A.
Article VI of this Part 1 of this chapter of the Code provides the procedural requirements and general provisions for contracts, municipal improvement agreements, dedication of municipal improvements and maintenance guarantees, as well as all other contributions or fees that may be required as a result of a subdivision or land development application within Muhlenberg Township.
B.
The provisions established under Article VI shall be subject to the interpretation of the Muhlenberg Township Board of Commissioners, Planning Commission and/or Engineer. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal with the Board of Commissioners. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the applicant or person appealing the interpretation of the Muhlenberg Township Board of Commissioners, Planning Commission and/or Engineer.
C.
Where the provisions
of this chapter conflict with the specific provisions of the Pennsylvania
Municipalities Planning Code, the specific provisions of the Pennsylvania
Municipalities Planning Code[1] shall be complied with, unless otherwise directed by the
Board of Commissioners.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
No subdivision or land development plan shall be granted final approval unless the streets, curbs, gutters, sidewalks, walkways, streetlights, water mains, sanitary sewers, fire hydrants, storm sewers, stormwater management facilities, shade trees, buffer or screen plantings, recreational facilities, open space improvements and other infrastructure improvements as required by this Part 1 of this chapter of the Code have been provided and installed in accordance with this chapter of the Muhlenberg Township Code.
B.
In lieu of the completion of any improvements which may be required as a condition for the final approval of the subdivision or land development plan, including improvements and fees required by this Part 1 of this chapter of the Code, the applicant shall deposit with Muhlenberg Township an amount as hereinafter calculated to cover the costs of such required improvements or common amenities, including but not limited to streets, curbs, gutters, walkways, streetlights, water mains, sanitary sewers, fire hydrants, storm sewers, stormwater management facilities, shade trees, buffer or screen plantings, recreational facilities, open space improvements and other required improvements.
C.
When requested
by the applicant to facilitate financing, the Board of Commissioners
shall furnish the applicant with a signed copy of a resolution indicating
approval of the final plan contingent upon the applicant obtaining
satisfactory financial security and executing a development agreement.
D.
The final plan
shall not be signed nor recorded until the financial security is tendered
and a development agreement is executed. The resolution or letter
of contingent approval shall expire and be deemed to be revoked if
the financial security is not tendered and the development agreement
is not executed within 90 days of the date of the resolution or contingent
approval. The Board of Commissioners may, at its discretion, grant
a written extension, which shall be placed in writing at the request
of the applicant.
E.
In addition to
cash deposits and escrow accounts, federal- or commonwealth-chartered
lending institution irrevocable letters of credit extending for a
term of one year beyond completion of all improvements and restrictive
or escrow accounts in such lending institution shall be deemed acceptable
financial security for the purposes of securing the completion of
the required improvements. Such financial security shall be posted
with Muhlenberg Township by a bonding company or federal- or commonwealth-chartered
lending institution chosen by the applicant, provided such bonding
company or lending institution is authorized to conduct business within
the Commonwealth of Pennsylvania. 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.
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 applicant
and all administrative and engineering inspections, fees, costs and
expenses.
G.
Muhlenberg Township
may adjust the amount of the financial security on an annual basis,
by comparing the actual cost of the improvements which have been completed
and the estimated cost for 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, Muhlenberg Township shall require the applicant
to post additional security in order to assure that the financial
security equals the 110% and administrative and engineering costs
as specified above. Any additional security shall be posted by the
applicant.
H.
The amount of
required financial security shall be based upon an estimate of the
cost of completion and inspection of the required improvements submitted
by the 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 all such
costs.
I.
Muhlenberg Township,
upon the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or applicants
and Muhlenberg Township are not able to agree upon an estimate, then
the estimate shall be recalculated and certified by another professional
engineer licensed as such in the commonwealth and chosen mutually
by Muhlenberg Township and the applicant or applicants. The estimate
certified by the third engineer shall be presumed fair and reasonable.
J.
If the applicant
requires more than one year from the date of posting the financial
security to complete the required improvements, the amount of financial
security shall be increased by an additional 10% for each one-year
period or portion thereof beyond the first anniversary date from posting
of financial security or to an amount not exceeding 110% of the cost
of completion and inspection of the required improvements as reestablished
on or about the expiration of the preceding one-year period by using
the procedure described above.
K.
In the case where
development is projected over a period of years, Muhlenberg Township
may at its discretion authorize approval of final plans by sections,
stages or phases of development with the understanding that no sale
of lots and no work within the areas reserved from development may
commence until the required contracts are signed and the financial
security posted with respect to those areas reserved from development.
Muhlenberg Township shall also have the right to impose additional
requirements and conditions in connection with the phases as they
are approved so as to assure that each section or phase will not be
dependent for access or other improvement or common amenity upon completion
of improvements in the subsequent phase or stage.
L.
As the work of
installing the required improvements proceeds, the party posting the
financial security may request the Board of Commissioners to release
or authorize the release, from time to time, of such portions of the
financial security. Any such request shall be in writing addressed
to the Board of Commissioners, and the Board of Commissioners shall
have 45 days from receipt of such request within which the Muhlenberg
Township Engineer shall certify, in writing, to Muhlenberg Township
whether such portion of the improvements has been completed in accordance
with the approved plan and applicable specifications.
M.
Upon certification
of completion, Muhlenberg Township shall authorize release by the
bonding company or lending institution of an amount as estimated by
Muhlenberg Township Engineer fairly representing the value of the
improvements completed or, if Muhlenberg Township fails to act within
said forty-five-day period, Muhlenberg Township shall be deemed to
have approved the release of funds as requested.
N.
Muhlenberg Township
shall, prior to release at the time of completion and certification
by Muhlenberg Township Engineer, require retention of 15% of the estimated
cost of the required improvements.
A.
The Board of
Commissioners shall, at its discretion, accept a part or all of the
required improvements if satisfied that the applicant has complied
with the approved plan and all specifications and ordinances of Muhlenberg
Township.
B.
The applicant
shall furnish Muhlenberg Township with legal descriptions for all
roads and easements. In addition, the applicant shall provide two
complete sets of prints of the completed required improvements, including
drainage profiles and utilities, and pay all costs for the Clerk of
Courts and Recorder of Deeds of Berks County regarding the petition
and resolution of the Board of Commissioners for its acceptance of
the required improvements and any deed of dedication for the same.
C.
Unless permitted
by Muhlenberg Township, no roads or other subsequent improvements
will be accepted by Muhlenberg Township during the period from November
1 to April 1 of each calendar year.
A.
Where Muhlenberg
Township accepts dedication of all or some of the required improvements
following completion, Muhlenberg Township shall 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 standards and specifications as shown on the final plan.
B.
The maintenance
period shall be 18 months from the date of acceptance of dedication.
The financial security shall be of the same type as described previously
in this part of this chapter of the Code. The amount of financial
security for maintenance shall be 15% of the actual cost of the installation
of said improvements.
A.
If municipal
sanitary sewage disposal facilities and/or municipal water supply
facilities are to be installed under the jurisdiction and pursuant
to the rules and regulations of a municipal authority separate and
distinct from Muhlenberg Township, financial security to assure proper
completion and maintenance thereof shall be posted in accordance with
the regulations of the Muhlenberg Township Authority and shall not
be included within the financial security as otherwise required by
Muhlenberg Township.
B.
If basic public
utilities (electric, natural gas, cable television, and telephone)
are to be installed under the jurisdiction and pursuant to the rules
and regulations of a public utility and distinct from Muhlenberg Township,
financial security to assure proper completion and maintenance thereof
shall be posted in accordance with the regulations of the controlling
public utility providing service and shall not be included within
the financial security as otherwise required by Muhlenberg Township.
A.
When the applicant
has completed all of the necessary and appropriate improvements, the
applicant shall notify Muhlenberg Township, in writing, by certified
or registered mail, of the completion of the required improvements
and shall send a copy thereof to the Muhlenberg Township Engineer.
Pursuant to the provisions of the Pennsylvania Municipalities Planning
Code and Muhlenberg Township Code, the Muhlenberg Township Engineer
shall inspect all of the required improvements.
B.
The Muhlenberg
Township Engineer shall, thereupon, file a report, in writing, with
Muhlenberg Township and shall promptly mail a copy of the same to
the applicant by certified or registered mail. The report shall be
made and mailed within 30 days after receipt by the Muhlenberg Township
Engineer of the aforesaid authorization from Muhlenberg Township,
and said report shall be detailed and shall indicate approval or rejection
of said improvements or any portion thereof. If the improvements are
not approved or shall be rejected by the Muhlenberg Township Engineer,
said report shall contain a statement of reasons for such nonapproval
or rejection. Muhlenberg Township shall notify the applicant, within
15 days of receipt of the Engineer's report, in writing, by certified
or registered mail, of the action of Muhlenberg Township with relation
thereto.
C.
If Muhlenberg Township or the Muhlenberg Township Engineer fails to comply with the time limitation provisions contained within this Part 1 of this chapter of the Code, all improvements will be deemed to have been approved, and the applicant shall be released from liability for installation, pursuant to its performance guarantee bond or other security agreement, but shall be liable for and shall provide a maintenance guarantee as otherwise provided for herein.
D.
If any portion of said improvements shall not be approved or shall be rejected by Muhlenberg Township, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification as outlined within this Part 1 of this chapter of the Code shall be followed.
E.
The applicant
shall reimburse Muhlenberg Township for the reasonable and necessary
expenses incurred for the inspection of improvements. Such fees shall
be based on a fee schedule adopted by resolution of the Board of Commissioners.
F.
In the event
that any required improvements have not been installed as provided
for in these regulations or in accordance with the approved final
plan, Muhlenberg Township shall have 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, Muhlenberg Township may,
at its option, install part of or all such improvements in the subdivision
or land development and may institute appropriate legal action to
recover the monies necessary to complete the remainder of the improvements.
G.
In addition to
the posting of security, the applicant shall be required to enter
into a contract with Muhlenberg Township, in a form acceptable to
the Muhlenberg Township Solicitor, covering the completion of the
required improvements. The contract shall also provide for engineering
inspections, insurance and reimbursement of expenses to Muhlenberg
Township, procedure upon default, and other subjects deemed necessary
by the Muhlenberg Township Solicitor to ensure proper and reasonable
development of the land.
A.
The Muhlenberg Township Board of Commissioners has established by municipal resolution or ordinance a fee schedule for the submission and processing of all applications pertaining to this Part 1 of this chapter of the Code. The proposed application shall not be considered by Muhlenberg Township until all pertinent fees are paid in full. All such fees shall be utilized to pay for all administrative costs as well as all review fees for any professional consultants designated by Muhlenberg Township, as authorized by law.
B.
The Board of
Commissioners may alter or change the schedule of the fees by resolution
in accordance with the appropriate provisions established within the
Muhlenberg Township Code and the Pennsylvania Municipalities Planning
Code.
C.
All other fees
and contributions that may be required for transportation improvements,
recreation facilities, community facilities and/or other infrastructure
improvements shall be paid by the applicant prior to final approval
of the subdivision or land development plan.
