The developer shall contact the inspecting engineer to coordinate
the construction observation schedule, notification procedures, and
other related improvement guaranty administration topics and to determine
the need for an on-site, preconstruction meeting. The developer shall
contact the inspecting engineer prior to the construction of site
improvements.
A. Inspection of improvements. [Equivalent MPC, 18th Edition,
Sections 510(a) and 510(g)(1)]
(1) When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Brecknock Township 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 Municipal Engineer. The Brecknock Township Board of Supervisors
shall, within 10 days after receipt of such notice, direct and authorize
the Municipal Engineer to inspect all of the aforesaid improvements.
The Municipal Engineer shall, thereupon, file a report, in writing,
with the Brecknock Township 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 Municipal 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 Municipal Engineer, said report
shall contain a statement of reasons for such nonapproval or rejection.
(2) 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 30 days after
the date of transmittal of a bill for inspection services, notify
Brecknock Township and Brecknock Township's professional consultant
that such inspection expenses are disputed as unreasonable or unnecessary
and shall explain the basis of his/her objections to the fees charged,
in which case Brecknock 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 30 days shall be a waiver of the
applicant's right to arbitration of that bill under this section.
B. Acceptance of improvements. [Equivalent MPC, 18th Edition,
Sections 510(b) and 510(c)]
(1) The Brecknock Township 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 Brecknock Township
Board of Supervisors with relation thereto.
(2) If the Brecknock Township Board of Supervisors or the Municipal 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.
C. Municipality does not accept improvements. [Equivalent MPC,
18th Edition, Section 510(d)] If any portion of the said
improvements shall not be approved or shall be rejected by the Brecknock
Township 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.
D. Duplication of inspections. [Equivalent MPC, 18th Edition,
Section 510(g)] Brecknock Township may prescribe that the
applicant shall reimburse Brecknock 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 Brecknock 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 Brecknock Township for comparable
services when fees are not reimbursed or otherwise imposed on applicants.
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, Brecknock 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. Any ordinance or statute inconsistent
herewith is hereby expressly repealed.
A. Dedication of street(s) to Township. Dedication of streets to the Township shall follow the procedure outlined in the Code of the Township of Brecknock, Chapter
95, Streets and Sidewalks, §
95-24.
B. Dedication of stormwater management facilities to Township. Dedication of stormwater management facilities to the Township shall follow the requirements of Chapter
93, Stormwater Management, of the Code of the Township of Brecknock.
C. Dedication of open space and recreational facilities to Township. Dedication of open space and/or recreational facilities to the Township shall be in accordance with §
98-39 of this chapter.
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.