The applicant shall construct all roads, streets, lanes or alleys, together with all other improvements, including but not limited to grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas and erosion and sediment control measures, in conformance with the final plan, as approved, the applicable provisions of the Pennsylvania Department of Transportation Specifications, Form 408, dated 1976, or the latest revision thereto, and all other applicable laws, statutes, ordinances, codes and regulations.
The construction or installation of all improvements shall at all times be subject to inspections by representatives of the Township. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner or that erosion or sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction, said representative is empowered to require corrections to be made and/or the suspension of subdivision or land development approval and to issue a cease and desist order, which may include any or all of the following sanctions:
Said cease and desist order shall be terminated upon the determination by Township representatives that said defects or deviations from the plan or other requirements have been corrected.
No underground pipes, structures, subgrades or base course shall be covered until inspected and approved by the Township. A minimum of seven inspections by the designated representative shall be required. These inspections shall be effected in accordance with Subsection A above, and shall occur at the following intervals:
Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage or other site improvements or establishing covers.
Upon excavation and completion of subgrade.
Upon excavation, installation and completion of drainage structures, community sewage systems or water supply systems.
Before placing first base course and between such base course.
Before binder course.
Before wearing course.
The developer shall notify the designated representative of the Township at least 24 hours in advance of completion of any construction operations requiring an inspection.
The inspections provided for herein and any and all other inspections conducted pursuant to this Part 1 by the Township are for the benefit of the Township only, to ensure, for the benefit of the Township only, that the work is being performed in accordance with approved plans and specifications and in a workmanlike manner and otherwise for the protection of the Township only for such purposes as the Township deems appropriate, including assuring to the Township that such improvements for the maintenance of which the Township is or may become responsible are being constructed in a fashion so as to minimize the burden of maintenance on the Township. These inspections are not for the benefit of the developer or any other person, partnership, corporation or other entity whatsoever, and neither the developer nor any other person, partnership, corporation or other entity may rely upon these inspections for their own benefit.
If all public improvements are not fully constructed prior to a request for the issuance of any building permit, then no building permit shall be issued except upon the submission of a performance guaranty for the construction of such improvements, which shall be provided in accordance with § 123-18A(4) of this Part 1. In the event that such performance guaranty is provided, then release therefrom shall be in accordance with the following procedure:
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board shall, within 10 days after receipt of such notice, direct and authorize such Township Engineer to inspect all of the aforementioned 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 mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board; and said report shall contain a statement of reasons for such nonapproval or rejection. Approval of improvements shall not be given until all construction debris has been disposed of through appropriate measures; no such debris shall be buried, burned or otherwise disposed of on the site except in compliance with properly issued regulatory permits.
[Amended 10-27-1992 by Ord. No. 2-1992]
The Board shall notify the developer, within 15 days of receipt of the Township Engineer's report, in writing, by certified or registered mail, of the action of the Board with relation to approval, nonapproval or rejection of improvements.
[Amended 10-27-1992 by Ord. No. 2-1992]
If any portion of 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.
The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication to and accepted by the Township, and 10% of the performance guaranty shall be held back until a maintenance guaranty as provided for in § 123-53 has been posted and as-built plans are verified and the plans and improvements are accepted by the Township.
Within 30 days after completion and Township approval of subdivision and land development improvements as shown on final plans, and before acceptance of such improvements, the applicant shall submit to the Board a corrected copy of said plans showing actual dimensions, location and conditions of streets and all other improvements, certified by a professional engineer to be in accordance with the actual construction thereof.
Upon completion of any public improvements shown on an approved subdivision or land development plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit written offer of such public improvements for dedication to the Township. Said offer shall include a deed of dedication covering said public improvements, together with satisfactory proof establishing a developer's clear title to said property. Such documents are to be filed with the Township Secretary for review by the Township Solicitor. Deeds of dedication for public improvements may be accepted by resolution of the Board at a regular meeting thereof. The Supervisors may require that at least 50% of the lots in any approved subdivision or development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the above-mentioned roads or streets, even though constructed according to these specifications, deteriorate before said 50% of the lots have certificates of occupancy issued, such roads or streets shall be repaired in a manner acceptable to the Board before being accepted by the Township.
The Board may require that stormwater retention basins or other subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a homeowners' association or similar entity or an organization capable of carrying out maintenance responsibilities.
Where the Board of Supervisors accepts dedication of all or some of required improvements following completion (whether such dedication is of the fee or of an easement), the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guaranty, as described in § 123-18A(4) hereof, shall be for a term of 18 months from the date of the acceptance of dedication and shall be in an amount equal to 15% of the actual costs of installation of the improvements so dedicated.
The Board of Supervisors may increase the percentage required in a maintenance bond if more than 50% of the lots in the subdivision or land development do not have certificates of occupancy issued for buildings thereon prior to acceptance of dedication.
Where maintenance of stormwater retention facilities or private streets is to be the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities, the Board shall require that maintenance responsibilities shall be set forth in perpetual covenants or deed restrictions binding on the landowners' successors in interest, and may further require that an initial maintenance fund be established in a reasonable amount.