[Ord. 2002-05-02, 5/20/2002, § 900]
All provisions of this chapter shall be administered by the
Board or its officially designated representatives. All matters relating
to this chapter shall be submitted to the Township, which will handle
the matter in accordance with current policies, procedures, and guidelines.
[Ord. 2002-05-02, 5/20/2002, § 901]
The Township shall keep a public record of its correspondence,
findings, recommendations, and actions relating to plans filed for
review, in accordance with applicable laws and ordinances.
[Ord. 2002-05-02, 5/20/2002, § 902]
1. No application for preliminary or final plan approval shall be accepted
and processed until the fees and/or escrow deposit have been paid
pursuant to the Township's current Fee Schedule and Professional
Services Agreement.
2. The Board shall adopt and amend by resolution a schedule of fees
and expenses, payable by the applicant to the Township and for the
administrative costs associated with the Township's consultants'
fees.
3. The Board shall adopt and amend by resolution a schedule of escrow
deposits to be paid by the applicant to the Township at the time of
filing of an application, sufficient to pay all Township expenditures
anticipated in the course of its review and disposition of plans.
A. Costs incurred by the Township in excess of the escrowed amount shall
be paid by the applicant prior to the granting of approvals or permits.
B. If costs incurred by the Township are less than the escrowed amount,
the difference shall be refunded to the applicant following disposition
of the plans.
C. If the escrow deposit falls below a minimum amount determined by
resolution of the Board, the applicant shall replenish the escrow
deposit up to the required minimum.
4. Township expenditures subject to escrow include, but are not limited,
to the following:
A. Engineering and other technical services such as plan review, construction
inspections, and attendance at meetings related to the plan.
B. Materials and facilities tests.
C. Services of the Township Solicitor in reviewing and/or preparing
documents related to the plan and attendance at any meetings relating
to the plan.
D. Planning consultant reviews and attendance at any meetings related
to the plan.
5. Disputes. The procedures for fee/escrow disputes shall comply with
§§ 503 and 510 of the MPC, as amended.
[Ord. 2002-05-02, 5/20/2002, § 903]
1. All improvements shall be constructed and/or dedicated without cost
to the Township as required by this chapter and/or as stipulated in
the Development Agreement in a manner approved by the Township consistent
with sound construction methods. These improvements include but are
not limited to:
A. Grading.
(1)
Grading of roadways and street rights-of-way and grading of
slopes adjacent to roadways and street rights-of-way.
(2)
Grading of all draining swales on public or private property
and grading of individual lots, to establish positive drainage away
from buildings to eliminate low spots.
(3)
Implementation and maintenance of soil erosion control and sedimentation
control facilities.
(4)
Replacement of topsoil and vegetative restoration in disturbed
areas not stabilized with building, paving or other non-vegetative
ground cover.
(5)
Removal of temporary soil erosion and sedimentation control
facilities when they are no longer required.
B. Street or road sub-base, base and paving.
C. Curbs, gutters, driveway aprons and parking facilities.
D. Sidewalks, crosswalks, pathways and bike paths.
E. Underground facilities for electric, telephone and television cable
lines.
F. Storm sewer, drainage facilities and easements.
G. Public sanitary sewer system.
H. Public or centralized water supply and distribution systems, including
but not limited to wells, pumping equipment, water laterals, sub-mains,
storage tanks and equipment systems.
I. Street name signs at all street intersections and official traffic
control signs and markings.
J. Permanent monuments and lot pins.
L. Street trees, landscaping.
M. Open space improvements and/or recreational facilities, buffer or
screen plantings.
2. Upon final plan approval, and in-lieu-of the completion of the improvements
required as a condition for the final approval of a plat, the developer
shall provide for deposit with the Township financial security in
an amount sufficient to cover the costs of all such improvements or
common amenities as shown on the approved plans. The form of financial
security shall be either by letter of credit, cash deposit or tri-party
agreement with a federal or commonwealth chartered lending institution,
unless some other form is approved by the Board.
[Ord. 2002-05-02, 5/20/2002, § 904]
1. The developer shall construct and install, at no expense to the Township,
the improvements specified in this chapter and as shown on the final
plan approval. Construction and installation of such facilities and
utilities shall be subject to inspection by the Township Engineer
and other public or utility officials during the progress of the work.
2. During the construction and installation of all facilities and utilities
required by this chapter, the developer shall ensure that access to
the job site from a public road shall be kept clear and free of all
obstructions and otherwise in a passable condition to all areas of
the job site for emergency, fire and police vehicles. In the event
of a dispute, passable access for the foregoing purposes shall be
determined by the Township Engineer and Township Fire Marshal.
[Ord. 2002-05-02, 5/20/2002, § 905]
1. The following principles of subdivision and land development, general
requirements and the minimum standards of design, shall be observed
by the developer in all instances:
A. It is the developer's responsibility to comply with all applicable
plan requirements, ordinances, statutes and regulations of New Britain
Township, Bucks County, the Commonwealth of Pennsylvania, and the
United States of America.
B. The proposed subdivisions and/or land developments shall be coordinated
with existing nearby development so that the area as a whole may develop
harmoniously. Provisions shall be made to ensure that the street patterns
included in a proposed subdivision shall compliment existing or proposed
streets shown on the current official Township street and road map
and/or nearby approved developments.
2. In most cases where precise design standards are not specified in
this chapter, the design standards of the following organizations
shall govern where applicable:
A. Roads and Streets. The Pennsylvania Department of Transportation.
B. Sanitary Sewer. The Pennsylvania Department of Environmental Protection,
Bucks county Department of Health, and servicing municipal authority.
C. Water. The Pennsylvania Department of Environmental Protection, Bucks
County Department of Health, Delaware River Basin Commission, and
servicing municipal authority.
D. Soil and Erosion Control. The Bucks County Soil Conservation District,
Department of Environmental Protection, U.S. Department of Agriculture,
Soil Conservation Service, New Britain Township.
E. General Engineering. American Society of Civil Engineers, Army Corps
of Engineers, Federal Emergency Management Association, New Britain
Township Engineer.
[Ord. 2002-05-02, 5/20/2002, § 906]
1. Preventive Remedies.
A. In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to prevent unlawful
subdivision and/or land development, to recover damages and to prevent
illegal occupancy of a building, structure or lot.
B. The Township may refuse to issue any permit or grant any approval
necessary to further improve any real property that has been developed
or has resulted from a subdivision and/or land development in violation
of this chapter. As an additional condition for the issuance of any
permit or approval, the Township may require compliance with the conditions
that would have been applicable to the property at which time the
applicant acquired it.
C. Violations of any terms/conditions of an approved final plan or any
terms/conditions of the Development/Financial Security Agreements
authorized by this chapter shall be deemed violations of this chapter.
2. The procedure for enforcement remedies shall comply with §§ 515.1
and 515.3 of the MPC, as amended.