No project shall be considered to be in compliance with this
chapter until the streets, storm drainage facilities, sewer facilities,
survey monuments, and other required facilities have been installed
in compliance with the provisions of this chapter.
A.
The applicant shall agree, in writing, to construct streets and other improvements from the lot or lots to be sold or built upon to an existing improved street, subject to the provisions of § 320-5B herein. The work shall be performed in strict accordance with approved plans and Schuylkill Township standards and specifications, and where applicable, the provisions of the Pennsylvania Department of Transportation Specifications 408, latest edition.
B.
No plan shall be finally approved until the applicant has completed
all of the necessary and appropriate improvements as required as a
condition for final approval of a plan; or until such time as the
applicant has provided for the deposit with the Township Supervisors
of escrow funds, or a security acceptable to the Township Supervisors
in an amount sufficient to cover 110% of the costs of any improvements
which may be required, estimated as of 90 days following the date
scheduled for completion by the applicant or developer. The escrow
funds or security shall be posted prior to the initiation of construction.
C.
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 the bonding company
or lending institution is authorized to conduct such business within
the commonwealth and shall conduct all legal activities regarding
the security according to the laws of 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 Township Supervisors may annually adjust the amount of 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 or rescheduled date planned for completion. Subsequent to
this adjustment, the Township Supervisors may require the applicant
to post additional security in order to assure that the financial
security equals the 110%. Any additional security shall be posted
by the applicant in accordance with this section.
F.
The amount of financial security shall be based upon an estimate
of the cost of completion of the required improvements, submitted
by the applicant and prepared by a professional engineer licensed
as such in this commonwealth and certified by such engineer to be
fair and reasonable. The Township Supervisors, upon the recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown. If the applicant and the Township Supervisors are unable
to agree upon an estimate, then the estimate shall be recalculated
by another professional engineer licensed as such in this commonwealth
and chosen mutually by the Township Supervisors and the applicant.
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 Township Supervisors and the applicant.
G.
If 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 10% for each one-year period beyond the
first anniversary date from posting of the 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 development is projected over a period of years,
the Township Supervisors may authorize the 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.
I.
As the required improvements are installed, the applicant posting
the financial security may request the Township 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, and the
Township Supervisors shall have 45 days from receipt of such request
to allow the Township Engineer to certify, in writing, to the Township
Supervisors that such portion of the work has been completed in accordance
with the approved plan. Upon such certification, the Township Supervisors
may authorize release by the bonding company or lending institution
of an amount as estimated by the Township Engineer fairly representing
the value of the completed improvements. The Township Supervisors
may, prior to final release at the time of completion and certification
by the Township Engineer, retain 10% of the estimated cost of the
aforesaid improvements. This sum shall be returned upon the completion
of all improvements.
J.
If sanitary sewer lines or water supply systems and facilities are
to be installed under the jurisdiction and pursuant to the rules and
regulations of the Valley Forge Sewer Authority, the Philadelphia
Suburban Water Company, or other applicable authority, financial security
to assure inspection, proper completion and maintenance thereof shall
be posted in accordance with the regulations of the applicable authority
and shall not be included within the financial security as otherwise
required by this section.
K.
In the event that the applicant fails to satisfactorily complete
any improvement in a timely manner, the Township Supervisors may utilize
all or a portion of the escrow funds or security to complete the improvement,
stabilize any area of land disturbance, and abate or correct any hazardous
condition that may arise from the development or construction.
Where the Township Supervisors accept dedication of all or some
of the required improvements following completion, the Township Supervisors
may require the posting of a performance guarantee to secure the structural
integrity and functioning of said improvements in accordance with
the design and specifications as depicted on the final plan, for a
term not to exceed 18 months from the date of acceptance of dedication.
Such performance guarantee shall be of the same type as otherwise
required in this section with regard to installation of such improvements,
and the amount of the performance guarantee shall not exceed 15% of
the actual cost of installation of said improvements.
A.
When the applicant has completed all of the necessary and appropriate
improvements, the applicant 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 Municipal
Engineer. The Township Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Municipal Engineer to inspect
all of the aforesaid improvements. The Municipal Engineer shall, thereupon,
file a report, in writing, with the Township Supervisors, and shall
promptly mail a copy of the same to the applicant by certified or
registered mail. The report shall be made and mailed within 30 days
after receipt by the Municipal 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 Municipal Engineer, said
report shall contain a statement of reasons for such nonapproval or
rejection.
B.
The Township Supervisors shall notify the applicant, within 15 days
of receipt of the Engineer's report, in writing, by certified or registered
mail, of the action of said Township Supervisors with relation thereto.
C.
If the Township Supervisors or the Municipal Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the applicant shall be released
from all liability, pursuant to its performance guaranty 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 applicant 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 applicant's
right to contest or question by legal proceedings or otherwise, any
determination of the Township Supervisors or the Municipal Engineer.
F.
Where
herein reference is made to the Municipal Engineer, he shall be a
duly registered professional engineer employed by the Township Supervisors
or engaged as a consultant thereto.
G.
The Township
Supervisors require that the applicant shall reimburse Schuylkill
Township for the reasonable and necessary expense incurred in connection
with the inspection of improvements. The applicant shall not be required
to reimburse the Township Supervisors for any inspection which is
duplicative of inspections conducted by other governmental agencies
or public utilities. The burden of proving that any inspection is
duplicative shall be upon the objecting applicant. Such reimbursement
is 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 Schuylkill Township's professional 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 professional
consultant to the Schuylkill Township for comparable services when
fees are not reimbursed or otherwise imposed on applicants.
(1)
Schuylkill
Township shall submit to the applicant an itemized bill showing the
work performed in connection with the inspection of improvements performed,
identifying the person performing the services and the time and date
spent for each task. In the event the applicant disputes the amount
of any such expense in connection with the inspection of improvements,
the applicant shall, no later than 30 days after the date of transmittal
of a bill for inspection services, notify the Township Supervisors
and the Schuylkill Township's professional consultant that such inspection
expenses are disputed as unreasonable or unnecessary and shall explain
the basis of their objections to the fees charged, in which case Schuylkill
Township shall not delay or disapprove a request for release of financial
security, a subdivision or land development application or any approval
or permit related to development due to the applicant's dispute of
inspection expenses. Failure of the applicant to dispute a bill within
30 days shall be a waiver of the applicant's right to arbitration
of that bill under this section.
(2)
Subsequent
to the final release of financial security for completion of improvements
for a subdivision or land development, or any phase thereof, the professional
consultant shall submit to the Township Supervisors a bill for inspection
services, specifically designated as a final bill. The final bill
shall include inspection fees incurred through the release of financial
security.
(3)
If
the professional consultant and the applicant cannot agree on the
amount of expenses which are reasonable and necessary, then the applicant
shall have the right, within 45 days of the transmittal of the final
bill or supplement to the final bill to the applicant, to request
the appointment of another professional consultant to serve as an
arbitrator. The applicant and professional consultant whose fees are
being challenged shall, by mutual agreement, appoint another professional
consultant to review any bills the applicant has disputed and which
remain unresolved and make a determination as to the amount thereof
which is reasonable and necessary. The arbitrator shall be of the
same profession as the professional consultant whose fees are being
challenged.
(4)
The
arbitrator so appointed shall hear such evidence and review such documentation
as the arbitrator, in his or her sole opinion, deems necessary and
shall render a decision no later than 50 days after the date of appointment.
Based on the decision of the arbitrator, the applicant or the professional
consultant whose fees were challenged shall be required to pay any
amounts necessary to implement the decision within 60 days. In the
event the Schuylkill Township has paid the professional consultant
an amount in excess of the amount determined to be reasonable and
necessary, the professional consultant shall within 60 days reimburse
the excess payment.
(5)
In
the event that the Schuylkill Township's professional consultant and
applicant cannot agree upon the arbitrator to be appointed within
20 days of the request for appointment of an arbitrator, then, upon
application of either party, the President Judge of the Court of Common
Pleas of Chester County shall appoint such arbitrator, who, in that
case, shall be neither the Schuylkill Township's professional consultant
nor any professional consultant who has been retained by, or performed
services for, the Schuylkill Township or the applicant within the
preceding five years.
(6)
The
fee of the arbitrator shall be paid by the applicant if the review
fee charged is sustained by the arbitrator; otherwise, it shall be
divided equally between the parties. If the disputed fees are found
to be excessive by more than $5,000, the arbitrator shall have the
discretion to assess the arbitration fee in whole or in part against
either the applicant or the professional consultant. Schuylkill Township
and the consultant whose fees are the subject of the dispute shall
be parties to the proceeding.
Upon the expiration of the eighteen-month period specified in § 320-58, the applicant may request the Township Supervisors to release the performance guarantee posted in accordance with § 320-58. The release of such performance guarantee shall follow the provisions of § 320-59, provided that references to "improvement guarantee" shall be interpreted as "performance guarantee."
A.
Installation. All water, gas, electric, and other pipes and conduits,
and all service connections or laterals shall be laid to the full
width of the ultimate right-of-way, where the need can be reasonably
anticipated, before streets are paved. The arrangements for said service
connections or laterals shall be the responsibility of the applicant.
All such installation shall be subject to all applicable ordinances,
regulations or policies of the applicable authority or utility.
B.
Public water supply. When water is to be provided by means other
than by private wells owned and operated by the individual owners
of lots within the subdivision or development, the applicant shall
present evidence to the Township Supervisors that the subdivision
or development 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 a commitment
or agreement to serve the area in question, whichever is appropriate,
shall be acceptable evidence.
A.
Notice. The Township and/or the appropriate authority may inspect
all plans for correctness and inspect all improvements that may be
accepted under its jurisdiction for conformance with plans and compatibility
with good construction practice. The applicant shall notify the Township
Engineer and the authority 48 hours in advance of the commencement
of any construction operation, in order that provision may be made
for inspection by the Township or Authority.
[Amended 6-7-2017 by Ord.
No. 2017-05]
B.
Samples of materials. Samples of the materials shall be furnished
to the Township Engineer in the same manner as is required of contractors
under the Pennsylvania Department of Transportation specifications.
C.
Sanitary sewers. When public sanitary sewer construction is a part
of the project, certification of applicable materials and inspection
of the sewers shall be carried out by the Valley Forge Sewer Authority
Engineer, which shall have the responsibility and authority granted
to the Township Engineer under this chapter for purposes of complying
with this subsection.
The applicant shall permit the Township Engineer to inspect
any improvement that may be accepted by the Township Supervisors or
applicable authority. Such inspections shall be conducted at a reasonable
time and place as determined by the Township Engineer as being necessary
to properly evaluate the improvement. Such inspections may be conducted
at (but shall not necessarily be limited to) the following stages
of construction:
All improvements shall be deemed to be private improvements
and only for the benefit of the specific project until such time as
they have been offered for dedication and formally accepted by the
Township Supervisors or authority. No responsibility of any kind for
any improvements shall fall onto the Township or authority until the
improvements have been formally accepted. No improvement shall be
accepted for dedication except upon the submission of as-built drawings
by the applicant and upon inspection.
A.
Conditions. The Township shall have no obligation to take over and
make public any street or other improvement unless:
(1)
The required improvement, utility mains and laterals, and monuments,
shown on an approved plan or plans have been constructed to the requirements
of the Township.
(2)
It is established to the satisfaction of the Township Supervisors
that there is a need for the improvements to be taken over and made
public.
B.
Acceptance. The Township shall have no responsibility with respect
to any street or other improvement, notwithstanding the use of the
same by the public unless the street or other improvement is accepted
by ordinance or resolution of the Township Supervisors.
