The applicant shall reimburse the Township for all reasonable administrative and professional expenses, including but not limited to engineering, legal and consultant fees, for review, modification or supplementing the feasibility studies required under Article III or V pursuant to the provisions of this chapter. Prior to the filing of a preliminary plan and prior to the filing of a final plan, the applicant shall pay to the Township Manager the appropriate nonrefundable filing fee and an escrow deposit to defray the professional expenses incurred by the Township in accordance with the fee schedule adopted by the Township Board of Supervisors. Thereafter, as the escrow deposit for expenses is expended, the applicant shall make further deposits upon notice from the Township Manager until approval of the plan. Upon approval of the final plan, the Township Manager shall forthwith refund to the applicant any uncommitted portion of the deposit remaining after all expenses incurred by the Township have been paid in full by the applicant. To the engineering and legal fees required to be paid to the Township by this article there shall be added the sum of 5%, which the owner shall pay to the Township as reimbursement to the Township of the costs incurred by the Township for the collection of such fees and the disbursement of the same to the Township Engineer and Township Solicitor.
[1]
Editor's Note: Township fee schedules are on file in the Township
Building and available to be viewed on the Township's website at www.middletownbucks.org.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
The Board of Supervisors 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.
B.
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this
chapter involved and the minimum modification necessary.
C.
The request for modification shall be referred to the Planning Commission
for advisory comments.
D.
The Board of Supervisors shall keep a written record of all action
on all requests for modifications.
[Added 12-1-1992 by Ord. No. 92-13]
A.
Review fees shall include the reasonable and necessary charges by
the Township's professional consultants or Engineer for review and
report to the Township and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Township Engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the Engineer or consultant to the Township when fees
are not reimbursed or otherwise imposed on applicants.
B.
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
[Added 12-1-1992 by Ord. No. 92-13]
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such
violation, without regard as to whether such vendee or lessee had
actual or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation, without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation, without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorneys' fees incurred by the Township as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per-diem judgment pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
D.
Magisterial District Judges shall have initial jurisdiction in proceedings
brought under this section.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mudfree or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter,
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Township financial security in an amount sufficient to cover
the costs of such improvements or common amenities, including, but
not limited to, roads, stormwater detention and/or retention basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
(1)
If water mains or sanitary sewer lines, or both, along with
apparatus or facilities related thereto, are to be installed under
the jurisdiction and pursuant to the rules and regulations of a public
utility, a municipal authority or the Township Water and Sewer Department,
financial security to assure proper completion and maintenance thereof
shall be posted in accordance with the regulations of the controlling
public utility, municipal authority or the Township Water and Sewer
Department and shall not be included within the financial security
as otherwise required by this section.
(2)
To indemnify the Township in accordance with Township ordinances,
its other policies and regulations and to furnish to the Board of
Supervisors a certificate of insurance indicating that the developer
carries adequate liability insurance in an amount not less than $1,000,000
and, in addition, that said liability insurance, in a form satisfactory
to the Township, has been provided covering any liability of the Township,
directly or indirectly, resulting from the developer's action or inaction
related to said tract. The certificate provided must list the Township
as an additional insured and must be for a period of not less than
one year. If at any time such a current, unexpired certificate of
insurance is not in the possession of the Township, any and all building
permits and certificates of occupancy may be suspended by the Township
until the receipt of a current certificate of insurance.
(3)
To obtain the easements and releases required by this chapter
and the record plan.
(4)
To reimburse the Township promptly for reasonable administrative,
attorneys' and engineers' inspection fees and fees for other professionals
employed by the Township for implementation of this chapter.
B.
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 plat contingent
upon the developer obtaining a satisfactory financial security. The
final plat or record plan shall not be signed nor recorded until the
financial improvements agreements are executed. The resolution or
letter of contingent approval shall expire and be deemed to be revoked
if the financial security agreements is not executed within 90 days,
unless a written extension is granted by the Board of Supervisors;
such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
C.
Without limitation as to other types of financial security which
the Township may approve, which approval shall not be unreasonably
withheld, federal- or commonwealth-chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
D.
Such financial security shall be posted with a bonding company or
federal- or commonwealth-chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
E.
Such bond or other 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 the improvements.
F.
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 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 for 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 subsection.
G.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements submitted
by the applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Township, upon
the 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, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and chosen mutually by the Township
and the applicant or developer. The estimate certified by the third
engineer shall be presumed fair and reasonable and shall be the final
estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Township
and the applicant or developer.
H.
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 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.
I.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plats 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.
J.
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
or contractors performing the work. Any such requests shall be in
writing addressed to the Board of Supervisors, and the Board of Supervisors
shall have 45 days from receipt of such request within which to allow
the Township Engineer to certify, in writing, to the Board of Supervisors
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 shall authorize release by the bonding company
or lending institution of an amount as estimated by the Township Engineer
fairly representing the value of the improvements completed or, if
the Board of Supervisors fails to act within said forty-five-day period,
the Board of Supervisors shall be deemed to have approved the release
of funds as requested. The Board of Supervisors may, prior to final
release at the time of completion and certification by its Engineer,
require retention of 10% of the estimated cost of the aforesaid improvements.
K.
Where the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, the Board of Supervisors
may 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 depicted
on the final plat for a term not to exceed 18 months from the date
of acceptance of dedication. Said financial security shall be of the
same type as otherwise required in this section with regard to installation
of such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
L.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Township, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
M.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, the Township shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plat upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said financial security has been provided, 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 mudfree or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plat, 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.
[Added 12-1-1992 by Ord. No. 92-13]
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Board of Supervisors,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Engineer. The Board of Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Township Engineer to inspect
all of the aforesaid improvements. The Township Engineer shall, thereupon,
file a report in writing with the Board of Supervisors and shall promptly
mail a copy of the same to the developer by certified or registered
mail. The report shall be made and mailed within 30 days after receipt
by the Township Engineer of the aforesaid authorization from the Board
of Supervisors; said report shall be detailed and shall indicate approval
or rejection of said improvements, either in whole or in part, and
if said improvements or any portion thereof shall not be approved
or shall be rejected by the Township Engineer, said report shall contain
a statement of reasons for such nonapproval or rejection.
B.
The Board of Supervisors shall notify the developer within 15 days
of receipt of the Engineer's report, in writing, by certified or registered
mail, of the action of said Board of Supervisors with relation thereto.
C.
If the Board of Supervisors or the Township Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released
from all liability pursuant to its performance guaranty bond or other
security agreement.
D.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Supervisors, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification as outlined herein shall be followed.
E.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question, by legal proceedings or
otherwise, any determination of the Board of Supervisors or the Township
Engineer.
F.
Where herein reference is made to the Township Engineer, he shall
be as a consultant thereto.
G.
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Board
of Supervisors and as from time to time amended.[1] Such expense 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 community,
but in no event shall the fees exceed the rate or cost charged by
the Engineer or consultant to the Township when fees are not reimbursed
or otherwise imposed on applicants.
(1)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Township
that such expenses are disputed as unreasonable or unnecessary, in
which case the Township shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's request over disputed engineer
expenses.
(2)
If within 20 days from the date of billing the Township and
the applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Township shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(3)
The professional engineer so appointed shall hear such evidence
and review such documentation as the professional engineer in his
or her sole opinion deems necessary and render a decision within 50
days of the billing date. The applicant shall be required to pay the
entire amount determined in the decision immediately.
(4)
In the event that the Township and applicant cannot agree upon
the professional 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
professional engineer who has been retained by or performed services
for the Township or the applicant within the preceding five years.
(5)
The fee of the appointed professional 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 Township shall
pay the fee of the professional engineer, but otherwise the Township
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
[1]
Editor's Note: Township fee schedules are on file in the Township
Building and available to be viewed on the Township's website at www.middletownbucks.org.
[Added 12-1-1992 by Ord. No. 92-13]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat, the Board of Supervisors is hereby granted 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 Board of Supervisors may, at its option, install part of such
improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable 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, and not for any other Township purpose.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Three days prior to the commencement of any operation in the construction
or installation of streets, curbs, sidewalks, drainage facilities,
street signs, monuments, water and sewer improvements, streetlights
or capped sewers, the developer shall notify the Township Engineer(s),
who shall inspect the work, materials, construction and installation
to assure that the same are in accordance with Township requirements.
B.
The Township Engineer(s) shall be authorized to have such tests of
materials made as are provided in the Middletown Township Specifications
and Design Standards for Roads and Streets and in the Middletown Township
Construction Specifications for Water and Sewer Systems in order to
have proper control of materials. The developer shall pay to the Township
the cost of such tests plus an administrative fee to reimburse the
Township for the collection of such fees and disbursement of same
to the Township Engineer(s).
