Before approving any subdivision plan, the Board of Supervisors
shall require a written agreement that necessary grading, paving and
street improvements, sidewalks, streetlights, fire hydrants, water
mains, storm sewers and sanitary sewers, as may be required by the
Township, shall be installed by the subdivider in strict accordance
with the design standards and specifications of the Township, within
a specified time period.
A.
As a condition for granting final subdivision approval, the Township
shall require that the developer execute a development agreement with
the Township, in a form acceptable to the Township Solicitor, containing
provisions that are reasonably required to guarantee the proper installation
of on-site and off-site improvements related to the subdivision and/or
land development and provisions necessary to indemnify the Township
in connection therewith.
[Added 12-29-2003 by Ord. No. 68]
B.
If the developer fails to execute the development agreement within
90 days of the date of final subdivision approval and/or fails to
initiate construction of public improvements in the plan within one
year of the date of execution of the development agreement, final
subdivision approval shall expire, unless the developer submits a
written request for an extension prior to the expiration of the one-year
period and the Board of Supervisors grants the request in writing.
The final subdivision for recording shall contain a notation regarding
these provisions governing expiration of approval. In the event that
final subdivision approval expires, the developer shall resubmit the
final subdivision application for approval.
[Added 12-29-2003 by Ord. No. 68]
[Amended 9-9-1997 by Ord. No. 59]
A.
No plat shall be finally approved unless the streets on such plat
have been improved to a mud-free 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 basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
The applicant shall not be required to provide financial security
for the costs of any improvements 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," 36 P.S. § 670-101 et seq.[1]
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 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; 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 section.
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
shall require the posting of a maintenance bond to secure the 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 the acceptance of dedication. The maintenance bond shall be 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.
[Amended 12-29-2003 by Ord. No. 68]
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 mud-free 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.
[Amended 9-9-1997 by Ord. No. 59]
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 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. Any deficiencies noted by the
Township Engineer shall only be repaired or replaced under the direction
of the Township Engineer.
[Amended 12-29-2003 by Ord. No. 68]
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 a duly registered professional engineer employed by the Township
or engaged as a consultant thereto.
G.
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred in connection with the inspection of
improvements. The applicant shall not be required to reimburse the
Board of Supervisors for any inspection which is duplicative of inspections
conducted by other governmental agencies or public utilities. The
burden of proving that any inspection is duplicative shall be upon
the objecting applicant. Such reimbursement shall be based upon a
schedule established by ordinance or resolution. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the Township's professional 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 professional consultant to
the Township for comparable services when fees are not reimbursed
or otherwise imposed on applicants.[1]
(1)
The Board of Supervisors shall submit to the applicant an itemized
bill showing the work performed in connection with the inspection
of improvements performed, identifying the person performing the services
and the time and date spent for each task. In the event the applicant
disputes the amount of any such expense in connection with the inspection
of improvements, the applicant shall, no later than 100 days after
the date of transmittal of a bill for inspection services, notify
the Township and the Township's professional consultant that such
inspection expenses are disputed as unreasonable or unnecessary and
shall explain the basis of their objections to the fees charged, in
which case the Township shall not delay or disapprove a request for
release of financial security, a subdivision or land development application
or any approval or permit related to development due to the applicant's
dispute of inspection expenses. Failure of the applicant to dispute
a bill within 100 days shall be a waiver of the applicant's right
to arbitration of that bill under this section.
(2)
Subsequent to the final release of financial security for completion
of improvements for a subdivision or land development or any phase
thereof, the professional consultant shall submit to the Board of
Supervisors a bill for inspection services, specifically designated
as a final bill, which the Board of Supervisors shall submit to the
applicant. The final bill shall include inspection fees incurred through
the release of financial security.
(3)
If the professional consultant and the applicant cannot agree on
the amount of expenses which are reasonable and necessary, then the
applicant shall have the right, within 100 days of the transmittal
of the final bill or supplement to the final bill to the applicant,
to request the appointment of another professional consultant to serve
as an arbitrator. The applicant and professional consultant whose
fees are being challenged shall, by mutual agreement, appoint another
professional consultant to review any bills the applicant has disputed
and which remain unresolved and make a determination as to the amount
thereof which is reasonable and necessary. The arbitrator shall be
of the same profession as the professional consultant whose fees are
being challenged.
(4)
The arbitrator so appointed shall hear such evidence and review such
documentation as the arbitrator, in his or her sole opinion, deems
necessary and shall render a decision no later than 50 days after
the date of appointment. Based on the decision of the arbitrator,
the applicant or the professional consultant whose fees were challenged
shall be required to pay any amounts necessary to implement the decision
within 60 days. In the event the Township has paid the professional
consultant an amount in excess of the amount determined to be reasonable
and necessary, the professional consultant shall within 60 days reimburse
the excess payment.
(5)
In the event that the Township's professional consultant and applicant
cannot agree upon the arbitrator to be appointed within 20 days of
the request for appointment of an arbitrator, 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 arbitrator, who, in that case, shall
be neither the Township's professional consultant nor any professional
consultant who has been retained by, or performed services for, the
Township or the applicant within the preceding five years.
(6)
The
fee of the arbitrator shall be paid by the applicant if the disputed
fee is upheld by the arbitrator. The fee of the arbitrator shall be
paid by the charging party if the disputed fee is $2,500 or greater
than the payment decided by the arbitrator. The fee of the arbitrator
shall be paid in an equal amount by the applicant and the charging
party if the disputed fee is less than $2,500 of the payment decided
by the arbitrator.
(7)
In
the event that the disputed fees have been paid and the arbitrator
finds that the disputed fees are unreasonable or excessive by more
than $10,000, the arbitrator shall:
(8)
A
municipality or an applicant shall have 100 days after paying a fee
to dispute any fee charged as being unreasonable or excessive.
[Amended 9-9-1997 by Ord. No. 59]
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.
A.
No road, street, land, way or related improvement shall be accepted
as part of the highway system of the Township or for maintenance unless
opened, laid out, graded and improved in strict accordance with the
standards and regulations of the Township. The requirements, specifications
and standards of construction, material and appurtenances as designated
herein are considered as minimum, and the Board of Supervisors may,
as it deems advisable, revise said specifications and requirements
to secure a higher standard of improvements and community development.
B.
No stormwater drainage facilities, sanitary sewer and sewage treatment
facilities, water supply and water distribution system and facilities,
or any other facilities or improvements, will be accepted as a part
of the Township's facilities for operation and maintenance unless
designed and constructed in strict compliance with all the standards,
specifications, rules, regulations, ordinances and requirements of
the Township.
A.
Within 90 days after the date of approval of the final plan, the
subdivider shall record an approved duplicate copy of the plan in
the office of the County Recorder of Deeds, and file with the Secretary
of the Township a recorder's certificate that the approved plan has
been recorded, with the Plan Book and page numbers indicated, and
approval shall not become final and effective until such certificate
has been filed. The subdivider shall provide a duplicate tracing of
the officially recorded plan to the Township Secretary for Township
files. The duplicate tracing may be of Mylar, linen or some other
durable material.
B.
After an approved subdivision plan shall have been officially recorded,
the streets, parks, and other public improvements shown hereon shall
be so considered to be a part of the official plan of the Township.
C.
Streets, parks and other public improvements shown on a subdivision
plan to be recorded shall be offered for dedication to the Township
by formal notation thereof on the plan, or the owner shall note on
such plan that any improvements have not been offered for dedication
to the Township.
D.
Every street, park or other improvement shown on a subdivision plan
shall be deemed to be a private street, park or improvement until
such time as the same shall have been offered for dedication to the
Township and accepted by ordinance or resolution, or until it shall
have been condemned or use as a public street, park or other improvement.
E.
In the event that an approved subdivision plan is not recorded within
the required ninety-day period, said approval shall be deemed voided
and rescinded and the plan must be resubmitted if approval is sought
by the developer.
If any road or any drainage facilities in connection therewith
shall be opened, constructed or dedicated for public use or travel,
except in strict accordance with plans approved and recorded as herein
provided, neither the Board of Supervisors nor any public authorities
shall place, construct or operate any sewer, drain, water pipe or
other facilities, or do any work of any kind in or upon such road;
and neither the Board of Supervisors nor any other public authorities
shall have any responsibility of any kind with respect to any such
road or drainage facilities, notwithstanding any use of the same by
the public. Provided, however, that nothing herein contained shall
prevent the laying of trunk sewers, drains, water or gas mains, if
required, by engineering necessity for the accommodating of other
territory.
A.
Common open space, when provided, shall be located so as to be consistent
with accepted design principles. Where possible, it shall be designed
as a contiguous area easily accessible to the residents and preserving
natural features.
B.
There shall be provisions which insure that the common open space
shall continue as such and be properly maintained. The developer shall
either: (i) dedicate such land to public use if the Township or another
public agency has indicated it will accept such dedication; (ii) retain
ownership and responsibility for maintenance of such open space; or
(iii) provide for and establish one or more organizations for the
ownership and maintenance of all common open space. In the case of
(ii) and (iii) above, each organization shall be a nonprofit homeowners
corporation, unless the developer demonstrates that a community open
space trust is a more appropriate form of organization.
C.
If a homeowners' association or open space trust is formed, it shall
be governed according to the following regulations:
(1)
The organization is organized by the developer and operated with
financial subsidization by the developer, if necessary, before the
sale of any lots within the development.
(2)
Membership in the organization is mandatory for all purchasers of
homes therein and their successors.
(3)
The organization shall be responsible for maintenance, insurance
and taxes on common open space.
(4)
The members of the organization shall share equitably the costs of
maintaining and developing common open space, in accordance with procedures
established by them.
(5)
The organization shall have to hire adequate staff to administer
facilities and maintain the common open space.
(a)
In the event that the organization established to own and maintain
common open space, or any successor organization, shall at any time
after establishment of the development fail to maintain the common
open space in reasonable order and condition in accordance with the
development plan, the Township may serve written notice upon such
organization or upon the residents of the development setting forth
the manner in which the organization has failed to maintain the common
open space in reasonable condition.
(b)
Said notice shall include a demand that such deficiencies of
maintenance be corrected within 30 days thereof, and shall state the
date and place of a hearing thereon which shall be held within 14
days of the notice. At such hearing, the Township may modify the terms
of the original notice as to the deficiencies and may give an extension
of time within which they shall be corrected.
(c)
If the deficiencies set forth in the original notice or in the
modifications thereof shall not be corrected within said 30 days,
or any extension thereof, the Township may enter upon said common
space and maintain the same for a period of one year.
(d)
Said maintenance by the Township shall not constitute a taking,
nor vest in the public any rights of use.
(e)
Before the expiration of said year, the Township shall, upon
its initiative or upon the request of the organization theretofore
responsible for maintenance, call a public hearing upon notice to
such organization, or to the residents of the development. At the
hearing, such organization or the residents of the development shall
show cause why such maintenance by the Township shall not, at the
option of the Township, continue for a succeeding year.
(f)
If the Board of Supervisors determines that such organization
is ready and able to maintain said common space in reasonable condition,
the Township shall cease maintenance at the end of said year.
(g)
If the Board of Supervisors shall determine that such organization
is not ready and able to maintain said common open space in a reasonable
condition, the Township may, in its discretion, continue maintenance
during the next succeeding year and, subject to a similar hearing
and determination, in each year thereafter.
(h)
The cost of maintenance by the Township shall be assessed against
the properties within the development that have a right of enjoyment
of the common open space and shall become a lien on said properties.
The Township, at the time of entering upon said common open space
for the purpose of maintenance, shall file a notice of such lien in
the office of the Prothonotary of Butler County upon the properties
affected by such lien within the development.
[Added 12-29-2003 by Ord. No. 68]
A.
Upon completion of the public improvements in a plan, "as-built"
plans and profiles of the public improvements, as constructed, shall
be filed with the Township by the developer within 30 days of the
mailing of the notice of completion. Filing of as-built plans shall
be required before the Township considers acceptance of the public
improvements.
B.
As-built plans shall show the top and invert elevations for all manholes,
inlets and sewer structures, the distance between all manholes, inlets
and sewer structures, wye locations on all sanitary sewers and significant
changes to the street profiles.
C.
The developer shall also submit with the as-builts the legal description
for the road right-of-way, including track closures of the right-of-way
and exhibit drawings of the right-of-way.
D.
The submission of as-builts for private improvements shall be at
the sole discretion of the Township and Township Engineer.
