1.
Specifications. Monuments and markers must be constructed as follows:
|
Material
|
Minimum Size
| ||
|---|---|---|---|
|
Monument
|
Concrete or stone
|
6 inches x 6 inches x 30 inches
| |
|
Marker
|
Iron pipes or iron or steel bars
|
15 inches x 3/4 inch diameter
|
2.
Placement and Marking. Monuments and markers must be placed by a
registered engineer or surveyor so that the scored or marked point
coincides exactly with the point of intersection of the lines being
monumented. They must be set so that the top of the monument or marker
is level with the surface of the surrounding ground. Monuments must
be marked on top with a copper or brass dowel.
5.
Removal. Any monuments or markers that are removed must be replaced
by a registered engineer or surveyor at the expense of the person
removing them.
[Ord. 5/6/1974; as amended by Ord. 1998-4, 6/4/1998, § 5;
and by Ord. 2002-2, 2/7/2002, § 3]
1.
Streets must be surfaced to the grades and dimensions drawn on plans,
profiles and cross-sections submitted by the developer and approved
by the Township. Before paving the street surface, the developer must
install required utilities and provide, where necessary, adequate
subsurface drainage for the streets, as acceptable to the Township.
2.
The Township shall decide if a collector or arterial street is required
as a direct result of the construction of the development in which
case the developer is responsible for paving the additional width
required.
3.
Driveway entrances or aprons within the street right-of-way shall
be as required in the Construction and Materials Specifications for
Subdivision and Land Development Manual (Manual) adopted by the Board
of Supervisors by resolution, as amended from time to time by the
Board of Supervisors by resolution, which manual is hereby authorized.
To the extent that the standards in this Part are or become inconsistent
with the manual, the standards in the manual shall control. To the
extent that there is no inconsistency, both the standards in this
Part and in the manual shall apply. Where sidewalks are installed,
the required driveway surfacing shall end at the street side of the
sidewalk.
[Ord. 5/6/1974; as amended by Ord. 6/2/1988, § XIV;
by Ord. 7/5/1990, § III; by Ord. 1998-4, 6/4/1998, § 6;
by Ord. 2000-7, 10/5/2000, § 1; and by Ord. 2011-7, 11/3/2011,
§§ 8 and 9]
1.
Where Curbs Required.
A.
Curbs shall be installed along both sides of public streets of any
development or subdivision in the Residential (R) Zone which consists
of lots of less than one acre gross area.
B.
Curbs shall be placed along both sides of all public streets in a
subdivision or land development in the Commercial (C) or Industrial
(I) Zone.
C.
Curbs shall be required in any subdivision or land development, regardless
of the zoning district or lot size, if the land immediately adjacent
to the subdivision or land development has existing curbs to which
the curbs of the development or subdivision plan will connect.
D.
The Board of Supervisors shall have the right to require curbs in any zone or at any location, when, in their sole discretion, such curbs are justified for public health, safety or welfare, or are determined by the Township Engineer to be necessary for proper stormwater management, pursuant to the Hopewell Township Stormwater Management Ordinance [Chapter 23].
E.
The Board of Supervisors may waive the requirement for curbs for any subdivision or land development where, in their sole discretion, they find that the developer has shown that such curbs are unnecessary or contrary to the public health, safety or welfare, or the requirement would pose a unique hardship as set forth in § 22-802, Subsection 2, except that such waiver must be consistent with the Hopewell Township Stormwater Management Ordinance [Chapter 23].
2.
Any subdivision or land development plan submitted from and after
October 10, 2000, for which the Board of Supervisors does not require
the immediate construction of curbs shall have affixed to the plan
the following note:
|
"Upon notice by the Board of Supervisors of Hopewell Township
to the land owner of record of any lot in this subdivision or land
development that sidewalks and/or curbs must be installed, the owner
shall have six months from the date of such notice to install said
sidewalks and/or curbs at the owner's expense. The obligation to construct
sidewalks and/or curbs and the construction of such sidewalks and/or
curbs shall be governed by the Hopewell Township Subdivision and Land
Development Ordinance and the Hopewell Township Sidewalk and Curb
Ordinance."
|
3.
The design and construction standards for sidewalks shall be those
set forth in the Hopewell Township Construction and Materials Specifications
for Subdivision and Land Development Manual adopted by the Board of
Supervisors by resolution, as amended from time to time by the Board
of Supervisors by resolution, which manual is hereby authorized.
[Ord. 5/6/1974; as amended by Ord. 6/2/1988, § XIII;
by Ord. 1996-1, 1/2/1996, § XVII; by Ord. 1998-4, 6/4/1998,
§ 7; by Ord. 2000-7, 10/5/2000, § 2; by Ord. 2002-2,
2/7/2002, §§ 3, 18, 19 and 20; and by Ord. 2003-6,
8/7/2003, § 3]
1.
Where Sidewalks Required.
A.
Sidewalks shall be installed along both sides of all public streets
of any development or subdivision in the Residential (R) Zone which
consist of lots of less than one acre gross area.
B.
Sidewalks shall be placed along both sides of all public streets
in a subdivision or land development in the Commercial (C) or Industrial
(I) Zone.
C.
Sidewalks shall be required in any subdivision or land development,
regardless of the zoning district or lot size, if the land immediately
adjacent to the subdivision or land development has existing sidewalks
to which the sidewalks of the development or subdivision plan will
connect.
D.
The Board of Supervisors shall have the right to require sidewalks
in any zone or at any location, when, in their sole discretion, such
sidewalks are justified for public health, safety or welfare.
E.
The Board of Supervisors may waive the requirement for sidewalks for any subdivision or land development where, in their sole discretion, they find that the developer has shown that such sidewalks are unnecessary or contrary to the public health, safety or welfare, or the requirement would pose a unique hardship as set forth in § 22-802, Subsection 2.
2.
Any subdivision or land development plan submitted from and after
October 10, 2000, for which the Board of Supervisors does not require
the immediate construction of sidewalks and/or curbs shall have affixed
to the plan the following note:
|
"Upon notice by the Board of Supervisors of Hopewell Township
to the land owner of record of any lot in this subdivision or land
development that sidewalks and/or curbs must be installed, the owner
shall have six months from the date of such notice to install such
sidewalks and curbs at the owner's expense. The obligation to construct
sidewalks and/or curbs and the construction of such sidewalks and/or
curbs shall be governed by the Hopewell Township Subdivision and Land
Development Ordinance and the Hopewell Township Sidewalk and Curb
Ordinance."
|
3.
The sidewalk must commence no less than three feet nor more than
four feet from the edge of the curb farthest away from the cartway,
or, where there is no curb, from the edge of the cartway, but in no
event shall the sidewalk extend in width closer than two feet from
the right-of-way line.
4.
The area between the edge of the curb farthest from the cartway,
or, where no curb, the edge of the cartway, and the edge of the sidewalk
shall be planted in grass.
5.
Crosswalks must be provided when deemed necessary by either the Planning
Commission or the Board of Supervisors to provide circulation or access
to schools, playgrounds, shopping centers, transportation or other
facilities. They must be no less than five feet wide.
6.
The design and construction standards for sidewalks shall be those
set forth in the Hopewell Township Construction and Materials Specifications
for Subdivision and Land Development Manual adopted by the Board of
Supervisors by resolution, as amended from time to time by the Board
of Supervisors by resolution, which manual is hereby authorized.
[Ord. 5/6/1974; as amended by Ord. 9/3/1981, § IX]
Must be placed at all intersections. Such signs must be provided
by the subdivider and land developer with the design being approved
by the Township.
[Ord. 5/6/1974; as amended by Ord. 6/2/1988, § X;
by Ord. 6/3/1993, § 3; by Ord. 1998-4, 6/4/1998, § 8;
and by Ord. 2002-2, 2/7/2002, § 3]
1.
For the safety, convenience and attractiveness of the subdivision,
street trees shall be required. They shall be:
A.
Of a minimum caliper of two inches and of a minimum height of 10
feet.
B.
Uniformly spaced not less than 50 feet nor more than 70 feet apart.
C.
Any street trees which die within 18 months of planting shall be
replaced by the subdivider or developer at his expense. Any street
trees which die after the eighteen-month period shall be replaced
within six months by the owner of the land on which such tree was
located.
D.
Construction and Materials Specifications. The standards set forth
in this section are in addition to those set forth in the Construction
and Materials Specifications for Subdivision and Land Development
Manual adopted by the Board of Supervisors by resolution, as amended
from time to time by the Board of Supervisors by resolution, which
manual is hereby authorized. To the extent that the standards in this
Part are or become inconsistent with the manual, the standards in
the manual shall control. To the extent that there is no inconsistency,
both the standards in this Part and in the manual shall apply.
[Ord. 5/6/1974; as amended by Ord. 6/2/1988, § VIII;
by Ord. 6/3/1993, § 4; and by Ord. 2002-9, 12/9/2002, § 14]
1.
For the safety, convenience and attractiveness of the development,
on-site or public street lights shall be installed unless conditions
require otherwise. Such determination shall be made by the Board of
Supervisors prior to approval of the plan, after recommendations by
the Codes Enforcement and/or Zoning Officer and the Planning Commission.
2.
If public street lights are required, they shall be spaced no more
than 300 feet apart or as recommended for residential subdivisions
by the lighting manufacturer of the lights to be used and shall be
designed so as not to create unreasonable glare.
3.
If private owner maintained street lights are to be installed, they
must utilize 75 watt high pressure sodium or mercury vapor post lights
and be equipped with electric eye, and the subdivider or land developer
must make adequate provision to insure the perpetual maintenance of
such private owner maintained street lights and to insure that the
75 watt high pressure sodium or mercury vapor post lights continue
to be used and that the electric eye is not modified or adjusted by
the owner so as to preclude the light from functioning as designed.
4.
All street lights shall be placed no further than 15 feet from the
street right-of-way line.
5.
Commercial or industrial access roads and parking lots will be required
to provide adequate lighting as deemed reasonably necessary by the
Board of Supervisors to provide for the public safety.
6.
The design and plan for street lighting shall be submitted by the
subdivider or land developer and must be approved by the Township
Board of Supervisors.
[Ord. 5/6/1974; as amended by Ord. 9/3/1981, §§ X
and XI; and by Ord. 2002-2, 2/7/2002, § 3]
1.
Where a public sanitary sewer system is accessible to the land development,
the developer shall provide the development with a complete sanitary
sewer system ready to be connected to the existing or proposed sanitary
sewer system.
A.
The plan for the installation of a sanitary sewer system must be
prepared for the development and approved by the Township Engineer
and the Pennsylvania Department of Environmental Protection. The Township
Engineer must inspect the sewer line before it is covered over. Upon
completion of the sanitary sewer installation, the plan for the system
as built must be filed with the Township.
B.
Any sewer pipe main must be at least eight inches in diameter and
any sewer lateral must be at least four inches. Storm sewers may not
be connected with sanitary sewers.
C.
Manholes shall be located generally at intervals of 250 feet and
in no case more than 400 feet. Manholes are also required at all points
of change of course or grade and at all points of intersection of
sewer lines.
D.
All sanitary sewer systems located in any of the areas identified
as being subject to the one-hundred-year flood in the Flood Insurance
Study prepared for Hopewell Township by the Federal Insurance Administration
in March, 1981, whether public or private, shall be flood-proofed
up to the one-hundred-year flood elevation.
2.
Where installation of a sanitary sewer system is not required, the
developer or owner of the lot shall provide for each lot, at the time
improvements are erected thereon, a private sewerage disposal system
consisting of a septic tank and tile absorption fields or other approved
sewerage system.
|
If on-site subsurface sewage disposal systems are feasible,
they must be laid out in accordance with minimum standards of the
Sewage Facilities Act (Act 537), 35 P.S. § 750.1 et seq.,
of the Pennsylvania Department of Environmental Protection. The Township
and/or the Pennsylvania Department of Environmental Protection must
inspect and approve each on-site sewage disposal system. No installation
of sewage disposal facilities requiring soil absorption system shall
occur where such system will not function due to high ground water,
flooding or unsuitable soil characteristics or where such systems
are proposed for location in any of the areas identified as being
subject to the one-hundred-year flood in the Flood Insurance Study
prepared for Hopewell Township by the Federal Insurance Administration
on March, 1981.
|
[Ord. 5/6/1974; as amended by Ord. 9/3/1981, § XII;
and by Ord. 2002-2, 2/7/2002, § 3]
1.
Where a public water supply system is within 1,000 feet of the land
development, the developer shall provide the development with a complete
water main supply system to be connected to an existing or proposed
public water supply system.
|
The plan for the installation of the mains of a water supply
system must be prepared for the development with cooperation of the
appropriate water utility company and approved by the Township Engineer.
Upon the completion of the water supply system, one copy of the plan
for the system as built must be filed with the Township.
|
2.
Where the connection to a public water supply system is not possible
or feasible, the developer shall provide for each lot or dwelling
unit, at the time improvements are erected or installed, an individual
water supply system. All such individual systems shall meet all applicable
regulations of the Pennsylvania Department of Environmental Protection.
3.
All water supply systems or portions thereof located in any of the
areas identified as being subject to the one-hundred-year flood in
the Flood Insurance Study, prepared for Hopewell Township by the Federal
Insurance Administration in March, 1981, whether public or private,
shall be flood-proofed up to the one-hundred-year flood elevation.
[Ord. 5/6/1974; as amended by Ord. 12/4/1980, § XVI;
by Ord. 6/2/1988, § III; by Ord. 1996-1, 1/2/1996, § XVIII;
by Ord. 1998-4, 6/4/1998, §§ 9 and 10; by Ord. 2002-2,
2/7/2002, § 3; by Ord. 2002-9, 12/9/2002, § 15;
and by Ord. 2011-7, 11/3/2011, § 7]
1.
The requirements for storm drainage for all subdivision or land development plans shall meet the requirements of the Hopewell Township Stormwater Management Ordinance [Chapter 23], and, if appropriate, the Township's Construction and Materials Specifications for Subdivision and Land Development. In the event that the provisions of the Township's Stormwater Management Ordinance [Chapter 23] and its manual conflict, the provisions of the Stormwater Management Ordinance [Chapter 23] shall take precedence.
1.
Fire hydrants shall be installed if their water supply source is
capable to serve them in accordance with the requirements of the local
fire authority.
2.
Fire hydrants, if provided, shall be located within 600 feet of any
dwelling unit or structure open to the public. Fire hydrants shall
be installed in accordance with all applicable regulations.
[Ord. 5/6/1974; as amended by Ord. 9/3/1981, § XIII;
and by Ord. 2002-2, 2/7/2002, §§ 2 and 3]
All gas lines, underground electric lines, underground telephone
lines and other utilities located in any of the areas identified as
being subject to the one-hundred-year flood in the Flood Insurance
Study prepared for Hopewell Township by the Federal Insurance Administration
on March, 1981, whether public or private, shall be flood-proofed
up to the one-hundred-year flood elevation.
[Ord. 5/6/1974; as amended by Ord. 6/2/1988, § I;
by Ord. 6/1/1989, § XIV; by Ord. 7/5/1990, § I;
by Ord. 1995-2, 1/3/1995, § 2; by Ord. 1996-1, 1/2/1996,
§ XIX; by Ord. 2002-2, 2/7/2002, §§ 3 and
21; by Ord. 2002-9, 12/9/2002, §§ 1, 16; by Ord. 2011-7,
11/3/2011, § 8; and by Ord. 2013-2, 2/7/2013, § 6]
1.
No plan shall be finally approved unless the streets shown on such
plan have been improved as may be required by this Chapter, and any
walkways, curbs, gutters, street lights, fire hydrants, street trees,
water mains, sanitary sewers, storm drains, stormwater management
facilities or other improvements as may be required by this Chapter
have been installed in accordance with this Chapter, except that the
surface course of streets shall not be completed until such time as
90% of the lots in the subdivision have been improved by the construction
of a dwelling if approved for residential development or by the construction
of the proposed commercial or industrial structures if the lots are
approved for such uses.
2.
For purposes of this provision, the subdivision shall include all
contiguous land owned by the same owner or owners on the date of the
submission of the first preliminary plan to permit subdivision or
development of such owner's land. In determining the number of lots
in the subdivision, all lots proposed by a preliminary plan which
has received either approval or contingent approval, shall be included.
However, irrespective of the above, the surface course of any road
or roads shall be completed when 90% of the lots as shown on the preliminary
plan to have access provided by such street or streets have been improved
by the construction of a dwelling, if approved for residential development,
or by the construction of the proposed commercial or industrial structures
if the lots are approved for commercial or industrial use and such
street or streets can be accessed from an existing public road and
have as their other terminus either an existing public road or an
approved cul-de-sac.
3.
The subdivider or developer shall estimate the cost of the surface
course separately from the estimated cost of completing the other
improvements and the estimated cost of the surface course shall be
based upon the subdivider or developer's projected time table for
completion of the development. The subdivider or developer shall deposit
with the Township a corporate bond, letter of credit or other security
acceptable to the Board of Supervisors in an amount equal to 110%
of the estimated cost of the Township completing the surface course
at a time 90 days following the date scheduled for completion of the
same by the subdivider or developer.
4.
In addition, at the discretion of the subdivider or developer, in
lieu of completion of the other improvements required as a condition
for final approval of a plan, such subdivider or developer may deposit
with the Township a corporate bond, letter of credit or other security
acceptable to the Board of Supervisors in an amount equal to 110%
of the estimated cost of the Township completing required improvements
at a time 90 days following the date scheduled for completion of the
respective improvements by the subdivider or developer.
5.
Annually the Township may adjust the amount of required financial
security by redetermining the estimated cost for completion of the
uncompleted 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 subdivider or developer to post additional security in
order to insure that the financial security equals but does not exceed
110% of the estimated cost of the Township completing the improvements
at a time 90 days following the date scheduled for completion or alternatively
reduce the required security so that it equals such amount. The cost
of the determination by the Township Engineer shall be paid by the
subdivider or developer. Any additional security shall be posted by
the subdivider or developer within 30 days after being notified of
the same.
[Amended by Ord. No. 3-2022, 4/7/2022]
6.
Alternatively, at the sole discretion of the Board of Supervisors,
if the subdivider or developer, or other 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 to an amount not to exceed 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.
[Amended by Ord. No. 3-2022, 4/7/2022]
7.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Township to release
or authorize the release from time to time, such portions of the financial
security necessary for the payment to the contractor or contractors
performing the work. Any such request shall be in writing addressed
to the governing body, and the governing body shall have 45 days from
the receipt of such request within which to allow the Township Engineer
to certify, in writing, to the Board of Supervisors that such portion
of the work has been completed in accordance with the approved plat.
Upon such certification, the Board of Supervisors shall authorize
release from the required financial security of an amount as estimated
by the Township Engineer as fairly representing the value of the work
completed.
[Amended by Ord. No. 3-2022, 4/7/2022]
8.
The value of the work completed shall be determined by subtracting
from the total amount of security deposited, an amount not to exceed
110% of the estimated cost of the Township completing the uncompleted
work.
[Amended by Ord. No. 3-2022, 4/7/2022]
9.
At such time as 90% of the lots in the subdivision have been improved
as set forth above, or if at the expiration of three years from the
date all of the improvements excepting the surface course has been
completed, less than 90% of the lots have been so improved, the Township
shall notify the subdivider or developer to complete the surface course
within 60 days from the date of such notice. In computing the sixty-day
requirement, the period from October 1 to April 1 shall not be counted.
10.
If at the time the surface course is completed, 90% of the lots are
not improved as set forth above, the subdivider or land developer
must:
A.
Post with the Township a cash bond in an amount equal to 15% of the
reasonable cost of the surface course as security to guarantee that
damages to the road or street would not occur during the completion
of the improvements on the unimproved lots in such subdivider's or
developer's subdivision. The Township shall hold such cash bond and
utilize it to pay for the repair of any damage occurring to the road
during the period between the commencement of improvements on any
particular unimproved lot and the completion of such improvements
irrespective of whether or not it can be established that the damage
to the road was caused by contractors or other persons working in
and about the construction of such improvements.
B.
Present to the Township agreements signed by the owners of all of
such unimproved lots pursuant to which they will agree to pay to the
Township the cost of repairing any damage occurring to roads in such
subdivision during the period between the commencement of work on
improvements to their lot and the completion of such improvements
irrespective of whether or not it can be established that such damage
was caused by contractors or other persons involved in the improvement
of their respective lot.
|
Irrespective of the provisions of this section, the subdivider
or developer must within the 60 days next following the sale of a
lot, or the issuance of a building or zoning permit to permit construction
on such lot, whichever first occurs:
|
(1)
Complete the pavement base (see § 22-602 of this Chapter) of the streets shown on the final plan as providing the lot access to a public street or road (if the plan provides more than one means of access to the lot in question, only one such means to access is required to be improved pursuant to this section).
11.
In a case where the subdivision or land development is projected
over a period of years, and the Board of Supervisors authorizes submission
of final plans by sections or stages of development, then approval
of those sections or stages shall be subject to such requirements
or guarantees as to improvements in future sections or stages as it
finds essential for the protection of any finally approved section
of the subdivision or land development.
12.
As the work of installing the required improvements proceeds, the
subdivider or developer posting the financial security may request
the 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 Board of Supervisors,
and the Board of Supervisors shall have 45 days from receipt of such
requests within which to allow the Township Engineer to certify, in
writing, to the Board of Supervisors that such portion of the work
upon the improvements has been completed in accordance with the approved
plan. Upon such certification, the Board of Supervisors shall authorize
release by the bonding company or lending institution of an amount
as estimated by the Township Engineer fairly representing the value
of the improvements completed. The Board of 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 remaining
improvements.
[Amended by Ord. No. 3-2022, 4/7/2022]
13.
Where the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, it shall require
the posting of financial security to secure the structural integrity
of the improvements as well as the functioning of the 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 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 the improvements.
14.
If water mains or sanitary sewer lines, or both, or related apparatus
or facilities, are to be installed under the jurisdiction and pursuant
to the rules and regulations of a public utility or a municipal authority
separate and distinct from the Township, financial security to assure
their proper completion and maintenance shall be posted in accordance
with the regulations of the controlling public utility or a municipal
authority, and shall not be included within the financial security
as otherwise required by this section.
15.
To the extent that any paragraph or part of this section requires
the estimation or fixing of costs of improvements, such estimates
shall be prepared by a professional engineer licensed in the Commonwealth
of Pennsylvania, and certified by such engineer to be a fair and reasonable
estimate of such costs, and shall be subject to review and approval
by the Township Engineer.
[Ord. 5/6/1974; as amended by Ord. 9/3/1981, § XIV;
by Ord. 6/1/1989, § II; by Ord. 2002-2, 2/7/2002, § 3;
and by Ord. 2002-9, 12/9/2002, § 17]
1.
When the subdivider or developer has completed all of the necessary
and appropriate improvements, the subdivider or developer shall notify
the Board of Supervisors, in writing, by certified or registered mail,
of the completion of the aforesaid improvements, enclosing therewith
certification by the engineer responsible for the design of the improvements
certifying that they have been installed as designed, and shall send
copies of the notice and certification to the Township Engineer. The
Board of Supervisors shall, within 10 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 Board of Supervisors and shall promptly mail
a copy of the same to the subdivider or 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.
2.
The Board of Supervisors shall notify the subdivider or developer,
within 15 days of receipt of the Township Engineer's report, in writing
by certified or registered mail, of their action with relation thereto.
If 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 subdivider or developer
shall be released from all liability, pursuant to its performance
guarantee bond.
3.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Supervisors, the subdivider or developer
shall proceed to complete the same and, upon completion, the same
procedure of notification, as outlined herein, shall be followed.
4.
Nothing herein, however, shall be construed in limitation of the
subdivider or developer's right to contest or question by legal proceedings
or otherwise any determination of the Board of Supervisors or the
Township Engineer.
5.
Where herein reference is made to the Township Engineer, he shall
be a duly registered professional engineer employed by the Township
or engaged as a consultant thereto.
6.
To cover inspection costs, the subdivider or developer must pay a
fee to be established by the Board of Supervisors. Any unused portion
of this fee will be refunded to the subdivider or developer upon completion
of the inspections. In the event that the subdivider or developer
disputes the amount of inspection costs, such dispute shall be resolved
pursuant to § 510(g) of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10510(g).
[Ord. 5/6/1974; as amended by Ord. 12/4/1980, § XVII;
and by Ord. 1996-1, 1/2/1996, § XX]
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 Board of Supervisors 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, the 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, after deducting
costs of collection, 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 offer to dedicate streets, parks, or other areas or portions
of them, does not impose any duty upon the Township concerning maintenance
or improvement until the proper authorities of the Township have made
actual appropriation by ordinance or resolution or by entry or improvement.
If land is dedicated for a public site and its use for this purpose
is not imminent, the developer may be permitted to dedicate the land
with the privilege of using the surface rights until the Township
is ready to use the land. Such dedication with the temporary privilege
of use must be noted on the final plan.
On sites reserved for eventual public acquisition, no building
development is permitted during the period of reservation, said period
of time not to extend more than 18 months without consent of the developer.
Such land reservations shall be noted on the final plan.
1.
Recording the final plan after approval of the Board of Supervisors
has the effect of an irrevocable offer to:
