111 SUBDIVISION & LAND DEVELOPMENT

Transcription

1 SUBDVSON & LAND DEVELOPMENT Chapter 77 Township of DALLAS GENERAL PUBLSHERS WWW. generalcode. corn 72 Hinchey Road Rochestel; New York 4624 October 2003

2 Chapter 77 SUBDVSON AND LAND DEVELOPMENT Objectives Short title. ARTCLE General Provisions Authority and territorial limits of regulations. ARTCLE Procedures and Requirements Q Subdivision procedures Design standards mprovements Plan requirements Modifications and exceptions. ARTCLE Definitions Definitions and word usage. ARTCLE V Sewer Requirements Applicability Definitions General requirements Sanitary sewer plan Connection required if Authority sewer system available Alternatives to connection with Authority sewer system Treatment plant Size and slope of sewers House connections Manholes Rights-of-way and easements. ARTCLE V Amendments and Enforcement Revision and amendment Violations and penalties. [HSTORY: Adopted by the Board of Supervisors of the Township of Dallas Amendments noted where applicable.] Municipal authorities - See Ch. 5. ntermunicipal agreements -See Ch.. GENERAL REFERENCES Sewers - See Ch. 64. Stormwater management - See Ch. 72. FloodJain management - See Ch. 47. Zoning - See Cb

3 Q 77- DALLAS CODE Q 77-2 ARTCLE General Provisions Authority and territorial limits of regulations. A. B. The Pennsylvania Municipalities Planning Code Act of 968, P.L. 805, No. 247,l as reenacted and amended by Act No. 70 of 988 of the Legislature of the Commonwealth of Pennsylvania, vests the Board of Supervisors of Dallas Township with the control of the subdivision of land and land development within the Township of Dallas, Luzerne County, Pennsylvania. The Dallas Township Planning Commission is hereby designated by the Board of Supervisors as the agency which shall review and make decisions on preliminary and final subdivision and land development plans as required herein, and, when provided by ordinance or resolution, make other recommendations. No subdivision of any lot, tract, or parcel of land shall be effected and no street, sanitary sewer, storm sewer, water main, or other facilities in connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of such regulations. No lot in any subdivision may be sold, and no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision, unless and until a subdivision plan has been approved and recorded; and until the improvements required by these regulations in connection therewith have either been constructed or guaranteed as herein provided. [Amended ] These regulations shall apply to all land within the Township of Dallas, Luzerne County, Pennsylvania Objectives. n the adoption of these regulations, the Dallas Township Supervisors propose to accomplish the following objectives: A. B. C. D. E. F. To help and assist owners of land in Dallas Township in planning for the use of their land and in any subdivision of their land. To set up a standard set of minimum regulations to guide subdividers, architects, landscape architects, land planners, surveyors, and engineers in the design and development of subdivisions. To provide protection for the lot purchasers and the local governments in the installation of proper utilities and improvements by the subdivider. To provide adequate light and air by controlling lot size, preventing on one hand excessive concentration of population. To reduce the waste of excessive amounts of roads through poor design, or excessive costs of roads or grading of lots by not fitting the roads to the contour of the land. To secure safety from fire and other dangers. Editor s Note: See 53 P.S et seq. 7702

4 SUBDVSON AND LAND DEVELOPMENT G. To make adequate provision for roads, water flowage, water supply, drainage, sanitation, educational opportunities, recreation, protection of the tax base, securing economy in governmental expenditures, and the protection of both urban and nonurban developments Short title. The official name of these regulations shall be the Subdivision Regulations of Dallas Township Subdivision procedures. A. Preliminary considerations. () Regulatory. ARTCLE Procedures and Requirements (a) Grading. No person, firm or corporation proposing to make or have made a subdivision within the area of jurisdiction of these regulations shall proceed with any grading or other change in the level or contours of the land before obtaining from the Commission the approval of the preliminary plan of the proposed subdivision, and no lots shall be delivered or agreements for sale made for lots in any subdivision before obtaining from the Commission the approval of the final plan of the proposed subdivision. (b) Access; drainage; geology. No land shall be subdivided for residential use unless adequate access to the land over adequate streets or thoroughfares exists or will be provided by the subdivider, or unless such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography or any other feature harmful to the health and safety of possible residents and the community as a whole. Advisory. n order to make the most of the opportunities related to the subdivision and to conserve time, efforts, and expense, the owner or subdivider should consult with the Planning Commission and other relevant public officials prior to the preparation of the tentative plan of the subdivision; this informal review should prevent unnecessary and costly revisions. Requirements for land use and zoning; thoroughfares; school and recreational sites; shopping centers; community facilities; sanitation, water supply and drainage; and relationship to other developments, existing and proposed, in the vicinity should be determined in advance of the preparation of the subdivision plan. The subdivider should contact the Federal Housing Authority if he contemplates obtaining Federal Housing Authority insurance, to determine whether any of its requirements, particularly road construction, are of a higher standard than required in the regulations. A thorough estimate of the situation will result in sound decisions with respect to the form, character, and extent of the proposed subdivision. 7703

5 DALLAS CODE B. Applications for approval. [Amended ] () Preliminary plan. (a) Submission. A subdivider or developer desiring approval of a plan of a subdivision of any land lying within Dallas Township shall submit a written application accompanied by nine copies of the preliminary plan, together with nine copies of profiles, cross-sections, percolation data, and other necessary data, at least three weeks prior to a regular meeting of the Commission. Regular meetings of the Commission shall be held on the second Tuesday of each month at 7:OO p.m. at the Township Municipal Building except that, when said date falls on an official election date, that meeting shall be held on the following day at 7:OO p.m. and except that the Commission may change the date and time of the next or any subsequent monthly meeting by a resolution adopted by the Commission at any regular monthly meeting. The application form shall be accompanied by the requisite fee as set forth in A() of these regulations. The Zoning Officer shall forward one copy of the preliminary plan prints and one copy of any other required material or data to the Luzerne County Planning Commission and such other agencies as he deems appropriate for review and comment. The remaining copies of the preliminary plan prints and required materials shall be forwarded to the Planning Commission. When applicable, the application shall be accompanied by a Planning Module for Land Development, as required by the Pennsylvania Department of Environmental Protection. f the subdivision or land development adjoins an existing or proposed state highway, or has proposed streets or egress entering onto a state highway, the developer shall submit the plans to the Pennsylvania Department of Transportation for review. [Amended by Ord. No (b) Approval. The Planning Commission will consider the plan to determine if it meets the standards set forth in these regulations and Chapter 95, Zoning, and shall act on the preliminary plan within 90 days of the official filing date. For the purpose of these regulations, the official filing date shall be the date of the regular meeting of the Planning Commission next following the date the application and plans are received in the Township Municipal Building. Provided, however, that should said regular meeting occur more than 30 days following the submission of the application, the official filing date shall be the 30th day following the day the application had been submitted. The Planning Commission shall determine whether the preliminary plan shall be approved, approved with modifications, or disapproved. The Planning Commission shall consider the recommendations of the Zoning Officer, the Township Engineer, the Luzerne County Planning Commission, interested residents, and recommendations of any agency or agencies from which a review was requested. The decision of the Planning Commission shall be communicated in writing to the applicant personally or mailed to him at his last known address not later than 5 days following the decision. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been meet and shall, in each case, cite the provisions of the statute or ordinance or regulations relied upon. Failure of the 7704

6 0 f i E a s 8 a SUBDVSON AND LAND DEVELOPMENT (2) Final plan. Planning Commission to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an 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 of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like affect. Approval of the preliminary plan shall constitute approval of the subdivision of land development as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots, and other planned features. The approval binds the subdivider or developer to the general scheme of the subdivision shown, unless a revised preliminary plan is submitted, and permits the subdivider to proceed with final detailed design of improvements, to arrange for guaranties to cover installation of improvements, and to prepare the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of the preliminary plan. No grading shall take place before preliminary approval is given to the plans submitted. A revised plan submitted after disapproval shall be processed as a new plan submission. (a) Submission. After the subdivider or developer has received official notification from the Planning Commission that the preliminary plan has been approved, he must submit a final plan in accordance with the provisions of Section 508 of the Municipalities Planning Code2 and other standards and requirements of these regulations. The final plan shall conform in all respects with the approved preliminary plan, and if it does not, the plan submitted shall be considered as a revised preliminary plan and shall be reprocessed for review as a preliminary plan. The subdivider or developer must submit with the final plan a guarantee for the installation of improvements which meets the requirements set forth hereinafter. The application form shall also be accompanied by the requisite inspection and engineering fees as required by these regulations. Documented approval of the Planning Module for Land Development by the Pennsylvania.Department of Environmental Protection shall be a part of the requisite materials accompanying the final plan submission. The subdivider or developer shall submit a reproducible original of the plans, nine prints for the final subdivision or land development and at least three copies of all other required information at least two weeks prior to a regularly scheduled meeting of the Commission. The Zoning Officer shall forward the original plans and five copies of the plans and one copy of all the other material to the Planning Commission for review and approval; one copy of the plan and one copy of all the material to the Luzeme County Conservation District for review and comment; one copy of the plan and one copy of all other material to the Luzeme County Planning Commission; one copy of the plan to the Township Engineer; and copies to such other agencies whose recommendations would be pertinent to the processing of the plan. (b) Checking. The Commission will examine the plan to ascertain: Editor s Note: See 53 P.S

7 DALLAS CODE [l] That technical details of the plan itself have been checked and found satisfactory; [2] All required improvements have been either completed or guaranteed as required by these regulations; and [3] Whether the plan complies with recommendations of the Zoning Officer, the Township Engineer, the Luzerne County Planning Commission, the Luzerne County Conservation District, PennDOT, and those of any agency or agencies from which a review was requested. (c) Approval. The Commission, after the final plan has been checked, and provided that the final plan is found to conform with the preliminary plan as approved, and further providing that either improvements are completed or a guarantee for the installation of improvements is provided, may approve the final plan and enter such approval thereon in writing by its Chairman. The Commission may require the land developer to show a current certificate of liability insurance for a minimum of $,000,000 with Dallas Township named as co-insured before any construction work begins and for the duration of the project. f the final plan is approved subjected to conditions, the Commission shall set the amount of bonding or other security necessary to guarantee the construction of improvements and cornunity facilities and shall state such amount in the notice to the applicant. The approval of the final or record plan by the Commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way, space, or area shown on said plan. (d) Acceptance, laying out and opening of streets shall be in conformity with 53 P.S et seq. of the Second Class Township Code as heret~fore.~ (e) The Planning Commission shall take action within 90 calendar days from the official filing date of the plan. Failure to do so shall be deemed an approval. The Planning Commission shall notify the applicant in writing of its decision to approve, approve with conditions, or disapprove the final plan. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 5 days following the decision. f the final plan is disapproved, the Planning Commission shall specify the defects found in the plan and the requirements which have not been meet, including specific reference to the provisions of any statute or ordinance or regulations which have not been fulfilled. (f) Recording. Upon approval of the final plan, the subdivider or developer shall prepare one transparent reproduction of the original final plan on stable plastic based film and no less than four prints thereof which shall be submitted to the township not later than 30 days after approval. These plans, upon satisfaction of all conditions attached to the approval, will be signed by the Chairman of the Planning Commission. A copy of the signed final plan shall be recorded in the office of the Luzerne County Recorder of Deeds within 90 days after approval of Editor s Note: Amended at time of adoption of Code (see Ch., General Provisions, Art. ). 7706

8 SUBDVSON AND LAND DEVELOPMENT E 8 c i 8 the final plan, or said approval may be voided. The final plan must be recorded before proceeding with the sale of lots or construction of buildings. C. Minor subdivision procedure. Minor subdivision plans, i.e., those contemplating a subdivision of land into not more than two parcels located on an existing improved street and not involving installation of major improvements, frontage on highway or major arterial street, adverse affects on the development of the remaining parcel or adjoining properties, and/or conflicts with other local or state laws, shall be initiated and submitted in the form of a final plan as specified herein and otherwise reviewed in accordance with the foregoing procedures and standards. [Added ] Design standards. The preliminary plan of the subdivision shall substantially conform to the following principles and standards of design: A. B. The Planning Commission shall have the power to require the subdivider to provide for the reservation of schools, recreation areas or other public uses either as part of a land use plan, or as a new neighborhood; provided, however, that such showing or locating shall not of itself constitute or be deemed to constitute a taking or acceptance of the land by the Planning Commission or the governing body. No persons shall be permitted to build within the lines of said public ground except as hereinafter provided. This reservation for public grounds shall lapse and become void one year after the owner of such property shall have notified the municipality in writing of his intention to build a structure for private use, or made formal application for a building permit, unless the governing body shall have acquired the property or begun condemnation proceedings to acquire such property before the end of the one year limitation. Streets. () The street and alley layout shall conform to any plans adopted by the Commission for the development of the neighborhood in which the proposed subdivision is located and shall provide access to all lots and parcels of land within the subdivision. Where streets intersect other streets, offsets shall not be created. The minimum distance between center lines of parallel or approximately parallel streets intersecting a cross street from the opposite directions shall be 20 feet. (2) Proposed streets shall be adjusted to the contour of the land so as to produce usable lots. (3) Where appropriate, proposed streets shall be extended to the boundary line of the tract being subdivided so as to eventually provide for normal circulation of traffic within the vicinity. (4) Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided, the remainder of said street or alley to the prescribed width shall be platted within the proposed subdivision, where this would not adversely affect the proposed subdivision. 7707

9 DALLAS CODE (5) Alleys shall ordinarily not be provided in residential districts but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes and, where platted, shall be at least 33 feet in width. (6) The center lines of streets shall intersect as nearly at right angles as possible. (7) At intersections of streets the property line comers shall be rounded by arcs with radii of not less than 5 feet, or by chords of such arcs. For streets other than residential streets, the Commission may require a larger radius. (8) Street curbs or edges of pavement at street intersections, where they are required, shall be rounded off concentrically with property lines. (9) At intersections of streets and alleys, property line comers shall be rounded by arcs of at least 20 feet radii or by chords of such arcs. (0) f the smaller angle of intersection of two streets is less than 60, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Commission. ( ) ntersections of more than two streets at one point shall be avoided. (2) Whenever the proposed subdivision contains or is adjacent to a railroad, or a major highway and particularly a limited access highway, provision shall be made for a parallel street, properly buffered by a planting strip from said railroad or highway, or a parallel street at a distance acceptable for the appropriate use of the land between the highway and such street, or by a series of culs-de-sac or short loops entered from and planned at right angles to such parallel street with the rear lines of their terminal lots abutting on the highway. Lots abutting a railroad or major highway in the rear shall have a rear yard with a minimum depth of 75 feet. (The rear yard is the closest portion of a major structure on the lot to the railroad or major highway right-of-way.) (3) Street and alley right-of-way widths. Streets other than residential streets shall have such right-of-way widths as the Commission shall deem to be necessary in view of the function and prospective traffic load of the particular street or part thereof. The minimum right-of-way width of residential streets shall be as follows: (a) Collector street: 60 feet. (b) Minor street: 50 feet. (c) Alley: 33 feet. (4) Horizontal visibility. Streets shall be so laid out that there will be unobstructed sight distances along the center lines thereof, measured from a point five feet above the proposed grade line, to permit horizontal visibility as follows: (a) Limited access highways: To be determined by the Commission but generally not less than 600 feet. (b) Other major traffic streets: 600 feet. (c) Collector streets: 300 feet. 7708

10 SUBDVSON AND LAND DEVELOPMENT f (d) Minor streets: 50 feet. (5) Between reversed curves on arterial streets, a tangent of not less than 200 feet shall be provided, and on feeder and residential streets such a tangent shall be not less than 00 feet. (6) Street grades. (a) Center line grades shall not exceed the following: [ Major traffic streets: 5%. [2] Collector streets: 7%. [3] Minor streets: 2%. n exceptional circumstances, 6% may be permitted, at the discretion of the Commission, for short distances on straight roads. (b) Vertical curvature measured along the center line shall have a minimum radius as follows, unless topographic or other conditions are such that, in the circumstances of the particular case, the indicated radius is not feasible and the Commission is of the opinion that a lesser radius would adequately protect the public interest: [ 3 Limited access highways:,800 feet. [2] Other major traffic streets:,000 feet. [3] Collector streets: 300 feet. [4] Minor streets: 00 feet. (c) Minimum grade. The minimum grade of any street gutter shall not be less than 0.5 of % for cement concrete pavements or streets with cement concrete gutters, and % for bituminous pavements. (7) Pavement widths. (a) Minimum pavement widths shall meet the following standards: [ Major traffic street: 40 feet. [2] Collector street: 24 feet. [3] Minor streets: 22 feet. [4] Alleys:. 22 feet. (b) For major traffic streets deemed by the Commission to require wider pavements than the traffic needs of a particular subdivision, the matter of financial arrangements shall be taken up by the subdivider with the officials having jurisdiction. (8) Cul-de-sac streets. (a) Cul-de-sac streets on which six or more residential properties front shall terminate in a circular right-of-way with a minimum diameter of 00 feet overall, and 80 feet to the outer pavement edge or curbline. 7709

11 Q 77-5 DALLAS CODE Q 77-5 c. Lots. (b) For cul-de-sac streets with less than six residential properties fronting on them, the pavement, where required, may be widened to the full right-of-way in a T or Y shaped background, 2 feet wide, with the flared portions rounded by at least 20 feet radii. () All lots shall abut on a public street or on a dedicated street (a street offered for public use), provided, however, that private streets may be approved by the Commission if the following conditions are all conformed with: (a) They meet all design and improvement standards except for resort areas; (b) They do not interrupt the public street circulation pattern, existing, developing, or planned; and (c) The Commission is given assurance of their continued maintenance. (2) Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots shall be avoided. (3) Double frontage lots shall not be platted, except as provided in Subsection B(2). n that event, a planting strip for a screen, at least 20 feet in width, shall be provided along the back of the lot along a major traffic street. Where the lots back on a railroad, the Commission may also require a twenty-foot planting screen. (4) Lot width and area for residential lots. Within the area of jurisdiction of these regulations, the widths and areas of lots shall be not less than provided in the zoning ordinance or regulations of Dallas Township4 for the district in which the subdivision is located, provided that, pending the adoption of such zoning ordinance or regulations, the following minimum lot widths and areas shall apply: (a) n no case shall the width of the lot at the building setback line be less than 75 feet nor the area of the lot be less than 0,000 square feet. (b) Regardless of any other provision of these regulations, the following lot width and area requirements shall apply in the following circumstances: [l] n subdivisions provided with a public water supply system, but not a sanitary sewer system: width at building setback line: 90 feet; area: 0,000 square feet. [2] n subdivisions provided with neither a sanitary sewer system nor a public water supply system: width at building setback line: 00 feet; area: 20,000 square feet. (5) The depth-to-width ratio of the usable area of a lot shall ordinarily be at a maximum of 3.0 to.0. Editor s Note: See Chapter 95, Zoning. 770

12 SUBDVSON AND LAND DEVELOPMENT Comer residential lots shall be wider than interior lots to permit equal setbacks from both streets to a distance as required by Subsection E, except where lots are back to back. Wherever possible, unit shopping centers, based upon sound development standards, shall be designed in contrast to the platting of lots for individual commercial use. Any lot not to be used for residential purposes shall have its proposed use indicated. Areas subject to periodic flooding shall not be included as the required lot area of any lot. f remnants of land exist after subdividing, they shall be incorporated in existing or proposed lots, or reserved for public use if acceptable to the Commission and to the Supervisors of Dallas Township. D. Easements. Where alleys are not provided, easements for underground or overhead utilities shall be provided. For such easements, the maximum width the Commission shall require is 2 feet, generally six feet on both sides of a property line. Before determining the location of easements, the plan shall be discussed with the local public utilities to assure the proper location of easements for the installation of such service. E. Building setback lines. Any buildings shall be set back a minimum of' 25 feet from the street right-of-way line, unless greater depths are required by zoning ordinance or regulation. F. Building line. Any buildings shall be located a minimum of 0 feet from any side line (or rear line), unless a greater minimum distance is required by a zoning ordinance or regulation mprovements. A. Required improvements. The final plat of the subdivision shall conform to the following standards of improvements: () Monuments. (a) Monuments shall be of concrete or stone with a minimum size of six inches by 36 inches, and shall be marked on top with a copper or brass dowel. (b) Monuments shall be placed so that the scored or marked point shall coincide exactly with the intersection of lines to be marked, and shall be set so that the top of the monument is level with the surface of the surrounding ground. (c) Monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision. (d) Any monuments that are removed shall be replaced by a competent engineer at the expense of the person removing them. (2) Streets. (a) Streets (and alleys where provided) shall be graded, surfaced, and improved to the grades and dimensions shown on plans, profiles, and cross-sections submitted 77

13 (3) Sewers. DALLAS CODE by the subdivider according to the specifications of the Supervisors of Dallas Township. Prior to placing the street surface, adequate subsurface drainage for the streets and all subsurface utilities as acceptable to the Commission shall be provided or installed by the subdivider. n all respects in which standards for required improvements are not set forth herein or specified by the Commission hereunder, the applicable standard requirements of the Pennsylvania State Department of Highways shall govern, and all work shall be performed in the manner prescribed in the standard specifications for road construction of said Department for type of construction under consideration. (a) The subdivider shall give consideration to providing the subdivision with a separate sanitary sewer system and treatment works, with approval of the State Health Department, and acceptable to the Supervisors of Dallas Township. (b) Private sewage disposal systems on individual lots consisting of septic tanks and tile absorption fields or other approved sewage disposal systems, when laid out in accordance with minimum standards approved by the Pennsylvania State Department of Health as specified in the booklet entitled Household Sewage Disposal for Rural and Suburban Areas as amended, will be permitted. (c) Whenever a separate sewage disposal unit or individual lots is to be provided, the subdivider shall require, as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to in these paragraphs shall be installed by the owner of the lots in accordance with these regulations when a principal building is constructed. (4) Water. f water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Planning Commission that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable. [Amended ] The plans for the installation of the mains of a public water supply system shall be prepared by the subdivider with the cooperation of the applicable Water Utility Company. Upon completion of the water supply installation, one copy of the plans for such system as built shall be filed with the Commission and the Supervisors of Dallas Township. Where a well is the private water supply system for each lot, the lot shall be of a size and shape to allow safe location of a well thereon. 772

14 SUBDVSON AND LAND DEVELOPMENT (d) Where certification of individual on-site water supply systems is required by the State Health Department, a copy of this certification will be required by the Commission. (5) Storm drainage. An adequate storm sewer system consisting of inlets and other underground drainage structures with approved outlets shall be constructed where the runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. Outlets shall be approved by the owners of the properties affected and by the Commission. B. Recommended improvements. Although the following improvements are not required, they are recommended as being very important to the safety, convenience, and attractiveness of a development, and should be given earnest consideration by the subdivider: () Street signs. t is recommended that the subdivider provide the subdivision with adequate street signs at the intersections of all streets. (2) Streetlights and fire hydrants. (a) Streetlights. When streetlights are to be provided, the developer shall be responsible for making the necessary arrangements with the Supervisors of Dallas Township and the public service company involved. (b) Fire hydrants. Fire hydrants should be installed wherever there is an adequate water supply system. (3) Filing plans and profiles. Upon the completion of the improvements in a subdivision, if changes have been made from those submitted with the final plan, plans and profiles of the same as constructed shall be filed with the Commission. C. Completion of improvements or guarantee thereof; improvement bonds and remedies to effect completion. [Added ] () Completion of improvements or guarantee thereof prerequisite to final plat approval. (a) No plat shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be otherwise required by these regulations, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by these regulations have been installed in accordance with these regulations. n lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees otherwise required by these regulations, the developer may deposit with the township financial security in an amount sufficient to cover the costs of such improvements or common amenities including basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required. (b) When requested by the developer, in order to facilitate financing, the Planning Commission, shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a 773

15 DALLAS CODE satisfactory financial security. The final plat 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 Planning Commission; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer. (c) Without limitation as to other types of financial security which the Planning Commission 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. (d) 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, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth. (e) 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. (f) The amount of financial security to be posted for the completion of the required improvements shall be equal to 0% 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 costs 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 0%. Any additional security shall be posted by the developer in accordance with this subsection. (8) The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such costs. The Planning Commission, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. f the applicant or developer and the township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Planning Commission and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. n the event that a third engineer is so chosen, fees for 77 4

16 SUBDVSON AND LAND DEVELOPMENT the services of said engineer shall be paid equally by the Planning Commission and the applicant or developer. (h) f 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 0% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 0% 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. (i) n the case where development is projected over a period of years, the Planning Commission may authorize submission of final plats by sections or stages of development subject to such requirements or guarantees as to improvements in future section or stages of development as it finds essential for the protection of any finally approved section of the development. (i) As the work of installing the required improvements proceeds, the party posting the financial security may request the Planning Commission and the township to release or authorize the release, from time to time, of 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 Planning Commission, and the Planning Commission shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Planning Commission that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the township 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 or, if the township fails to act within said forty-five-day period, the township shall be deemed to have approved the release of funds as requested. The Planning Commission may, prior to find release at the time of completion and certification by its engineer, require retention of 0% of the estimated cost of the aforesaid improvements. (k) Where the township 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 plat for a term not to exceed 8 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 5% of the actual cost of installation of said improvements. () f 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 775

17 DALLAS CODE controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section. (m) f financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat 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 plat upon actual completion of the improvements depicted upon the approved final plat. 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 approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. (2) Release from improvement bond. 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, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board of Supervisors shall, within 0 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 township, 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. The Board of Supervisors shall notify the developer, within 5 days of receipt of the engineer s report, in writing, by certified or registered mail of the action of said Board of Supervisors with relation thereto. f 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 guarantee bond or other security agreement. f 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. E e B 776

18 SUBDVSON AND LAND DEVELOPMENT 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. Where herein reference is made to the Township Engineer, he shall be as a consultant thereto. The applicant or developer shall reimburse the township for the reasonable and necessary expense incurred for the inspection or improvements according to a schedule of fees adopted by resolution of the Planning Commission and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the township when fees are not reimbursed or otherwise imposed on applicants. n the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 0 working days of the date of billing, notify the township that such expenses are disputed as unreasonable or unnecessary, in which case the township shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant s request over disputed engineer expenses. f, within 20 days from the date of billing, the township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary. The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately. n the event that the township and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the township is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Township Engineer nor any professional engineer who has been retained by, or performed services from the township or the applicant within the preceding five years. The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the 77 7

19 DALLAS CODE original bill. f the amount of payment required in the decision is less than the original bill by $,000 or more, the township shall pay the fee of the professional engineer, but otherwise the township and the applicant shall each pay Y2 of the fee of the appointed professional engineer. (3) Remedies to effect completion of improvements. n the event that any improvements which may be required have not been installed as provided in these regulations 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 in order to secure funds to complete the improvements. f 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 Board of Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and 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 purpose Plan requirements. A. Preliminary plan. () [Amended ] The application shall be submitted in writing for approval of the preliminary plan and shall be accompanied by a check or money order, payable to the Secretary of the Dallas Township Planning Commission, in accordance with the schedule as set from time to time by resolution of the Board of Supervisors. n addition, the developer shall be responsible for all fees which may be charged or imposed by any other regulatory body or agencies and all fees or charges such as may be imposed through any court orders. (a) Review fees. [] Review fees shall include the reasonable and necessary charges by the township s professional consultants or engineer for review and report to the township, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the township when fees are not reimbursed or otherwise imposed on applicants. [2] n the event the applicant disputes the amount of any such review fees, the applicant shall, within 0 days of the billing date, notify the township that such fees are disputed, in which case the township shall not delay or disapprove a subdivision or land development application due to the applicant s request over disputed fees. 778