Township of Cecil, PA Required Improvements and Submission of Improvement Security

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.

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.

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.

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.

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.

Time limit for installation of improvements. All improvements shall be installed according to a time schedule approved by the Board of Supervisors.

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.

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.

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.

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.

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.