[Amended 12-26-1990 by Ord. No. 90-12; 9-21-1995 by Ord. No.
95-3; 11-4-2020 by Ord. No. 2020-03]
The requirements of this article shall apply to all applicants
submitting a final plan for subdivision or land development in Lower
Salford Township. Before the final plan is signed and made ready for
recording or prior to the issuance of any permits needed for construction
or occupancy of any subdivision or land development, all applicants
are required to complete to the satisfaction of the Lower Salford
Township Board of Supervisors or ensure the completion of all Required
Improvements in manner set forth in this article and in the Lower
Salford Township Administrative Guidelines for Subdivision and Land
Development Proposals.
No final plan shall be approved until the applicant has either:
A.
Completed all of the Required Improvements identified by the Board
of Supervisors for final plan approval, in compliance with the requirements
of this chapter and the Pennsylvania Municipalities Planning Code;
or
B.
Provided a proper financial guaranty in a manner acceptable to the
Township for the Required Improvements, in compliance with the Pennsylvania
Municipalities Planning Code.[1]
(1)
The work completed or guaranteed shall be in strict accordance with
the approved plans and the requirements of this chapter.
(2)
No lot in a subdivision may be sold, and no permit to erect, alter
or repair any building upon land in a subdivision or land development
will be issued unless and until a subdivision and/or land development
plan has been approved, and where required, recorded and until the
required improvements have either been completed or guaranteed for
completion as required herein.
(3)
The applicant shall also guarantee that no lot will be sold or building
constructed in any floodplain area except in compliance with the floodplain
management requirements of this chapter, the Township's Zoning
Ordinance and the Township's building code.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Guarantee for completion of required improvements. In lieu of the
completion of the Required Improvements for final plan approval, the
applicant shall provide to the Township financial security in a form
which shall be subject to approval by the Township Solicitor, in compliance
with the applicable requirements of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
As certain sections of the required installations are completed,
the Board of Supervisors may release all or portions of the financial
security as approved by the Township Engineer when requested by the
developer in accordance with the Pennsylvania Municipalities Planning
Code.
A.
The applicant shall post with the Township, simultaneously with the
posting of the financial security, a cash escrow in the amount of
10% of the estimated construction costs of the Required Improvements
required to be built under the improvement construction plan, or such
other amount as may be determined to be appropriate by the Township
Engineer, to reimburse the Township for reasonable and necessary expenses
incurred by the Township for the following:
(1)
The services of the Township Engineer, including inspection of and
reports about the plans, Required Improvements and all costs for other
engineering and professional certification as deemed necessary.
(2)
The services of the Township Solicitor for legal services incidental
to the preliminary and final approval of plans of each subdivision
or development, or section thereof, and specifically including, but
not limited to, the review of all plans, correspondence and permits;
the preparation of subdivision and escrow agreements, easements, covenants
and deeds; the attendance at any meetings with the Supervisors, the
Planning Commission, the Township Engineer, the developer or the developer's
representatives in connection with the development either before or
after approval and specifically including problems which may develop
during the construction of a subdivision or land development; and
any telephone conferences in connection with any of the above.
(3)
The services of any other Township consultants.
(4)
The actual costs of all drainage, water and/or material tests.
(5)
$50 per hour for each hour or portion thereof that the Township Building
Inspector is engaged on the work.
(6)
Legal fees, advertising and other costs involved in the dedication
of streets and Dedicated Improvements to the Township.
(7)
Costs of recording the plans, agreements and any other administrative
fees incurred as a part of the development.
B.
The aforementioned cash escrow shall be deposited by the Township
in a bank account, and the Township may draw upon the escrow as necessary
to reimburse itself for the fees and costs set forth in this Section.
Simultaneously with each such draw from the escrow by the Township,
the Township shall send the developer/applicant an invoice (marked
"paid") for the amount drawn, specifying the particular fee, cost
or expense for which the Township has drawn payment or reimbursement.
The developer/applicant shall at no time permit the cash escrow required
by this subsection to be reduced below an amount reasonably estimated
by the Township Engineer to be necessary to reimburse the Township
for the remaining fees, costs and expenses which the Township is reasonably
likely to incur prior to the completion of the subdivision or land
development. Within 10 days of the developer's receipt of notice
from the Township that the balance of the escrow required by this
Section is deemed inadequate to cover the reasonable costs and expenses
likely to be incurred by the Township, the developer/applicant shall
post such additional monies as have been specified in the notice.
Subject to the dispute resolution procedure set forth in the Pennsylvania
Municipalities Planning Code,[1] as amended from time to time, the refusal to post such
monies shall entitle the Township to withhold any requested inspections
or permits until such time as the escrow has been increased as requested
by the Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Upon completion and approval of all Required Improvements, acceptance
of all Dedicated Improvements and the expiration of any applicable
maintenance periods, any portion of the cash escrow which remains
shall be returned to the developer along with any accumulated interest.
D.
The provisions of this Section may be modified by any land development
agreement entered into between the Township and the developer/applicant.
A.
Notice.
(1)
The Township Engineer shall be notified 48 hours in advance of the
commencement of any construction or installation operation in order
that provision may be made for inspection by the Township.
(2)
Construction and installation operations shall also be subject to
inspection by Township officials during the progress of the work.
The applicant, developer or builder shall pay for all inspections.
B.
Improvement specifications. All required road improvements shall
be constructed in accordance with the applicable provisions of the
Pennsylvania Department of Transportation, Form 408, as amended, including
the latest revisions and other applicable regulations. All other Required
Improvements shall be constructed in accordance with approved specifications.
(1)
Specifications. The specifications will be furnished to the applicant
by the Township. If any of the specifications are unavailable at the
Township office, the Township Engineer shall provide the applicable
specifications.
(2)
Sample of materials. During or after construction of any required
improvement, if the Township requires a sample of materials, said
sample shall be furnished by the appropriate contractor, in a form
specified by the Township Engineer.
C.
Delivery slips. Copies of all delivery slips for materials used in
the construction of any storm sewers, sanitary sewers, roads, curbs,
sidewalks or any other facility within a Township right-of-way or
easement or in areas proposed for future dedication to the Township
shall be supplied to the Township.
A.
Conditions. The Township shall have no obligation to accept the dedication
of any street or other dedicated improvement unless:
(1)
The Dedicated Improvements, utility mains and laterals and monuments
shown on the approved plan or plans have been constructed to meet
all requirements, are free of defects or deterioration and are properly
functioning.
(2)
It is established to the satisfaction of the Board of Supervisors
that there is a need for the dedication of improvements.
B.
Acceptance. The Township shall have no responsibility with respect
to any street or other improvement, notwithstanding the use of the
same by the public, unless the street or other improvement is accepted
by an ordinance or resolution adopted by the Board of Supervisors.
C.
Offer of dedication.
(1)
The applicant shall submit a written offer of dedication to the Township
for the streets or other Dedicated Improvements, including the following:
(2)
The items required in Subsection C(1) above shall be submitted to the Township Engineer and Solicitor for their review and recommendations.
(3)
The Board of Supervisors may accept dedication of the streets or
other Dedicated Improvements by passing a resolution to that effect.
When the Required Improvements are certified as complete by
the Township Engineer, the Board shall require posting of financial
security by the applicant to secure the structural integrity and functioning
of the Required Improvements in accordance with the design and specifications
as depicted on the approved final plan and the applicable provisions
of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Where the maintenance of Improvements is to be the responsibility
of individual lot owners, a homeowners' association or similar
entity, or an organization capable of carrying out maintenance responsibilities,
the Board of Supervisors shall require that maintenance responsibilities
be set forth in perpetual covenants or deed restrictions binding on
the landowners' successors in interest, and may further require
that an initial maintenance fund be established in a reasonable manner.
