[Ord. 3/1/1978, 3/1/1978, § 900]
All streets, storm drains, sewers and sewer laterals, water
mains and services, monuments, street signs and other public improvements
required shall be installed in accordance with the approved plans,
the applicable provisions of the Pennsylvania Department of Transportation
Specifications, Form 408, dated 1977, or the latest revision thereof,
or other applicable regulations. The construction or installation
of all public improvements shall at all times be subject to inspection
by a designated representative of the Township. If such inspection
reveals that work is not in accordance with approved plans and specifications
or that construction is not being done in a workmanlike manner, said
representative is empowered to stop work and/or to require corrections
to be made. The developer shall notify the Board of the schedule of
anticipated road or other improvement construction and upon completion
of subgrade, base course and surface course.
[Ord. 3/1/1978, 3/1/1978; as added by Ord. 1-93, 1/6/1993]
1.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter
and any walkways, curbs, gutters, street lights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Township of Lower Oxford financial security in an amount
sufficient to cover the costs of such improvements or common amenities
including basins and other related drainage facilities, recreational
facilities, open space improvements, or buffer or screen plantings
which may be required.
2.
When requested by the developer, in order to facilitate financing,
the Board of Supervisors, shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat contingent
upon the developer obtaining a satisfactory financial security. The
final plat or record plan shall not be signed nor recorded until the
financial improvements agreement is executed. The resolution or letter
of contingent approval shall expire and be deemed to be revoked if
the financial security agreement is not executed within 90 days unless
a written extension is granted by the Board of Supervisors; such extension
shall not be unreasonably withheld and shall be placed in writing
at the request of the developer.
3.
Without limitation as to other types of financial security which
the Township of Lower Oxford may approve, which approval shall not
be unreasonably withheld, federal or commonwealth chartered lending
institution irrevocable letters of credit and restrictive or escrow
accounts in such lending institutions shall be deemed acceptable financial
security for the purposes of this section.
4.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
5.
Such bond, or other security shall provide for, and secure to the
public the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
6.
The amount of financial security to be posted for the 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, the Township of Lower Oxford
may adjust the amount of the financial security by comparing the actual
cost of the improvements which 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,
the Township of Lower Oxford 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 subsection.
7.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Township of
Lower Oxford, upon the recommendation of the Township engineer, may
refuse to accept such estimate for good cause shown. If the applicant
or developer and the Township of Lower Oxford are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this commonwealth
and chosen mutually by the Township of Lower Oxford and the applicant
or developer. The estimate certified by the third engineer shall be
presumed fair and reasonable and shall be the final estimate. In the
event that a 3rd engineer is so chosen, fees for the services of said
engineer shall be paid equally by the Township of Lower Oxford and
the applicant or developer.
8.
If the party posting the financial security 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 reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
9.
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 section or stages of development
as it finds essential for the protection of any finally approved section
of the development.
10.
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, from time to time, of such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Board of Supervisors, and the 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 such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification the
Board of Supervisors shall authorize release by the bonding company
or lending institution of an amount as estimated by the Township engineer
fairly representing the value of the improvements completed or, if
the Board of Supervisors fails to act within said forty-five-day period,
the Board of Supervisors shall be deemed to have approved the release
of funds as requested. The Board of Supervisors may, prior to final
release at the time of completion and certification by its engineer,
require retention of 10% of the estimated cost of the aforesaid improvements.
11.
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.
12.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Township of Lower Oxford,
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 within
the financial security as otherwise required by this section.
13.
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, the Township of Lower Oxford
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.
[Ord. 3/1/1978, 3/1/1978, § 901; as amended by
Ord. 1-93, 1/6/1993]
1.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the 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 Township
engineer. The Board of Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Township engineer to inspect
all of the aforesaid improvements. The Township engineer shall, thereupon,
file a report in writing, with the 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 Township 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 Township engineer, said
report shall contain a statement of reasons for such nonapproval or
rejection.
2.
The 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 Board of Supervisors with
relation thereto.
3.
If the Board of Supervisors or the Township 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.
4.
If any portion of the said 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.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings
or otherwise, any determination of the Board of Supervisors or the
Township engineer.
6.
Where herein reference is made to the Township engineer, he shall
be as a consultant thereto.
7.
The applicant or developer shall reimburse the Township of Lower
Oxford for the reasonable and necessary expense incurred for the inspection
or improvements according to a schedule of fees adopted by resolution
of the Board of Supervisors and as from time to time amended. Such
expense 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 the community, but in no event
shall the fees exceed the rate or cost charged by the engineer or
consultant to the Township of Lower Oxford when fees are not reimbursed
or otherwise imposed on applicants.
A.
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Township
of Lower Oxford that such expenses are disputed as unreasonable or
unnecessary, in which case the Township of Lower Oxford shall not
delay or disapprove a subdivision or land development application
or any approval or permit related to development due to the applicant's
request over disputed engineer expenses.
B.
If, within 20 days from the date of billing, the Township of Lower
Oxford and the applicant cannot agree on the amount of expenses which
are reasonable and necessary, then the applicant and the Township
of Lower Oxford shall jointly, by mutual agreement, appoint another
professional engineer licensed as such in the Commonwealth of Pennsylvania
to review the said expenses and make a determination as to the amount
thereof which is reasonable and necessary.
C.
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
sole opinion deems necessary and render a decision within 50 days
of the billing date. The applicant shall be required to pay the entire
amount determined in the decision immediately.
D.
In the event that the Township of Lower Oxford and applicant cannot
agree upon the professional engineer to be appointed within 20 days
of the billing date, then, upon application of either party, the President
Judge of the Court of Common Pleas of the judicial district in which
the Township of Lower Oxford is located (or if at the time there be
no President Judge, then the senior active judge then sitting) shall
appoint such engineer, who, in that case, shall be neither the Township
engineer nor any professional engineer who has been retained by, or
performed services for, the Township of Lower Oxford or the applicant
within the preceding five years.
E.
The fee of the appointed professional engineer for determining the
reasonable and necessary expenses shall be paid by the applicant if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Township of
Lower Oxford shall pay the fee of the professional engineer, but otherwise
the Township of Lower Oxford and the applicant shall each pay 1/2
of the fee of the appointed professional engineer.
[Ord. 3/1/1978, 3/1/1978; as added by Ord. 1-93, 1/6/1993]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat the Board of Supervisors is hereby granted the
power to enforce any corporate bond, or other security by appropriate
legal and equitable remedies. If the proceeds of such bond, or other
security are insufficient to pay the cost of installing or making
repairs or corrections to all the improvements covered by said security,
the Board of Supervisors may, at its option, install part of such
improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover
the moneys necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the developer, or both,
shall be used solely for the installation of the improvements covered
by such security, and not for any other Township purpose.
[Ord. 3/1/1978, 3/1/1978, § 902]
Within 30 days after completion and approval by the Township
of public improvements as shown on final plans, and before acceptance
of such public improvements, the applicant shall submit to the Board
a corrected copy of said plans showing actual dimensions and conditions
of streets and all other improvements, certified by the applicant
to be in accordance with actual construction.
[Ord. 3/1/1978, 3/1/1978, § 903]
Upon completion of any public improvements shown on an approved
final plan, the Board may require that a developer offer such public
improvements for dedication. In such a case, the developer shall prepare
a deed of dedication and forward same to the Secretary of the Township
for review by the Solicitor. Deeds of dedication for public improvements
may be accepted by resolution of the Board at a regular meeting thereof.
[Ord. 3/1/1978; as added by Ord. 1-93, 1/6/1993]
1.
Upon the approval of a final plat, the developer shall within 90
days of such final approval record such plat in the office of the
Recorder of Deeds of the county in which the Township of Lower Oxford
is located. The Recorder of Deeds shall not accept any plat for recording
unless such plat officially notes the approval of the Board of Supervisors,
and review by the county planning agency.
2.
The recording of the plat shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plat.
