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(A) General provisions.
(1) When requested by the developer, in order to facilitate financing, the governing body or the planning agency, if designated, shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat 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 governing body; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
(2) Without limitation as to other types of financial security which the municipality 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.
(3) Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the part posting the financial security, provided that said bonding company or lending institution is authorized to conduct such business within the commonwealth.
(4) 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 or approval or accompanying agreement for completion of the improvements.
(5) 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 developer. Annually, the municipality 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 ninetieth day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the municipality 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 division (A)(5).
(6) The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, in accordance with applicable prevailing wage rates for the state, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The cost estimate shall separate the costs of all improvements to be dedicated to the township (for GASB 34 compliance) from those improvements not to be dedicated. The municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the municipality 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 municipality and the applicant or developer.
(7) 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.
(8) In the case where development is projected over a period of years, the governing body or the planning agency may authorize submission of final plats by section or stages of development subject to such requirements or guaranties as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
(9) As the work of installing the required improvements proceeds, the party posting the financial security may request the governing body 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 Municipal Engineer to certify, in writing, to the governing body that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the governing body shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the improvements completed or, if the governing body fails to act within said 45-day period, the governing body shall be deemed to have approved the release of funds as requested. The governing body may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
(10) Where the governing body accepts dedication of all or some of the required improvements following completion, the governing body 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 plat 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.
(11) 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 municipality, 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.
(12) If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this chapter, the municipality 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 plat upon actual completion of the improvements depicted upon the approved final plat. 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 approved plat, 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. Any ordinance or statute inconsistent herewith is hereby expressly repealed.
(B) Release from improvement bond.
(1) When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the municipal governing body, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The applicant’s engineer shall certify that all completed work complies with the approved plans. The municipal governing body shall, within ten days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall, thereupon, file a report, in writing, with the municipal governing body 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 Municipal Engineer of the aforesaid authorization from the governing body; said report shall be detailed and shall indicate acceptance or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be accepted or shall be rejected by the Municipal Engineer, said report shall contain a statement of reasons for such non-approval or rejection.
(2) The municipal governing body shall notify the developer within 15 days of receipt of the Engineer’s report, in writing, by certified or registered mail, of the action of said municipal governing body with relation thereto.
(3) If the municipal governing body or the Municipal Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been accepted and the developer shall be released from all liability except that required under division (A)(10) above, pursuant to its performance guaranty bond or other security agreement.
(4) If any portion of said improvements shall not be accepted or shall be rejected by the municipal governing body, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
(5) 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 municipal governing body or the Municipal Engineer.
(6) Where herein reference is made to the Municipal Engineer, he or she shall be a duly registered professional engineer employed by the municipality or engaged as a consultant thereto.
(7) The applicant shall reimburse the municipality for the reasonable and necessary expense incurred for the inspection of improvements, including resident inspection for those improvements as determined by the township. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Municipal Engineer or 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 Engineer or consultant to the municipalities when fees are not reimbursed or otherwise imposed on applications.
(a) In the event that the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 30 working days of the date of billing, give written notice to the municipality that such expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objection to the fees charged, in which case the municipality shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant’s request over disputed engineer expense. Failure of the applicant to dispute a bill in writing within 30 days shall be a waiver of the applicant’s right to arbitration of that bill under this section.
(b) If, within 20 days from the date of billing, the municipality and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and municipality shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the commonwealth to review said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(c) The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(d) In the event that the municipality and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the municipality is located (or if at the time there is no President Judge, then the senior active Judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Municipal Engineer nor any professional engineer who has been retained by, or performed services for, the municipality or the applicant within the preceding five years.
(e) The fee of the appointed professional engineer, for determining the reasonable and necessary expenses, shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the municipality shall pay the fee of the professional engineer, but otherwise the municipality and the applicant shall each pay one-half of the fee of the appointed professional engineer.
(C) Remedies to effect completion improvements. 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 governing body of the municipality 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 governing body of the municipality 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.
(Ord. 2-2011, passed 10-6-2011)
(A) Within 90 days from the submission of the final plan, the Township Board of Supervisors shall review and act on the plan and notify the applicant in writing of its action. On finding the final plan application to be in accordance with the requirements of this chapter and for compliance with the approved preliminary plan, the Township Board of Supervisors shall affix its seal on the plan together with the certifying signature of the Chairperson. Where modifications of the final plan are requested or the plan is disapproved, the grounds for these actions must be stated in the notification and noted in the Township Board of Supervisors’ records.
(B) Based on a thorough review of the details of the final plan, the township shall approve; approve with conditions, revisions or modifications; or disapprove the application; render its decision; and communicate its decision to the applicant within 90 days after the date the final plan application was filed. The Township Board of Supervisors shall notify the applicant in writing of its decision no later than 15 days following the decision. The approval of the final plan by the Township Board of Supervisors shall not be deemed an acceptance of the proposed dedication and shall not impose any duty on any of the municipalities of the county concerning the maintenance or improvements of any such street, highway, alley or other portions of the same, until the municipality in which the subdivision is located shall have accepted or made actual appropriation of the same by entry, use or improvement. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.
(Ord. 2-2011, passed 10-6-2011)
All applications for approval of a plat, whether preliminary or final, shall be acted upon by the governing body within such time limits as may be fixed in this chapter, but the governing body shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the governing body next following the date the application is filed, provided that should said next regular meeting occur more than 30 days following the filing of the application, said 90-day period shall be measured from the thirtieth day following the day the application has been filed.
(A) The decision of the governing body or the planning agency shall be in writing and shall be communicated to the applicant personally or mailed to him or her at his or her last known address not later than 15 days following the decision.
(B) When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.
(C) Failure of the governing body to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an 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 of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(D) Changes in the chapter shall affect plats as follows.
(1) From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provision of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application 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 plat, 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.
(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 the 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 plat 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 plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.
(5) In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such a schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat 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, that the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner’s aforesaid schedule of submission of final plats for the various sections, the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat 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 final plats for the various sections shall subject any such section to any and all changes in the zoning, subdivision and other governing ordinance enacted by the municipality subsequent to the date of the initial preliminary plan submission.
(E) Before action on any subdivision plat by the Board of Supervisors, the applicant shall state that all rights-of-way, streets, sewer and water facilities and other public improvements shall be certified by a licensed engineer to have been completed in accordance with the approved plans.
(F) Before acting on any subdivision plat, the governing body or the planning agency, as the case may be, may hold a public hearing thereon after public notice.
(Ord. 2-2011, passed 10-6-2011)
Upon the approval of a final plat, the subdivider/developer shall within 90 days of such final approval or 90 days after the date of delivery of an approved plat signed by the governing body, following completion of conditions imposed for such approval, whichever is later, record such plat in the office of the County Recorder of Deeds and file with the township a recorder’s certificate that the approved plan has been recorded with the instrument number indicated. If the applicant fails to have the plan recorded, the decision of the Township Board of Supervisors is voided unless the applicant has obtained a written extension of time approved in writing by the township. The applicant shall proceed with the sale of lots and structures only after the final plan has been recorded with the County Recorder of Deeds. Recording the final plan shall be an irrevocable offer to dedicate all streets and other public ways to public use and to dedicate or reserve all park, open space and other public areas to public use unless reserved by the applicant. The approval of the final plan shall not impose any duty on the Board of Supervisors or the township concerning maintenance or improvements by ordinance or resolution.
(Ord. 2-2011, passed 10-6-2011)
PLAN REQUIREMENTS
After the effective date of this chapter, no person, firm or corporation proposing to make or having made a subdivision or land development, within the area of jurisdiction of this chapter, shall proceed with any development, such as grading of roads or alleys or any other action, before obtaining approval of the proposed subdivision or land development by the Township Board of Supervisors. The provisions and requirements of this chapter shall apply to and control all land subdivision and development which has not been recorded in the office of the Recorder of Deeds in and for the county, prior to the effective date of this chapter.
(Ord. 2-2011, passed 10-6-2011)
Before preparing a sketch plan or preliminary plan for a subdivision or land development, the applicant should discuss with the township the procedure for adoption of a subdivision or land development plan and the requirements as to the general layout of streets and for the reservation of land, street improvements, drainage, sewerage, fire protection and similar matters, as well as the availability of existing services. The township shall also advise the applicant, where appropriate, to discuss the proposed subdivision or land development with those officials (such as the Soil Conservationist, Township Engineer and Sewage Enforcement Officer) who must eventually approve these aspects of the subdivision or land development plan coming within their jurisdiction.
(Ord. 2-2011, passed 10-6-2011)
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