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]
[1]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
[2]
Editor's Note: See 36 P.S. § 670-101 et seq.
(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.
(4) 
The provisions of this section shall not relieve the developer from the penalties provided for in the Pennsylvania Municipalities Planning Code,[3] as last amended, for violations of this chapter.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
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;
(6) 
A Township administrative charge, as established by resolution, of the total costs described in Subsections C(1) through (5) above.
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.