A.
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, shade
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 or land development have been improved
by the construction of a residential dwelling, commercial structure
or industrial structure. For the purpose of this article, an improved
lot shall be considered completed when all building construction and
site improvements are finished to the point that in the opinion of
the Township, a certificate of occupancy could be issued. In lieu
of completion of the surface course of streets as well as in lieu
of completion of other improvements required as a condition for final
plan approval of a plan, at the discretion of the developer, such
developer may deposit with the Township a letter of credit or other
financial security authorized by the Municipalities Planning Code
and acceptable to the Board in an amount equal to 110% of the estimated
cost of the required improvements at a time 90 days following the
date scheduled for completion of the respective improvements by the
developer. The estimated cost of the surface course shall be computed
separately from the estimated cost of completing the other improvements
and shall be based upon the developer's projected timetable for completion
of the development.
B.
The amount of financial security required by the Township
shall be based upon an estimate of the cost of the improvements, submitted
by a developer and prepared by a professional engineer licensed as
such in this Commonwealth and certified by such engineer to be a fair
and reasonable estimate of such cost. The Township, upon the recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown. If the developer and the Township are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this Commonwealth
and chosen mutually by the 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 Township and the developer.
C.
Annually the Township and/or the Authority 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 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 insure
that the financial security equals 110% of the estimated cost of the
Township and/or the Authority 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. Any additional
security shall be posted by the developer within 30 days alter being
notified of the same. The amount of financial security required by
the Authority shall be computed in accordance with the Authority's
rules and regulations.
D.
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 Board, and the Board shall have 45
days from the receipt of such request to allow the Township Engineer
to certify, in writing, to the Board that such portion of the work
has been completed in accordance with the approved plan. Upon such
certification, the Board shall authorize release from the required
financial security of an amount as estimated by the Township Engineer
as representing the value of the work completed.
E.
The value of the work completed shall be determined
by subtracting 110% of the estimated cost of the completion of the
remaining uncompleted work from the total amount of security deposited.
F.
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 may notify the developer to complete the surface
course within 60 days from the date of such notice. In computing the
60 day requirement, the period from October 1 to April 1 shall not
be counted.
G.
If at the time the surface course is completed, 90%
of the lots are not improved as set forth above, the developer must:
(1)
Post with the Township financial security 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 will not occur during
the completion of the improvements on the unimproved lots in such
developers subdivision or land development. The Township shall bold
such financial security 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. The financial
security shall be in a form acceptable to the Township.
A.
When the developer has completed all of the improvements
as shown on the final plans, the developer shall notify the Board,
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 that they
have been installed as designed and shall send copies of the notice
and certification to the Township Engineer. The Board 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
and shall promptly mail a copy of the same to the developer by certified
or registered mail. The report shall be made and mailed within 30
days after receipt by the Township Engineer of the aforesaid authorization
from the Board, 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 the reasons for such nonapproval or rejection. Improvements
shall not be considered completed unless the developer can demonstrate
compliance with the requirements of this chapter, and all other applicable
ordinances, statutes and regulations. Improvements shall also not
be considered complete until as-built plans of all improvements to
be dedicated to the Township and of all streets, whether or not such
streets shall be dedicated, have been submitted to the Township.
B.
The Board shall notify the developer within 15 days
of receipt of the engineers report, in writing by certified or registered
mail, of its action with relation thereto. If the Board or. Township
Engineer fails to comply with the time limitation provisions contained
herein, or such time limitations as contained in the Municipalities
Planning Code, whichever requirements shall contain a longer time
period for action by the Township, all improvements will be deemed
to have been approved and the developer's posted financial security
shall be released.
C.
If any portion of the said improvements shall not
be approved or shall be rejected by the Board, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
D.
Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question by legal proceedings
or otherwise any determination of the Board or Township Engineer.
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 may enforce
any letter of credit or other financial security by appropriate legal
and equitable remedies. If proceeds of such financial security are
insufficient to pay the cost of installing or making repairs or corrections
to all the improvements covered by said security, the Board may, at
its option, install such improvements in all or part of the subdivision
or land development and may institute appropriate legal or equitable
action or recover the monies necessary to complete the remainder of
the improvements. All the proceeds, after deducting the costs of collection,
whether resulting from the financial 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 shall inspect the improvements during construction. The developer shall pay the cost of any such inspection in accordance with the provisions of Article V of the Municipalities Planning Code. The developer shall provide at least 24 hours notice prior to the start of construction of any improvements that are subject to inspection. All inspections of completed items shall be requested, in writing, at least 48 hours in advance of the inspection time and date. It is generally required that the following phases of site construction have mandatory inspection. This general list of phases may be amended by mutual agreement of the Township and developer when the site requires special construction procedures. The inspection schedule must be recorded with the final plan or shown on the approved improvement construction plan.
A.
General site construction.
(1)
Upon completion of preliminary site preparation including
stripping of vegetation, stockpiling of topsoil and construction of
temporary erosion and sedimentation control devices.
(2)
Upon completion of rough grading, but prior to placing
topsoil, permanent drainage or other site development improvements
and ground covers.
(3)
During the construction of permanent stormwater management
and BMP facilities. All storm sewers, culverts, etc. must be inspected
prior to backfilling.
(4)
During construction of sanitary sewers and appurtenances,
all sanitary sewers must be constructed and inspected in accordance
with Township specifications.
(5)
Upon the final completion of permanent stormwater
management and BMP facilities, including the establishment of ground
covers and plantings.
B.
Street construction.
(1)
Preparation of road subgrade. At the time of this
inspection, the subgrade should be proof rolled and the proposed crown
and grade should be checked. It is recommended that a developer's/contractor's
representative accompanies the observer when the crown and grade are
checked. Proof rolling should be performed with a fully loaded, tandem-axle
dump truck. This inspection must occur prior to any stone subbase
being placed.
(2)
Placement and compaction of road subbase. At the time
of this inspection, the depth of subbase should be checked after compaction,
the subbase should be proof rolled in the same manner as the subgrade
and the crown and grade should be checked again. This inspection must
occur prior to any binder or base course being placed.
(3)
Placement and compaction of the binder/ease course.
At the time of this inspection, the depth of the binder/base course
should be checked, ambient temperature should be monitored (this is
important in early spring and late fall days when the temperature
can go below acceptable limits, in accordance with PennDOT specifications,
Form 408, as amended), the temperature of the bituminous material
should be checked (if possible) and it is recommended that copies
of the weight slips for each truckload are obtained. The crown and
grade should also be checked again. This inspection must occur prior
to the wearing course being placed.
(4)
Placement and compaction of the wearing course. At
the time of this inspection, the guidelines for the placement and
compaction of the binder/base course should be followed.
C.
In addition to the above outlined inspections, additional
inspections will be made at the request of the developer for reduction
of financial securities. Random inspections should be made at the
frequency desired by the Township. At the time of any of the above
listed inspections, all ongoing construction (i.e. storm drainage,
sanitary sewer, water, erosion control, etc.) should also be checked
for compliance with the approved plans and the findings reported.
Since the above inspections are mandatory, it is recommended that
requests for reduction of financial guarantee be submitted to coincide
with the above, inspections.
A.
Offers of dedication shall in no way obligate the
Township or any of its agencies, for maintenance, improvement or in
any other manner, unless or until the offer is accepted by appropriate
governmental action.
B.
Where the Township accepts dedication of all or some of the required improvements following completion, the Township 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 of 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in § 185-23 of this chapter with regard to installation of such improvements and the amount of such financial security shall not exceed 15% of the actual cost of the installation of the said improvements.
C.
Where the Authority accepts dedication of some or
all of the required improvements, the Authority may require the posting
of financial security in accordance with its rules and regulations
and applicable law.
The developer shall maintain all streets in
the subdivision or development in travelable condition, including
the prompt removal of snow and ice therefrom, until such time as the
streets are accepted by the Township as part of the Township highway
system; or, if such streets are not to be dedicated, until a homeowners
association or other entity responsible for the maintenance of the
streets has been formed.
Recording of the final plan after approval of
the Board of Supervisors has the effect of an irrevocable offer to:
Prior to the release of the final escrow estimate,
the developer shall provide the Township with one mylar and two prints
of the as-built plan showing the following:
A.
Actual location of all concrete monuments which were
set at all angle breaks, points of curvature and tangents around the
perimeter of the total tract. When the outside perimeter of a tract
falls within or along an existing road right-of-way, then the right-of-way
of that roadway shall be monumented at the above referenced points.
B.
Actual location of all iron pins or drill holes in
curbs for all individual lot lines.
C.
Actual cul-de-sac radius.
D.
Actual location of cartway centerline versus right-of-way
centerline.
E.
Actual location of floodplain by elevation and dimension
from property line.
F.
Actual location and cross section of swales and accompanying
easements.
G.
Actual horizontal and vertical location of stormwater
management facilities including type and size of storm drainage pipes.
Final approval shall be subject to the signing
of a development agreement prepared by the Township Solicitor pertaining
to the laying out of roads, streets, lanes or alleys and the construction
of all improvements including necessary grading, paving, curbs, erosion
and sediment control; gutters, sidewalks, street lights, fire hydrants,
water mains, underground electric facilities, landscaping and traffic
control devices, in accordance with the approved final plans, where
such (or some of them) improvements are required as a condition of
the approval of the plan by the Board of Supervisors, within the time
or times specified in the approval. The agreement may include any
other specified conditions or requirements agreed to by the Supervisors
and developer and/or owner. The developer and/or owner shall reimburse
the Township for the legal fee and filing cost incurred for the preparation
and recording of this agreement (or memorandum thereof).
