[Ord. 1994-1, 7/--/1994, § 301]
2.
This procedure shall also apply to any adjustment of property lines
that does not create additional lots or any combination of existing
lots or parts of lots to eliminate existing lots.
3.
Where property is being transferred between neighboring lots or tracts
the submission shall include a sketch showing the lots or tracts prior
to the proposed transaction and a second sketch showing the lots or
tracts after the subdivision. A subdivision of this type need not
be sent to the County Planning Commission for review.
4.
The developer shall inform the Secretary of the Planning Commission
at least 10 days prior to a regular meeting that he/she intends to
submit his proposal in four copies at the meeting.
5.
The Commission shall review the plan and provide copies to the Board
of Supervisors and to the Sewage Enforcement Officer. The Commission
shall note deficiencies it discovers in the plan in its minutes and
inform the developer of them, requesting correction or addition of
information.
6.
The developer may submit his application initially either to the
Township Planning Commission or the County Planning Commission. If
the first review is by the County the developer shall retrieve the
original drawing for presentation to the Township. If the first review
is by the Township, the developer shall convey the drawing to the
County for review.
7.
The Township Planning Commission shall communicate the results of
its review of the plan to the Board of Supervisors and the Board shall
render its decision within 90 days of the Planning Commission meeting
at which the plan was first reviewed. The Board's decision shall
be based on the plan to be recorded. In no case shall the Board make
its decision until it has received the review comments from the Township
and County Planning Commissions staff. The Board may act if the County's
comments have not been received when 30 days have elapsed since the
plan was submitted to the County.
8.
Failure of the Board of Supervisors to render a decision within 90
days of receipt of the application or to communicate the decision
to the developer within 15 days thereafter shall be deemed an approval
of the application as presented unless the developer agrees in writing
to a mutually agreeable extension.
9.
From the date of submission of an application no amendments to this
or other ordinances of Vernon Township shall detrimentally affect
the application as originally presented or its review and approval
or rejection; provided, all sections of the approved plan are completed
within five years of the original application.
10.
Once he/she has received final approval, as indicated by the signatures
of the Chairman of the Board of Supervisors and the Township Secretary,
he/she shall file his plan with the Crawford County Recorder of Deeds
within 90 days thereafter. Failure to record within the time limit
shall render the plan null and void, requiring submittal of the plan
for reapproval.
[Ord. 1994-1, 7/--/1994, § 302]
1.
Any developer desiring approval of a subdivision plan (see § 22-105, Subsection 2) is urged to request the opportunity to present his preliminary plan at a regular meeting of the Planning Commission. He/she shall inform the Secretary of the Planning Commission at least 10 days prior to the meeting of his intent.
2.
The material presented should include a scaled plan of the property
to be developed including lot layout, adjacent public roads, streams,
hydric soils according to the County Soil Survey, easements, natural
and man-made features presently on the property, utility lines to
serve the development and proposed use of the property or parts of
the property as the result of development.
3.
The purpose of the meeting is to acquaint the Planning Commission
with the proposed development, to indicate to the developer the constraints
upon development contained in this and other municipal ordinances
upon the proposed development, to discuss the impact of the proposal
upon the Township and to suggest to the developer the procedures he/she
should follow to gain approval. Such review and advice shall not be
related to any time limit nor be binding on any subsequent action
of the Township.
[Ord. 1994-1, 7/--/1994, § 303]
2.
The Planning Commission shall review the submitted documents at its
next regularly scheduled meeting after receipt in the presence of
the developer or his representative. The Commission may table the
submission if the developer or his representative are not present
and aspects of the plan as submitted are not clear. The submission
shall be reviewed as to its conformance with the requirements of this
chapter and with other applicable Township regulations. If the Commission
is satisfied that all requirements have been met it shall submit one
copy of the documents to the Board of Supervisors and the developer
shall submit one copy to the County Planning Commission. At his option
the developer may first submit his plan to the County.
3.
If professional engineering or other consulting services are retained
by the Township to review the plan, the Planning Commission shall
inform the developer prior to hiring such services that they are required
as a condition of the review and that the costs, as estimated in advance
by the engineer retained, shall be paid by the applicant.
A.
The Board of Supervisors shall adopt by resolution a schedule of
fees in accordance with the ordinary and customary charges billed
by the engineer or consultant for similar work. A copy of the resolution
shall be provided to the developer.
B.
If the developer disputes the fee he/she shall so notify the Township
Secretary within 10 days of the date on which the services were billed.
The developer shall be responsible for 2/3 of the bill for services
in any case but may ask that the other third be subject to negotiation.
The process of review and decision on the developer's plan shall
not be delayed by the disputed fee.
C.
At its next regular meeting the Board of Supervisors and developer
may negotiate the remaining 1/3 of the consultant's bill to reach
a binding figure. However, if a compromise is not reached, the Board
and developer shall mutually agree on another professional with the
same expertise as the one whose bill is contested or a registered
professional civil engineer in Pennsylvania. The third party professional
shall determine an equitable settlement which shall be binding within
30 days of his appointment and communicate his decision immediately
to the Township Secretary and to the developer. The settled amount
shall be paid to the consultant within 30 days.
D.
The bill submitted by the third party professional for his services
shall be equally shared by the Township and the developer and paid
within 30 days by each of them.
4.
If the Commission is not satisfied that all requirements have been
met it will indicate the specific discrepancies to the developer in
writing. The developer shall then make appropriate corrections to
the documents before again submitting them for preliminary approval.
The Commission may call and hold a public hearing on the development
proposal, properly noticed; provided, such hearing is commenced within
40 days of receipt of the application.
5.
The Planning Commission shall render a decision as to approval, disapproval
or approval with conditions not later than the third regular monthly
meeting after the date of the meeting at which the preliminary application
was initially reviewed and not subsequently rejected. The decision
shall be based on the Commission's review, a field visit to the
property to be divided or developed and comments of the Board of Supervisors
and County Planning Commission. The official decision shall be transmitted
in writing to the developer at his address of record not later than
15 days after the decision is reached indicating specifically, if
the approval is denied, the reasons for denial, citing the appropriate
ordinance section and the steps needed to gain approval.
6.
Failure to Render a Decision. Failure of the Planning Commission
to render a decision and/or to communicate it to the developer within
the time and in the manner required above shall be deemed an approval
of the application as presented unless the developer has agreed in
writing to an extension of time or change in the prescribed manner
of presentation of the decision, in which case failure to meet the
extended time or change in manner of presentation or communication
shall have the same effect.
7.
Amendment of Ordinances Affecting Applications. From the time an
application for approval of a subdivision or land development is duly
filed with the Secretary of the Board of Supervisors and while such
application is pending approval or disapproval no change or amendment
of this chapter or others affecting development in the Township shall
influence the decision on such application adversely to the developer
and the developer shall be entitled to a decision in accordance with
the provisions of this chapter and others affecting development in
the Township as they stood at the time the application was duly filed.
However, if an application is properly and finally denied, any subsequent
application shall be subject to any intervening changes in this or
other ordinances. When an application has been approved or approved
subject to conditions acceptable to the developer no subsequent change
or amendment to this or other ordinances affecting development in
the Township shall be applied to influence adversely the right of
the developer to commence and to complete any aspect of the approved
development in accordance with the terms of such approval within five
years from the date of such preliminary approval.
8.
Interpretation of Approval. Approval of a preliminary application
shall not be construed to constitute final approval but only an authorization
to proceed with preparation of the final plan application for presentation
to the Planning Commission within one year.
[Ord. 1994-1, 7/--/1994, § 304]
1.
Existing conditions map at a scale of one inch equals 100 feet; or
larger (i.e., one inch equals 50 feet, one inch equals 40 feet, etc.)
showing:
A.
Contours at five-foot intervals throughout the property (may be interpolated
from USGS data).
B.
Boundary of the property indicating bearings and distances of each
line enclosing the property.
C.
Area of the property in acres.
D.
Boundaries, where they adjoin the property under consideration, of
abutting properties or lot plans, indicating names of abutting owners
of lot plans.
E.
Existing streets or roads abutting the property or within 50 feet
of it indicating name, type of surfacing, right-of-way width and paving
width.
F.
Existing easements, if any, indicating width, bearings, distances,
use and lessee within or adjacent to the property.
G.
Existing electric, telephone, sewer, water and/or gas lines, if any,
in abutting streets or within 50 feet of the boundary of the property,
indicating line size, manholes, hydrants and similar appurtenances.
H.
Existing streams or watercourses in the property or within 50 feet
of it, together with culverts, inlets and/or storm drain lines if
any.
I.
Edges of the one-hundred-year floodplain from Federal Emergency Management
Agency maps and of hydric soils areas according to the County Soil
Survey if applicable.
J.
Existing tree masses in approximate location and/or other natural
features.
K.
Existing buildings, structures or other significant man-made features
such as driveways or walls within the property or within 50 feet of
it.
L.
North arrow, linear scale, date that map was prepared, name and address
of registered surveyor who prepared the map (including his Pennsylvania
seal), name of the subdivision or development and names and addresses
of owners of record of the property together with the developer's
name and address if not the owner.
M.
Vicinity map at a scale of one inch equals 2,000 feet showing the
position of the plan relative to major roads and landmarks in the
vicinity.
2.
Subdivision plan at the same scale as the existing conditions map
and combined with it as one drawing, if desired, showing:
A.
Proposed lot plan indicating minimum and typical lot sizes in square
feet, minimum and typical lot widths at front building line, setback
line from street rights-of-way, proposed use of each lot and identification
number in each lot running consecutively through the plan.
B.
Proposed street plan indicating right-of-way widths, pavement widths,
maximum grades and street names.
C.
Proposed solution for surface storm drainage including location of
culverts, inlets, retention basins, outfalls and natural drainageways.
D.
Location of any sanitary sewer and/or water supply lines indicating
direction of sewage flow, manholes, force mains, pump stations, treatment
facilities, water storage vessels, hydrants, wells, etc., and points
of connection to existing systems.
E.
Location and size of area to be set aside for recreation, community
use or permanent open space, if any.
F.
Proposed location of easements through or into the plan indicating
width and use.
3.
Profiles.
A.
Vertical section along the center line of proposed streets indicating
approximate finished grades and location of ground surface prior to
grading.
B.
Vertical section along the center line of proposed sanitary and storm
sewer lines, if any, showing grade of line, manholes and ground surface.
C.
The horizontal scale of the profiles shall be the same as the plan
maps but the vertical scale should be exaggerated for clarity.
4.
Soil percolation tests conducted under the direction of the Township
Sewage Enforcement Officer, with the location of the test holes shown
on the subdivision plan and the test hole data shown separately in
the event the plan will not be connected to a public sewer system.
[Ord. 1994-1, 7/--/1994, § 305]
1.
Having received preliminary plan approval a developer shall, within one year of receiving such approval, submit in not less than four copies documentation required for final plan approval (see § 22-306) to the Secretary of the Board of Supervisors. Failure to present the plan for final approval within one year shall render the preliminary approval void.
2.
The application may be for all or a part of the plan given preliminary
approval but the portion submitted shall be substantially the same
as depicted on the approved preliminary plan.
3.
The Planning Commission shall review the submitted documents at its
next regularly scheduled meeting after their receipt in the presence
of the developer or his representative. The submission shall be reviewed
as to its conformance with the approved preliminary plan and with
the requirements of this chapter and with other applicable Township
regulations. If the Commission is satisfied that all requirements
have been met it shall submit one copy of the documents to the Board
of Supervisors. The developer shall submit one copy to the County
Planning Commission for review and comment. At his option the developer
may first submit his plan to the County.
4.
If the developer or his representative fails to appear at the meeting
when the final plan is first reviewed and the Commission has questions
that cannot be answered the Commission may table the plan to the next
regular meeting.
5.
If the Commission is not satisfied that all the requirements have been met or that the final plan application deviates substantially from the preliminary approved application it will indicate the specific discrepancies to the developer in writing. The developer shall then make appropriate corrections to the documents before again submitting them for final approval. The Commission may recommend that the Board retain professional review assistance as provided for in § 22-303, Subsection 3, above.
6.
The Planning Commission shall send its recommendations in writing
to the Board of Supervisors indicating approval, disapproval or approval
with conditions.
7.
The Board of Supervisors shall review the recommendations of the
Township Planning Commission and the comments of the County Planning
Commission. The Board may call and hold a public hearing on the final
plan application, properly noticed. The Board shall make its final
decision, either approval or rejection of the final plan application,
not later than 90 days after the meeting of the Planning Commission
at which the final plan application was first presented and not subsequently
rejected by the Commission. The official decision shall be transmitted
in writing to the developer at his address of record not later than
15 days after the decision is reached, indicating specifically if
the approval is denied, the reasons for denial, citing the appropriate
ordinance section and the steps needed to gain approval.
8.
Failure of the Board of Supervisors to render a decision and/or to
communicate it to the developer within the time and in the manner
required above shall be deemed an approval of the application as presented
to the Board unless the developer has agreed in writing to an extension
of time or change in the prescribed manner of presentation of the
decision, in which case failure to meet in the extended time or change
in manner of presentation or communication shall have the same effect.
[Ord. 1994-1, 7/--/1994, § 306]
1.
The affixing of the signatures of the Chairman of the Board of Supervisors and others as required by § 22-307 shall render the final plan application ready for recording.
2.
The final approved plan with all signatures attached shall be recorded
at the office of the Crawford County Recorder of Deeds within 90 days
after the date of final approval as noted on the recording drawing
or the approval shall be declared null and void. (See § 513
of the Act of 247, as amended.)
3.
It shall be unlawful for anyone to make any change whatsoever to
a plan after final approval and before recording.
4.
The recording of a plan shall not constitute grounds for assessment
increases until such time as lots are sold and/or improvements are
installed on the land.
[Ord. 1994-1, 7/--/1994, § 307; as amended by Ord.
1997-2, 3/6/1997]
1.
Final Plan Map; General Information.
A.
The map scale shall be either one inch equals 50 feet or one inch
equals 100 feet.
B.
The map shall be prepared in ink on stable dimension film material.
C.
If final plan approval is sought for only a part of the area for
which preliminary plan approval has been granted a key map shall be
provided showing the relationship of the area for which final approval
is requested to the area granted preliminary approval.
D.
A title block in the lower right hand corner of the plan sheet containing:
(1)
Title approved by the Planning Commission under which the subdivision
or development plan is to be recorded.
(2)
Date of submission of the plan.
(3)
Graphic scale.
(4)
Name and address of owner of land and developer, if different.
(5)
Name and address of professional engineer and/or surveyor who
prepared the plan with his Pennsylvania seal affixed.
E.
Certificates and acknowledgements as may be required.
(1)
Individual or corporate adoption, notarized.
(2)
Individual or corporate acknowledgment, notarized.
(3)
Guarantee of title and mortgagee's consent to recording,
if applicable, notarized.
(4)
Surveyor's certificate, sealed.
(5)
Review by County Planning Commission.
(6)
Recommendation by Township Planning Commission.
(7)
Approval by Board of Supervisors.
(8)
Release of Vernon Township from obligations to construct improvements.
(9)
Approval of any modification if granted.
(10)
Proof of recording.
(11)
State highway occupancy notice, if access to a state highway.
2.
Final Plan Map; Information on Plan.
A.
Perimeter boundary line of area for which final plan approval is
sought indicating bearings and distances of each line.
B.
Street right-of-way lines indicating bearings to the nearest 1/6
of a minute and distances of lines, radii and lengths of curbs and
right-of-way width to the nearest 1/100 of a foot.
C.
Subdivision or lot lines indicating bearings and distances of lines
and radii and lengths of curves to the same accuracy for streets.
D.
Setback line from adjacent street in each lot.
E.
Easement right-of-way lines indicating bearings and distances, widths
and use of easement.
F.
Names of all streets.
G.
Lot and block numbers in each lot conforming to approved preliminary
plan.
H.
Location of all monuments to be set by developer in accordance with
Part 4.
I.
Location of any lands within the property to be dedicated for public
use, such land to be designated for a specific use on the plan and
dimensioned as for other lots.
J.
Area of each parcel of land to be sold to the nearest square foot
or 1/100 of an acre.
K.
Names of owners of unplatted adjacent property and names of adjacent
lot or development plans in appropriate locations.
L.
North arrow.
M.
Location of gas lines, if any, by size and owner, together with point
of connection to existing lines and any structures or appurtenances
required to be inserted on the lines to serve the plan.
N.
Sewage Disposal.
(1)
Treatment on Individual Lots. Approximate location of soil test
sites approved by the Sewage Enforcement Officer within the plan and
approximate location of tile field on each lot.
(2)
Attachment to Existing System. Location of proposed lines indicating size and material of each line, direction of flow, point of connection to existing system and manholes numbered to correspond with profile numbers (see Subsection 2N(3) below).
(3)
Treatment at Temporary On-Site Treatment Plant. Location of
proposed lines indicating size and material, direction of flow, manholes
numbered to correspond with profile numbers, location of treatment
plant, access to it, point of effluent discharge and certificate of
the State DEP approving the plant and system design.
P.
Stormwater, Grading and Erosion Control.
(1)
The location of culverts, catch basins and subsurface storm
lines with size, pipe material and direction of flow.
(2)
The location of stormwater-retarding devices together with a
section through the device showing elevations of inlet and outflow
pipes and maximum water level, overflow dam and other features.
(3)
Where grading is to occur the area to be disturbed shall be
shown and the percentage of slope to be created as well as devices
to contain erosion from the graded slopes.
(4)
Proposed planting of the slopes and means of directing stormwater
around the top and toe of the slope.
3.
Profiles and cross sections of public improvements shall be shown
at the same horizontal scale as the final plan map but the vertical
scale should be exaggerated for clarity. Existing contours along the
center lines and proposed grades shall be shown:
A.
Profiles along center line of each section of street to be constructed
showing existing ground elevation, proposed grades, vertical curves
connecting changes in grade and connection to existing roads.
B.
Cross section through proposed streets between right-of-way lines
showing thickness and widths of materials to be used in meeting Township
road construction standards and maximum grades to be used in transition
to existing contours, such cross section drawn at a scale of one inch
equals 10 feet.
C.
Profiles along center line of each section of storm drainline indicating
line size, material and slope, inlets, culverts and outfalls.
D.
If attachment to a public sewage disposal system is proposed, profiles
along the center line of each section of line indicating line size,
material of pipe and slope, manholes, lampholes and treatment facilities
and showing the flowline and top-of-casting elevations for each manhole
numbered to correspond to the sewer system plan.
4.
Titles and Approvals Required of the Developer before Final Plan
Approval Can be Given.
A.
A letter from the Township Sewage Enforcement Officer attesting that
lots to be sold are sufficient in area to accommodate on-lot sewage
disposal and water supply within the requirements of the state law
based on soil percolation tests conducted by the officer.
B.
If the plan will be connected to existing public sewage disposal
and/or water supply systems, letters from the utilities indicating
they will accept sewage and/or provide water to the plan as well as
a certificate of public convenience from the Pennsylvania P.U.C. or
a copy of an application for such a certificate provided by the water
supplier.
C.
An accounting by the engineer preparing the submission of all costs
for constructing improvements to be provided by the developer. Costs
shall be broken down into quantities, unit costs and totals.
D.
The form of an improvement bond or other security written to the
benefit of the Township, approved by the Township Solicitor and already
for the signatures of the Board of Supervisors, equal in value to
110% of the estimated costs of installing the improvements plus 10%
for each year after the first that the improvements will be under
construction.
E.
Any restrictive covenants and/or rights of easement in the form in
which they will be filed as legal documents.
F.
If the proposed plan includes access to a state highway the final
plan map shall bear a notice that a highway occupancy permit is required
pursuant to § 420 of the State Highway Act before access
to the adjacent state highway will be permitted.
[Ord. 1994-1, 7/--/1994, § 308]
1.
As a condition of final plan approval the Board of Supervisors shall
require the developer to deposit a corporate bond or other security
acceptable to the Board to be held in escrow and equal to the total
estimated costs, as determined by the developer's engineer and
approved by the Township Engineer, of all improvements to be constructed
to serve the approved final plan and agreed to by the developer and
Vernon Township. All required improvements shall be completed within
five years of the date of final plan application approval unless the
Township and the developer agree jointly for an extension of time.
If the improvements are not completed within the agreed time period
or approved extension, the Township may have the securities held in
escrow declared forfeit and shall utilize them to complete the improvements
not at the time of forfeit complete. (See § 509 of Act 247,
as amended.)
2.
The amount of the financial security shall be equal to 110% of the
cost of completing all the required improvements estimated as of 90
days following completion of the improvements as determined by the
developer.
3.
The developer may request the Board of Supervisors to provide him/her
with a signed copy of a resolution indicating approval of the final
plan contingent upon the developer obtaining satisfactory financial
security. The final plan shall not be signed by the Chairman of the
Board until after the security bond is executed. The resolution shall
be deemed revoked if the developer fails to secure the financial security
within 90 days of the date of the resolution.
4.
The form of the financial security shall be reviewed and approved
by the Township Solicitor. Provisions for reevaluating the amount
of the security bond on the value of work still to be completed at
the end of each year after the commencement of the project may be
included.
5.
If the developer's engineer and the Township's Engineer
cannot agree on the amount of the financial security or if the Township's
Engineer recommends to the Board of Supervisors that the Board refuse
the developer's estimate, the Board and developer shall agree
to retain and share the expenses of a third registered professional
engineer who shall recalculate the improvements costs and provide
a final estimate presumed to be fair and reasonable.
6.
Any improvements to be later maintained by a public authority or
private utility company shall be installed and bonded in accordance
with the authority or Public Utility Commission regulations.
[Ord. 1994-1, 1/--/1994, § 309]
1.
The developer shall contact the Township Engineer before placing
subbase or paving any vehicular street, before backfilling any sanitary
or storm sewers, water lines, retaining wall foundations or any other
structures which are part of the improvements covered by the bond
and shall not backfill until authorized to do so by the Township Engineer.
2.
When the developer has completed all necessary improvements he/she
shall notify the Secretary of the Board of Supervisors by registered
mail of the completion of the improvements and shall send a copy to
the Township Engineer.
3.
The Secretary of the Board of Supervisors shall, within 10 days after
receipt of such notice, direct and authorize the Township Engineer
to inspect all the improvements.
4.
Having made his inspection the Township Engineer shall file a detailed
report in writing with the Board of Supervisors nor later than 30
days after receipt of the authorization to proceed with a copy of
the report sent by registered mail to the developer. The report shall
be detailed and indicate approval or rejection of the improvements
either in whole or in part. In the event that the Township Engineer
shall not approve or shall reject any or all of the improvements his
report shall contain a statement of specific reasons for each such
failure to approve or rejection. Upon receipt of the Township Engineer's
report the Township Board of Supervisors shall, within five days after
its regular monthly meeting next succeeding receipt of the report,
notify the developer in writing by registered mail of its action relative
to the Township Engineer's report.
5.
If the Board or the Township Engineer fails to comply with the time
limitation provisions of this section all the improvements requested
by the developer to be inspected will be deemed to have been approved
and the developer shall be released from all liability pursuant to
his performance guaranty bond or other security agreement covering
only the improvements he/she requests be improved.
6.
If any portion of the improvements are not approved or are rejected
by the Board of Supervisors the developer shall proceed to repair
and complete the improvements so designated and upon completion the
same procedure of notification as outlined above for inspection and
approval shall be initiated.
7.
Nothing in this section shall be construed to limit the developer's
right to contest or question by legal proceedings or otherwise any
determination of the Board of Supervisors or Township Engineer.
8.
If any improvements covered by the developer's bond or other
security have not been installed within three years of the date of
final approval of the subdivision or development plan by the Board
of Supervisors (unless the Board and developer mutually agree to an
extension of specific length), the Board of Supervisors shall have
the power to enforce the bond or other security by appropriate legal
action and equitable remedies. If proceeds of such bond or other security
are insufficient to cover the cost of installing or making repairs
or corrections to all the improvements covered by bond or security
and found unacceptable or left uninstalled the Board of Supervisors,
at its option, may install such improvements and may institute appropriate
legal or equitable action to recover the funds necessary to complete
the improvements. All of the proceeds, whether resulting from the
satisfying of the bonds or other security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of improvements covered by such security and
for no other municipal purpose.
9.
Partial Release of Improvement Bond.
A.
The developer may request in writing to the Board of Supervisors
from time to time that a part of the improvement bond be released,
citing the specific part of the improvements that he/she contends
are completed and the estimated amount of bond covering such improvements.
B.
The Board shall authorize the Township's Engineer to inspect
the work and to certify, within 45 days of the request, that the work
is completed and the amount of the bond that may be released or that
certain specific deficiencies preclude the release of a part of the
bond.
C.
The Board, on receiving the engineer's certification approving
release of a specific part of the bond, shall authorize the bonding
company or lending institution to release the requested amount.
D.
Failure of the Board to act within the forty-five-day limit shall
constitute approval of release of the part of the bond requested by
the developer unless both parties agree to an extension of time.
E.
Until completion and satisfactory inspection by the Engineer of all
improvements in the plan at least 10% of the value of the bond shall
be retained by the Township.
10.
Developer Reimbursement of Township Expenses. The developer shall
reimburse the Township for reasonable and necessary expenses incurred
by the Township's Engineer for the inspection of improvements
up to final approval and the preparation of reports thereon.
A.
The Board of Supervisors shall establish by resolution a schedule
of charges based on the Engineer's normal hourly rates and expenses.
The developer shall be furnished a copy of the resolution at the time
of final plan approval.
B.
The Engineer shall provide a detailed breakdown of his allocation
of time to particular aspects of the inspection and shall submit his
statement to the developer with a copy to the Township Secretary.
C.
If the developer disputes the statement he/she shall so inform the
Township Secretary within 10 days of its receipt, accompanied by a
check payable to the Engineer in an amount equal to at least 3/4 the
value of the statement.
D.
The developer shall present his case for a reduced value of the statement
at the next regular meeting of the Board of Supervisors and the Engineer
may then rebut the developer's presentation. The Board shall
decide the disputed amount and any amount still owed the Engineer
shall be paid by the developer within 30 additional days. Failure
of the developer to file his request within 10 days or to appear at
the Board's meeting will make the developer liable for the full
amount of the Engineer's statement within 30 days of the Board's
meeting at which he/she would have been heard.
E.
If the developer disagrees with the Board's decision he/she
and the Board may agree to hire and share the expenses of another
registered professional engineer who shall review the statement and
evidence presented before the Board, question the Township Engineer
and decide the disputed amount of the statement with the decision
being binding on all parties.
[Ord. 1994-1, 7/--/1994, § 310]
1.
Approval of construction shall not constitute an acceptance for repairs
or maintenance by the Township. All improvements shall remain in private
ownership until such time as their dedication shall have been accepted
by ordinance or resolution of the Board of Supervisors or until condemned
for public use.
2.
Upon the completion of all improvements in a plan and their approval
by the Township the developer shall have two options:
A.
He/she may post a maintenance bond or other security in favor of
Vernon Township in the amount of not more than 15% of the total value
of all the accepted improvements to run for a period of not more than
18 months from the date of acceptance by ordinance, such bond to guarantee
only replacement of all improvements installed by the developer or
his agents damaged or destroyed because of defective materials or
installation.
B.
He/she may decide not to post a maintenance bond in which case the
Township, at its option, may accept the improvements at a future time
by ordinance or may refuse to accept them until the developer has
repaired them to bring them up to the standards at which they were
originally approved. The Township shall determine within three years
of approval if repairs are needed before acceptance and shall so inform
the developer immediately by certified mail if repairs are needed.
The Township shall not be obliged to accept the improvements until
the repairs are made but the developer, if not informed within the
three-year period, shall not be obligated to make repairs.
