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:
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.
