Part 4 PROCEDURE

Any subdivision involving any portion of, or creating three or more buildable lots.

Any land development that does not involve subdivision, unless the Township Planning Commission determines that the impact of the proposed land development creates a minimal impact upon the community and surrounding infrastructure. These land development applications may be considered "minor land developments" and proceed under the procedure of § 22-402, Subsection 3.

Minor Subdivision. Any subdivision in which:

No street is to be constructed or widened;

No other public improvement; i.e., intended to be dedicated to the Township, is to be constructed;

No earth disturbance activities will take place except those incidental to construction of a single-family dwelling on each lot; and

No more than two buildable lots are created.

Minor Plan. Any of the following:

Lot line adjustments/corrections with no proposed disturbances or construction.

§ 22-405 Submission of Preliminary Plan.

Simple conveyances (e.g., annexations) with no proposed disturbances or construction.

Major plan applications shall be subject to all review procedures specified in this chapter.

Where an application qualifies as a minor subdivision or minor land development under the terms of this chapter, the applicant may, at his discretion, seek approval according to the following procedures:

A sketch plan may be submitted and reviewed in accordance with §§ 22-403 and 22-404 of this chapter; the requirements and procedures of §§ 22-405 and 22-406 regarding preliminary plans shall be waived, except that written comments on the sketch plan may be presented by the Planning Commission to the applicant within the time period specified in § 22-406, Subsection 2C, of this chapter.

A final plan, prepared in accordance with §§ 22-503, Subsection 1A, B(2) through B(10), D, and E, shall be submitted and reviewed in accordance with the applicable provisions of §§ 22-407 and 22-408. As part of the final plan review process, copies shall be sent to the relevant Chester County agencies applicable to preliminary plans in § 22-405, Subsection 4, of this chapter. The only design standard sections, as listed under Part 6, "Design Standards," applicable to a minor subdivision or land development are: §§ 22-601, 22-602, 22-604, 22-607, Subsection 4, 22-612, 22-615, 22-617, 22-621, 22-622, 22-623, 22-624, 22-626, 22-627, 22-628 and 22-629 (applicability for all landscaping as determined by the Township Planning Commission).

Where an application qualifies as a minor plan under the terms of this chapter, the applicant may, at his discretion, seek approval according to the following procedures:

Submission of a sketch plan with review in accordance with the requirements of Subsection 3A above may be submitted by the applicant.

A final plan, prepared in accordance with §§ 22-503, Subsection 1A and B(2) through B(10), shall be submitted and reviewed in accordance with the applicable provisions of §§ 22-407 and 22-408. As part of the final plan review process, copies shall be sent to the relevant Chester County agencies applicable to preliminary plans in § 22-405, Subsection 4, of this chapter. The only design standard sections, as listed under Part 6, "Design Standards," applicable to a minor plan are: §§ 22-601, 22-602, 22-604, 22-607, Subsection 4, 22-621, 22-622, 22-623, 22-626, and 22-629, Subsection 7 (applicability for all riparian landscaping as determined by the Township Planning Commission).

§ 22-403 Submission of Sketch Plan.

[Ord. No. 109-2004, § 403, 9/8/2004; as amended by Ord. No. 148-2009 § 1, 12/12/2009; by Ord. No. 150-2010 § 1, 7/14/2010; by Ord. No. 165-2013 § 14, 6/12/2013; by Ord. 171-2014 § 2, 5/14/2014; and by Ord. No. 209-2023, 9/13/2023]

All applicants for subdivision or land development approval may submit a sketch plan to the Township Planning Commission for review prior to submission of a formal application. Submission of a sketch plan is not mandatory, and does not constitute a formal subdivision or land development application. No formal ordinance review of a sketch plan is done unless a formal zoning review is requested by the applicant. It is highly recommended that applicants for major plan applications submit a sketch plan and request a formal zoning review.

Sketch plans shall be accompanied by supporting documentation, such as photographs, a historical structure survey form for historical structures and any other documentation to orient the Planning Commission to the specifics of the site.

Where a sketch plan is submitted, two full-size copies and six reduced (11 inches by 17 inches) copies of the plan and an electronic PDF of the plan (or such other quantities and formats as may be established from time to time by resolution of the Board of Supervisors) shall be submitted to the Township for distribution a minimum of five business days prior to the public meeting at which the plan will be presented. If the applicant requests a zoning review of a sketch plan by the Township Engineer for discussion at a public meeting, then the plan must be submitted a minimum of 30 calendar days prior to the public meeting at which the plan will be presented. The zoning review request shall be accompanied by the sketch plan review fees established in the adopted fee schedule.

The applicant is strongly urged to consult the conservation plan and open space requirements of this chapter and the stormwater management requirements of the Honey Brook Township Stormwater Management Ordinance, Chapter 20, prior to submission of the sketch plan, in order to ensure the proposed subdivision and land development concept reflects those applicable requirements.

In preparing the sketch plan, the applicant also is advised to consult:

The Township's planning consultant.

The Chester County Planning Commission.

The Chester County Health Department concerning soil suitability when on-site sewage disposal facilities may be proposed.

The Chester County Conservation District concerning erosion and sedimentation control and the effect of geologic conditions on the proposed development.

§ 22-404 Review of Sketch Plan.

[Ord. No. 109-2004, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]

The Township Planning Commission shall, at a meeting with the applicant, consider the suitability of the sketch plan for the development of the land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing, and compatibility of the plan with the Comprehensive Plan, or subsequent editions. At the discretion of the Planning Commission, plans shall undergo review by the Township's planning consultant prior to receiving a recommendation from the Planning Commission. Based on this meeting and input from the planning consultant, the Planning Commission shall submit its written comments to the applicant; provided, however, that the failure of the Planning Commission to submit comments in writing shall not be deemed to be an approval of any application or to vest any rights in the applicant.

The applicant may, but need not, request further review of the sketch plan by the municipal governing body. If further review is requested, the governing body may consider the sketch plan, may consider the written or other comments of the Planning Commission, may meet with the applicant, and may advise the applicant as to the governing body's comments with respect to the sketch plan; provided, however, that the governing body is not required to review the sketch plan nor to submit comments to the applicant if the governing body does review the sketch plan.

Nothing herein contained, nor the failure of the Planning Commission or the governing body, or both, to proceed or act in accordance with this section, shall be deemed to be a decision with respect to any subdivision or land development plan or to vest any rights in the applicant.

[Ord. No. 109-2004, § 405, 9/8/2004; as amended by Ord. No. 148-2009, § 2, 12/12/2009; by Ord. No. 150-2010, §§ 2, 3, 7/14/2010; by Ord. No. 165-2013, §§ 15, 16, 6/12/2013; by Ord. No. 186-2016, 12/14/2016; and by Ord. No. 209-2023, 9/13/2023]

All preliminary plans submitted pursuant to this chapter shall conform to the requirements of this chapter and shall, in addition, conform to such administrative regulations of the Township as may have been adopted by the Board at any time or from time to time and as shall be in effect and applicable to the submission at the time such submission is initiated. All submissions shall be on the form promulgated by the Township for the submission of subdivision or land development plans.

Official submission of a preliminary plan to the Township shall consist of:

Two copies of the application for review of preliminary subdivision or land development plan on the form promulgated for this purpose.

Copies of the preliminary plan and all supporting plans and information to enable proper distribution and review as follows (unless other quantities and formats are established from time to time by resolution of the Board of Supervisors):

Two complete plan sets.

Two sets of all supporting plans, reports and other studies.

Electronic (PDF) of the plan set and all supporting materials.

An Act 247[1] referral on a form provided by the Chester County Planning Commission and required Chester County Planning Commission fee.

[1]

Editor's Note: See the Municipalities Planning Code at 53 P.S. 10101 et seq.

(5)

Six reduced sets (11 inches by 17 inches) of the title sheet, lot layout sheet, grading sheet, landscaping sheet, and other appropriate sheets as determined by the Township. Full-sized sets may be required based upon scope of project. Applicants are encouraged to contact the Township in advance to determine the appropriate sheets for submission.

(6)

Five sewer planning modules (as necessary for on-lot systems) with accompanying plot plan for each module. If planning modules are required, the necessary Chester County Health Department review fee and Chester County Health Department Subdivision/Land Development Record Form shall also be submitted.

A copy of any conservation easement or similar deed restriction to which the property is subject, if any. If the property is subject to a conservation easement or similar deed restriction, additional copies of the proposed site layout plan must be provided for each entity with an interest in the easement/deed restriction.

If the project is to be served by a public water authority or a private water utility company and/or a public sewer authority or private sewer utility company, provide proof of submission to the respective agencies. All plan submissions/fees are responsibility of the applicant.

Payment of Township application fees and deposit of escrow for plan review cost, as prescribed in the applicable fee schedule.

One additional copy of certain application materials, upon request by Township to applicant, when the Township determines that the application is required to be submitted to Honey Brook Borough for review pursuant to any implementation agreement between the Borough and the Township related to a joint comprehensive plan.

Copies of the preliminary plan and all required supplemental data initially shall be submitted to the Township, together with the required fees and escrow deposit established in accordance with the terms of this chapter, a minimum of 30 calendar days prior to the public meeting at which the plan will be presented. The Township shall note the date of receipt of the application, fees, and escrow deposit.

The application shall not be deemed to be submitted until a complete application and the required fees and the required escrow deposit all have been submitted.

The Township shall make a preliminary review of the application. If the Township determines that the application is defective on its face, it shall notify the applicant, and the application is deemed not accepted. The applicant may request the return of all submissions for the purpose of correction and resubmission.

Upon submission of a complete application, together with all required fees and escrow deposits, the Township shall accept the applications, plans and other required materials as filed and shall transmit the requisite number of copies of the plans and other required materials to the Township Planning Commission and the Township Engineer. In addition, copies shall be transmitted by applicant to:

Chester County Planning Commission via electronic submission system.

Chester County Health Department (two copies of the planning module with accompanying plot plans, record form, fee and referral letter) for review of matters relating to adequacy of the site to sustain on-lot water and/or sewage disposal systems.

Applicable water authority or private water utility company (one copy utility plans) for review of required public water connections.

Applicable sewer authority or private sewer utility company (one copy utility plans) for review of required sewer connections.

The applicant is responsible for submitting plans to the Chester County Conservation District, the Pennsylvania Department of Transportation (HOP set) and the Pennsylvania Department of Environmental Protection (NPDES set) and paying all fees required by these agencies.

§ 22-406 Review of Preliminary Plan.

[Ord. No. 109-2004, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]

Township Planning Commission.

The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by any county agency, the municipal engineer, and any other persons or entity who shall have submitted comments with respect to any such application.

After such review, the Secretary of the Planning Commission or their designee shall send written notice of the recommendations of the Planning Commission and the reasons therefore, citing specific sections of statutes or ordinances relied upon, to:

The Board of Supervisors.

The applicant.

The governing body of any other adjacent municipality, if the proposed project includes land in that municipality or directly abuts its boundaries.

Board of Supervisors.

When a preliminary plan has been officially submitted to the Board of Supervisors by the Planning Commission, such plan shall be placed on its agenda for review and action.

In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Planning Commission, Township Engineer, County Planning Commission, and all other reviewing agencies, and comments from public hearings, if any, to determine conformity of the application to the standards or this and any other applicable ordinance. The Board may specify conditions, changes, modifications, or additions to the application which it deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications, or additions, citing appropriate ordinance provisions as prescribed in Subsection 2F.

For the purpose of § 508 of the Municipalities Planning Code, 53 P.S. § 10508, the Township Planning Commission is the body which first reviews any application. All applications for preliminary approval of a plan shall be acted upon by the Board of Supervisors and communicated to the applicant within 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed; provided, that should the said next regular meeting of the Planning Commission occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the thirtieth day following the day the application is filed.

The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to the applicant not later than 15 days following the decision or by the end of said ninety-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of Section 508 of the Municipalities Planning Code, 53 P.S. § 10508.

When deemed desirable, the applicant may be requested to agree, in writing, to an extension of time beyond the ninety-day period prescribed by this section in which a decision concerning the status of an application for approval of a plan is to be rendered. Upon receipt of the applicant's written agreement, the Board shall render a decision and communicate it, in the prescribed manner, to the applicant before termination of the extended time period.

Whenever the approval of a preliminary plan is subject to conditions, the written action of the Board as prescribed herein shall: 1) specify each condition of approval, citing relevant ordinance provisions in each case, and 2) require the applicant's written agreement to the conditions. Where the applicant's written agreement is not received within the time allotted, the Board shall be deemed to have denied approval.

§ 22-407 Submission of Final Plan.

[Ord. No. 109-2004, § 407, 9/8/2004; as amended by Ord. No. 148-2009, § 3, 12/12/2009; by Ord. No. 150-2010, §§ 4, 5, 7/14/2010; by Ord. No. 165-2013, §§ 17, 18, 6/12/2013; and by Ord. No. 209-2023, 9/13/2023]

The final plan shall conform to the terms of approval of the preliminary plan and to the most recent administrative regulations adopted by the Board.

The Board may permit submission of the final plan in sections, pursuant to the terms of § 508(4) of the Municipalities Planning Code, 53 P.S. § 10508(4).

Official submission of a final plan to the Township shall consist of:

Two copies of the application for review of final subdivision or land development plan on the form promulgated for this purpose.

Copies of the final plan and all supporting plans and information to enable proper distribution and review, as follows (unless other quantities and formats are established from time to time by resolution of the Board of Supervisors):

Two complete plan sets, to include all supporting plans and information that was updated from preliminary plan approval.

Six reduced sets (11 inches by 17 inches) of the title sheet, lot layout sheet, grading sheet, landscaping sheet, and other appropriate sheets as determined by the Township. Applicants are encouraged to contact the Township in advance to determine the appropriate sheets for submission.

Electronic (PDF) submission of complete plan set and all supporting documents.

Payment of Township application fees and deposit of escrow for plan review cost, as prescribed in the applicable fee schedule.

(5)

For minor subdivision and minor land development plans, five sewer planning modules (as necessary for on-lot systems) with accompanying plot plan for each module. If planning modules are required, the necessary Chester County Health Department review fee and Chester County Health Department Subdivision/Land Development Record Form shall also be submitted.

Copies of the final plan and all required supplemental data initially shall be submitted to the Township, together with the required fees and escrow deposit established in accordance with the terms of this chapter, a minimum of 30 calendar days prior to the public meeting at which the plan will be presented. The Township shall note the date of receipt of the application, fees, and escrow deposit.

The application shall not be deemed to be submitted until a complete application, the required fees and the required escrow deposit all have been submitted.

Upon submission of a complete application, together with all required fees and escrow deposits, the Township shall accept the application, plans, and other required materials as filed and shall transmit the requisite number of copies of the plans and other required materials to the municipal planning commission and the municipal engineer. In addition, copies shall be transmitted by applicant to such additional persons or agencies as the Township shall determine.

Where the final plan is for a major subdivision, the requisite number of copies shall be submitted to the County Planning Commission and other applicable agencies for their review as would be required of a preliminary plan pursuant to § 22-405, Subsection 4, above.

§ 22-408 Review of Final Plan.

[Ord. No. 109-2004, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]

Township Planning Commission.

The Township Planning Commission shall review the final plan submitted and shall consider any recommendations of the Township Engineer and any other reviewing agency submitting comments.

After such review, the Secretary of the Planning Commission shall send written notice of the recommendations of the Planning Commission and the reasons therefor, citing specific sections of statutes or ordinances relied upon, to:

The Board of Supervisors.

The applicant.

§ 22-409 Subdivision and Land Development Agreements.

The governing body of any other adjacent municipality if the proposed project includes land in that municipality or directly on its boundaries.

Board of Supervisors.

When a written report on a final plan has been officially submitted to the Board of Supervisors by the respective municipal planning commission, such plan shall be placed on the agenda of the Board for review.

Upon receipt of the Planning Commission's recommendation and other supporting information, the Board shall, at a regular or special meeting within the time limitations set forth herein below, either approve or disapprove the plan. The Board shall render a decision on all final plans and communicate that decision to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the thirtieth day following the day the application has been filed.

The decision of the Board 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 or by the end of the said ninety-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of § 508 of the Municipalities Planning Code, 53 P.S. § 10508.

In addition to the provisions of Subsection 3, the Board may specify conditions, changes, modifications, or additions to the application which it deems necessary and may make a decision to grant final approval subject to such conditions, changes, modifications, or additions. Whenever the approval of a final plan is subject to conditions, the written action of the Board as prescribed herein shall: 1) specify each condition of approval, citing relevant ordinance provisions in each case, and 2) require the applicant's written agreement to the conditions. Where the applicant's written agreement is not received within the time allotted, the Board shall be deemed to have denied approval.

Every final plan approval shall be subject to these further conditions:

The applicant shall execute a subdivision and land development agreement in accordance with § 22-409.

The applicant shall provide a performance guarantee in accordance with § 22-410.

The applicant shall comply with the recording instructions contained in § 22-411.

The applicant agrees, if requested, to tender a deed of dedication to the Township for such streets, any and all easements for sanitary sewers, water lines, or storm sewers, and improvements thereto, including street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public welfare, after all streets, sidewalks, sewers, and the like are completed and such completion is certified as satisfactory by the Township Engineer. The Board may require that the applicant supply a title insurance certificate from a reputable company before any property is accepted for the Township.

Whenever the applicant is provided open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the applicant and the Township or an organization acceptable to the Township, and shall run to the benefit of the Township and lot purchasers in the subdivision or land development.

The applicant shall have applied for all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as the Pennsylvania Departments of Transportation (PennDOT) and Environmental Protection (DEP), the Public Utility Commission (PUC), the Chester County Health Department (CCHD), and any water or sewer authority whose service area includes the property being subdivided or developed.

For any plan that contemplates the creation of new lots, annexations of land, lot line adjustments, or any other subdivision resulting in new or changed lot lines, the applicant shall provide draft deeds and legal descriptions for the separate conveyance of such parcels or lots, as well as deeds for any required consolidation of lands, as required to effect such subdivision or land development. Such deeds shall be required to be recorded following recordation of the final plan.

[Ord. No. 109-2004, § 409, 9/8/2004; as amended by Ord. No. 186-2016, 12/14/2016; and by Ord. No. 209-2023, 9/13/2023]

The applicant shall execute an agreement, to be approved by the Township, before the final plan is released by the Board and filed on record. Said agreement shall specify the following, where applicable:

The applicant agrees that he will lay out and construct all streets and other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space areas, and erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval.

The applicant guarantees completion and maintenance of all improvements, and recording, by means of a type of financial security acceptable to the Township, as specified in § 22-410, Subsection 2, of this chapter.

The applicant agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements, provided that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory to the municipal engineer.

Whenever an applicant proposes to establish or continue a street which is not offered for dedication to public use, the Board of Supervisors shall require the applicant to submit, and also to record with the plan, a copy of an agreement made with the Board on behalf of himself and his heirs and assigns, and signed by him, and which shall establish the conditions, if any, under which the street may later be offered for dedication, and shall stipulate, among other things:

That an offer to dedicate the street shall be made only for the street as a whole.

That the Township shall not be responsible for repairing or maintaining any undedicated streets.

That the method of assessing repair and maintenance costs of undedicated streets be stipulated, and be set forth in recorded deed restrictions so as to be binding on all successors or assigns.

That, if dedication be sought, the street shall conform to applicable Township specifications or that the owners of the abutting lots shall, at their own expense, restore the street to conformance with such specifications.

§ 22-410 Performance Guarantees.

[Ord. No. 109-2004, § 410, 9/8/2004; as amended by Ord. No. 171-2014, § 2, 5/14/2014; by Ord. No. 186-2016, 12/14/2016; and by Ord. No. 209-2023, 9/13/2023]

The applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including, but not limited to, streets, walkways, curbs, gutters, street lights, shade trees recreational facilities, open space improvements, landscaping, as-built plans, stormwater management facilities and erosion and sediment controls as required by the Honey Brook Township Stormwater Management Ordinance, Chapter 20, and, except as provided for in Subsection 6 hereof, water mains and other water supply facilities, fire hydrants, and sanitary sewage disposal facilities.

Financial security required herein shall be in the form of a federal or commonwealth-chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company, or such other type of financial security which the Township may, in its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is authorized to conduct business within the commonwealth and stipulates that it will submit to Pennsylvania jurisdiction and county venue in the event of legal action.

The said financial security shall provide for, and secure to the public, the completion of all subdivision improvements for which such security is being posted on or before the date fixed in the Board's formal action of approval or accompanying agreement for completion of the improvements. 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 a professional engineer, licensed as such in Pennsylvania, and certified by such engineer to be a fair and reasonable estimate of such cost. The Board, upon recommendation of the municipal 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, the estimate shall be determined in accordance with the terms of § 509(g) of the Municipalities Planning Code, 53 P.S. § 10509(g).

The amount of financial security shall be equal to 110% of the cost of completion of the required improvements for which financial security is to be posted, in accordance with the terms of § 509(f) of the Municipalities Planning Code, 53 P.S. § 10509(f). If the party posting the financial security requires more than one year from the date of posting to complete the required improvements, the amount of financial security shall be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security 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 procedure for estimating cost.

Where development is projected over a period of years, the Board may authorize submission of final plans by section or stage of development, subject to such requirements or guarantees as to improvements in the future sections or stages of development as it finds essential for the protection of any finally approved section of the development, and consistent with the terms of § 508(4) of the Municipalities Planning Code, 53 P.S. § 10508(4).

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 ensure 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.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Board to release or authorize to be released, 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 Board of Supervisors, and the Board shall have 45 days from receipt of such request within which to allow the municipal engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to amount requested by the applicant, but shall certify to the Board his independent evaluation of the proper amount of partial releases. The Board may, prior to release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the remaining improvements as per § 22-803, Subsection 4, of this chapter.

Financial security in an amount to be established from time to time by resolution of the Board of Supervisors shall be required to guarantee the recording of deeds required under § 22-408, Subsection 3G.

Where the Township accepts dedication of all or some of the required improvements within a subdivision or land development following completion, the Township 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. The financial security shall be of the same type as permitted for installation of improvements and the amount of the financial security shall not exceed 15% of the actual cost of installation of the improvements to be offered for dedication. The developer shall, after final inspection and acceptance and for a period of 18 months from the date of dedication to the Township, repair, rebuild or replace any and all items which have proved defective due to unsatisfactory material and/or workmanship. Upon written notice from the Township or Engineer, the developer shall immediately make any repairs that may be necessary or such repairs will be made by the Township at the expense of the developer. In case of an emergency where delay would cause serious loss or damage, the Township shall endeavor to notify developer of the need for such emergency repair, but failing prompt action by developer or the Township's ability to timely reach said developer, the Township may proceed to undertake to repair any defect and the expense of such repairs shall be borne by the developer. The cost of any repairs undertaken by Township pursuant to this section, if unpaid by developer, may be drawn by the Township from the developer's maintenance guarantee.

§ 22-411 Recording of Final Plan.

[Ord. No. 109-2004, § 22-411, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]

The Township shall be provided a minimum of eight paper copies of the final plan for endorsement. Additionally, for major subdivisions, the applicant shall provide two digital copies of the plan as follows:

A digital submission in either a .dxf or .dwg format compatible with the Township's most recent version of AutoCAD utilized by the Township Engineer, and a PDF file of such final plan containing all plan sheets. A PDF file of all required and supporting final reports shall also be provided. This submission shall be on a compact disc (CD) in uncompressed format or a ZIP disc standard compression format only. The digital submission shall provide an exact duplicate of paper drawings. Raster format data or external drawing data shall be imported as blocks, not external references. Proprietary fonts shall not be used. Elevations shall be referenced to the State Plane Coordinate System.

The digital submission shall be prepared to meet commonly accepted drafting and engineering industry standards for layers, but shall, as a minimum, include descriptive information layers containing the following:

Lot lines (no text).

Right-of-way lines (no text).

Street center lines (no text).