A.
Before approving any subdivision plan, the Board of
Supervisors shall require a written agreement that necessary grading,
paving and street improvements, sidewalks, streetlights, fire hydrants,
water mains and sanitary sewers, as may be required by the Township,
shall be installed by the subdivider in strict accordance with the
design standards and specifications of the Township, within a specified
time period. Such agreement shall be prepared by the Township Solicitor
at the expense of the developer.
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 satisfactory financial security.
The final plat shall not be signed nor recorded until the financial
improvements agreement is executed. If within 90 days, unless written
extension is granted by the Board of Supervisors, the financial improvement
agreement is not executed, then the resolution or letter of contingent
approval shall expire.
[Amended 9-9-2013 by Ord.
No. 184]
The Board of Supervisors shall ensure, through
receipt of certificates of compliance submitted and attested by the
Township Engineer, that required improvements have been installed
according to the specifications of the final plat or alternately require
the posting of adequate surety to cover the cost for such improvements.
The Board of Supervisors shall approve one of the following alternatives
for guaranteeing compliance with the requirements of this section
for the subdivider requesting final approval of a plat. Final approval
of a plat shall not be granted until the surety required is fully
provided. 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 subdivider. The amount estimated shall be prepared
by a licensed professional engineer for submittal to the Township
by the applicant or subdivider. If the amount of the estimated financial
security is contested by the Township of Brighton Engineer, a third
licensed professional engineer chosen mutually by the applicant or
subdivider and the Township shall estimate the amount of financial
security necessary, which estimate shall be presumed fair and reasonable.
Fees for the services of the third engineer shall be paid equally
by the Township and the applicant or subdivider.
A.
Completion of improvements prior to final approval.
Prior to final plat approval, the subdivider shall complete, in a
manner satisfactory to the Board of Supervisors and the Township Engineer,
all improvements required in these regulations specified in the final
subdivision plat and as approved by the Board of Supervisors and shall
dedicate the same to the Township in accordance with these regulations.
Final plat approval shall not be granted until the dedication of said
improvements has been accepted by the Board of Supervisors.
B.
Guaranty of future performance. In lieu of requiring
the completion of all improvements prior to final plat approval, the
Township may, at its discretion, enter into a contract with the subdivider
whereby the subdivider shall guarantee to complete all improvements
required by this part or otherwise specified by the Board of Supervisors
in a manner satisfactory to the Board of Supervisors. To secure this
contract, the subdivider shall provide, subject to the approval of
the Board of Supervisors, one of the following guaranties:
(1)
Surety bond. The subdivider shall obtain a surety
bond from a surety bonding company authorized to do business in the
State of Pennsylvania. The bond shall be payable to the Township and
shall be in an amount sufficient to cover the entire cost, as estimated
by the Township Engineer, as herein provided, for the installation
of all improvements, plus 10%. The duration of the bond shall be until
such time as the improvements are accepted by the Township in accordance
with the requirements of this part.
(2)
Escrow account. The subdivider shall deposit cash
or other instruments readily convertible into cash at face value,
either with the Township or in escrow with a bank. The form of any
instruments other than cash and, in the case of an escrow account,
the bank with which the funds are to be deposited shall be subject
to the approval of the Township Solicitor. The amount of the deposit
shall be at least equal to the cost, as estimated by the Township
Engineer, of installing all required improvements, plus 10%. In case
of an escrow account, the subdivider shall file with the Board of
Supervisors an agreement between the financial bank and himself guaranteeing
the following:
(a)
That the funds of said escrow account shall
be held in trust until released by the Board of Supervisors and may
not be used or pledged by the subdivider as security in any other
matter during the period; and
(b)
That in the case of a failure on the part of
the subdivider to complete said improvements, the bank shall immediately
make the funds in said account available to the Township for use in
the completion of those improvements.
(3)
Irrevocable letter of credit. An irrevocable letter
of credit in an amount equal to the cost of all required improvements,
as estimated by the Township Engineer, plus 10%, shall be posted naming
the Township Board of Supervisors as beneficiaries. The financial
institution which provides the irrevocable letter of credit shall
be first approved by the Township Board of Supervisors. Failure on
the part of the subdivider to complete said improvements shall cause
the funds posted as an irrevocable letter of credit to be more available
to the Township upon written notice of a claim against said funds.
A.
When the developer has completed all of the required
improvements, the developer shall notify the Board of Supervisors,
in writing, by certified or registered mail, of the completion of
the required improvements and shall send a copy to the Township Engineer.
B.
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.
C.
The Board of Supervisors shall notify the developer,
in writing by certified or registered mail, within 15 days of receipt
of the engineer's report of the action of said Board of Supervisors
with relation thereto.
D.
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
guaranty bond.
E.
If any portion of the required 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.
F.
Nothing herein, however, shall be construed in limitation
of the subdivider's or developer's right to contest or question, by
legal proceedings or otherwise, any determination of the Board of
Supervisors or the Township Engineer.
G.
The applicant shall reimburse the 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 resolution. Such expense shall be reasonable
and in accordance with the ordinary and customary fees charged by
the 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 the Township
for comparable services when fees are not reimbursed or otherwise
imposed on applicants.
[Amended 9-9-2013 by Ord.
No. 184]
(1)
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 100 days after the date of transmittal of a bill for inspection
services, notify the Township and the Township's professional consultant
that such inspection expenses are disputed as unreasonable or unnecessary
and shall explain the basis of their objections to the fees charged.
The 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 100 days shall be a waiver of the applicant's right
to arbitration of that bill under this section.
(2)
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, which the Board of Supervisors shall submit
to the applicant. The final bill shall include inspection fees incurred
through the release of financial security.
(3)
If the professional consultant and the applicant cannot
agree on the amount of expenses which are reasonable and necessary,
then the applicant shall have the right, within 100 days of the transmittal
of the final bill or supplement to the final bill to the applicant,
to request the appointment of another professional consultant to serve
as an arbitrator. The applicant and the professional consultant whose
fees are being challenged shall, by mutual agreement, appoint another
professional consultant to review any bills the applicant has disputed
and which remain unsolved and make a determination as to the amount
thereof which is reasonable and necessary. The arbitrator shall be
of the same profession as the professional consultant whose fees are
being challenged.
(4)
The arbitrator so appointed shall hear such evidence
and review such documentation as the arbitrator in his or her sole
opinion deems necessary and shall render a decision no later than
50 days after the date of appointment. Based on the decision of the
arbitrator, the applicant or the professional consultant whose fees
were challenged shall be required to pay any amounts necessary to
implement the decision within 60 days. In the event the Township has
paid the professional consultant an amount in excess of the amount
determined to be reasonable and necessary, the professional consultant
shall within 60 days reimburse the excess payment.
(5)
In
the event the Township's professional consultant and the applicant
cannot agree upon the arbitrator to be appointed within 20 days of
the request for appointment of an arbitrator, then, upon application
of either party, the President Judge of the Court of Common Pleas
of the judicial district in which the Township is located (or if at
the time there be no President Judge, then the senior active judge
then sitting) shall appoint such arbitrator, who, in that case, shall
be neither the Township's professional consultant nor any professional
consultant who has been retained by, or performed services for, the
Township or the applicant within the preceding five years.
(6)
The
fee of the arbitrator shall be paid by the applicant if the disputed
fee is upheld by the arbitrator. The fee of the arbitrator shall be
paid by the charging party if the disputed fee is $2,500 or greater
than the payment decided by the arbitrator. The fee of the arbitrator
shall be paid in an equal amount by the applicant and the charging
party if the disputed fee is less than $2,500 of the payment decided
by the arbitrator.
(7)
In
the event that the disputed fees have been paid and the arbitrator
finds that the disputed fees are unreasonable or excessive by more
than $10,000, the arbitrator shall:
(8)
The
Township or an applicant shall have 100 days after paying a fee to
dispute any fee charged as being unreasonable or excessive.
H.
At the time of final approval and prior to the issuance
of any required Township permit, a ten-percent deposit shall be made
by the applicant with the Township for the costs of review and inspection
where public utilities and facilities are proposed. Said 10% shall
be calculated as 10% of the total costs of installation of said public
utilities and facilities. Any funds unexpended at the time of acceptance
of the aforementioned public utilities and facilities shall be returned
to the applicant.
A.
In the event that any improvements which may be required
have not been constructed and installed as provided for in the written
agreement, this part and the requirements of the Board of Supervisors
or in accord with the approved final plan, the Board of Supervisors
shall enforce any corporate bond or other security by appropriate
legal and equitable remedies.
B.
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.
C.
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.
A.
Before the Township Engineer shall issue to the Board
of Supervisors a written certification that all improvements specified
and required have been satisfactorily completed in accordance with
the agreement and requirements relative to the land development and
in compliance with the specifications, standards, ordinances and requirements
of the Township, the subdivider or developer shall be required to
deposit with the Township a corporate maintenance bond, in such amount,
under such conditions, in such form and with approved surety as shall
be required by the Board of Supervisors. The maintenance bond shall
guarantee the repairs and maintenance by the subdivider or developer
of the streets, roads, pavement, sidewalks, curbs, gutters, stormwater
drains and facilities, sanitary sewer and facilities and any other
improvements constructed and installed in the subdivision or development,
for a period of 18 months from the date of final and official acceptance
of the above said improvements and facilities by the Board of Supervisors.
The amount of the maintenance bond shall not exceed 15% of the actual
cost of installation of said improvements.
B.
The repairs and maintenance required to be performed
by the subdivider or developer shall extend only to making good any
inherent defects which become manifested in the materials and workmanship
under ordinary conditions and shall not be held to cover any breakage
or damage caused by improper use or by accident resulting from circumstances
over which the subdivider or developer has no control.
Upon completion of the inspection and approval
of the public improvements, the developer shall submit a request to
the Board of Supervisors, in writing, to accept the dedication of
the public improvements. The request for acceptance shall include
deeds of dedication and all other legal descriptive documents necessary
to prepare a resolution or ordinance and shall be submitted at least
20 days prior to the regular meeting of the Board of Supervisors.
At the regular meeting, the Board of Supervisors shall enact a resolution
or ordinance accepting the public improvements as part of the Township's
public facilities, subject to the posting of the maintenance bond
required by this part.
Prior to the end of the eighteen-month period
when the maintenance bond expires and before the maintenance bond
is released, the Township Engineer shall make a final inspection and
certify in writing to the Board of Supervisors that all the public
improvements are in good order. If any repairs are required or maintenance
needed, the subdivider shall be notified in writing and such repairs
or maintenance shall be done and approved prior to certification by
the Township Engineer.
The applicant shall be responsible from the
time there is at least one occupant in the proposed development to
plow snow on development roads as may be necessary to provide ingress
and egress to the occupants at the applicant's cost, prior to the
acceptance of dedicated streets. The applicant shall post with the
Township the sum of $2,500 as an escrow to provide for snow removal
prior to acceptance of dedication of the streets. The applicant simultaneously
shall present a contract with a snow removal firm indicating that
the firm has been contracted to remove snow from the development streets
within four hours after snow has stopped falling. All payments for
said snow removal shall be made from the escrow fund. In the event
that the escrow should become depleted, the applicant shall post an
additional sum of $2,500 and such further amounts as may be necessary
until such time as the dedication of the streets is accepted by the
Township. In the event that the applicant or the snow removal firm
does not perform in accordance with the contract presented, the Township
may hire contractors to perform the necessary work and pay those contractors
from the escrow fund.
A.
No road, street, land, way or related improvement
shall be accepted as a part of the highway system of the Township
or for maintenance unless opened, laid out, graded and improved in
strict accordance with the standards and regulations of the Township.
The requirements, specifications and standards of construction, material
and appurtenances as designated herein are considered as minimum and
the Board of Supervisors may as it deems advisable revise said specifications
and requirements to secure a higher standard of improvements and community
development.
B.
No stormwater drainage facilities, sanitary sewer
and sewage treatment facilities, water supply and water distribution
system and facilities or any other facilities or improvements will
be accepted as a part of the Township's facilities for operation and
maintenance unless designed and constructed in strict compliance with
all the standards, specifications, rules, regulations, ordinances
and requirements of the Township.
A.
Upon approval of this final plat, the subdivider or
developer shall within 60 days of such final approval deliver to the
Township offices the following plats and documents for Township signatures:
(1)
One original linen or Mylar and two duplicate Mylars
and six prints.
(2)
Four sets of prints of the preliminary construction
drawings and supporting documents.
B.
At the time of submittal of the plans and documents
as specified in this section, the developer shall pay to the Township
a fee equal to the prevailing fee of the Beaver County Recorder of
Deeds for recording the original plat and any homeowners' association
documents required to be recorded in such office, plus a fee for all
municipal services rendered as set forth and the appropriate fee ordinances.
C.
Upon recording of plats and homeowners' association
documents, the Township shall apprise the subdivider or developer
of the official filing date as well as the appropriate recording reference
data and make available one duplicate Mylar plat and one set of approved
construction drawings plus a copy of the homeowners' association documents.
D.
After an approved subdivision plan shall have been
officially recorded, the streets, parks and other public improvements
shown thereon shall be considered to be a part of the official plan
of the Township.
E.
Streets, parks and other public improvements shown
on a subdivision plan to be recorded may be offered for dedication
to the Township by formal notation thereof on the plan or the owner
may note on such plan that any improvements have not been offered
for dedication to the Township.
F.
Every street, park or other improvement shown on a
subdivision plan shall be deemed to be a private street, park or improvement
until such time as the same shall have been offered for dedication
to the Township and accepted by ordinance or resolution or until it
shall have been condemned for use as a public street, park or other
improvement.
G.
Any single nonresidential land development, whether
occurring on one lot or on a combination of parcels under single ownership
and phased over a period of years, shall be recorded with Beaver County
as an approved site plan following completion of all contemplated
improvements and structures. The as-built drawing shall contain all
that information required by § 195-8A of the Township of
Brighton Zoning Ordinance. One Mylar drawing shall be submitted to
the Beaver County Recorder of Deeds and two paper copies filed with
the Township of Brighton.
Any subdivider aggrieved by a finding, decision
or recommendation of the Township of Brighton Planning Commission
or the Township Board of Supervisors may present additional relevant
information and request reconsideration of the original findings,
decision or recommendation upon written request within 30 days of
notification of the Planning Commission or Board of Supervisors decision
on either preliminary or final plat application.
[Amended 11-13-2001 by Ord. No. 120]
In any case where the Board of Supervisors shall
refuse to approve any plats or land developments submitted to it in
accordance with this part, any person aggrieved by the action of the
Board of Supervisors may appeal as provided by law to the Court of
Common Pleas of Beaver County, Pennsylvania.
If any road or any drainage facilities in connection
therewith shall be opened, constructed or dedicated for public use
or travel, except in strict accordance with plats approved and recorded
as herein provided, neither the Board of Supervisors nor any public
authorities shall place, construct or operate any sewer, drain, water
pipe or other facilities or do any work of any kind in or upon such
road; and neither the Township Board of Supervisors nor any other
public authorities shall have responsibility of any kind with respect
to any such road or drainage facilities, notwithstanding any use of
the same by the public; provided, however, that nothing herein contained
shall prevent the laying of trunk sewers, drains, water or gas mains,
if required by engineering necessity for the accommodating of other
territory.
