[Ord. No. 2010-09, 8/4/2010]
Article V, Subdivision and Land Development, of the Pennsylvania
Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted
and amended.
Shrewsbury Township Fee Schedule, as adopted by resolution and
amended.
[Ord. No. 2010-09, 8/4/2010]
Copies of this chapter shall be available on request for the
use of any person who desires information concerning subdivision and
land development standards and procedures in effect within Shrewsbury
Township. Any prospective applicant developer/owner, along with the
applicant's engineer/surveyor, if so engaged, shall schedule a meeting,
through the Township Secretary, with the Subdivision Review Committee
to discuss the applicability of the provisions of this chapter. During
this preapplication consultation, the developer or owner may submit
a sketch plan for discussion purposes only.
[Ord. No. 2010-09, 8/4/2010]
1.
Where a land development plan includes improvements, the developer may submit a sketch plan to the Planning Commission, which should include at a minimum those items listed in § 22-402 of this chapter.
2.
A sketch plan will be considered as submitted for informal review
and discussion and shall not constitute formal filing of the plan
with the Township.
3.
As far as may be practical on the basis of the sketch plan review
and discussion, the Township will informally advise the developer
as promptly as possible of the extent to which the proposed land development
conforms to both this chapter and the Zoning Ordinance and will discuss
possible plan modifications or enhancements necessary to secure conformance
to the Township's ordinances.
[Ord. No. 2010-09, 8/4/2010]
Preliminary and final plans shall be prepared by an engineer,
surveyor and/or a landscape architect licensed in the Commonwealth
of Pennsylvania to perform such duties. Metes-and-bounds descriptions
shall be prepared by professional surveyors, and designs which entail
engineering expertise shall be prepared by professional engineers.
[Ord. No. 2010-09, 8/4/2010]
Any minor subdivision which contains no more than five lots
or prospective dwelling units or any land development which proposes
no more than one commercial, industrial or intensive livestock structure
shall be reviewed and acted upon as a final plan without the necessity
of prior preliminary plan approval, except subdivision and land development
involving infrastructure improvements such as new streets, alleys,
public or joint use sanitary sewer facilities, public or joint use
water supplies or stormwater management facilities.
[Ord. No. 2010-09, 8/4/2010]
1.
The following submission procedure shall apply to all preliminary
and final subdivision plans and land development plans:
A.
Subdivision plans and land development plans may be submitted to
the Township Secretary or designee at the Township office on any business
day. However, to be placed on the Planning Commission agenda for that
month, plans must be received five full working days prior to the
Planning Commission meeting.
B.
Applicants shall submit a sewer facilities planning module or supplement
in conjunction with the preliminary plan application in order to avoid
unnecessary delays.
2.
Application Requirements. All plan applications shall include:
A.
A minimum of five copies of the preliminary and/or final plan and
supporting documents, as required by this chapter. Additional copies
may be requested by the Township.
B.
One copy of the application form. An optional waiver of the ninety-day
time frame is available in the Township office.
C.
Two copies of any requests for modifications. A modification request
form is available from the Township office.
[Amended by Ord. No. 2023-06, 11/1/2023]
D.
The required filing fee, as set by resolution of the Board of Supervisors.
E.
Sewer facilities siting, including location of the soil percolation
tests and core borings.
F.
A statement that the plan does or does not affect property that is
included on the Shrewsbury Township Official Map and, if so, then
that the property owner understands that Shrewsbury Township has one
year from the date of the submission to take whatever action it deems
necessary to fulfill the intention of the Official Map.
3.
The Township Secretary or designee shall maintain a log containing
the following information:
A.
The title of the plan.
B.
The name of the owner and developer of the plan.
C.
The name of the surveyor or engineer preparing the plan.
D.
The name, address, telephone number and relationship to the owner
or developer of the plan, of the person filing the plan, or of the
individual to be contacted regarding the plan.
E.
The date, time and place of the filing.
F.
Tax parcel numbers.
H.
A description of materials received.
I.
The date that the plan is submitted to the York County Planning Commission
for review.
4.
All plans shall be stamped by the Township Secretary or designee
with the time and date they are received.
[Ord. No. 2010-09, 8/4/2010]
The Township Secretary or designee, within seven days from the date of submission of an application, shall determine if the application is complete in accordance with § 22-305. This determination shall not constitute approval or disapproval of the plan and application but is rather a determination of administrative completeness. If the application is found to be incomplete, the Township Secretary or designee shall notify the applicant, in writing, that the submitted application is incomplete and does not constitute a formal application and shall note the deficiencies. The formal review period as specified by § 22-310 of this Part and Section 508 of the Pennsylvania Municipalities Planning Code[1] shall not begin until an administratively complete application
has been received by the Township.
[1]
Editor's Note: See 53 P.S. § 10508.
[Ord. No. 2010-09, 8/4/2010]
1.
The Township Secretary or designee shall transmit one copy of each
plan and all accompanying reports to the Shrewsbury Township Planning
Commission for its review and recommendation.
2.
The applicant has the responsibility to transmit one copy of each
plan and all accompanying reports to the York County Planning Commission,
Township Engineer and Codes Enforcement Officer on the same date for
their review and recommendation.
3.
The comments from the Township Engineer, York County Planning Commission,
and the Codes Enforcement Officer shall be forwarded to the Township
Planning Commission and Board of Supervisors. After its review, the
Township Planning Commission shall submit its recommendations to the
Board of Supervisors.
4.
During the course of the Township Planning Commission's review of
the preliminary plan and prior to any action by the Board of Supervisors
within the required ninety-day review period, the preliminary plan
may be revised by the applicant.
A.
The required number of copies of the revised plan shall be submitted,
which shall note the dates of any and all revisions and a summary
of the nature thereof.
(1)
One copy of the submitted revised plan shall be color-coded
to identify the revisions.
B.
If the Township determines that the revisions are substantial in
nature, the plan will not be accepted as a revised plan unless the
applicant signs a statement stipulating that a new ninety-day time
period shall commence from the date of the Planning Commission's meeting
next following the filing of the revised preliminary plan.
C.
The additional reviews required for revised plans may require the
payment of additional fees by the applicant.
5.
The applicant shall submit additional copies of all plans and reports
to the York County Conservation District, Pennsylvania Department
of Transportation, and Pennsylvania Department of Environmental Protection
as required by the proposed subdivision and/or land development and
applicable regulations.
[Ord. No. 2010-09, 8/4/2010]
All plans and reports shall be reviewed by the Township Planning
Commission for compliance with:
1.
The standards, requirements, improvements, design, and dedication
or reservations required by this chapter.
2.
The Southern York County Regional Comprehensive Plan, as amended
and supplemented.
3.
The Official Shrewsbury Township Sewage Facilities Plan (Act 537
Plan).
4.
Site suitability for the particular type of development proposed.
5.
The availability of necessary services and facilities.
7.
The requirements of any other applicable Township ordinance.
8.
Any state highway, either existing or proposed by the Pennsylvania
Department of Transportation.
[Ord. No. 2010-09, 8/4/2010;
as amended by Ord. No. 2019-04, 8/7/2019]
1.
Purpose. Where the literal enforcement of the provisions of these
regulations will exact an undue hardship upon an applicant, a modification
may be requested of the Board of Supervisors. A modification is the
process to receive a modification of an ordinance requirement as it
applies to a specific application.
2.
Standards. A modification may be approved by the Board of Supervisors
when the applicant is able to demonstrate that:
A.
The literal enforcement of a requirement of this chapter will exact
an undue hardship (not solely financial) by reason of a peculiar condition
(to the land) that pertains to a specific proposal; and
B.
An alternative standard is equal or better; and
C.
The modification will not be contrary to the public interest; and
D.
The modification is consistent with the intent of this chapter; and
3.
Application Requirements:
A.
All modification requests must be completed, in writing, on the modification
application form as available from the Township Secretary.
B.
Modification requests shall be submitted, in writing, by the applicant
to the Township Secretary concurrently with the application for a
subdivision and/or land development plan. Two copies of each modification
request shall be submitted. However, if any of this information was
submitted with an approved preliminary plan, it need not be submitted
with the application for final plan.
4.
Distribution. One copy of the modification request shall be distributed
by the Township Secretary to the Township Engineer, Township Zoning
Officer, Planning Commission and the Board of Supervisors.
5.
Review of a Modification Request:
A.
All modification requests shall first be reviewed by the Township
Engineer. If necessary, other Township officials may be requested
to review the request. Secondly, the Planning Commission shall review
the request.
B.
A review of the modification request shall determine its conformance
with the standards contained in this chapter as well as other applicable
ordinances. Review comments shall cite any applicable ordinance regulations
and include any suggestions. The review shall recommend to the Board
of Supervisors whether the modification request be approved or disapproved.
6.
Ruling on the Modification:
A.
The Board of Supervisors shall consider and act upon requests for
modification at a regularly scheduled meeting of the Board.
B.
A formal hearing shall not be required. However, the applicant or
any interested party may request a hearing upon agreement to pay for
the public notice and stenographic costs thereof.
C.
At any meeting or hearing, the applicant or his representative shall
present evidence in support of the request.
D.
The Board of Supervisors, after hearing said evidence and considering
the application, may grant or deny said modifications.
E.
In modifying any requirements, the Board of Supervisors shall record
its action and the grounds for the modification of a requirement to
the applicant applying for the modification. A note must be placed
on the plan stating the modification and date granted.
F.
Whenever a request for a modification requirement is denied, the
Board of Supervisors shall record its action for such denial in its
minutes.
[Ord. No. 2010-09, 8/4/2010]
1.
At a scheduled public meeting, the Board of Supervisors shall render
its decision on the plan, whether preliminary or final, and communicate
its decision, in writing, to the applicant not later than 90 days
following the date of the regular meeting of the Board of Supervisors
or the Commission next following the date the application is filed,
as established by the Municipalities Planning Code, as amended.[1]
A.
Final plan approval shall not be granted until such improvements as required by this chapter and shown on such final plan have been completed or a guarantee posted as required in § 22-313 of this Part.
B.
The Board of Supervisors may approve the plan, whether preliminary
or final, in whole or in part, or subject the plan to modifications
or conditions, or may disapprove the plan. The decision of the Board
of Township Supervisors shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last-known address
not later than 15 days following the decision.
(1)
If the plan is approved by the Board of Supervisors subject
to modifications or conditions, the applicant shall either personally
or in writing approve or reject such modifications or conditions within
five days of receiving notice of such modifications or conditions.
For purposes of this subsection, notice to an individual presenting
the plan on behalf of the applicant, whether such individual is the
applicant himself, a relative of the applicant, an officer of the
applicant, an attorney, a surveyor, an engineer or otherwise, shall
be notice to the applicant, and such person presenting the plan on
behalf of the applicant shall be deemed to have authority to, on behalf
of the applicant, accept or reject such modifications or conditions.
The failure to accept or reject such modifications or conditions within
the five-day period shall be considered to be a rejection of the same,
and the conditional approval by the Board of Supervisors shall be
revoked, and the applicant shall be notified, in writing, within 10
days following the expiration of the five-day period of the plan rejection.
(2)
When the plan is not approved in terms as filed or subject to
modifications or conditions approved by the applicant, the decision
shall specify the defects found in the plan and describe the requirements
which have not been met and shall cite the provisions of these regulations
relied upon.
(3)
Failure of the Board of Supervisors to render a decision and
communicate it to the applicant within the time and in the manner
required herein shall be deemed as approval of the application in
terms as presented unless the applicant has agreed, in writing, to
an extension of time or change in the prescribed manner of presentation
or communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation or communication
shall have the like effect.
(4)
Before acting on any subdivision, whether preliminary or final,
the Board of Supervisors and/or the Planning Commission may hold a
public meeting thereon after public notice.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 2010-09, 8/4/2010]
1.
From the time a plan, whether preliminary or final, is submitted
as provided in this chapter and while such plan is pending approval
or disapproval, no change or amendment of the Zoning Ordinance, Subdivision
and Land Development Ordinance or other Township ordinances or plans
shall affect the decision on such plan aversely to the applicant,
and the applicant shall be entitled to a decision in accordance with
the provisions of the Township ordinances or plans as they stood at
the time the application was duly submitted. In addition, when a preliminary
plan has been duly approved, the applicant shall be entitled to final
approval in accordance with the terms of the approved preliminary
plan as hereinafter provided. However, if an application is properly
and finally denied, any subsequent application shall be subject to
the intervening change in governing regulations.
2.
When an application for approval of a plan, whether preliminary or
final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in the
zoning, subdivision or other governing ordinance or plan shall be
applied to affect adversely the right of the applicant to commence
and to complete any aspect of the approved development in accordance
with the terms of such approval within five years from such approval.
The five-year period shall be extended for the duration of litigation,
including appeals, which prevent the commencement or completion of
the development, and for the duration of any sewer or utility moratorium
or prohibition which was imposed subsequent to the filing of an application
for preliminary approval of a plat. In the event of an appeal filed
by any party from the approval or disapproval of a plat, the five-year
period shall be extended by the total time from the date the appeal
was filed until a final order in such matter has been entered and
all appeals have been concluded and any period for filing appeals
or requests for reconsideration has expired; provided, however, no
extension shall be based upon any water or sewer moratorium which
was in effect as of the date of the filing of a preliminary application.
3.
Where final approval is preceded by preliminary approval, the aforesaid
five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
4.
Where the landowner has substantially completed the required improvements
as depicted upon the final plan within the aforesaid five-year limit,
or any extension thereof as may be granted by the governing body,
no change of municipal ordinance or plan enacted subsequent to the
date of filing of the preliminary plan shall modify or revoke any
aspect of the approved final plan pertaining to zoning classification
or density, lot, building, street or utility location.
5.
In the case of a preliminary plan calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plan delineating all proposed
sections as well as deadlines within which applications for final
plan approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of the preliminary plan approval, until final plan approval of the
final section has been granted, and any modification in the aforesaid
schedule shall be subject to approval of the governing body in its
discretion.
6.
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as depicted on the preliminary plan,
unless a lesser percentage is approved by the governing body in its
discretion. Provided the landowner has not defaulted with regard to
or violated any of the conditions of the preliminary plan approval,
including compliance with the landowner's aforesaid schedule of submission
of final plans for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plan within five years shall apply; and for any section
or sections, beyond the initial section, in which the required improvements
have not been substantially completed within said five-year period,
the aforesaid protections shall apply for an additional term or terms
of three years from the date of final plat approval for each section.
7.
Failure of the landowner to adhere to the aforesaid schedule of submission
of final plans for the various sections shall subject any such section
to any and all changes in zoning, subdivision and other governing
ordinance enacted by the Township subsequent to the date of the initial
preliminary plan submission.
[Ord. No. 2010-09, 8/4/2010]
Plan approval shall expire upon the passage of five years after
the grant of such approval. Where final plan approval is preceded
by preliminary plan approval, the aforesaid five-year period shall
be counted from the date of preliminary plan approval.
[Ord. No. 2010-09, 8/4/2010]
1.
Approval of the preliminary plan by the Board of Supervisors constitutes
conditional approval of the development as to the character and intensity
of development, the general layout, and the approximate dimensions
of streets, lots, and other planned features. This approval binds
the subdivider to the general scheme shown on the preliminary plan
and any conditions imposed by the Board of Supervisors and agreement
by the subdivider of such conditions. The Board of Supervisors shall
not sign the plan until all such conditions have been complied with.
2.
Approval of the preliminary plan shall not constitute approval of
the final subdivision plan, nor does it authorize recording, on the
preliminary plan, the sale of any lots, or agreement to sell lots;
however, such approval does authorize the subdivider to proceed with
the preparation of the final plan, installation and/or construction
of improvements and posting of a financial security as specified in
this chapter.
3.
The applicant shall accept or reject conditions imposed upon the
plan by the Board of Supervisors within 10 days of a meeting at which
any such conditions were imposed. If acceptance of conditions by the
applicant is not received by the Board of Supervisors, in writing,
within the required period, the plan shall be deemed denied.
[Ord. No. 2010-09, 8/4/2010]
1.
Approval of the final plan by the Board of Supervisors constitutes
final approval of the subdivision as to the character and intensity
of development, the layout and the dimensions of streets, lots and
other planned features. This approval binds the subdivider to the
scheme shown on the final plan.
2.
Final plan approval authorizes the subdivider to proceed with the
recording of the final plan, which must be accomplished before the
subdivider can proceed with the sale of any lots or the construction
of buildings and structures.
[Ord. No. 2010-09, 8/4/2010]
1.
Upon approval of the final plan, the Township shall, within 90 days
of such final approval, record such plan in the office of the Recorder
of Deeds of York County.
2.
The recording of the final plan shall not constitute grounds for
assessment increase until such time as lots are sold or improvements
are installed on the land included within the subject plan.
3.
No changes, erasures, modifications, or revisions shall be made on
the final plan after approval, unless the plan is first resubmitted
to the Planning Commission and Township Supervisors for their review
and approval.
4.
Distribution of copies of the final plan as approved shall be as
follows:
A.
Two copies of the plan and one copy of all supporting materials shall
be retained for Township records.
B.
One copy of the plan to the Township Engineer (if it includes improvements
to be publicly dedicated).
C.
One copy of the plan to the Township Zoning Officer.
D.
One copy of the plan to the developer/owner.
[Ord. No. 2010-09, 8/4/2010]
1.
At the time of filing a preliminary or final plan, the subdivider
or developer shall pay to the Township such fees as may be established
by resolution of the Board of Supervisors.
2.
No final plan shall be approved until all fees and charges required
by such resolution have been paid in full and until any or all unpaid
fees incurred in connection with previously submitted subdivision
or land development plans for any land included with the proposed
subdivision or land development, whether or not such plans were submitted
by the person or owner of such land, have been paid in full. All disputes
over fees will be handled in accordance with the Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 2010-09, 8/4/2010]
It shall be the duty of the subdivider or developer to provide
each purchaser of a lot in a subdivision with a copy of the final
subdivision plan, including a copy of all supporting data, including,
but not limited to, a copy of the storm drainage plan, a copy of the
sediment control plan, and a copy of the street profile plan.
[Ord. No. 2010-09, 8/4/2010]
The final responsibility for the installation of the improvements
required by this chapter shall lie with the developer. Upon installation
of these improvements by the developer and subsequent inspection by
the Township Engineer, the developer shall take final steps to dedicate
these improvements and have them accepted by Shrewsbury Township.
1.
Recording the final plan after approval of the Board of Supervisors
has the effect of an irrevocable offer to:
[Ord. No. 2010-09, 8/4/2010]
The offer to dedicate streets, parks, or other areas or portions
of them does not impose any duty upon the Township concerning maintenance
or improvement until the proper authorities of the Township have made
actual appropriation by ordinance or resolution or by entry or improvement.
If land is dedicated for a public site and its use for this purpose
is not imminent, the developer may be permitted to dedicate the land
with the privilege of using the surface rights until the Township
is ready to use the land. Such dedication with the temporary privilege
of use must be noted on the final plan.
[Ord. No. 2010-09, 8/4/2010]
On sites reserved for eventual public acquisition, no building
development is permitted during the period of reservation. The Township
may require the reservation of such sites in addition to or in lieu
of land to be dedicated for public use. The reservation period must
not be longer than 12 months unless with the consent of the developer.
Land so reserved must be indicated on the final plan.
[Ord. No. 2010-09, 8/4/2010]
1.
Where a proposed park, playground, open space, trail, greenways or
other local or neighborhood recreation site is in the Parks and Recreation
Chapter of the Southern York County Regional Comprehensive Plan, as
amended, the Township may require the dedication of all or a portion
of such site in accordance with the standards following:
A.
The amount of land so required for this purpose shall be 0.03 of
an acre per dwelling unit of the proposed development.
B.
The recreation site shall be located and designed so that safe and
convenient access shall be provided to all existing and proposed inhabitants.
Additionally, each recreation site shall have at least one area available
for vehicular access that is not less than 24 feet in width (road
frontage).
C.
The recreation site shall be sized and configured so as to accommodate
its intended uses. Sufficient lot width/depth dimensions shall be
provided so as to accommodate ball fields, courts and other open play
areas according to National Recreation and Park Association (NRPA)
standards. Furthermore, should a development be proposed at a location
contiguous to an existing park, parklands should be provided, where
practical, as an expansion of the existing facility.
D.
The required dedication site shall have suitable topography and soil
conditions for use and development as active play areas and shall,
after grading by the developer, not contain slopes exceeding 3%.
E.
The recreation site shall not be comprised of critical environmental
areas or stormwater management facilities. Any unimproved site or
areas that have been graded or disturbed shall be landscaped with
no less than 18 inches of subsoil and nine inches of topsoil.
F.
No part of any overhead utility easement or any aboveground protrusion
of an underground utility should be permitted in active play areas
of the site.
2.
Where the application of these standards would result in an open
space or recreation site too small to be usable, or if the Comprehensive
Plan calls for such local recreation site to be located elsewhere,
or if a suitable local recreation site cannot be located in the land
development or subdivision as determined by the Township Supervisors,
a payment of $2,500 for each proposed dwelling unit or residential
lot in lieu of dedication of such land is required. The following
procedures with regard to payment of such fee to the Township prior
to the approval of the final plan must be followed:
[Amended by Ord. No. 2019-04, 8/7/2019]
A.
The land
or fees, or combination thereof, are to be used only for the purpose
of providing, acquiring, operating, or maintaining park or recreational
facilities within the Township.
[Amended by Ord. No. 2023-06, 11/1/2023]
B.
The fee,
upon its receipt by the Township, shall be deposited in an interest-bearing
account, clearly identified as being reserved for providing, acquiring,
operating, or maintaining park or recreational facilities. Interest
earned on such accounts shall become funds of that account.
C.
Upon
request of any person who paid any fee under this section, the Township
shall refund such fee, plus interest accumulated thereon from the
date of the payment, if the Township has failed to utilize the fee
paid for the purpose set forth in this section.
3.
In lieu of requiring the dedication of a recreation or park site,
or a fee for this purpose, the Board of Supervisors may permit a private
site to be used if:
[Ord. No. 2010-09, 8/4/2010]
1.
No plan shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, 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 the chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plan, including improvements or fees required pursuant to Subsection 11 of this section, financial security shall be in an amount sufficient to cover the costs of such improvements or common amenities, including, but not limited to: roads, stormwater detention and/or retention basins, and other related drainage facilities, recreational facilities (including, but not limited to, trails and pedestrian facilities), open space improvements or buffer or screen plantings which may be required. The applicant shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."[1]
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
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 plan contingent
upon the developer obtaining a satisfactory financial security. The
final plan 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 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, providing 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 the 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 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 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 an applicant or developer and prepared by an engineer licensed
as such in this commonwealth and certified by such engineer to be
a fair and reasonable estimate of such cost. The Township, 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 are unable to agree upon an estimate, then the estimate shall
be recalculated and recertified by another engineer licensed as such
in this commonwealth and chosen mutually by the Township 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 third engineer is so chosen, fees for the services of
said engineer shall be paid equally by the Township 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 or the Planning Commission may authorize
submission of final plans by section or stages of development subject
to such 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 of, from time to time, 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 governing body, and the governing body 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 plan. Upon such certification, the
Board of Supervisors shall authorize release by the bonding company
of the lending institution of any amount as estimated by the Township
Engineer fairly representing the value of the improvements completed,
or, if the governing body 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 completion and certification by the Township
engineer, require retention of 10% of the estimated cost of the aforesaid
improvements.
11.
At such a time as 90% of the lots in the subdivision have been improved
as set forth above, or in at the expiration of three years from the
date all of the improvements excepting the surface course have been
completed if less than 90% of the lots have been so improved, the
Township shall notify the subdivider or developer to complete the
surface course within the sixty-day requirement; the period from October
1 to April 1 shall not be counted. If, at the time the surface course
is completed, 90% of the lots are not improved as set forth above,
the subdivider or developer must:
A.
Post with the Township a cash bond in an amount equal to 15% of the
reasonable cost of the surface course as security to guarantee that
damages to the road or street would not occur during the completion
of the improvements on the unimproved lots in such subdivider's or
developer's subdivision. The Township shall hold such cash bond and
utilize it to pay for the repair of any damage occurring to the road
during the period between the commencement of improvements on any
particular unimproved lot and the completion of such improvement,
irrespective of whether or not it can be established that the damage
to the road was caused by contractors or other persons working in
and about the construction of such improvements; or
B.
Present to the Township agreements signed by the owners of all of
such unimproved lots pursuant to which they will agree to pay to the
Township the cost of repairing any damage occurring to roads in such
subdivision during the period between the commencement of work on
improvements to their lot and the completion of such improvements,
irrespective of whether or not it can be established that such damage
was caused by contractors or other persons involved in the improvement
of their respective lot.
C.
Irrespective of the provisions of this section, the subdivider or
developer must, within the 60 days next following the sale of a lot,
or the issuance of a building permit to permit construction on such
lot, whichever first occurs:
(1)
Complete the pavement base of the streets shown on the final
plan as providing the lot access to a public street or road. (If the
plan provides more than one means of access to the lot in question,
only one such means of access is required to be improved pursuant
to this section.)
(2)
Complete all stormwater management facilities which are intended
by the final plan to handle the stormwater runoff from the lot.
12.
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 plan 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.
13.
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.
14.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
the plan as set forth in this section, the Township 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 plan upon actual completion
of the improvements depicted upon the approved 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 mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the lot or lots in question if such
improvements as depicted upon the approved plan, either upon the lot
or lots or beyond, are necessary for the reasonable use of or occupancy
of the building or buildings.
[Ord. No. 2010-09, 8/4/2010]
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, if posted, or hand-delivered,
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.
All improvements shall not be considered complete until the measures
taken in compliance with applicable sections of Parts 5, 6 and 7 of
this chapter, as well as measures taken to control erosion, are in
fact sufficient to prevent erosion of banks and drainageways.
3.
The Board of Supervisors shall notify the developer, within 15 days
of receipt of the Township Engineer's report, in writing, by certified
or registered mail, of the action of said Board of Supervisors with
relation thereto.
4.
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 bond or other security
agreement.
5.
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.
6.
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.
7.
Where herein reference is made to the Township Engineer, he shall
be a duly registered professional engineer employed by the Township
or engaged as a consultant thereto.
8.
The subdivider or developer shall maintain all streets in the subdivision
or development in travelable condition, including the prompt removal
of snow therefrom, until such time as the streets are accepted by
the Township as a part of the Township highway system.
9.
The applicant shall reimburse the Township for the reasonable and
necessary expense incurred for the inspection of improvements. Such
reimbursement will be based upon a schedule established by resolution.
[Ord. No. 2010-09, 8/4/2010]
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 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 municipal purpose.
