[Ord. 2011-03, 6/27/2011, § 22-501]
No development shall be considered in compliance with this chapter
until the streets, street signs, sidewalks and walkways, gutters and
curbs within street rights-of-way, buffer planting, shade trees, stormwater
management facilities, sanitary sewer facilities for dedication (exclusive
of laterals), water supply facilities (exclusive of laterals), fire
hydrants, lot line markers, survey monuments, street lights, street
trees and other improvements as may be required have been installed
in accordance with this chapter.
[Ord. 2011-03, 6/27/2011, § 22-502]
1.
Improvements Required. No plan shall be signed by the Board of Supervisors for recording in the Office of the Lancaster County Recorder of Deeds unless all improvements required by this chapter have been installed in accordance with this chapter, except as provided in § 22-503.
2.
Improvement Construction. Upon approval of the improvement construction
plans specified in this chapter, the applicant may construct the required
improvements shown on the plan. The developer shall indicate the intent
to construct the required improvements by executing the applicable
memorandum of understanding to be submitted at the time an application
is made for approval of an improvement construction plan.
3.
Inspection of Required Improvements. As stipulated in the executed
memorandum of understanding, the Township Engineer shall be responsible
for inspection and approval of the required improvements (see Appendix
22-14). The Township Engineer and developer shall agree upon a notification
procedure and a schedule of inspections to be made during construction
and upon completion of all improvements.
4.
Recording of Final Plan. Upon completion of the required improvements
and notification from the Township Engineer that all improvements
have been completed in accordance with this chapter, the developer
may proceed to submit final plans. Final plans shall be prepared and
submitted in conformance with the requirements of this chapter. Upon
review and approval of the final plans by the Board of Supervisors
as stipulated in this chapter, the plans may be recorded in the Office
of the Lancaster County Recorder of Deeds. The final plans shall be
recorded before the sale of any lots or the construction and occupancy
of buildings shown on the plans.
[Ord. 2011-03, 6/27/2011, § 22-503]
1.
In lieu of the construction and completion of the improvements required
by this chapter prior to recordation, the developer may deposit financial
security in an amount sufficient to cover the costs of such improvements
or common amenities. Said improvement construction guarantee shall
be prepared in accordance with this chapter and is subject to the
acceptance by the Board of Supervisors, or a municipal authority where
applicable. The administration of improvement construction assurances
shall comply with the provisions of this Part and other applicable
laws of the Commonwealth. All guarantees shall be prepared by the
developer in the form required by the Board of Supervisors, or the
municipal authority where applicable. The developer shall enter into
a developer's agreement setting forth the amount and type of
improvement construction guarantee to be submitted if all required
improvements are not to be completed prior to release of the final
plan and providing a schedule for the completion of such required
improvements.
A.
Form of Financial Security. The following are acceptable forms of
guarantees. All other forms of guarantees shall be individually approved
by the Board of Supervisors.
(1)
Surety Performance Bond. A security bond from a surety bonding
company authorized to do business in the Commonwealth of Pennsylvania.
The bond shall be payable to Penn Township, or to the municipal authority
where applicable.
(2)
Financial Institution. In the case of an escrow account, the
developer shall file, with the Board of Supervisors or municipal authority,
an agreement between the financial institution and himself guaranteeing
the following:
(a)
The funds of said escrow account shall be held in trust until
released by the Board of Supervisors, or municipal authority where
applicable, and may not be used or pledged by the developer as security
in any other matter during that period.
(b)
In the case of a failure on the part of the developer to complete
said improvements, the institution shall immediately make the funds
in said account available to the Board of Supervisors, or to the municipal
authority where applicable, for use in the completion of those improvements.
(c)
Letter of Credit. An irrevocable commercial letter provided
by the developer from a federal or Commonwealth chartered financial
institution or other reputable institution. This letter shall be deposited
with the Board of Supervisors, or with the municipal authority where
applicable, and shall certify the amount of credit.
(d)
In case of failure on the part of the developer to complete
the specified improvements within a time period specified in a written
agreement between the Board of Supervisors, or municipal authority
where applicable, the creditor shall pay to the Board of Supervisors,
or to the municipal authority where applicable, immediately and without
further action, upon presentation of a sight draft drawn on the issuing
lending institution in an amount to which the Board of Supervisors
or municipal authority is entitled, or upon presentation of the original
letter of credit, such funds as are necessary to finance the completion
of those improvements, up to the limit of credit stated in the letter.
(e)
The letter of credit is irrevocable and may not be withdrawn,
or reduced in amount, until released or partially released by the
Board of Supervisors, or municipal authority where applicable.
B.
Amount of Guarantee.
(1)
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 Board of Supervisors, or
the municipal authority, where applicable, may adjust the amount of
the financial security by comparing the actual cost of the improvements
that 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 developer shall
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 subsection.
(2)
The amount of financial security shall be calculated in accordance
with the provisions of the Municipalities Planning Code, 53 P.S. § 10101
et seq.
(3)
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 and/or recalculated as provided in the Municipalities Planning
Code, 53 P.S. § 10101 et seq.
(4)
Protection of Final Phases. In the case where development is
projected over a period of years, the Board of Supervisors may authorize
submission of final plats by section 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.
(5)
Partial Release of Funds. As the work of installing the required
improvements proceeds, the party posting the financial security may
request the Board of Supervisors, or municipal authority where applicable,
to release or authorize the release, 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 Board of Supervisors, or to the municipal
authority where applicable, and shall be accompanied by as-built drawings.
The Board of Supervisors shall consider requests for the reduction
of financial security in accordance with the requirements of the Municipalities
Planning Code, 53 P.S. § 10101 et seq. The Board of Supervisors,
or the municipal authority where applicable, shall have 45 days from
receipt of such request within which to allow the Township Engineer
to certify, in writing, that such portion of the work upon the improvements
has been completed in accordance with the approved plat. Upon such
certification the Board of Supervisors, or municipal authority where
applicable, shall authorize release by the bonding company or lending
institution of an amount fairly representing the value of the improvements
completed. If the Board of Supervisors or municipal authority fails
to act within said forty-five-day period, the Board of Supervisors,
or municipal authority where applicable, shall be deemed to have approved
the release of funds as requested. Prior to final release at the time
of completion and certification by the Township Engineer, the Board
of Supervisors, or municipal authority where applicable, may require
retention of 10% of the estimated cost of the aforesaid improvements.
C.
Release from Improvement Bond.
(1)
The Board of Supervisors shall consider requests for release
of financial security in accordance with the requirements of the Municipalities
Planning Code, 53 P.S. § 10101 et seq., and the provisions
set forth in the section.
(2)
No improvement shall be considered completed until the developer
has submitted as-built plans in reproducible form and in an electronic
format acceptable to the Township Engineer. The as-built plans shall
include a certification by a registered professional engineer of the
Commonwealth of Pennsylvania, or registered professional surveyor,
that the as-built plan is accurate and that the improvements have
been completed in accordance with the approved final plans.
(3)
If any portion of the said improvements shall not be approved
or shall be rejected, the developer shall proceed to complete the
same and, upon completion, the same procedure of notification, as
outlined herein, shall be followed.
(4)
Nothing herein, however shall be construed in limitation of
the developer's right to contest or question by legal proceedings,
or otherwise, any determination.
(5)
If an improvement has been dedicated to the Township, such improvement
shall not be considered complete until the developer has presented
a deed of dedication in a form acceptable to the Township Solicitor,
has presented a title insurance policy or certificate of title demonstrating
good and marketable title, and has paid any fees required to process
the acceptance of the dedication.
[Ord. 2011-03, 6/27/2011, § 22-504; as amended
by Ord. 2014-03, 4/14/2014, § 3]
1.
Inspections Required. The Board of Supervisors, or the municipal
authority where applicable, shall require inspections of the plans
for correctness, and inspections of the construction of the improvements.
The Board of Supervisors or municipal authority may elect to perform
inspections of the construction for any required improvement, in which
case the financial guarantee shall be deposited in the name of the
Board of Supervisors, or the municipal authority where applicable,
by notifying the Board of Supervisors for each project that inspection
responsibility shall be assumed. The applicant shall agree to pay
the cost of any such inspections.
A.
In the event the applicant disputes the amount of any such expense
in connection with the inspection, the applicant shall within 10 working
days of the date of billing notify the Board of Supervisors, or the
municipal authority where applicable, that such expenses are disputed
as unreasonable or unnecessary. A subdivision or land development
application or any approval or permit related to development shall
not be delayed or disapproved due to the applicant's request
over disputed engineer expenses.
B.
If, within 20 days from the date of billing, the Board of Supervisors,
or the municipal authority where applicable, and the applicant cannot
agree on the amount of expenses that are reasonable and necessary,
then the applicant and the Board of Supervisors shall jointly, by
mutual agreement, appoint another engineer to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
C.
The engineer so appointed shall hear such evidence and review such
documentation as the engineer in his or her sole opinion deems necessary
and render a decision within 50 days of the billing date. The applicant
shall pay the entire amount determined in the decision immediately.
D.
In the event that the Board of Supervisors and applicant cannot agree
upon the 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 Township
is located (or if at the time there be no President Judge, then the
senior active judge then sitting) shall appoint such engineer, who,
in that case, shall be neither the Township Engineer nor any engineer
who has been retained by, or performed services for, the Township,
or the municipal authority where applicable, or the applicant within
the preceding five years.
E.
The fee of the appointed 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 Board of Supervisors,
or municipal authority where applicable, shall pay the fee of the
engineer, but otherwise each party shall pay 1/2 of the fee of the
appointed engineer.
F.
The developer shall provide at least 24 hours' notice prior
to the start of construction of any improvements that are subject
to inspection.
[Ord. 2011-03, 6/27/2011, § 22-505]
All improvements shall be deemed to be private improvements
and only for the benefit of the specific development until such time
as the same have been offered for dedication and formally accepted
by the Board of Supervisors or municipal authority by ordinance, resolution,
deed, or other formal document. No responsibility of any kind with
respect to improvements shown on the final plan shall be transferred
until the improvements have been formally accepted. No improvement
shall be accepted for dedication except upon submission of as-built
plans by the developer and inspection of the final construction. The
developer shall reimburse the Township or the municipal authority
for all costs relating to the acceptance of dedication including,
but not limited to, deed preparation, recording of deeds, and enacting
of ordinances to establish traffic and parking regulations on streets
within the development.
[Ord. 2011-03, 6/27/2011, § 22-506]
When the Board of Supervisors, or a municipal authority where
applicable, has accepted dedication of certain improvements, it may,
at its discretion, require the applicant to submit 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 plans. Such guarantee shall
be posted for a period not to exceed 18 months from the date of acceptance
of dedication of said improvements. Such financial security shall
be of the same type as required to guarantee construction of improvements,
and shall not exceed 15% of the actual cost of installation of said
improvements.
[Ord. 2011-03, 6/27/2011, § 22-507]
After final plan approval and upon completion of all required
improvements, the developer shall submit an as-built plan showing
the location, dimension and elevation of all improvements. Such plan
shall indicate that the required grading, stormwater management facilities
and soil erosion and sediment control practices have been installed
in substantial conformance with the previously approved final plan.
The as-built plan shall specify all deviations from the previously
approved drawings. Two copies of the plan shall be submitted to the
Board of Supervisors.
