[Ord. No. 2017-05, 10/23/2017]
1. No plan shall be granted final approval until the applicant either:
A. Installs all required improvements in accordance with the terms of
preliminary plan approval and the applicable design standards of said
improvements.
B. Posts a form of financial security, acceptable to the Township Board
of Supervisors, which shall be of sufficient amount to fully cover
the costs of all required improvements in accordance with the terms
of approval and the applicable design standards of said improvements.
The Township Board of Supervisors shall retain sole discretion in
all matters and decisions related to the acceptance and/or approval
of the posting of any financial security.
C. The applicant shall not be required to provide financial security
for the costs of any improvements for which a financial security is
required by the Pennsylvania Department of Transportation in connection
with the issuance of a highway occupancy permit. A copy of any such
executed financial security shall be provided to the Board of Supervisors
not less than 14 days prior to its next regularly scheduled meeting
at which the final plan shall be considered.
D. 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, 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. A copy of any such
executed financial security shall be provided to the Board of Supervisors
not less than 14 days prior to its next regularly scheduled meeting
at which the final plan shall be considered.
[Ord. No. 2017-05, 10/23/2017]
1. A financial guarantee which shall be deemed as acceptable financial
security for the purposes of this chapter shall include:
A. An unconditional and irrevocable letter of credit with authorization
for drawing upon by the Township in the event of default or failure
by the developer or applicant to complete the installation of required
improvements.
B. A restrictive escrow account.
C. Other types of financial security which the Township may approve,
which approval shall not be unreasonably withheld.
2. Such financial security shall be with a lending institution which
is chartered by the federal government or the Commonwealth of Pennsylvania
or with a bonding company which is legally authorized to conduct such
business within the Commonwealth of Pennsylvania.
3. Such financial 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.
[Ord. No. 2017-05, 10/23/2017]
When an applicant proposes to provide a financial security,
said financial security shall be submitted to the Township Board of
Supervisors and the Township Solicitor for their review not less than
14 days prior to the public meeting of the Board of Supervisors at
which the acceptance and/or approval of proposed financial security
will be considered by the Board.
[Ord. No. 2017-05, 10/23/2017]
The amount of financial security to be posted for the completion
of required improvements shall be equal to 110% of the cost of completion,
estimated as of 90 days following the scheduled completion date. The
amount of the required financial security shall be based upon a written
estimated cost of completion of required improvements, submitted by
the developer or applicant, and prepared by a professional engineer,
licensed as such by the commonwealth. Said engineer shall certify,
in writing, that his estimated cost for the completion of the required
improvements is a fair and reasonable estimate. The Township Board
of Supervisors, upon the recommendation of the Township Engineer,
may, for good cause shown, refuse to accept the developer's estimated
cost. In cases where the Township and the developer or applicant are
unable to agree on an estimate, then the estimate shall be recalculated
and recertified by another licensed professional engineer, mutually
accepted by the Township and the developer or applicant. The estimate
certified by the third party engineer, being presumed fair and reasonable,
shall be deemed the final estimate. In the event that the third party
engineer is chosen, the cost of his services shall be paid equally
by the Township and the developer or applicant.
[Ord. No. 2017-05, 10/23/2017]
1. The financial security shall provide for, and secure to the public,
the completion of the required improvements within one year of the
date fixed on the final plan for the completion of such improvements.
2. If the applicant in posting the financial security requires more
than one year from the date of posting 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
anniversary date from posting of the financial security or to an amount
not exceeding 110% of the cost of completing the required improvements
as reestablished on or before the expiration of the preceding one-year
period.
[Ord. No. 2017-05, 10/23/2017]
In the case where development is projected over a period of
years, the Board of Supervisors may authorize the submission of final
plans by sections or phases of development subject to such requirements
or guarantees as to improvements in future sections or phases of development
as it finds essential for the protection of any finally approved section
of the development.
[Ord. No. 2017-05, 10/23/2017]
The applicant and/or developer shall provide the Township and
the Township Engineer with not less than a seventy-two-hour notice
prior to the commencement of work at the site.
[Ord. No. 2017-05, 10/23/2017]
The Township Engineer may make periodic inspections to the site
during the construction of improvements to ensure the work is in conformance
with the approved plans. The Township Engineer shall promptly provide
the Township Board of Supervisors with a written report after any
such inspection.
[Ord. No. 2017-05, 10/23/2017]
1. As the work of installing the required improvements proceeds, the
party posting financial security may request the Township 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.
2. Any such request shall be, in writing, addressed to the Township
Board of Supervisors. The Supervisors shall have 45 days from receipt
of such request within which to allow the Township Engineer to certify,
in writing, to the Township Board of Supervisors that such portion
of the work upon the improvements has been completed in accordance
with the approved plan.
3. Upon such certification, the Township Board of Supervisors shall
authorize release by the lending institution or bonding company of
an amount as estimated by the Township Engineer as fair in representing
the value of the completed improvements. Failure of the Township Board
of Supervisors to act within the said forty-five-day period shall
be deemed an approval of the release of the funds requested.
4. The Township 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.
[Ord. No. 2017-05, 10/23/2017]
1. Where the Township Board of Supervisors accepts dedication of all
or some of the required improvements following completion, it may
require the posting of financial security to secure the structural
integrity of said improvements as well as the functioning of said
improvements in accordance with the design and specifications as shown
on the final plan for a term not to exceed 18 months from the date
of acceptance of dedication.
2. Said financial security shall be of the same type as otherwise required in §
22-702 of this chapter 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.
[Ord. No. 2017-05, 10/23/2017]
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, 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. A copy of any such
executed financial security shall be provided to the Board of Supervisors
not less than 14 days prior to its next regularly scheduled meeting
at which the final plan shall be considered.
[Ord. No. 2017-05, 10/23/2017]
1. If financial security has been provided in lieu of the completion
of improvements required as a condition for final approval as set
forth in this Part, the Township shall not condition the issuance
of zoning, building, grading or other permits relating to the erection
or placement of improvements, including buildings, upon the lots or
land as shown on the final plan upon actual completion of the improvements
shown on the approved final plan.
2. If a financial security has been provided, the issuance of certificates
of zoning compliance or occupancy permits for any building or buildings
to be erected shall not be withheld following:
A. 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; and
B. The completion of all other improvements as shown on the approved
final plan, either upon the lot or lots beyond the lot or lots in
question, if such improvements are deemed necessary for the reasonable
use of or occupancy of the building or buildings.
[Ord. No. 2017-05, 10/23/2017]
1. When the applicant has completed all of the necessary and required
improvements, the applicant shall notify the Township 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.
2. The Township Board of Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Township Engineer to inspect
all the aforesaid improvements. The Township Engineer shall thereupon
file a report, in writing, with the Township Board of Supervisors,
and shall promptly mail a copy of the same to the developer. The report
by the Township Engineer shall be made and mailed within 30 days from
the aforesaid authorization from the Township Board of Supervisors.
3. The report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part. If said improvements,
or any portion thereof be rejected, said report shall contain a statement
of the reasons for such rejection.
4. The Township Board of Supervisors shall notify the developer, in
writing, within 15 days of receipt of the Township's Engineer's
report, by certified or registered mail of the action of the Township
Board of Supervisors with relation thereto.
5. If the Township 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 applicant
shall be released from all liability, pursuant to its performance
guarantee bond or other security agreement.
[Ord. No. 2017-05, 10/23/2017]
If any portion of the said improvements shall not be approved or shall be rejected by the Township Board of Supervisors, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined in §
22-712, shall be followed.
[Ord. No. 2017-05, 10/23/2017]
Nothing herein, however shall be construed in limitation of
the applicant's right to contest or question by legal proceedings
or otherwise any determination of the Township Board of Supervisors
or Township Engineer.
[Ord. No. 2017-05, 10/23/2017]
1. In the event that any improvements which may be required have not
been installed as provided in this chapter or in accordance with the
approved final plan, the Township Board of Supervisors can enforce
any corporate bond or other security by appropriate legal and equitable
remedies.
2. 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 Township Board of Supervisors
may, at its option, install part of such improvements in all or part
of the subdivision or land development, may institute appropriate
legal or equitable action to recover the moneys necessary to complete
the remainder of the improvements.
3. All of the proceeds, whether resulting from the security or from
any legal or equitable action or from both brought against the applicant
shall be used solely for the installation of the improvements covered
by such security, and not for any other municipal purpose.
[Ord. No. 2017-05, 10/23/2017]
In addition to the fees noted in §
22-111 of this chapter, the developer shall be responsible for payment of all engineering fees which the Township may incur as related to §§
22-704,
22-705,
22-708,
22-709,
22-710 and
22-712 of this chapter. The developer shall be required to fully reimburse the Township for said engineering fees. The developer shall also be required to fully reimburse the Township for any engineering and/or other consulting fees which the Township may incur for the review of any required studies and/or reports within the context of an "impact analysis" as so defined in Part
2 of this chapter. Upon notification by the Township of such costs, the developer shall provide a certified check or money order to the Township to fully reimburse the Township for said engineering fees. An approved plan shall not be signed by the Township Board of Supervisors nor shall any permits related to the development of the site be issued until all fees are paid in full.
[Ord. No. 2017-05, 10/23/2017]
1. An applicant may contest the amount to be reimbursed to the Township
for consulting fees. The applicant shall notify the Township, in writing,
within 10 working days of the billing date, as to which consulting
fees are disputed as being unreasonable and/or unnecessary. The applicant
shall forfeit any right to contest the amount to be reimbursed to
the Township for consulting fees, if written notification is not submitted
within the prescribed 10 working days of the date of the billing.
2. In such cases, the Township Board of Supervisors shall not delay
or disapprove a subdivision or land development application or any
permit related to development due to the applicant's written request
to contest certain consulting expenses.
3. If, within 20 days from the date of billing, the Township and the
applicant cannot agree on the amount of consulting expenses which
are reasonable and necessary, then the applicant and the Township
Board of Supervisors 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.
4. 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.
5. In the event that the Township Board of Supervisors and applicant
cannot agree upon a professional engineer to be appointed within 20
days of the billing date, then upon application of either party, the
President Judge of the Columbia 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 engineer, who shall be neither the
Township Engineer nor any professional engineer who has been retained
by, or performed services for, the Township or the applicant within
the preceding five years.
6. The fee of the appointed professional engineer for determining the
reasonable and necessary consulting expenses shall be paid by the
applicant if the amount of the 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 shall pay the fee of the professional engineer.
If neither of the aforementioned cases apply, the Township and the
applicant shall each pay 1/2 of the fee of the appointed professional
engineer.