1. The Supervisors will designate a Subdivision Coordinator to receive and examine all applications, collect fees and forward completed applications and accompanying information to the Planning Commission Secretary, Supervisors and other interested parties.
2. The Township will be responsible for inspecting actual construction under any approved subdivision or land development plan and may take any reasonable steps to ensure that all projects are inspected adequately.
3. The Subdivision Coordinator will periodically review the status of each application and notify all the Township agencies concerned in writing when action is required by a specific date.
(Ord. 2-2000, 4/5/2000, §31)
The Supervisors will establish a fee schedule and collection procedure, by resolution, for all applications and other matters pertaining to this Chapter. The Subdivision Coordinator will not forward any application, plan or supporting data to anyone until all required fees have been paid. Except that it may recommend that the Supervisors reject an application, the Planning Commission will take no action on it until all fees have been paid and the application and required supporting data have been properly signed and filed in the form and number required by this Chapter.
A. Inspection Fees.
(1) The Board of Supervisors shall establish an inspection fee schedule by resolution for the purpose of listing the required inspection escrow fees to be applied toward inspection of the required public improvements.
(2) Such escrow money shall be collected by the Township prior to the recording of an approved final plan for subdivision or land development, the posting of required improvement surety by the applicant and prior to the issuance of a construction permit.
(3) The applicant or his agent shall, upon demand by the Township Engineer and approval of the Board of Supervisors, reimburse the Township from such escrow for the expenses incurred by it in the inspection of the construction, and acceptance of improvements set forth within the recorded plan. Such expenses shall include, but not be limited to:
(b) Consulting engineering services.
(c) The actual cost of all drainage, sewage, soil, water and other material testing services.
(d) Legal fees, advertising fees, recording fees, and other costs involved with the acceptance and dedication of streets, easements, utilities, and other public improvements to the Township.
(e) Administrative fees of 5%.
(4) The escrow fund shall, upon demand by the designated Township official, be replenished by the applicant or his agent when it has been drawn down to 10% of its initial amount and the dedication process has not commenced.
(5) When the Board of Supervisors accepts the public improvements, the Township shall return any unused portion of the escrow inspection money, together with accumulated interest, to the applicant, within 45 days of the release of the maintenance bond. The applicant shall be entitled to an accounting of the inspection expenses incurred during construction and, acceptance of the public improvements. The application fee is not refundable.
(Ord. 2-2000, 4/5/2000, §32)
1. A building permit may be issued when either a preliminary plan or a final plan has been approved, but not before water and sewage permits have been issued and performance and maintenance guarantees delivered.
2. No lot in a subdivision may be sold, no permit to build, alter or repair any building on land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development until a subdivision or land development plan has been approved and, where required, recorded, and until either all required improvements have been completed or their completion has been assured by a completion bond or the deposit in escrow by a completion bond or the deposit in escrow funds or securities in the amount of 110% of the cost of completion as estimated by the Township Engineer. If the party posting the financial security requires more than 1 year from the date of posting of financial security to complete the required improvements, the amount of financial security may be increased by the Board of Supervisors by an additional 10% for each 1 year period beyond the anniversary date from the posting of financial security but not in an amount exceeding 110% of the cost of completion as re-established.
(Ord. 2-2000, 4/5/2000, §33)
The Supervisors may grant a modification of the requirements of one or more provisions of this Chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this Chapter is observed. All requests for modifications shall be in writing and shall accompany and be part of the application for development, stating in full the grounds and facts of unreasonableness or hardship and the provision of the ordinance involved as well as the minimum modification necessary. All requests for modification shall be referred to the Thornbury Township Planning Commission for advisory comments.
(Ord. 2-2000, 4/5/2000, §34)
No street or road in any subdivision under construction in which subdivision there shall have been erected one or more structures, whether or not they be completed, shall be blocked by the placement of vehicles including, but not limited to, dump trucks, rollers, earth movers or generators, or by the digging of a ditch or the placing of earth, construction materials or such matter that would constitute an impediment to the passage of emergency vehicles across any such street or road.
(Ord. 2-2000, 4/5/2000, §35)
When the Supervisors of Thornbury Township accept dedication of all or some of the required improvements following completion, the developer shall post financial security to secure the structural integrity of the improvement for a term of 18 months from the date of the acceptance of dedication. The financial security shall be in the amount of 15% of the actual cost of installation of the said improvements. In addition thereto, the applicant for subdivision or land development shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of improvements incurred which expenses shall be in accordance with the ordinary and customary fees charged by the Township Engineer. Any disputes shall be determined according to the provisions for settling of disputes as set forth in the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.
(Ord. 2-2000, 4/5/2000, §36)
1. Every preliminary and final subdivision or land development plan submitted after this Chapter is adopted is to be reviewed by the Township and County Planning Commissions and approved or disapproved by the Supervisors according to law.
2. For procedural purposes, every subdivision application will be classified as major or minor.
3. An applicant for a major or minor subdivision may first submit a pre-application plan, which will enable him to consult informally with the Township and/or County Planning Commission before the applicant prepares and submits a preliminary or final plan.
4. If the applicant chooses not to submit a pre-application plan:
A. An applicant for a major subdivision begins by submitting a preliminary plan (in which case §§22-501 and 22-502 do not apply).
B. An applicant for a minor subdivision may begin by submitting either a preliminary plan or a final plan (if a final plan, §§22-501 through 22-505 do not apply).
(Ord. 2-2000, 4/5/2000, §41)
An applicant who elects to submit a pre-application plan submits it, in the required number of copies, to the Subdivision Coordinator, together with a letter saying that he recognizes that the pre-application plan procedure is strictly informal and the submission does not constitute an application for approval under any State, County or Township ordinance. The Subdivision Coordinator forwards the submittal to the Township Planning Commission.
(Ord. 2-2000, 4/5/2000, §42)
The Planning Commission reviews the pre-application plan and recommends changes it considers necessary or in the public interest. Within 10 days of that review, the Planning Commission secretary sends written notification of the Commission's action to the following:
A. The Subdivision Coordinator.
B. The Board of Supervisors.
C. The Township Secretary.
D. The applicant.
E. Any other person, group, company or organization that requests the same.
(Ord. 2-2000, 4/5/2000, §43)
1. Every preliminary plan must conform to the most recent relevant regulations of the Township.
2. The applicant submits the preliminary plan and all required supplementary data, in the required form and number of copies, to the Subdivision Coordinator, together with the required fees. The applicant is responsible also for submitting to the Township, all documents and fees required by the Delaware County Planning Department. The applicant shall also be responsible for providing notice, via certified mail, to the governing body of all abutting contiguous municipalities notifying said governing body of the filing of the applicant's subdivision and land development application, and indicating the date and times at which the said governing body may appear and comment on the applicant's plan. [Ord. 2-2001]
3. The Subdivision Coordinator retains one set of information and transmits copies of the preliminary plan, application and all pertinent information in the number required to the following:
B. Thornbury Township Planning Commission.
C. Delaware County Planning Department (with application and fee).
D. Delaware County Conservation District (with application and fee).
E. Sewage Enforcement Officer (with DEP copy of DCPD application, and two planning modules).
F. Environmental Advisory Commission.
G. Board of Supervisors.
4. The Subdivision Coordinator will monitor the progress of the review process so that the Board of Supervisors can take the necessary action within the time limit required by Act 247, as amended, 53 P.S. §10101 et seq.
5. During the period of the review of the preliminary plan, the applicant may respond to comments and suggestions by submitting revised preliminary plans, subject to the following procedural regulations:
A. The applicant will submit all revisions to the Subdivision Coordinator for proper handling and distribution; no revisions shall be considered unless submitted to the Subdivision Coordinator.
B. No revisions will be considered if submitted subsequent to the thirtieth day before the regular meeting of the Board of Supervisors within the period for review, unless the applicant shall, concurrently with the submission of such revision, submit a written grant for extension of the period for plan review by an additional period of 60 days. [Ord. 2-2003]
(1) A developer, landowner, contractor or subcontractor of an uncompleted subdivision may place a chain attached to iron or steel posts across a roadway but, in the event of fire or other calamity, if such chain is cut by a fire company, police, rescue squad or other emergency staff, there shall be no liability on account of the cutting of the chain.
(2) Any person, partnership, or corporation who or which has violated the provisions of this Chapter, upon being found liable therefore in a civil enforcement proceeding commenced by the Township of Thornbury shall pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the District Justice. If the defendant fails to pay the fine or timely appeals from the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day that violation continues shall constitute a separate violation, unless the District Justice in determining that there was a good faith basis for the person, partnership, or corporation violating this Chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the said District Justice and thereafter each day that a violation continues shall constitute a separate violation. [Ord. 2-2003]
(Ord. 2-2000, 4/5/2000, §44; as amended by Ord. 2-2001, 3/21/2001, §2; and by Ord. 22003, 12/17/2003, §I)
1. Township Engineer. The Township Engineer will review the submitted material and within 30 days of the date of the acceptance of a completed submission, detail all items where the submitted material does not comply with the requirements of this Chapter. A report containing this detail as well as all other comments, recommendations, and suggestions shall be prepared and sent to the Planning Commission. [Ord. 2-2003]
A. At least 10 days before the last scheduled Supervisors meeting prior to the deadline of 90 days following the date of the regular public meeting of the Planning Commission next following the date the application is filed, or prior to the deadline of 120 days following the date the application is filed, should the date of the next regular public meeting occur more than 30 days after the date the application is filed, the Planning Commission will review the plan, submit data and all recommendations received from the Township Engineer as well as the other reviewing agencies and recommend rejection, conditional acceptance or non-conditional acceptance.
B. Within 5 days of the review, the Planning Commission Secretary notifies the Supervisors, in writing, of the Commission's decision and the reasons for it with copies to:
(1) The Subdivision Coordinator.
(2) The applicant.
(3) Others as designated.
(4) Anyone else who has specifically asked to be notified.
The notice must cite specific sections of the relevant statutes and ordinances and specify the latest date by which the Supervisors must consider the plan.
C. Board of Supervisors.
(1) When recommendations of the Planning Commission are received in accordance with the provisions of this Chapter, the Supervisors will put the plan on their agenda for review.
(2) The Supervisors review the preliminary plan and reports of the Township and County Planning Commissions, and require any changes they consider necessary or in the public interest. They may also recommend any other changes they consider desirable.
(3) They notify the applicant of their decision, in writing, no more than 15 days after reaching their decision which shall be not more than 90 days following the date of the regular public meeting of the Planning Commission next following the date the application is filed, or prior to the deadline of 120 days following the date the application is filed should the date of the next regular public meeting occur more than 30 days after the date the application is filed.
(4) They designate a reproducible of the preliminary plan, which includes all required changes and conditions, as the official copy which will be retained in the Township file. A print will be sent to the Township Engineer, the Sewage Enforcement Officer and to others as required.
(Ord. 2-2000, 4/5/2000, §45; as amended by Ord. 2-2003, 12/17/2003, §I)
§22-408. Performance and Maintenance Guarantees.
1. Unless the applicant shall complete the installation of all subdivision improvements (including both public and private improvements) prior to final subdivision approval, the applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all subdivision improvements (including both public and private improvements) and common amenities including, but not limited to, streets and roads, walkways, curbs, gutters, street lights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in subsection .6 hereof; water mains and other water supply facilities, fire hydrants and sanitary sewage disposal mains and other sewage disposal facilities.
2. 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 shall stipulate that it submits to Pennsylvania jurisdiction and Delaware County venue in the event of legal action.
3. 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 within one year of the date fixed in the subdivision agreement for completion of such improvements.
4. The amount of financial security shall be established in accordance with the guidelines established pursuant to the Pennsylvania Municipalities Planning Code.
5. Where the final plan is submitted in sections as set forth in §22-407.3, the performance guarantee may be posted in accordance with each section, subject to such requirements or guarantees as to requirements in future sections or stages of development as the Board of Supervisors finds essential for the protection of any finally approved section of the development.
6. 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 facility or municipal authority separate and distinct from the municipality, 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 financial security as otherwise required by this Article.
7. 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, 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 of Supervisors shall have 45 days from receipt of such request within which to allow the Township 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 of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of improvements completed. The Board of Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board of Supervisors his independent evaluation of the proper amount of partial releases.
8. Where the Board of Supervisors accepts dedication of all or some of required improvements following completion (whether such dedication is of the fee or of an easement), the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning- of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guarantee, as described in subsection .2 hereof; shall be for a term of 18 months from the date of the acceptance of dedication and shall be in the amount equal to 15% of the actual cost of installation of the improvements so dedicated.
9. Where the maintenance of stormwater retention facilities or streets 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 such responsibilities be provided for in a note on the final record plan, a recorded declaration and in any public offering statement substantially similar in form to the following: In the event that the party or parties responsible for the maintenance of the stormwater retention facilities or private streets in the development fail to properly maintain said facilities, the Township may, but shall not be obligated to, provide said parties with 30 days notice of the Township's intention to perform said maintenance or repair. In the event that said parties do not perform or commence to perform said maintenance or repair within the 30-day notice period, the Township may, but shall not be obligated to, perform said maintenance or repair and charge the cost thereof; including any fees of the Township professionals, proportionately to each of the homeowners in the development and may file a lien against the property of the homeowners until such amounts are fully reimbursed to the Township.
10. In the event any improvements which may be required have not been installed as provided in this Chapter or in accordance with the approved final plan, the Supervisors of Thornbury Township may use the proceeds of the bond or other security posted. If such bond or security is insufficient to nay the cost of installing or making repairs or corrections to all of the improvements covered by the security, the Board of Supervisors may, at its option, install part of such improvement and may institute appropriate legal or equitable action to recover the money necessary to complete the remainder of the improvements.
(Ord. 2-2000, 4/5/2000, §46)
