If an applicant intends to develop land in phases, the preliminary
plan submission shall encompass the entire land area proposed for
development and shall serve as a master plan.
A. Schedule for phases. The preliminary plan shall include a schedule
for the submission of final plans for each section.
(1) The schedule shall be updated annually on or before the anniversary
of the preliminary plan approval until the final plan for the final
section has been approved.
(2) Any modifications in the schedule as first presented may be reviewed
and approved at the discretion of the Municipality.
B. Final plans for phases. Following approval of the preliminary plan
for the entire land area, final plans may be submitted for each section.
(1) If the final plan for a section of a phased development differs from
the approved preliminary plan in number of lots or buildings, intensity
of development, preservation of environmental features, open space,
traffic characteristics, transportation facilities, or other substantive
component, then an entirely new preliminary plan may be required for
that section and for any other sections or components of development
that may be affected by the proposed changes.
(2) Each section of a phased residential development except the last
section shall contain at least 25% of the total number of dwellings
depicted on the preliminary plan or, in the discretion of the Municipality,
such other percentage needed to ensure an acceptable living environment
for residents while development is ongoing.
(3) Provided the applicant has complied with all provisions of the approved
preliminary plan, including adherence to the schedule for submission
of final plans for various sections, the right of the applicant to
complete construction in accordance with county and Municipal regulations
at the time of the first approval shall be extended beyond the five-year
period, for sections beyond the initial section, for an additional
term of three years from the date of final approval of each section.
(4) Failure of the applicant to comply with the schedule for submission
of final plans for the various sections shall subject any such section
to all changes in land use ordinances or other applicable Municipal
ordinances enacted after the date of filing of the preliminary plan.
No plat shall be finally approved for recording until all required
improvements have been constructed or until financial security has
been deposited to guarantee the construction of improvements.
A. Construction of improvements prior to final approval and recording
of the plan. If the applicant chooses to construct improvements prior
to final approval and recording of the plat, the applicant may proceed
to do so when all of the following requirements have been met:
(1) All other components of the application for final approval have been
approved by the Municipality;
(2) All necessary permits and approvals from other agencies have been
obtained;
(3) Construction drawings for all improvements have been approved by
the Municipal Engineer and the Municipality;
(4) A development agreement between the applicant and the Municipality,
which is in accordance with applicable provisions of the MPC and acceptable
to the Municipal Solicitor, has been executed, which specifies procedures
and responsibilities for construction, inspection, and approval of
all improvements.
B. Deposit of financial security to guarantee construction of improvements.
If improvements are required and the applicant proposes to construct
them after final approval and recording of the plan, financial security
shall be deposited with the Municipality in an amount sufficient to
cover the costs of all public improvements and common amenities, including
but not limited to roads, stormwater management facilities, recreation
facilities, open space improvements, and required buffer or screen
plantings.
(1) The amount and form of the financial security shall be as specified
in the MPC.
(2) When requested by the applicant, in order to facilitate financing,
and provided that all other requirements for final approval have been
met, the Municipality shall furnish the applicant with a letter indicating
approval of the final plat contingent upon the applicant obtaining
a satisfactory financial security. The letter of contingent approval
shall expire within 90 days unless an extension is granted by the
Municipality.
(3) A copy of an executed development agreement, in a form approved by
the Municipal Solicitor and consistent with the MPC, shall be submitted
to the Municipality, which specifies all agreements between the applicant
and the Municipality for the conduct of development activities, construction
of improvements, inspection by the Municipal Engineer, establishment
and payment of inspection fees, release of financial security upon
satisfactory completion of improvements, and any other matters of
concern to the Municipality.
(4) If water mains or other utilities are to be installed under the jurisdiction
of a public utility or Municipal Authority distinct from the Municipality,
financial security shall be posted to assure proper completion and
maintenance thereof in accordance with the regulations of the public
utility and shall not be included within the financial security otherwise
required.
(5) Financial security shall not be required 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."
If the Municipality intends to accept dedication of any improvements
after their completion, the developer shall post financial security,
if requested by the Municipality, to guarantee the structural integrity
and proper functioning of the improvements for a period of 18 months
from the date of acceptance by the Municipality.
A. Acceptable security. The financial security shall be of the same
type as required by the MPC to guarantee the construction of improvements.
B. Amount of security. The financial security shall not exceed 15% of
the actual cost of installation.