The procedures established in this article are
intended to define the steps by which a developer shall make an application,
design a subdivision plan or land development plan, record plans and
construct and maintain improvements and by which the Township Planning
Commission and Council may review, make recommendations, approve the
plans and otherwise administer these regulations.
The developer or applicant will be required
to pay the following fees and costs during the application and construction
phases of his subdivision or land development.
A. Cost of administration. The Township Council shall
set filing fees for applications by resolution and post such fees
at the Township Building. These fees are intended to cover the Township
cost of administration of plans.
B. Municipal expense reimbursement cost. The applicant
or developer is to reimburse the Township for review, approval and
inspection costs associated with subdivisions and land development
plans and improvements. Township Council shall adopt, by resolution,
procedures for placing money in escrow to cover the payment of these
costs. Such procedures can be amended, from time to time, by resolution
of the Township Council. Plans shall not be considered filed until
all fee and escrow deposits are paid. All outstanding reimbursable
cost (to the extent known at the time) shall be paid to the Township
prior to recording of a final plan and/or prior to the release of
the final improvement security and again prior to release of maintenance
security.
Upon satisfactory completion of improvements
in areas required or intended for dedication to the Township or upon
request of the Township, the developer shall execute a deed of dedication
and a maintenance agreement for the land or easement being dedicated
and the improvements thereon in a form satisfactory to the Township
Solicitor. Also, the developer shall deliver such deed and maintenance
agreement to the Township within 60 days of the completion of improvements.
In addition, the developer shall have no more than two years from
the date of the approval of the final plan and the signing of the
improvement agreement by the Township Council to complete the improvements,
unless an extension of time is granted by the Township Council.
A. The deed of dedication should include:
(1) One original executed deed and three copies.
(2) Only one street or parcel of ground for each deed.
(3) A legal description of the property being dedicated
with references to the subdivision or land development plan which
shows the land to be dedicated, the date the plan was recorded and
the map book and page number of the record plan.
(4) An engineering drawing of the land being dedicated
on paper 8 1/2 inches by 11 inches or 8 1/2 inches by 14
inches in size. If the land being dedicated is a street, the plan
should show the width of the right-of-way, the width of the paving,
the length of street in feet and the length of street in miles.
B. As-built plans and survey monument certification.
(1) Three copies of as-built plans, certified as such
by a registered engineer, and two CDs in AutoCAD format (JPEG-ROM)
shall be provided showing the actual as-built location and elevations
of all streets, sanitary sewers, storm drainage facilities, water
systems and any other improvements that are different than shown on
the originally approved plans.
(2) A certification on the as-built plans shall be provided
from a registered surveyor, stating that all monuments and lot pins
shown on the approved plans have been set.
C. The Township, at its sole discretion, may accept such
dedication in the manner provided by law upon review of all documents
and upon a specific finding that:
(1) The developer has satisfactorily completed required
improvements in the area being dedicated;
(2) The developer has entered into an eighteen-month maintenance
agreement and posted maintenance security in a form and amount satisfactory
to the Township;
(3) The area being dedicated has legal access to existing
Township rights-of-way or state roads;
(4) There is a public need or good served by the land
area being dedicated;
(5) Eighty percent of the residential or nonresidential
buildings on building lots fronting on a new proposed public road
shall be constructed and have received a certificate of occupancy
from the Township;
(6) For subdivisions that include public water and/or
public sewer extensions, the public water and/or public sewer extensions
shall be found acceptable to and be accepted by the appropriate public
agency within the area being dedicated;
(7) The Township Solicitor has prepared a satisfactory
advertisement and ordinance for the adoption of traffic ordinances
that may be necessary for any new stop signs or other similar traffic
control features within or caused by the development;
(8) The Township Solicitor has prepared a resolution for
acceptance.
In the event that any required improvements
have not been installed as provided in this chapter or in accordance
with the approved final plat, the Township is hereby granted the power
to enforce any corporate bond or other security by appropriate legal
and equitable remedies. If the proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
Township may, at its option, install part of such improvements in
all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the developer or both, shall be used solely
for the installation of the improvements covered by such security
and not for any other Township purposes. Failure to properly install
the required improvements shall also constitute a violation of this
chapter, punishable as provided by this chapter and by law.
The developer shall agree to indemnify and hold
harmless the Township, Township Engineer and Township agents, servants
or employees against and from any and all loss, cost, damage, liability
and expense on account of damage to property of or injury to or death
of the parties thereto or a third person caused by, growing out of
or in any way whatsoever attributable to the construction of subdivision
and development improvements and the use of the street delineated
on the subdivision plat during construction. The developer shall further
agree, but without limiting its liability to indemnify the Township
and the Township Engineer, to carry liability insurance contracts
with a reliable insurance company covering the period of said construction
in the sum of $500,000 to $1,000,000 for injury to or death of person(s)
and in the sum of $200,000 for damage to or destruction of property,
which insurance contracts shall include the Township and Township
Engineer as named insured.
A building or zoning permit may be issued and
building construction started after the approval of the final plat.
Occupancy shall not be permitted prior to the completion of streets
with at least the initial course of paving, stormwater management
facilities and other improvements necessary for the reasonable access
to and use of the building, including but not limited to sewer, water,
street lighting, street signs, traffic control signals or signs.