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Township of Lower Makefield, PA
Bucks County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
A. 
The improvements included in this article are minimum requirements. However, the Board of Supervisors reserves the right in any case to increase the same if conditions so warrant.
B. 
When changes from the accepted drawings and specifications become necessary during construction, written acceptance by the Board of Supervisors, with the advice of the Engineer, shall be secured before the execution of such changes.
C. 
Developers shall be required to construct or pay for the construction of, at the option of the Township, those on- and off-site public improvements, or portions thereof, which the Township determines bear a rational nexus to the needs created by, and the benefits conferred upon, the subdivision or development.
D. 
The construction of streets, roads, sidewalks, bikeways, curbs, driveways, stormwater facilities and other improvements as shown on final plans and as contained in contract agreements shall in every respect conform to all Township design standards for the construction of streets.
E. 
Where the Board of Supervisors determines that it is not feasible to construct the required improvements at the time of development, funds can be put in an escrow account sufficient to cover the cost of required improvements, to be constructed at a later date.
A. 
Before the Board of Supervisors shall cause its approval to be endorsed on the final plans of any subdivision or land development and as a requirement for the approval thereof, the developer shall enter into a written agreement with the Township in the manner and form set forth by the Township Solicitor to guarantee the construction and installation of all improvements at the developer's expense required by this chapter. 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 plan contingent upon the developer obtaining satisfactory financial security. The final plan 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 Board of Supervisors.
B. 
The Township shall have no obligation to take over and make public any street or other improvement unless the required improvements shown on the approved plan have been constructed in accordance with all requirements to the satisfaction of the Township Engineer and the Board of Supervisors. An information certificate showing the state of the title of all improvements, issued by a title insurance company, shall be supplied to the Township, and a deed of dedication to the Township and release of mortgage or other liens executed by all parties shown on the certificate to have an interest in the improvements shall be delivered to the Township. 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.
No plan shall receive final approval unless the streets shown have been improved to a permanently passable condition, or improved as may be required by this chapter, and any walkways, bikeways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements as may be required by this chapter have been installed. In lieu of the completion of any improvements, the developer shall furnish to the Township financial security with such surety as the Board of Supervisors shall approve, in an amount sufficient to cover the costs of any improvements which may be required. Such financial 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 of approval or accompanying agreement for completion of improvements. The amount of financial security to be posted for completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date of scheduled for completion by the developer. Annually the Township 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 90th day after either the original date scheduled of completion or a rescheduled date of completion. Subsequent to said adjustment, the Township 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 section.
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, the procedures set forth in the Pennsylvania Municipalities Planning Code, Article V, Section 509 (g) shall be followed.[1] If the developer 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or phases of development subject to such requirements or guarantees as to improvements in future stages of development as it finds essential for the protection of any finally approved section of the development. As the work of installing the required improvements proceeds, the developer may request the Township to release, from time to time, portions of the escrow fund. Any such request shall be in writing addressed to the Board of Supervisors. The Board of Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
B. 
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plan as set forth in this section, the Township shall not condition the issuance of building, grading or other permits relating to the construction of the improvement, including buildings, upon lots or land as depicted upon the final plan. Moreover, if an escrow fund has been established, 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 permanently passable condition as well as the completion of all other improvements as depicted upon the approved plan, 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.
C. 
If the plan is proposed to be phased after final plan approval, then a revised final plan shall be submitted.
A. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Township, by certified or registered mail, of the completion of the improvements and shall send a copy to the Township Engineer. The Township shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the improvements. The Township Engineer shall file a report with the Township and shall mail a copy of the report to the developer. The report shall be made within 30 days after receipt by the Township Engineer of the authorization from the Township. This report shall indicate approval or rejection of the improvements, and, if the improvements or any portion thereof shall not be approved by the Township Engineer, this report shall contain a statement of reasons for such nonapproval.
B. 
In addition to the Township Engineer's report, the Township will also request the following departments to report, in writing, within 30 days any outstanding items with regard to their departments that require resolution prior to dedication. If no open items exist within the department, then they will be required to sign a sign-off sheet acknowledging this. The departments required to report are:
(1) 
The Building Inspector.
(2) 
The Finance Director.
(3) 
The Police Department.
(4) 
The Public Works Director.
(5) 
The Sewer Administrator.
(6) 
The Township Manager.
(7) 
The Township Solicitor.
(8) 
The Director of Zoning, Planning and Inspections.
C. 
If the Township or the Township Engineer fails to comply with the time limitation provisions, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guarantee bond or other security agreement.
D. 
If any portion of the improvements shall not be approved or shall be rejected by the Township, the developer shall proceed to complete the improvements and, upon completion, the same procedure of notification, as outlined, shall be followed.
E. 
The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of such improvements. Such reimbursement shall be based upon a schedule adopted by resolution and shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or consultant for work performed for similar services in the Township, and in no event shall the fees exceed the rate or cost charged by the Township Engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants. In the event that the applicant disputes the amount of such expense in connection with inspection of improvements, the procedure set forth in the Pennsylvania Municipalities Planning Code (Act 247, as amended), Section 510 (g), Subsections (1) through (5), shall be adhered to.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Where the Township accepts dedication of all or some of the required improvements following completion, the Township may require the posting of financial security to secure structural integrity of the improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. The amount of this financial security shall not exceed 15% of the actual cost of installation of the improvements.
Where the Township accepts dedication of all or some of the required improvements following completion, the Township shall 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 shown on the final plan. The maintenance period shall be 18 months from the date of acceptance of dedication. The financial security shall be of the same type as described in these regulations, and the amount of the financial security for maintenance shall be 15% of the actual cost of installation of said improvements.
In the event that any required improvements have not been installed as provided for in these regulations, or in accordance with the approved final plan, the Township shall have the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If the 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 Township may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal 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.
The contract shall also provide for engineering inspections, insurance, reimbursement of expense to the Township, procedure upon default and other subjects related to the development of the land.
A. 
The applicant or owner submitting plans for a subdivision or land development shall be required to pay fees in accordance with the fee schedule adopted by resolution by the Board of Supervisors and, in addition, shall pay all costs to the Township for the services of the Township Administration, Township Solicitor and Township Engineer and such other necessary and reasonable costs incurred in reviewing the plans, processing the application and assuring construction in accordance with approved plans.
B. 
Application filing fees. The applicant or owner submitting plans for a subdivision or land development shall pay application filing fees made payable to Plumstead Township at the time of application in accordance with a fee schedule adopted by resolution by the Board of Supervisors.
C. 
Escrow fund (plan review). In addition to application filing fees, the applicant shall be required to furnish an escrow fund to pay the professional fees and other costs incurred in reviewing the plans and/or processing the application. Such fees shall include the reasonable and necessary charges for the Township Engineer and other professional consultants to review the plans, in accordance with a fee schedule set by resolution of the Board of Supervisors. The amount of the escrow fund shall be set by resolution by the Board of Supervisors. Upon completion of the review, whether the application is approved or rejected, any moneys not expended in the review shall be refunded to the applicant. Fees in excess of the escrow fund will be charged to the applicant.
A. 
Conditions. The Township shall have no obligation to take over and make public any street or other improvement 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) 
An information certificate showing the state of the title of all improvements, issued by a title insurance company, is supplied to the Township.
(4) 
A deed of dedication to the Township and release of mortgage or other liens executed by all parties shown on the certificate to have an interest in the improvements is delivered to the Township. The applicant shall tender a deed of dedication to the Township or appropriate authority for such streets, any and all easements for sanitary sewers or storm sewers and improvements thereto, including street paving, curbs, sidewalks, bike paths, shade trees, monuments, sanitary and storm sewers, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public welfare, after all streets, curbs, bike paths, sidewalks and sewers are completed and such completion is certified as satisfactory by the Township Engineer.
(5) 
A maintenance bond for a period of 18 months from the date of acceptance, in the amount of 15% of the cost of construction with surety satisfaction to the Board of Supervisors is supplied.
(6) 
As-built plans have been provided for all improvements constructed.
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.