All improvements proposed in the final plan
shall be completed by the developer in accordance with the requirements
of the Township and this article.
A.
The Board of Township Supervisors' staff will identify
the lead agency for each improvement proposed by the developer. In
most situations, the lead agency will be the ultimate owner of the
improvement. The developer shall contact the lead agency to discuss
the specifications for installation of the improvements. Where the
lead agency has not established any specifications, the Township Supervisors
will require compliance with the specifications outlined in this article,
and any other specifications which are applicable to the proposal.
B.
Following completion by the developer and acceptance
by the lead agency of all required subdivision improvements, the lead
agency shall sign the final plan drawings before the plan can be finally
approved by the Township Supervisors.
(1)
Improvement guarantee.
(a)
In lieu of the completion of any improvements
required as a condition for the final approval of a subdivision plan,
the developer shall provide for the deposit of a financial security
in an amount sufficient to cover the cost of any improvements or common
amenities. Such financial security shall be deposited with, and in
favor of, the Township of Lawrence (Clearfield County).
(b)
When requested by the developer, in order to
facilitate financing, the Township Supervisors shall furnish the developer
with a signed copy of a resolution indicating approval of the final
plan contingent on the developer obtaining a satisfactory financial
security. The final 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 Township; such extension shall
not be unreasonably withheld and shall be placed in writing at the
request of the developer.
(c)
The Township Supervisors shall determine what
types of financial security are acceptable for the purpose of guaranteeing
construction of improvements. Irrevocable letters of credit and restrictive
or escrow accounts from federal or commonwealth chartered lending
institutions shall be deemed acceptable financial security. Such financial
security shall be secured from 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.
(d)
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.
(e)
The amount of financial security to be posted
for the completion of the required improvements shall be equal to
110% of the cost of completion estimated as of 90 days following the
date scheduled for completion by the developer. Annually, Lawrence
Township may adjust the amount of the financial security by comparing
the actual cost of the improvements which have been completed and
the estimated cost 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, Lawrence Township may require the developer to
post additional security in order to assure that the financial security
equals said 110% of those improvements which will become Township-owned
upon completion of the subdivision. Any additional security shall
be posted by the developer in accordance with this section.
(f)
The amount of financial security required shall
be based on an estimate of the cost of completion of the required
improvements that will be Township-owned upon completion of the subdivision.
All lead agencies shall be responsible for negotiating financial security
required to be submitted by the developer and prepared by a professional
engineer licensed as such in the Commonwealth of Pennsylvania, and
certified by such engineer to be a fair and reasonable estimate of
such cost. Lawrence Township and the lead agency engineer may refuse
to accept such estimate for good cause shown. If the developer, the
Township and the lead agency are unable to agree upon an estimate,
then the estimate shall be recalculated and recertified by another
professional engineer licensed as such in the Commonwealth of Pennsylvania
and chosen mutually by the Township and the developer. The estimate
certified by the third engineer shall be presumed fair and reasonable
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the services of said engineer shall be paid
equally by the lead agency and the developer.
(g)
If the developer 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 10% for each one-year period
beyond the first anniversary date from posting of financial security,
or 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 bidding procedure.
(h)
In the case where subdivision activity is projected
over a period of years, the Township Supervisors may authorize submission
of final plans by section or stages of development subject to such
requirements or guarantees as to improvements in future sections or
stages of development as it finds essential for the protection of
any finally approved section of the development.
(2)
Partial release from improvement guarantee. As the
work of installing the required improvements proceeds, the developer
posting the financial security may request the Township Supervisors
to release or authorize the release 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 Board
of Township Supervisors, and the Township Supervisors shall have 45
days from receipt of such request within which to allow the lead agency
engineer to certify, in writing, that such portion of the work on
the improvements has been completed in accordance with the approved
plan and specifications. On such certification, the Township Supervisors
shall authorize release by the bonding company or lending institution
of an amount as estimated by the lead agency engineer fairly representing
the value of the improvements completed or, if the Board of Township
Supervisors fails to act within said forty-five-day period, the Township
Supervisors shall be deemed to have approved the release of funds
as requested. The Township may retain 10% of the estimated cost of
the improvements prior to final release.
(3)
Full release from improvement guarantee.
(a)
When the developer has completed all of the
necessary and appropriate improvements, the developer shall notify
the Township Supervisors, in writing, by certified or registered mail,
of the completion of the aforesaid improvements and shall send a copy
thereof to the lead agency engineer to inspect all of the aforesaid
improvements. The engineer shall, thereupon, file a report, in writing,
with the Township Supervisors and lead agency 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 lead agency engineer of the aforesaid authorization from the Township
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 lead agency engineer, said report shall
contain a statement of reasons for such nonapproval or rejection.
(b)
The Township Supervisors shall notify the developer,
within 15 days of receipt of the engineer's report, in writing by
certified or registered mail of the action of the Township Supervisors
with relation thereto.
(c)
If the Board of Township Supervisors or the
lead agency 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.
(d)
If any portion of the said improvements shall
not be approved or shall be rejected by the Township Supervisors,
the developer shall proceed to complete the same and, upon completion,
the same procedure of notification, as outlined herein, shall be followed.
(e)
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 Township Supervisors
or the lead agency engineer. Where herein reference is made to the
lead agency engineer, he may be as a consultant thereto.
(f)
The Township Supervisors and lead agency may
prescribe that the developer shall reimburse the lead agency for the
reasonable and necessary expense incurred for the inspection of improvements.
Such reimbursement shall be based upon a schedule established by ordinance
or resolution. Such expense shall be reasonable and in accordance
with the ordinary and customary fees charged by the lead agency 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 lead agency when fees are not reimbursed
or otherwise imposed on applicants.
[1]
In the event the developer disputes the amount
of any such expense in connection with the inspection of improvements,
the developer shall, within 10 working days of the date of billing,
notify the Township Supervisors and lead agency that such expenses
are disputed as unreasonable or unnecessary, in which case the Township
Supervisors shall not delay or disapprove a subdivision application
due to the developer's request over disputed engineer expenses.
[2]
If, within 20 days from the date of billing,
the Township Supervisors and the developer cannot agree on the amount
of expenses which are reasonable and necessary, then the developer
and Township Supervisors 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.
[3]
The professional engineer so appointed shall
hear such evidence and review such documentation as the professional
developer 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.
[4]
In the event that the Township Supervisors and
developer cannot agree on the professional engineer to be appointed
within 20 days of the billing date, then, on 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 lead agency, nor any professional engineer who has been retained
by, or performed services for, the Township, lead agency, or the developer
within the preceding five years.
[5]
The fee of the appointed professional engineer
for determining the reasonable and necessary expenses shall be paid
by the developer if the amount of payment required in the decision
is equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the lead agency shall pay the fee of the professional engineer,
but otherwise the lead agency and the developer shall each pay 1/2
of the fee of the appointed professional engineer.
(4)
Maintenance guarantee. On completion of some or all
of the required improvements, Lawrence Township may require the posting
of a financial security to secure the structural integrity and functioning
of said improvements in accordance with the design and specifications
as depicted with the final plan for a term not to exceed 18 months
from the date of acceptance of the dedication. This financial security
for maintenance shall be in the same form as otherwise required in
this section for the installation of required improvements. However,
in no event shall the financial security for maintenance exceed 15%
of the actual cost of the installation of said improvements.
(5)
Remedies to effect completion of improvements. In
the event that any improvements which may be required have not been
installed as provided in this chapter or in accordance with the approved
final plan, Township of Lawrence may enforce any corporate bond, or
other security by appropriate legal and equitable remedies. If 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, Lawrence Township 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 purpose.
The developer shall place permanent reference
monuments in all subdivisions as required herein. Any monuments or
markers that are removed during construction and/or grading of the
site shall be placed in original locations by a registered engineer
or surveyor at the expense of the person removing them.
A.
Monuments.
(1)
Monuments shall be made of precast concrete with a
minimum diameter of six inches and a minimum length of 36 inches,
and shall be set flush with the finished grade. A brass pin shall
be set in the top of each monument and scored or marked to indicate
the exact point of crossing of the intersecting lines.
B.
Markers.
(1)
Markers shall consist of magnetic metal pipes or bars
at least 36 inches long and not less than 1/2 inch in diameter, and
shall be set flush with the finished grade. They shall be scored to
indicate the exact point of crossing of intersecting lines.
(2)
Markers shall be set permanently at all lot corners.
All streets, except those approved as private
drives, shall be irrevocably dedicated, in writing, by the developer
to the Township of Lawrence immediately on completion and acceptance
of construction. Such streets shall be graded to the elevations and
dimensions shown on the plans, profiles, and cross sections submitted
by the developer for final plan review, and as approved by the Township
Supervisors.
A.
Local street construction. All Township streets shown
on the approved final plan shall be constructed in accordance with
the specifications for street construction of the state and Lawrence
Township.
(1)
Preparation of subgrade. The subgrade shall be formed
by shaping the graded roadway surface to the approved profile. The
surface shall be brought to a firm, thoroughly compacted condition
for the width of the base course by rolling with a power roller. Any
soft or unsuitable material shall be removed and replaced with suitable
material.
(2)
Installation of cartway. Installation of the cartway
by the developer shall comply with PennDOT 408 Construction Specifications
unless otherwise approved by the Board of Township Supervisors.
(a)
CP-2 surfacing.
[1]
Course aggregate. The first course shall conform
to Pennsylvania Department of Transportation standards for No. 4 aggregate
and shall be graded gravel, crushed gravel, crushed stone, or crushed
slag, meeting the approval of the Township. This shall be compacted
to a four-inch layer.
[2]
Top course. The top course shall consist of
granulated slag or graded gravel equivalent to Pennsylvania Department
of Transportation standards for No. 2-A aggregate, spread and compacted
into a four-inch layer. The depth after final compaction shall be
as indicated on the approved plans and the surface shall be brought
to a crown.
[3]
Surface course. This is a standard CP-2 surface
course with initial primer and a No. 2-B stone dragged and rolled
as applied; then three successive layers of No. 1-B stone, and tar
applied to build up the appropriate tar-and-chip surface.
(b)
Bituminous surfacing.
[1]
Base course. The base course shall consist of
a layer of hot-mixed, bituminous, concrete base course BCBC installed
according to PennDOT Specifications, 408. This shall be compacted
by an approved power roller to a three-inch layer.
[2]
Surface course. This surface course shall consist
of a layer of one of the following: 1D-2, FB-1, or FB-2 mixed and
installed according to PennDOT specifications, Form 408. This shall
be compacted to a one-inch layer. If the base course has deteriorated
prior to the installation of surfacing, it shall be brought to a suitable
condition prior to laying the surface course.
B.
Collector and major street construction. Specifications
for the construction of collector and major streets shall be established
by the Board of Township Supervisors after consultation with the Pennsylvania
Department of Transportation.
A.
Where a public sewage system is accessible to the
subdivision, the developer shall provide the subdivision with a complete
sanitary sewage collection system to be connected to the public system.
The developer shall receive and submit to the Lawrence Township Board
of Supervisors a letter from the Clearfield County Sewage Enforcement
Officer or Clearfield Area Municipal Authority (Sewage Authority)
which assures the sewage system has adequate capacity, and permits
the connections to the public system. The developer shall also secure
the sewage connection permit from the Pennsylvania Department of Environmental
Protection (DEP). All necessary mains and laterals for connections
from the lots to the public system as shown on the final plan shall
be installed by the developer, in accordance with requirements of
the Pennsylvania DEP and the Clearfield Municipal Authority.
B.
Where a public sewer system is not reasonably accessible
and proposed sewage treatment is on site through subsurface disposal,
the developer must submit copies of soil test results along with comments
from the county's Sewage Enforcement Officer (SEO) regarding the suitability
of the property for on-lot sanitary sewage disposal, planning module
and planning module approval letter from the Pennsylvania Department
of Environmental Protection (DEP) to the Township Supervisors that
the proposed development will be suitable for on-site, sewage disposal.
The approval letter must bear the signature of a representative of
the Department of Environmental Protection and/or Clearfield County
Sewage Enforcement Officer in accordance with the requirements of
the Pennsylvania Sewage Facilities Act,[1] as amended. The Township Supervisors may not approve the
final plan until evidence that proposed sanitary sewage disposal is
in compliance with the Pennsylvania Sewage Facilities Act is provided.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision, applicants shall present evidence to
the Township Supervisors, as the case may be, that the subdivision
is to be supplied by a certified public utility, a 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 a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable evidence.
Where deemed necessary by the Township Supervisors,
its Planning Commission, and the Clearfield County Conservation District,
the developer shall provide the subdivision with an adequate stormwater
drainage system. This system shall be consistent with the Pennsylvania
Stormwater Management Act[1] and any Township regulations. In the absence of such regulations,
a stormwater drainage system shall be reviewed by the Clearfield County
Conservation District, and shall meet the following objectives:
A.
Assure that the maximum rate of stormwater runoff
is no greater during and after development than prior to development;
and
B.
Manage the quantity, velocity, and direction of stormwater
runoff in a manner which adequately protects health and property.
[1]
Editor's Note: See 32 P.S. § 680.1
et seq.
Street name signs shall be installed in the
Township of Lawrence in all major subdivisions containing a new street
and shall be installed according to standards established by the Township.
Proposed street names shall be reviewed by the local post office and
the Township Planning Commission.
