 2010-09, 8/4/2010]
1. 
The following submission procedure shall apply to all preliminary and final subdivision plans and land development plans:
A. 
Subdivision plans and land development plans may be submitted to the Township Secretary or designee at the Township office on any business day. However, to be placed on the Planning Commission agenda for that month, plans must be received five full working days prior to the Planning Commission meeting.
B. 
Applicants shall submit a sewer facilities planning module or supplement in conjunction with the preliminary plan application in order to avoid unnecessary delays.
2. 
Application Requirements. All plan applications shall include:
A. 
A minimum of five copies of the preliminary and/or final plan and supporting documents, as required by this chapter. Additional copies may be requested by the Township.
B. 
One copy of the application form. An optional waiver of the ninety-day time frame is available in the Township office.
C. 
Two copies of any requests for waivers. A waiver request form is available from the Township office.
D. 
The required filing fee, as set by resolution of the Board of Supervisors.
E. 
Sewer facilities siting, including location of the soil percolation tests and core borings.
F. 
A statement that the plan does or does not affect property that is included on the Shrewsbury Township Official Map and, if so, then that the property owner understands that Shrewsbury Township has one year from the date of the submission to take whatever action it deems necessary to fulfill the intention of the Official Map.
3. 
The Township Secretary or designee shall maintain a log containing the following information:
A. 
The title of the plan.
B. 
The name of the owner and developer of the plan.
C. 
The name of the surveyor or engineer preparing the plan.
D. 
The name, address, telephone number and relationship to the owner or developer of the plan, of the person filing the plan, or of the individual to be contacted regarding the plan.
E. 
The date, time and place of the filing.
F. 
Tax parcel numbers.
G. 
The amount of the filing fee received and check number, subject to § 22-316 herein.
H. 
A description of materials received.
I. 
The date that the plan is submitted to the York County Planning Commission for review.
4. 
All plans shall be stamped by the Township Secretary or designee with the time and date they are received.
[Ord. No. 2010-09, 8/4/2010]
The Township Secretary or designee, within seven days from the date of submission of an application, shall determine if the application is complete in accordance with § 22-305. This determination shall not constitute approval or disapproval of the plan and application but is rather a determination of administrative completeness. If the application is found to be incomplete, the Township Secretary or designee shall notify the applicant, in writing, that the submitted application is incomplete and does not constitute a formal application and shall note the deficiencies. The formal review period as specified by § 22-310 of this Part and Section 508 of the Pennsylvania Municipalities Planning Code[1] shall not begin until an administratively complete application has been received by the Township.
[1]
Editor's Note: See 53 P.S. § 10508.
[Ord. No. 2010-09, 8/4/2010]
1. 
The Township Secretary or designee shall transmit one copy of each plan and all accompanying reports to the Shrewsbury Township Planning Commission for its review and recommendation.
2. 
The applicant has the responsibility to transmit one copy of each plan and all accompanying reports to the York County Planning Commission, Township Engineer and Codes Enforcement Officer on the same date for their review and recommendation.
3. 
The comments from the Township Engineer, York County Planning Commission, and the Codes Enforcement Officer shall be forwarded to the Township Planning Commission and Board of Supervisors. After its review, the Township Planning Commission shall submit its recommendations to the Board of Supervisors.
4. 
During the course of the Township Planning Commission's review of the preliminary plan and prior to any action by the Board of Supervisors within the required ninety-day review period, the preliminary plan may be revised by the applicant.
A. 
The required number of copies of the revised plan shall be submitted, which shall note the dates of any and all revisions and a summary of the nature thereof.
(1) 
One copy of the submitted revised plan shall be color-coded to identify the revisions.
B. 
If the Township determines that the revisions are substantial in nature, the plan will not be accepted as a revised plan unless the applicant signs a statement stipulating that a new ninety-day time period shall commence from the date of the Planning Commission's meeting next following the filing of the revised preliminary plan.
(1) 
If the applicant fails to sign the aforesaid statement, the revised submission shall be considered as a new submission requiring compliance with § 22-305, Subsections 1 and 2, of this Part; or
(2) 
In the alternative, the applicant shall sign a statement granting an extension of time for a lesser period to be concurred with by the Planning Commission.
C. 
The additional reviews required for revised plans may require the payment of additional fees by the applicant.
5. 
The applicant shall submit additional copies of all plans and reports to the York County Conservation District, Pennsylvania Department of Transportation, and Pennsylvania Department of Environmental Protection as required by the proposed subdivision and/or land development and applicable regulations.
[Ord. No. 2010-09, 8/4/2010]
All plans and reports shall be reviewed by the Township Planning Commission for compliance with:
1. 
The standards, requirements, improvements, design, and dedication or reservations required by this chapter.
2. 
The Southern York County Regional Comprehensive Plan, as amended and supplemented.
3. 
The Official Shrewsbury Township Sewage Facilities Plan (Act 537 Plan).
4. 
Site suitability for the particular type of development proposed.
5. 
The availability of necessary services and facilities.
6. 
The Township Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 27, Zoning.
7. 
The requirements of any other applicable Township ordinance.
8. 
Any state highway, either existing or proposed by the Pennsylvania Department of Transportation.
[Ord. No. 2010-09, 8/4/2010]
1. 
Purpose. Where the literal enforcement of the provisions of these regulations will exact an undue hardship upon an applicant, a waiver may be requested of the Board of Supervisors. A waiver is the process to receive a modification of an ordinance requirement as it applies to a specific application.
2. 
Standards. A waiver may be approved by the Board of Supervisors when the applicant is able to demonstrate that:
A. 
The literal enforcement of a requirement of this chapter will exact an undue hardship (not solely financial) by reason of a peculiar condition (to the land) that pertains to a specific proposal; and
B. 
An alternative standard is equal or better; and
C. 
The waiver will not be contrary to the public interest; and
D. 
The waiver is consistent with the intent of this chapter; and
E. 
The waiver is consistent with § 22-103 of this chapter.
3. 
Application Requirements:
A. 
All waiver requests must be completed, in writing, on the waiver application form as available from the Township Secretary.
B. 
Waiver requests shall be submitted, in writing, by the applicant to the Township Secretary concurrently with the application for a subdivision and/or land development plan. Two copies of each waiver request shall be submitted. However, if any of this information was submitted with an approved preliminary plan, it need not be submitted with the application for final plan.
4. 
Distribution. One copy of the waiver request shall be distributed by the Township Secretary to the Township Engineer, Township Zoning Officer, Planning Commission and the Board of Supervisors.
5. 
Review of a Waiver Request:
A. 
All waiver requests shall first be reviewed by the Township Engineer. If necessary, other Township officials may be requested to review the request. Secondly, the Planning Commission shall review the request.
B. 
A review of the waiver request shall determine its conformance with the standards contained in this chapter as well as other applicable ordinances. Review comments shall cite any applicable ordinance regulations and include any suggestions. The review shall recommend to the Board of Supervisors whether the waiver request be approved or disapproved.
6. 
Ruling on the Waiver:
A. 
The Board of Supervisors shall consider and act upon requests for modification at a regularly scheduled meeting of the Board.
B. 
A formal hearing shall not be required. However, the applicant or any interested party may request a hearing upon agreement to pay for the public notice and stenographic costs thereof.
C. 
At any meeting or hearing, the applicant or his representative shall present evidence in support of the request.
D. 
The Board of Supervisors, after hearing said evidence and considering the application, may grant or deny said modifications.
E. 
In modifying any requirements, the Board of Supervisors shall record its action and the grounds for the modification of a requirement to the applicant applying for the modification. A note must be placed on the plan stating the modification and date granted.
F. 
Whenever a request for a modification requirement is denied, the Board of Supervisors shall record its action for such denial in its minutes.
[Ord. No. 2010-09, 8/4/2010]
1. 
At a scheduled public meeting, the Board of Supervisors shall render its decision on the plan, whether preliminary or final, and communicate its decision, in writing, to the applicant not later than 90 days following the date of the regular meeting of the Board of Supervisors or the Commission next following the date the application is filed, as established by the Municipalities Planning Code, as amended.[1]
A. 
Final plan approval shall not be granted until such improvements as required by this chapter and shown on such final plan have been completed or a guarantee posted as required in § 22-313 of this Part.
B. 
The Board of Supervisors may approve the plan, whether preliminary or final, in whole or in part, or subject the plan to modifications or conditions, or may disapprove the plan. The decision of the Board of Township Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him at his last-known address not later than 15 days following the decision.
(1) 
If the plan is approved by the Board of Supervisors subject to modifications or conditions, the applicant shall either personally or in writing approve or reject such modifications or conditions within five days of receiving notice of such modifications or conditions. For purposes of this subsection, notice to an individual presenting the plan on behalf of the applicant, whether such individual is the applicant himself, a relative of the applicant, an officer of the applicant, an attorney, a surveyor, an engineer or otherwise, shall be notice to the applicant, and such person presenting the plan on behalf of the applicant shall be deemed to have authority to, on behalf of the applicant, accept or reject such modifications or conditions. The failure to accept or reject such modifications or conditions within the five-day period shall be considered to be a rejection of the same, and the conditional approval by the Board of Supervisors shall be revoked, and the applicant shall be notified, in writing, within 10 days following the expiration of the five-day period of the plan rejection.
(2) 
When the plan is not approved in terms as filed or subject to modifications or conditions approved by the applicant, the decision shall specify the defects found in the plan and describe the requirements which have not been met and shall cite the provisions of these regulations relied upon.
(3) 
Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed as approval of the application in terms as presented unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation or communication of the decision, in which case, failure to meet the extended time or change in manner of presentation or communication shall have the like effect.
(4) 
Before acting on any subdivision, whether preliminary or final, the Board of Supervisors and/or the Planning Commission may hold a public meeting thereon after public notice.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 2010-09, 8/4/2010]
1. 
From the time a plan, whether preliminary or final, is submitted as provided in this chapter and while such plan is pending approval or disapproval, no change or amendment of the Zoning Ordinance, Subdivision and Land Development Ordinance or other Township ordinances or plans shall affect the decision on such plan aversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the Township ordinances or plans as they stood at the time the application was duly submitted. In addition, when a preliminary plan has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary plan as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
2. 
When an application for approval of a plan, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, 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. The five-year period shall be extended for the duration of litigation, including appeals, which prevent the commencement or completion of the development, and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat. In the event of an appeal filed by any party from the approval or disapproval of a plat, the five-year period shall be extended by the total time from the date the appeal was filed until a final order in such matter has been entered and all appeals have been concluded and any period for filing appeals or requests for reconsideration has expired; provided, however, no extension shall be based upon any water or sewer moratorium which was in effect as of the date of the filing of a preliminary application.
3. 
Where final approval is preceded by preliminary approval, the aforesaid 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 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.
4. 
Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five-year limit, or any extension thereof as may be granted by the governing body, no change of municipal ordinance or plan enacted subsequent to the date of filing of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification or density, lot, building, street or utility location.
5. 
In the case of a preliminary plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plan delineating all proposed sections as well as deadlines within which applications for final plan approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to approval of the governing body in its discretion.
6. 
Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the governing body in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with the landowner's aforesaid schedule of submission of final plans for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within five years shall apply; and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.
7. 
Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinance enacted by the Township subsequent to the date of the initial preliminary plan submission.
[Ord. No. 2010-09, 8/4/2010]
Plan approval shall expire upon the passage of five years after the grant of such approval. Where final plan approval is preceded by preliminary plan approval, the aforesaid five-year period shall be counted from the date of preliminary plan approval.
[Ord. No. 2010-09, 8/4/2010]
1. 
Approval of the preliminary plan by the Board of Supervisors constitutes conditional approval of the development as to the character and intensity of development, the general layout, and the approximate dimensions of streets, lots, and other planned features. This approval binds the subdivider to the general scheme shown on the preliminary plan and any conditions imposed by the Board of Supervisors and agreement by the subdivider of such conditions. The Board of Supervisors shall not sign the plan until all such conditions have been complied with.
2. 
Approval of the preliminary plan shall not constitute approval of the final subdivision plan, nor does it authorize recording, on the preliminary plan, the sale of any lots, or agreement to sell lots; however, such approval does authorize the subdivider to proceed with the preparation of the final plan, installation and/or construction of improvements and posting of a financial security as specified in this chapter.
3. 
The applicant shall accept or reject conditions imposed upon the plan by the Board of Supervisors within 10 days of a meeting at which any such conditions were imposed. If acceptance of conditions by the applicant is not received by the Board of Supervisors, in writing, within the required period, the plan shall be deemed denied.
[Ord. No. 2010-09, 8/4/2010]
1. 
Approval of the final plan by the Board of Supervisors constitutes final approval of the subdivision as to the character and intensity of development, the layout and the dimensions of streets, lots and other planned features. This approval binds the subdivider to the scheme shown on the final plan.
2. 
Final plan approval authorizes the subdivider to proceed with the recording of the final plan, which must be accomplished before the subdivider can proceed with the sale of any lots or the construction of buildings and structures.
[Ord. No. 2010-09, 8/4/2010]
1. 
Upon approval of the final plan, the Township shall, within 90 days of such final approval, record such plan in the office of the Recorder of Deeds of York County.
2. 
The recording of the final plan shall not constitute grounds for assessment increase until such time as lots are sold or improvements are installed on the land included within the subject plan.
3. 
No changes, erasures, modifications, or revisions shall be made on the final plan after approval, unless the plan is first resubmitted to the Planning Commission and Township Supervisors for their review and approval.
4. 
Distribution of copies of the final plan as approved shall be as follows:
A. 
Two copies of the plan and one copy of all supporting materials shall be retained for Township records.
B. 
One copy of the plan to the Township Engineer (if it includes improvements to be publicly dedicated).
C. 
One copy of the plan to the Township Zoning Officer.
D. 
One copy of the plan to the developer/owner.
[Ord. No. 2010-09, 8/4/2010]
1. 
At the time of filing a preliminary or final plan, the subdivider or developer shall pay to the Township such fees as may be established by resolution of the Board of Supervisors.
2. 
No final plan shall be approved until all fees and charges required by such resolution have been paid in full and until any or all unpaid fees incurred in connection with previously submitted subdivision or land development plans for any land included with the proposed subdivision or land development, whether or not such plans were submitted by the person or owner of such land, have been paid in full. All disputes over fees will be handled in accordance with the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 2010-09, 8/4/2010]
It shall be the duty of the subdivider or developer to provide each purchaser of a lot in a subdivision with a copy of the final subdivision plan, including a copy of all supporting data, including, but not limited to, a copy of the storm drainage plan, a copy of the sediment control plan, and a copy of the street profile plan.
[Ord. No. 2010-09, 8/4/2010]
The final responsibility for the installation of the improvements required by this chapter shall lie with the developer. Upon installation of these improvements by the developer and subsequent inspection by the Township Engineer, the developer shall take final steps to dedicate these improvements and have them accepted by Shrewsbury Township.
1. 
Recording 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.
B. 
Dedicate all neighborhood parks and other public areas to public use.
C. 
Reserve for possible future public acquisition such additional areas as may be required by the Township.
[Ord. No. 2010-09, 8/4/2010]
The offer to dedicate streets, parks, or other areas or portions of them does not impose any duty upon the Township concerning maintenance or improvement until the proper authorities of the Township have made actual appropriation by ordinance or resolution or by entry or improvement. If land is dedicated for a public site and its use for this purpose is not imminent, the developer may be permitted to dedicate the land with the privilege of using the surface rights until the Township is ready to use the land. Such dedication with the temporary privilege of use must be noted on the final plan.
[Ord. No. 2010-09, 8/4/2010]
On sites reserved for eventual public acquisition, no building development is permitted during the period of reservation. The Township may require the reservation of such sites in addition to or in lieu of land to be dedicated for public use. The reservation period must not be longer than 12 months unless with the consent of the developer. Land so reserved must be indicated on the final plan.
[Ord. No. 2010-09, 8/4/2010]
1. 
Where a proposed park, playground, open space, trail, greenways or other local or neighborhood recreation site is in the Parks and Recreation Chapter of the Southern York County Regional Comprehensive Plan, as amended, the Township may require the dedication of all or a portion of such site in accordance with the standards following:
A. 
The amount of land so required for this purpose shall be 0.03 of an acre per dwelling unit of the proposed development.
B. 
The recreation site shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each recreation site shall have at least one area available for vehicular access that is not less than 24 feet in width (road frontage).
C. 
The recreation site shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimensions shall be provided so as to accommodate ball fields, courts and other open play areas according to National Recreation and Park Association (NRPA) standards. Furthermore, should a development be proposed at a location contiguous to an existing park, parklands should be provided, where practical, as an expansion of the existing facility.
D. 
The required dedication site shall have suitable topography and soil conditions for use and development as active play areas and shall, after grading by the developer, not contain slopes exceeding 3%.
E. 
The recreation site shall not be comprised of critical environmental areas or stormwater management facilities. Any unimproved site or areas that have been graded or disturbed shall be landscaped with no less than 18 inches of subsoil and nine inches of topsoil.
F. 
No part of any overhead utility easement or any aboveground protrusion of an underground utility should be permitted in active play areas of the site.
2. 
Where the application of these standards would result in an open space or recreation site too small to be usable, or if the Comprehensive Plan calls for such local recreation site to be located elsewhere, or if a suitable local recreation site cannot be located in the land development or subdivision as determined by the Township Supervisors, a payment of $2,500 for each proposed dwelling unit or residential lot in lieu of dedication of such land is required. The following procedures with regard to payment of such fee to the Township prior to the approval of the final plan must be followed:
A. 
The land or fees, or combination thereof, are to be used only for the purpose of providing park or recreational facilities accessible to the development.
B. 
The fee, upon its receipt by the Township, shall be deposited in an interest-bearing account, clearly identifying the specific recreation facilities for which the fee was received. Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only in properly allocable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected.
C. 
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 has failed to utilize the fee paid for the purpose set forth in this section within three years from the date such fee was paid.
3. 
In lieu of requiring the dedication of a recreation or park site, or a fee for this purpose, the Board of Supervisors may permit a private site to be used if:
A. 
In its judgment, the purposes of these regulations regarding recreation and park sites will be accomplished; and
B. 
The private site is permanently devoted to recreation and park use and adequately secured for such use by deed covenants or other private restrictions.
[Ord. No. 2010-09, 8/4/2010]
1. 
No plan shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed in accordance with the chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plan, including improvements or fees required pursuant to Subsection 11 of this section, financial security shall be 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 (including, but not limited to, trails and pedestrian facilities), open space improvements or buffer or screen plantings which may be required. 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.
2. 
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 a 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; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
3. 
Without limitation as to other types of financial security, which the 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.
4. 
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, providing said bonding company or lending institution is authorized to conduct such business within the commonwealth.
5. 
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.
6. 
The amount of the 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 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, 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.
7. 
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 an engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the 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, then the estimate shall be recalculated and recertified by another engineer licensed as such in this commonwealth and 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.
8. 
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.
9. 
In the case where development is projected over a period of years, the Board of Supervisors or the Planning Commission may authorize submission of final plans by section or stages of development subject to such development as it finds essential for the protection of any finally approved section of the development.
10. 
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 of, from time to time, 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 governing body, and the governing body 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 such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Board of Supervisors shall authorize release by the bonding company of the lending institution of any amount as estimated by the Township Engineer fairly representing the value of the improvements completed, or, if the governing body 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 completion and certification by the Township engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
11. 
At such a time as 90% of the lots in the subdivision have been improved as set forth above, or in at the expiration of three years from the date all of the improvements excepting the surface course have been completed if less than 90% of the lots have been so improved, the Township shall notify the subdivider or developer to complete the surface course within the sixty-day requirement; the period from October 1 to April 1 shall not be counted. If, at the time the surface course is completed, 90% of the lots are not improved as set forth above, the subdivider or developer must:
A. 
Post with the Township a cash bond in an amount equal to 15% of the reasonable cost of the surface course as security to guarantee that damages to the road or street would not occur during the completion of the improvements on the unimproved lots in such subdivider's or developer's subdivision. The Township shall hold such cash bond and utilize it to pay for the repair of any damage occurring to the road during the period between the commencement of improvements on any particular unimproved lot and the completion of such improvement, irrespective of whether or not it can be established that the damage to the road was caused by contractors or other persons working in and about the construction of such improvements; or
B. 
Present to the Township agreements signed by the owners of all of such unimproved lots pursuant to which they will agree to pay to the Township the cost of repairing any damage occurring to roads in such subdivision during the period between the commencement of work on improvements to their lot and the completion of such improvements, irrespective of whether or not it can be established that such damage was caused by contractors or other persons involved in the improvement of their respective lot.
C. 
Irrespective of the provisions of this section, the subdivider or developer must, within the 60 days next following the sale of a lot, or the issuance of a building permit to permit construction on such lot, whichever first occurs:
(1) 
Complete the pavement base of the streets shown on the final plan as providing the lot access to a public street or road. (If the plan provides more than one means of access to the lot in question, only one such means of access is required to be improved pursuant to this section.)
(2) 
Complete all stormwater management facilities which are intended by the final plan to handle the stormwater runoff from the lot.
12. 
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 plan 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.
13. 
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 the 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.
14. 
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of the plan as set forth in this section, the 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 plan upon actual completion of the improvements depicted upon the approved 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 mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the lot or lots in question if such improvements as depicted upon the approved plan, either upon the lot or lots or beyond, are necessary for the reasonable use of or occupancy of the building or buildings.
[Ord. No. 2010-09, 8/4/2010]
1. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, if posted, or hand-delivered, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall thereupon file a report, in writing, with the 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 Township 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 Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
2. 
All improvements shall not be considered complete until the measures taken in compliance with applicable sections of Parts 5, 6 and 7 of this chapter, as well as measures taken to control erosion, are in fact sufficient to prevent erosion of banks and drainageways.
3. 
The Board of Supervisors shall notify the developer, within 15 days of receipt of the Township Engineer's report, in writing, by certified or registered mail, of the action of said Board of Supervisors with relation thereto.
4. 
If the Board of Supervisors or the Township 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 bond or other security agreement.
5. 
If any portion of the said improvements shall not be approved or shall be rejected by the 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.
6. 
Nothing herein, however, shall be construed in limitation of the developer's right to contest or question, by legal proceedings or otherwise, any determination of the Board of Supervisors or the Township Engineer.
7. 
Where herein reference is made to the Township Engineer, he shall be a duly registered professional engineer employed by the Township or engaged as a consultant thereto.
8. 
The subdivider or 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 a part of the Township highway system.
9. 
The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement will be based upon a schedule established by resolution.
[Ord. No. 2010-09, 8/4/2010]
In the event that any improvements, which may be required, have not been installed as provided in this chapter or in accord with the approved final plat, the Board of Supervisors is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If 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 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.