[Ord. 260, 9/17/2007]
1.
The purpose of this Part is to establish and define the public improvements that will be required by Wrightstown Township to be constructed or cause to be constructed by the applicant. Inspection of improvements shall be the responsibility of the Township pursuant to § 22-541.
2.
All improvements shall be constructed in accordance with the specifications
of Wrightstown Township.
3.
It is the intention of the Board of Supervisors to exercise, through
adoption of this chapter, the maximum lawful jurisdiction over subdivision
and land development permitted by the Pennsylvania Municipalities
Planning Code (see 53 P.S. § 10101 et seq.), its amendments
or successors. Without limitation, in the exercise of this power,
the following are subject to the provisions hereof:
[Ord. 260, 9/17/2007]
1.
This chapter shall be enforced by the person or agency specifically
so directed in any provision hereof, or by any person or agency designated
by the Board of Supervisors from time to time.
2.
Inspection of actual construction under any subdivision or land development
plan shall be the sole responsibility of the Township, which shall
undertake reasonable measures to provide an adequate inspection of
all projects.
3.
Any action not in accordance with the provisions of this chapter
shall be subject to a cease-and-desist order and other appropriate
measures necessary to obtain or produce compliance with this chapter.
4.
No lot, unit or other section of a subdivision shall be sold, leased,
or otherwise transferred, nor shall a building permit be issued unless
a final plan has been approved and recorded.
[Ord. 260, 9/17/2007]
Any division of land by lease for agricultural purposes into
parcels of more than 10 acres and not involving any new street or
easement of access or residential dwellings shall be exempt from this
chapter.
[Ord. 260, 9/17/2007]
1.
The improvements required by this chapter are minimum requirements.
Wrightstown Township reserves the right in any case to increase the
same if conditions so warrant in order to protect the health, safety,
and welfare of Township residents.
2.
If the Board of Supervisors approves a final plan of subdivision
or land development:
[Amended by Ord. No. 315, 4/3/2017]
A.
The Board of Supervisors shall adopt a resolution approving the final
plan or issue a letter of contingent approval.
B.
Approval shall not be final and the construction of improvements
having a public impact shall not be commenced until the applicant
provides the Township financial security and enters into a written
agreement with the Township in the manner and form set forth by the
Township Solicitor, to guarantee the construction and installation
of all improvements at the developer's expense.
C.
The final plan or record plan shall not be signed nor recorded and
construction of improvements shall not commence until the land development
agreement is executed and financial security is posted.
D.
Five exact copies of the approved final plan with signatures of the
required agencies shall be submitted to the Board of Supervisors.
3.
The developer shall furnish to Wrightstown Township financial security
in the form of an irrevocable letter of credit, escrow agreement or
such other surety as the Board of Supervisors shall approve, in an
amount and form approved by the Township and sufficient to cover the
costs of any improvements that may be required. Such financial security
shall provide for and secure to the public the completion of any improvements
that may be required on or before the date fixed in the formal action
of approval or accompanying agreement for completion of improvements.
The amount of financial security to be posted for 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, Wrightstown Township may adjust the amount
of the financial security by comparing the actual cost of the improvements
that 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, Wrightstown 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.
[Amended by Ord. No. 315, 4/3/2017]
4.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
in writing by an applicant or developer and prepared by a professional
engineer licensed as such in the Commonwealth of Pennsylvania and
certified by such engineer to be a fair and reasonable estimate of
such cost. Wrightstown Township, upon recommendation of the Township
Engineer, may refuse to accept such estimate for good cause shown.
If the applicant or developer and Wrightstown Township are unable
to agree upon an estimate, the procedures set forth in the Pennsylvania
Municipalities Planning Code shall be followed. If the developer 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 re-established on or about the expiration of the preceding
one-year period by using the above bidding procedure.
5.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plans by
section or stages of development subject to such requirements or guarantees
as to improvements in future stages of development as it finds essential
for the protection of any finally approved section of the development.
As the work of installing the required improvements proceeds, the
developer may request the Township to release, from time to time,
such portions of the financial security necessary for payment to the
contractor performing the work. Any such request shall be in writing
addressed to Wrightstown Township and 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
the improvements have been completed in accordance with the approved
plan. If Wrightstown Township fails to act within the forty-five-day
period, Wrightstown Township shall be deemed to have approved the
release of funds as requested. Wrightstown Township may, prior to
final release at the time of completion and certification by the Township
Engineer, require retention of 10% of the estimated cost of the aforesaid
improvements.
6.
Where Wrightstown Township accepts dedication of all or some of the
required improvements following completion, Wrightstown Township may
require the posting of financial security to secure structural integrity
of the improvements as well as the functioning of said improvements
in accordance with the design and specifications as depicted on the
final plan for a term not to exceed 18 months from the date of acceptance
of dedication. The amount of this financial security shall not exceed
15% of the cost of installation of the improvements.
7.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plan as set forth in this section, the Township shall not condition
the issuance of building, grading or other permits relating to the
construction of the improvements, including buildings, upon the lots
or land as depicted on the final plan. 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 permanently passable condition,
as well as the completion of all other improvements as depicted upon
the approved plan, 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.
8.
Release from Performance Guarantee.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify Wrightstown Township, by
certified or registered mail, of the completion of the improvements
and shall send a copy to the Township Engineer. Wrightstown Township
shall, within 10 days after receipt of such notice, direct and authorize
the Township Engineer to inspect all of the improvements. The Township
Engineer shall file a report with Wrightstown Township, 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 the authorization from Wrightstown Township.
This report shall indicate approval or rejection of the improvements,
and if the improvements, or any portion thereof, shall not be approved
by the Township Engineer, this report shall contain a statement of
reasons for such nonapproval or rejection.
B.
The Board of Supervisors shall, within 15 days of receipt of the
Township Engineer's report, notify the developer by certified or registered
mail of their actions in response to the Township Engineer's review
of improvements.
C.
If the Board of Supervisors or the Township Engineer fails to comply
with the time limitation provisions, all improvements will be deemed
to have been approved and the developer shall be released from all
liability, pursuant to its performance guarantee bond or other security
agreement.
D.
If any portion of the improvements shall not be approved or shall
be rejected by the Board of Supervisors, the developer shall proceed
to complete the improvements and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
E.
The applicant shall reimburse Wrightstown Township for the reasonable
and necessary expense incurred for the inspection of such improvements.
Such reimbursement shall be based upon a schedule adopted by resolution
and shall be reasonable and in accordance with the ordinary and customary
fees charged by the Township Engineer or consultant for work performed
for similar services in Wrightstown Township, and in no event shall
the fees exceed the rate or cost charged by the Township Engineer
or consultant to Wrightstown Township when fees are not reimbursed
or otherwise imposed on applicants. In the event that the applicant
disputes the amount of such expense in connection with inspection
of improvements, the procedure set forth in the Pennsylvania Municipalities
Planning Code shall be adhered to.
F.
Roads and parking areas in residential developments shall be completed
(except for the wearing course) before any occupancy permit is issued
for any residence in the subdivision or land development.
9.
Remedies for Completion of Improvements. In the event that required
public improvements have not been installed as provided in this chapter
or in accordance with the approved final plan, the Board of Supervisors
shall enforce the public improvements agreement and draw on the financial
security to insure the installation of the public improvements.
[Ord. 260, 9/17/2007]
1.
The provisions of this chapter are the minimum standards for the
protection of the public welfare. The Township reserves the right
to modify or extend them as may be necessary in the public interest.
2.
If the applicant establishes that literal enforcement of any provision
of this chapter will exact undue hardship because of peculiar conditions
pertaining to applicant's land, the Township may grant a modification
in writing to such applicant provided that such modification will
not be contrary to the public interest and the purpose and intent
of this chapter.
3.
All requests for modification shall be in writing, signed by the
applicant, and shall accompany and be a part of the application for
development. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions of this chapter involved, and the minimum
modification necessary. The request for modification may be referred
to the planning commission for advisory comments.
4.
In granting modifications, the Township may impose such conditions
as will, in its judgment, substantially secure the objectives of the
standards or requirements so modified.
5.
The Township shall keep a written record of all action on all requests
for modifications.
[Ord. 260, 9/17/2007]
1.
The applicant for a subdivision or land development approval shall
at the time of making application, pay to the Township reasonable
and necessary fees in accordance with a fee schedule adopted by resolution
of the Township upon the enactment of these regulations or as such
schedule may be amended by resolution of the Township.
2.
The applicant shall be required to submit additional fees to all
governmental agencies required to review subdivision and land development
plans.
3.
An application shall be deemed incomplete until all fees are paid
and the applications are properly signed.
4.
In the event that an applicant elects to file a combined preliminary
and final plan, separate applications and both fees shall be required.
5.
Applicants shall furnish an escrow fund sufficient to pay all fees
and costs required by this chapter. The escrow fund shall be paid
when preliminary or final plans are submitted for review and approval.
Said escrow fund shall be replenished:
6.
Escrow fund fees shall be fixed by the Board of Supervisors by resolution
from time to time. The escrow fund shall be sufficient to guarantee
the payment of:
A.
The services of the Township Engineer and Township Solicitor related
to review and consideration of the application, and all other costs
for engineering, traffic surveys, professional certification and other
services deemed necessary by the Board of Supervisors in reviewing
plans including, but not limited to, the services of a planner.
B.
The actual cost of all drainage, water and material tests.
C.
The cost of Township inspection services.
D.
Legal Fees, advertising and other costs involved in the dedication
of streets, easements and public improvements to the Township.
E.
Actual costs of recording.
F.
An administrative charge of 15% of the total costs described in Subsection
6A through E above.
