The following requirements, as shown on the plat of record or detailed in supplemental plans, shall be provided by the developer in accordance with the design and improvement standards provided in Article IV of this chapter, as stated now or hereinafter amended:
A.
Street paving.
B.
Sanitary sewage disposal.
C.
Water supply and fire hydrants.
D.
Curbs and sidewalks.
E.
Monuments and markers.
F.
Street signs and stop signs.
G.
Stormwater drainage and management facilities.
H.
Open space, recreation facilities, and landscaping.
I.
Erosion and sedimentation control.
Procedures set out in this section for completion or guarantee
of improvements reflect Sections 509 and 510 of the Pennsylvania Municipalities
Planning Code, the complete text of which is incorporated by reference
herein as fully as if set out at length.
A.
Prerequisite to plat approval. No plat shall be finally approved
unless the streets shown on such plat have been improved, and any
walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm sewers, or other improvements
have been installed, as required by this chapter. In lieu of the completion
of any improvements required as a condition for final approval of
a plat, 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. Submission of such financial security
may be governed by preparation of a subdivision improvement agreement
by the Township, in which the developer shall agree that he will construct
or install and maintain until dedication all of the required improvements.
The final plat shall not be signed nor recorded until the subdivision
improvement agreement is executed. In the case where an entity such
as a homeowners' association will take over responsibility and/or
ownership of required facilities or open space, the homeowners' association
charter or any other applicable agreement shall be in place before
the final plat is signed.
B.
Amount of financial security required. The amount of financial security
to be posted for the completion of required improvements shall be
equal to 110% of the cost of completion of said improvements estimated
as of 90 days following the date scheduled for completion by the developer.
The estimate of the cost of completion shall be submitted by the developer
after preparation by a professional engineer licensed in this commonwealth
and certified by such engineer to be a fair and reasonable estimate
of such cost. The Township's Engineer must approve the proposed amount.
C.
Phased developments. 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. Subsequent phases
of a phased development shall be required to meet any new standards
or changes in the Cecil Township land development and zoning ordinances
which are adopted prior to the start date of any subsequent phase.
D.
Municipal authority, security required. If water mains or sanitary sewer lines, along with facilities related thereto, are to be installed pursuant to the 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 in the financial security required by § 210-35B above.
E.
Time limit for installation of improvements. All improvements shall
be installed according to a time schedule approved by the Board of
Supervisors.
F.
Inspection of improvements. At the time each improvement is to be
installed and upon its completion, the subdivider shall notify the
Board of Supervisors so that the Township Engineer can make adequate
inspections.
G.
Partial release of improvement security. 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 of such portions of the financial security necessary for
payment to the contractor performing the work. Such requests shall
be in writing, and the Board shall have 45 days from receipt of such
request within which to allow the Township Engineer to certify, in
writing, to the Board that such portion of the improvements has been
completed in accordance with the approved plans. Upon such certification,
the Board shall authorize release of a monetary amount estimated by
the Township Engineer representing the value of the improvements completed.
Should the Board fail to act within the required 45 days, the Board
shall be deemed to have approved the release of funds as requested.
The Board may, prior to release at the time of completion and certification
by the Township Engineer, require retention of 10% of the estimated
cost of the aforesaid improvements.
H.
Release of improvement security.
(1)
Notification by developer; inspection by Township Engineer. When
the developer has completed all of the required improvements, notification
shall be provided to the Board of Supervisors, in writing, by certified
or registered mail, of the completion of the improvements, and a copy
shall be sent to the Township Engineer. The Board shall, within 10
days of receipt of such notice, direct the Township Engineer to inspect
said improvements. The Township Engineer shall file a report, in writing,
with the Board and shall mail a copy of the report 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 authorization
from the Board. 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.
(2)
Township notification to developer. The Board of Supervisors shall
notify the developer, in writing, by certified or registered mail,
within 15 days of receipt of the Township Engineer's report, of the
action by the Board with relation thereto.
(3)
Failure of the Township to comply with time limitations. If the Board of Supervisors or the Township Engineer fails to comply with the time limitations specified in Subsection H(1) and (2) above, all improvements shall be deemed to have been approved, and the developer shall be released from all liability, pursuant to its improvement security.
(4)
Completion of rejected improvements. If any portion of the required
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.
(5)
Fees and expenses.
(a)
The developer/applicant shall bear the responsibility of providing
an escrow for reasonable and necessary expenses incurred for the inspection
of required improvements, placement of monuments, the erection of
initial intersection street signs, traffic control signs, two years'
rental service on fire hydrants, and installation of streetlights.
Such expenses shall be based upon a schedule established from time
to time by resolution of the Board of Supervisors.
(b)
In addition, the developer/applicant shall agree to reimburse
the Township for the reasonable and necessary expenses incurred in
connection with the final inspection of the improvements which exceed
the escrow amount deposited into the account. In the event that additional
inspections of improvements will be required, the applicant/developer
shall submit additional monies to be deposited into said account to
cover additional necessary and reasonable costs as estimated by the
Township's professional consultant. 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. The applicant shall not be required to reimburse
the Township 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.
(c)
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 date and time 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
the Township and the Township's professional consultant that such
inspection expenses are disputed as unreasonable or unnecessary and
shall explain the basis of his 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 30 days shall be a waiver of the applicant's right to
arbitration of that bill under this section.
(d)
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. The final bill shall include inspection fees incurred
through the release of financial security.
(e)
If the professional consultant and the applicant cannot agree
on the amount of the expenses which are reasonable and necessary,
then the applicant shall have the right, within 45 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 the 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.
(f)
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 professional consultant whose fees were challenged
shall be required to pay any amounts necessary to implement the decision
within 60 days. In the event that 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.
(g)
In the event that the Township's professional consultant and
the 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 Washington
County Court of Common Pleas (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.
(h)
The fee of the arbitrator shall be paid by the applicant if
the review fee charge is sustained by the arbitrator, otherwise, it
shall be divided equally between the parties. If the disputed fees
are found to be excessive by more than $5,000, the arbitrator shall
have the discretion to assess the arbitration fee in whole or in part
against either the applicant or the professional consultant. The Board
of Supervisors and the professional consultant whose fees are the
subject of the dispute shall be parties to the proceeding.
I.
Submission of maintenance security. Upon completion of the inspection
and approval of all or a portion of the public improvements, the developer
shall request, in writing, that the Township accept the dedication
of the public improvements. Posting of maintenance security shall
be required 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.
The amount of financial security shall be in an amount equal to 15%
of the actual cost of installation of the improvements requested to
be accepted.
J.
Remedies to effect completion of required improvements. If the subdivider
or developer does not satisfactorily construct or install all of the
required improvements, the Board of Supervisors shall institute appropriate
legal or equitable proceeding to enforce any bond or other security.
In addition, the Board of Supervisors may solicit price quotes from
at least two contractors or suppliers and contract for the completion
or correction of the required improvements, and pay for the cost of
said improvements or corrections out of any bond or escrow remaining.
If sufficient monies are not available in an escrow or bond set up
to complete the improvements per the above, the Board of Supervisors
may take any shortfall from any other bond or escrow account established
by said subdivider or developer which was established for any reason
related to the subject property subdivision and/or development. In
addition, the Township may refuse any more permits and halt any further
improvements of subject property if escrow and bond amounts are reduced
from the required levels by the Township's taking of bond or escrow
monies to complete any improvement per above. If no bond or other
security is enforceable, the Board may institute legal action to collect
the same from the subdivider or developer. The Board, at its option,
may also proceed to complete such improvements or make repairs and
corrections thereto prior to receiving the cost thereof from the surety
on the bond, from other security, from legal action, or from the subdivider
or developer. All funds recovered from the surety, from other security,
from legal action, or from the subdivider or developer shall be used
solely for such improvements and not for any other Township purpose.
Attorney's fees and other costs incurred to attach bonds or otherwise
recover monies from bonds or escrows shall be taken from said bonds
or escrows.
