[Ord. 01-11, 6/21/2001, § 801]
1.
All rights-of-way of existing or new streets within the boundaries
of a subdivision or land development shall be conveyed to the Township
free and clear of all liens and encumbrances which may affect its
use as a public road. Copies of these descriptions and an attorney's
opinion of title are required prior to recording of the subdivision
plan.
2.
Physical improvements to the proposed subdivision or land development
tract shall be provided, constructed and installed as shown on the
final plan and in accordance with the requirements of this Chapter.
3.
As a condition for the approval of the final plan, the developer
shall execute agreements with the Board of Supervisors as to the installation
of all improvements shown on the plan and required by this Chapter.
Before the final plan may be endorsed by the Board of Supervisors,
any required agreements shall be executed by the developer and the
Board of Supervisors.
[Amended by Ord. No. 2021-14, 12/2/2021]
4.
All improvements installed by the developer shall be constructed
in accordance with the "Upper Macungie Township Infrastructure Construction
Specifications," as may be referenced in Part 11 of this Chapter or
as may be otherwise approved by the Board of Supervisors, subject
to the recommendations of the Township Engineer.
5.
The supervision of the installation of the improvements as required
by this Chapter shall be the responsibility of the Township, except
that the installation of those improvements which are to be dedicated
to governmental entities other than the Township shall be supervised
by engineers representing those entities.
[Amended by Ord. No. 2021-14, 12/2/2021]
6.
No streets shall be accepted by the Township until 90% of the buildings
and structures abutting such street have been completed, the pavement
wearing course has been placed and pavement markings and required
signage provided.
[Amended by Ord. No. 2021-14, 12/2/2021]
[Ord. 01-11, 6/21/2001, § 802; as amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
The following improvements shall be provided, constructed and
installed by the developer as shown on the final plan and in accordance
with the "Upper Macungie Township Infrastructure Construction Specifications,"
hereinafter to be known as the "Township Standards," adopted and amended
from time to time by resolution of the Board of Supervisors, which
are incorporated herein by reference.
A.
Streets, curbs and sidewalks shall be constructed in accord with
the Township Standards.
B.
Sanitary sewers and all related appurtenances shall be constructed
in accord with the specifications as may be adopted from time to time
by the Upper Macungie Township or successors, which are made part
of the Township Standards by reference.
C.
Water supply and distribution related improvements, including fire
hydrants, shall be constructed in accord with the specifications as
may be adopted from time to time by the Lehigh County Authority or
successors, which are made part of the Township Standards by reference.
D.
Stormwater management plan related improvements shall be constructed
in accord with the Township Standards.
E.
Monuments and markers shall be placed in accord with the Township
Standards.
F.
Streetlights shall be installed in accord with the Township Standards.
G.
Street signs shall be installed in accord with the Township Standards.
H.
Tree planting and landscaping shall be accomplished in accord with
the Township Standards.
I.
Open space and recreation areas.
[Ord. 01-11, 6/21/2001, § 802; as amended by Ord. No. 2021-14, 12/2/2021]
Before the Board of Supervisors shall endorse its approval on
the final plan of any subdivision or land development involving improvements
as may be required by this Chapter, the developer shall enter into
a written agreement with the Board of Supervisors in the manner and
form set by the Township Solicitor, where the developer agrees as
follows:
A.
To construct or cause to be constructed, at his or her own expense,
all streets, curbs, sidewalks, bike paths, sanitary sewers, water
supply and distribution systems, fire hydrants, stormwater management
facilities, monuments and markers, streetlights, street signs, tree
planting and landscaping, recreation and open space facilities and
other improvements shown on the final plan as otherwise approved and
in accordance with the requirements of this Chapter.
B.
To maintain, at his or her own cost, the said streets, curbs, sidewalks,
bike paths, sanitary sewers, water supply and distribution systems,
fire hydrants, stormwater management facilities, monuments and markers,
street signs, tree planting and landscaping, recreation and open space
facilities and any other improvements shown on the final plan until
the same are accepted by resolution of the Township Board of Supervisors
and/or public authorities and for a period of 18 months thereafter
and to repair the same as directed by the Board of Supervisors and/or
public authority for reason of lack of structural integrity or failure
to properly function. The eighteen-month maintenance period shall
begin on the date of the Township Engineer's report certifying the
proper construction of the last required improvement.
C.
To pay all costs, charges or rates of the utility furnishing electric
service for the streetlights installed as required by this Chapter,
until such time as the streets are accepted by the Township.
D.
To pay the Township's inspection, other engineering and legal fees
as related to the preparation and enforcement of said agreement.
E.
To obtain any easements or releases from all damages which may be
necessary for the construction of any improvement which traverses
lands of persons other than the developer. Said releases shall insure
to the benefit of the Township and/or public authority as well as
to the developer.
[Ord. 01-11, 6/21/2001, § 803]
1.
Before the Board of Supervisors approves any final plan and as a
prerequisite for approval, the developer shall deliver to the Board
of Supervisors, public utility and/or municipal authority a performance
guarantee in an amount equal to 110% of the cost of all improvements
required by this Chapter, as determined in accordance with the procedures
set forth in the Pennsylvania Municipalities Planning Code (53 P.S.
§ 10509 et seq.), as amended, and as is in effect at the
time of the filing, in the form of a federal or commonwealth chartered
lending institution irrevocable letter of credit or restrictive or
escrow account in such lending institution, guaranteeing the construction
and installation of all such improvements on or before the date fixed
in the formal action of approval or accompanying agreement for completion
of the improvements. The terms of the agreement may be extended, as
provided for in the Pennsylvania Municipalities Planning Code, as
amended. 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 as provided for in the Pennsylvania Municipalities
Planning Code, as amended. In the event of default under a performance
guarantee, the proceeds of the performance guarantee received by the
Township, public utility or municipal authority shall be used to construct
and install the improvements.
2.
Before the Board of Supervisors approves any final plan, and as a
prerequisite for approval, the developer shall deliver to the Board
of Supervisors, public utility, and/or municipal authority a maintenance
guarantee in an amount of not less than 15% of the actual cost of
the installation of all improvements required by this Chapter, guaranteeing
acceptance of all such improvements by the Board of Supervisors, public
utility and/or municipal authority.
3.
Prior to the Board of Supervisors' approval of a final plan, covenants,
disclosure statements, right-of-way descriptions and attorneys' opinions
of title, and certificates of insurance must be submitted and approved
by the Township staff, Township Solicitor and Township Engineer.
[Ord. 01-11, 6/21/2001, § 804]
1.
The procedure for inspecting and approving the improvements and for
the release of the performance guarantee by the Board of Supervisors
shall be in accord with the Pennsylvania Municipalities Planning Code
(53 P.S. § 10510 et seq.), as amended.
[Amended by Ord. No. 2019-05, 8/1/2019]
2.
In the event that any improvements which may be required have not
been installed as provided in the Chapter or in accord with the approved
final plan, the Board of Supervisors is hereby granted 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 improvements, 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 monies 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.
[Ord. 01-11, 6/21/2001, § 805]
1.
Improvements to ensure safety and access to the development shall
be in the following sequence:
A.
No work shall begin or permits for individual structures shall be
issued until erosion and sedimentation controls in accordance with
the approved erosion control plan and narrative are in place.
B.
Safety fence shall be installed around all sediment basins and detention
basins designed to contain water at a depth of two feet or more as
part of the initial construction.
C.
Stop signs and street signs shall be placed where required on each
block prior to the occupancy of any structure on that street.
D.
Base/Binder shall be placed prior to the structures on any street
being occupied. Utility backfill shall be planned accordingly as per
the Township infrastructure construction standards.
[Amended by Ord. No. 2021-14, 12/2/2021]
E.
Wearing course shall be placed after 90% of the structures have been
occupied.
F.
Street trees shall be constructed when 90% of the homes on any street
have been occupied. The installation of street trees shall be done
from intersection to intersection.
[Amended by Ord. No. 2021-14, 12/2/2021]
[Ord. 01-11, 6/21/2001, § 806]
1.
Precautions shall be taken to ensure public safety, as follows:
A.
Building materials and construction equipment, trailers or trash
containers shall not be stored on an existing street where there are
any occupied structures.
B.
Work performed in the street shall be done in a manner to keep at
least 1/2 of the street open to traffic, utilizing proper signing,
on streets providing access to occupied structures.
C.
Once any paving materials are placed in a roadway, no obstruction
shall extend above the surface of the paving greater than four inches
in height. Temporary paving shall be placed two feet around these
obstructions to provide a grade transition to protect the structure
and vehicles.
D.
No open excavations shall be left open overnight.
E.
After paving material has been placed, no machines utilizing tracks
shall be driven upon that surface.
F.
The contractor shall observe all OSHA safety regulations.
G.
After paving material has been placed on the street, it shall be
kept free of obstructions, snow, mud and debris from curb to curb
of the roadway.
[Amended by Ord. No. 2021-14, 12/2/2021]
[1]
Editor's Note: This section title was amended 8/1/2019 by
Ord. No. 2019-05.
