A.
No plan shall be finally approved unless the streets shown on such
plan have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be required by this chapter, and any
walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm sewers and other improvements
as required by this chapter have been installed in accordance with
this chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plan, the applicant shall
provide, for deposit with the Township, financial security in an amount
sufficient to cover the costs of such improvements or common amenities,
including, but not limited to, roads, stormwater detention and/or
retention 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 applicant, in order to facilitate financing,
the Township Board of Supervisors shall furnish the applicant with
a signed copy of a resolution indicating approval of the final plan
contingent upon the developer obtaining a satisfactory financial security.
The final plan 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 Township Board of Supervisors;
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 Township 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.
A.
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, the Township may adjust the
amount of financial security by comparing the actual cost of the improvements
which have been completed and the estimated cost for 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 110%.
B.
The amount of financial security shall be based upon an estimate
of the cost of completion (including quantities and unit cost) of
the required improvements, submitted by an applicant or developer
and prepared by a professional engineer licensed as such by the Commonwealth
of Pennsylvania. The engineer shall certify the amount of security
to be a fair and reasonable estimate of such cost. The Township Board
of Supervisors, upon the recommendation of the Township Engineer,
may refuse to accept such estimate for good cause shown. If 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 the commonwealth and chosen
mutually by the Township and the applicant or developer. The estimate
certified by the third engineer shall be presumed fair and reasonable,
and shall be the final estimate. In the event a third engineer is
so chosen, fees for the services of said engineer shall be paid equally
by the Township and the applicant or developer.
C.
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 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 procedure.
D.
In the case where development is projected over a period of years,
the Township Board of 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.
A.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Township Board
of Supervisors 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 Township Board of Supervisors,
and the Township Board of Supervisors shall have 45 days from receipt
of such request within which to allow the Township Engineer to certify,
in writing, to the Township Board of Supervisors that such portion
of the work upon the improvements has been completed in accordance
with the approved plan. Upon receipt of such certification, the Township
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 the improvements completed
or, if the Township Board of Supervisors fails to act within said
forty-five-day period, the Township Board of Supervisors shall be
deemed to have approved the release of funds as requested.
A.
Where the Township Board of Supervisors accepts dedication of all
or some of the requirements following completion, the Township 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 plan for a term not to exceed 18 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 15% of the actual cost of installation of
said improvements.
B.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plan 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 on the final plan upon actual completion
of the improvements depicted upon the approved final plan. Moreover,
if 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 plan, 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.
The Township Board of Supervisors shall authorize and direct
the Township Engineer to cooperate with the applicant in arranging
for the Engineer's periodic presence at the site of the work
and construction of the required facilities and improvements during
such phases thereof as in the judgment of the Engineer will enable
him to determine whether or not such construction is in general conformity
with the final plan and all Township requirements.
A.
No construction shall begin until after the preconstruction meeting
between the developer, the contractor, the Township Engineer/inspector,
and others as may be requested to attend. The preconstruction meeting
will be scheduled upon request of the developer, and will only be
held if all of the above-named participants are represented.
B.
Notice shall be given to the Township at least 48 hours in advance
of commencement of any construction operation to provide for required
inspection. If construction is intermittent, separate notice will
be required each time the contractor restarts work. If scheduled work
is not canceled 24 hours prior to the scheduled time or if the work
is otherwise not performed, the Engineer will be compensated for four
hours' time at the developer's expense.
C.
There will be full-time inspection for the installation of sanitary
sewer, water, storm sewer, and roadway paving. General site work will
be inspected on a part-time basis.
D.
No underground pipes, structures, subgrades, binders or base courses
shall be covered until inspected and approved by the duly authorized
official of the Township. Failure in compliance with this regulation
shall provide cause for uncovering of such work, at the developer's
expense, to permit the required inspection.
E.
In those cases where the Township Engineer deems necessary, the developer,
through his contractor, shall retain the services of a certified soils
engineer to perform moisture and density testing in order to determine
compaction or the extent thereof as related to the requirements of
such Township construction and materials specifications as have been
or may be adopted by the Township Board of Supervisors.[1]
F.
The wearing course on all streets proposed to be dedicated to the
Township shall not be placed until at least 75% of the lots within
the development or a phase of the development have been built upon,
or upon the expressed desire of the Township Board of Supervisors.
G.
Whenever any work or materials are found not to comply with the final
plan and/or applicable Township requirements, the Township Engineer
or any other duly authorized Township representative will immediately
notify the contractor. If the work in question is not corrected, a
written noncompliance report will be issued to the contractor and
the developer. A noncompliance report will serve as official notice
that the work in question will not be accepted by the Township. Upon
correction of the noncomplying work, a compliance report will be issued
to the contractor and the developer.
H.
When a contractor or developer wishes to make a change to the approved
drawings, a request shall be submitted in writing to the Township
Engineer. The Township Engineer will review the request and submit
their recommendation to the Township. The Township Supervisors will
act on the request and determine whether or not a plan revision is
necessary.
I.
Whether or not such construction or work shall have been accomplished
in accordance with Township requirements shall be determined by the
Township Engineer upon the basis of his on-site inspections during
such phases thereof as in his judgment will enable him to make such
determination. The Engineer shall submit a written report to the Township
Board of Supervisors in regard thereto.
A.
After final plan approval, upon the completion of all required improvements
and prior to final inspection of improvements, the applicant shall
submit a plan labeled "as-built plan" prepared by a professional engineer
or professional land surveyor. This plan shall indicate that the constructed
improvements are in conformance with the previously approved drawings
and specifications and shall also note any and all deviations from
the previously approved drawings and specifications. The plans, if
prepared electronically, shall be so developed to be transmittable
in an AUTOCAD format compatible with the Township GIS system. Also,
two Mylar copies of the as-built plan shall be filed with the Township.
B.
The as-built plan shall be drawn to the same scale as the final plan,
certified by the designer of the plan, and approved by the Township
Engineer. This plan shall indicate the actual location, dimensions,
and/or elevations of all completed improvements, including, but not
limited to:
(1)
Concrete monuments and other survey markers.
(2)
The edge of the cartway and top of the curb for both sides of each
street.
(3)
Sanitary sewer mains, manholes and laterals (manhole inlet, outlet
and top elevations).
(4)
Storm sewers, inlets and culverts.
(5)
Water mains, valves, fire hydrants and appurtenances.
(6)
Streetlights.
(7)
Landscaping and screen planting.
(8)
Permanent sedimentation, erosion control and stormwater management
structures.
(9)
All casements.
A.
When the developer has completed all of the required and necessary
improvements and submitted the required as-built plan, the developer
shall notify the Township 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.
B.
The Township Board of Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Township Engineer to inspect
all of the required improvements.
C.
The Township Engineer shall, thereupon, file a report, in writing,
with the Township Board of Supervisors, 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 authorization for inspection by the Township
Board of Supervisors.
D.
The 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
reason for nonapproval or rejection.
E.
The Township Board of Supervisors shall notify the developer, within
15 days of receipt of the Township Engineer's report, in writing
by certified mail or registered mail, of the action of the Board with
relation thereto.
F.
If the Township 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 of all liability, pursuant to its performance guaranty
bond or other security agreement.
G.
If any portion of the said improvement shall not be approved or shall
be rejected by the Township Board of Supervisors, the developer shall
proceed to complete the same, and upon completion, the same procedure
of notification as listed above shall be followed.
H.
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 Board of Supervisors
or the Township Engineer.
All improvements shall be deemed to be private improvements
and only for the benefit of the specific proposal until such time
as the same have been offered for dedication and formally accepted
by the Board of Supervisors. No responsibility of any kind with respect
to improvements shown on the final plan shall be transferred until
the improvements have been formally accepted. All requests for dedication
shall be made in accordance with Township rules and regulations, shall
include all information required by the Township for processing such
a request, and shall be accompanied by any required filing fee. If
a developer requests that the Township accept dedication of streets,
the developer shall prepare traffic studies meeting all PennDOT requirements
to support the establishment of stop intersection, speed limits, and
other traffic controls and shall reimburse the Township for all costs
associated with the enactment of ordinances and installation of signs
and traffic control devices.
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, the Township Board of Supervisors shall have
the power to 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, the
Township Board of Supervisors may, at its option, install part of
such improvements in all or part of the subdivision or land development
and 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 Township Board of Supervisors shall prescribe that the applicant
shall reimburse the Township for the reasonable and necessary expense
incurred in connection with the inspection of improvements. The applicant
shall not be required to reimburse the Board of 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 shall be based upon a schedule adopted by resolution
of the Township Board of Supervisors upon enactment of this chapter,
or as such schedule may be amended. A copy of this fee schedule shall
be available for review at the Township office. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the 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 Township for comparable services when fees are not reimbursed
or otherwise imposed on applicants.
If the applicant disputes the amount of any such expense in connection with the inspection of improvements, it shall be done in accordance with § 235-26 of this chapter.
