A.
Where, owing to special conditions, a literal enforcement of this
chapter and/or its accompanying regulations would result in unnecessary
hardship, the Board of Supervisors may make such reasonable exception
thereto. Proof of unnecessary hardship must be presented in writing
to the Township Planning Commission by the applicant. The Township
Planning Commission shall review the applicant's request and
submit a written report to the Board of Supervisors. The Board of
Supervisors may grant a waiver or deferral to such applicant from
such mandatory provisions, so that substantial justice may be done
and the public interest served; provided that such waiver or deferral
will not have the effect of nullifying the intent and purpose of these
regulations.
B.
It is not sufficient proof of hardship to show that greater profit
would result if the waiver or deferral were granted. Furthermore,
hardship complained of cannot be self-created; it cannot be claimed
by one who purchases with or without knowledge of restrictions; it
must be from the application of this chapter; it must be suffered
directly by the property in question; and evidence of waiver or deferral
granted under similar circumstances shall not be considered.
C.
In granting waivers or deferrals and modifications, the Board of
Supervisors may impose such conditions as will, in its judgment, secure
substantially the objective of the standards or requirements so waived,
deferred, or modified.
D.
Procedure for modification.
(1)
The governing body, after comment by the Township Planning Commission,
may grant a modification of the requirements of one or more provisions
of this chapter if the literal enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that such modification will not be contrary to the public
interest and that the purpose and intent of this chapter is observed.
(2)
All requests for such a modification shall be in writing and
shall accompany and be part of the application for development. The
request shall state in full the grounds and facts, relative to reasonableness
or hardship, on which the request is based, the provision or provisions
of the chapter involved, and the minimum modification necessary.
(3)
The Board of Supervisors will keep a written record, via its
minutes, of all action on all requests for modification. All waivers
or deferrals granted shall be indicated on the final record plan.
A.
Improvement. Before approving any subdivision or land development plan for recording, the Board of Supervisors shall either require that the necessary grading, paving and other improvements as herein specified shall have been installed in strict accordance with the standards and specifications of the Board of Supervisors, or that the Board of Supervisors be assured by means of a proper contract and completion guarantee, as set forth in § 136-802B hereof, that the improvements will subsequently be installed by the developer. Where the subdivision or land development plan has been approved and recorded, either after the specified improvements have been completed and approved by the Board of Supervisors, or if prior to completion upon proper completion guarantee as aforesaid, purchasers and mortgagees of lots in the subdivision or land development, with or without buildings thereon or on any of them shall be relived of any and all liability for any deficiency in lack of or failure to complete the improvements above mentioned as set forth in said plan or required as a condition precedent to the approval of the plan of subdivision or land development and any failure to complete or properly complete said improvements shall not encumber any or all of the lots in the subdivision or land development.
B.
Contracts. In all cases where the necessary grading, paving and other
improvements required herein shall not have been installed in strict
accordance with the standards and specifications of the Township prior
to approval of the final plan, the developers shall agree, in writing,
to the following:
(1)
Construct streets and other improvements required by this section from the lot or lots to be sold or built upon to an existing improved street, subject to the provisions of § 136-800 herein. The work shall be performed in strict accordance with approved plans and the Township Engineering Standards[1] or the applicable provisions of the Pennsylvania Department
of Transportation's Publication 408 Specifications, as last amended,
or any subsequent number or section thereof. No plan shall be finally
approved until the developer has completed all of the necessary and
appropriate improvements as required as a condition for final approval
of a plan or until such time as the applicant has provided a proper
guarantee in the form of a performance bond or bonds with surety satisfaction
to the Township or by the deposit of funds or securities in escrow
or by the presentation of an irrevocable letter of credit from a federal
or commonwealth chartered lending institution. Such financial security
shall be posted with a bonding company or federal or commonwealth
chartered lending institution chosen by the developer, builder or
subdivider posting the financial security, provided that said bonding
company or lending institution is authorized to conduct business within
the commonwealth. When requested by the applicant, to facilitate financing,
the Township shall furnish him with a signed copy of a resolution
indicating approval of the final plat contingent upon the applicant
obtaining satisfactory financial security. The final plat or record
plan shall not be signed nor recorded until the financial security
agreement is executed. The resolution of contingent approval shall
expire and be deemed to be revoked if the financial security agreement
is not executed within 90 days unless written extension is granted
by the Board of Supervisors. Such extension shall be placed in writing.
The amount of financial security shall be equal to 110% of the cost
of the required improvements including construction contingencies,
Township inspection fees, Township engineering and legal services
fees, and as-built drawings for which the financial security is to
be posted, estimated as of 90 days following the date schedule for
completion by the applicant. The cost of the improvements shall be
based upon an estimate prepared by a professional engineer licensed
in the Commonwealth of Pennsylvania and shall not include financial
security for the cost of any improvement 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").[2] Said estimate shall be certified by said engineer to be
a fair and reasonable estimate of such cost. The Township, upon recommendation
of the Township Engineer, may refuse to accept said estimate for good
cause. Upon such circumstances, the estimate shall be recalculated
and recertified by a third engineer and shall be presumed fair and
reasonable and shall be the final estimate. Fees for the services
of said third engineer shall be paid equally by the Township and applicant.
The applicant shall also guarantee that no lot will be sold or building
constructed in any flood-prone area prior to completion of all floodproofing
measures planned for such lot and necessary access facilities.
[Amended 5-23-2001 by Ord. No. 01-7]
(2)
Such financial security shall provide for and secure to the
public the completion of all subdivision improvements for which such
security is being posted by the date fixed in the subdivision plan
or subdivision agreement for completion of such improvements. Annually,
the Township may adjust the amount of financial security 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, to complete the
required improvements. The Township may require the applicant to post
additional financial security to assure that it equals the required
110% of the cost of completion of the required improvements as reestablished
by using the above procedure.
(3)
In the case where development is projected over a period of
years, the Board of Supervisors may authorize the submission of final
plans by sections or stages of development, subject to such requirements
or guarantees 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.
A.
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 from time to time, of such portions
of the financial security necessary for payment to the contractor(s)
performing the work. Any such request shall be in writing, addressed
to the Board of Supervisors and subject to the provisions for release
as established in Section 509 of Act 247, the Pennsylvania Municipalities
Planning Code, as last amended.
B.
If a partial release is not authorized as stated in Subsection A above, the financial security shall be released only upon the complete installation of the required improvements in accordance with the approved improvement construction plan. Strict compliance with the procedures established by Section 510 of Act 247, the Pennsylvania Municipalities Planning Code, as last amended, shall be followed with respect to the release of the performance bond or other security. If the Board of Supervisors fails to comply with the time limitations of said Section 510, all improvements will be deemed to have been approved and the developer shall be released from all liability pursuant to the performance bond. If the required improvements are not completely installed within the required time period, the Board of Supervisors shall declare the performance bond in default and authorize the Township Manager to collect the amount payable thereunder. Upon receipt of such amount, the Township shall install such improvements as were covered by the bond and are commensurate with the extent of the building development which has taken place in the subdivision or land development, not exceeding in cost, however, the amount collected upon the bond.
A.
The Township will receive the final plan application including a
cost estimate for all improvements in accordance with this chapter.
B.
Along with the final plan, the Township Engineer will be asked to
review the cost estimate for the improvements.
C.
The Township Solicitor will prepare the necessary contracts and legal
documents necessary for the improvements.
D.
The Township Solicitor will prepare the necessary documents to affect
the improvements guarantee.
E.
The funds received to cover the costs of the improvements will be
placed in the appropriate account.
F.
The Township, through its Engineer, will make inspection of the construction
of the improvements as it deems necessary.
(1)
Notice.
(a)
The Township Engineer shall be notified 48 hours in advance
of the commencement of any construction or installation operation,
in order that provision may be made for inspection by the Township.
(b)
Construction and installation operations shall also be subject
to inspection by Township officials during the progress of the work,
and the subdivider, developer or builder shall pay for all inspections.
(2)
Samples of materials shall be furnished to the Township in the
same manner as is required of contractors under the highway and sanitary
drainage specifications.
G.
The Township Engineer will determine the date when all of the improvements
are complete. From this date the applicant will be responsible for
maintaining and repairing the improvements for a period of 18 months.
A.
Existing roads. The implementation and scheduling of the improvements
required by the Township in relation to existing roads shall be addressed
by the Township as part of the final plan approval.
B.
Proposed roads. All improvements within the roadway right-of-way
shall be completed along all lots or units before any use and occupancy
permit shall be issued for the lot or unit which abuts the roadway
improvements. The only exception to this requirement shall be the
placement of the pavement wearing course which shall be placed upon
completion of the project. This required work shall also include those
improvements which are required on the lot or unit for which the use
and occupancy permit is required.
A.
The Board of Supervisors shall establish a schedule of fees and a
collection procedure for the review of all applications and other
matters pertaining to the administration of this chapter. The applicant
shall be required to submit an additional fee to the Montgomery County
Planning Commission and the Upper Gwynedd-Towamencin Municipal Authority
to cover the review process.
B.
The Board of Supervisors hereby established that, in accordance with
Resolution Nos. 87-3 and 88-4, as last amended, applicants shall pay
for review of all applications and other matters pertaining to the
administration of this chapter.
C.
Applicants shall furnish an escrow fund sufficient to pay all fees
and costs required for the administration of this chapter. The escrow
fund shall be paid when preliminary plans (and/or final plans) are
submitted for review and approval. The escrow fund shall be sufficient
to guarantee the payment of:
(1)
The services of the Township engineers, Township consultants,
and Township Solicitor related to review and consideration of the
application, and all other costs for planning, engineering, traffic
surveys, and professional certification as deemed necessary by the
Board of Supervisors in reviewing plans;
(2)
The actual cost of all drainage, water, and materials tests;
(3)
The cost of Township inspection services;
(4)
Legal fees, advertising, and other costs involved in the dedication
of streets, easements, and public improvements to the Township;
(5)
Actual costs of recording;
D.
Impact fees. As required by state regulations, Towamencin Township
has completed the necessary studies to establish impact fees for:
park; recreation and open space; public sewer; and traffic. The applicant
shall be responsible for the payment of all applicable impact fees
as required under the various studies.
A.
Conditions. The Township shall have no obligation to take over and
make public any street or other improvements unless:
(1)
The required improvements, utility mains and laterals and monuments
shown on an approved plan or plans have been constructed to all requirements;
(2)
It is established, to the satisfaction of the Board of Supervisors,
that there is a need for the improvements to be taken over and made
public;
(3)
All applicable fees and services have been paid;
(4)
All utility costs incurred have been paid by the applicant;
(5)
As-built Mylars of the construction improvements have been submitted
and reviewed by the Township.
B.
Acceptance. The Township shall have no responsibility with respect
to any street or other improvement, notwithstanding the use of the
same by the public, unless the street or other improvement is accepted
by an ordinance or resolution of the Board of Supervisors.
C.
Guarantee. The applicant shall guarantee for a period of 18 months
from the date of the ordinance accepting dedication to maintain the
stability of all materials and work and to promptly make good and
replace all poor or inferior materials or workmanship and all shrinkage,
settlement or other faults of any kind whatsoever arising therefrom,
at his own expense and to the satisfaction of the Township Engineer,
when notified in writing to do so by the Township Engineer; and, in
order to secure the guarantee as herein required, the Township shall
be assured by means of a proper guarantee in the form of a bond or
surety satisfactory to the Township or the deposit of funds or securities
in escrow in an amount equal to 15% of the completion guarantee posted
by the owner with the Township.
The Board of Supervisors and Township Planning Commission shall
keep records of their findings, decisions, and recommendations relative
to all subdivision plans filed with them for review or approval.
The Board of Supervisors may grant a conditional preliminary
or final approval subject to conditions acceptable to the Board of
Supervisors and the applicant. Said conditional approval can be subject
to applicant's acceptance of the conditions as set forth therein.
The procedure for acceptance shall be a mailing by regular first class
mail to the address given by the applicant on its original application
with a requirement that the applicant return to the Township office,
within 14 days of approval from the Board of Supervisors, a signed
copy of the resolution of conditional approval acknowledging applicant's
acceptance. In the event that said resolution is not returned to the
Township office within 14 days from the Board of Supervisors'
approval, the applicant will have been deemed not to have accepted
said conditions and, therefore, the resolution approving same shall
become a nullity.
