[Ord. 278, 9/18/1991]
The following improvements shall be installed by the subdivider.
The final plan shall not be approved until final detailed design of
the improvements is approved and the improvements are installed or
acceptable financial guarantee for installation is provided to the
Board of Supervisors.
[Ord. 278, 9/18/1991]
Streets shall be brought to the grades and dimensions drawn on plans, profiles, and cross sections submitted by the subdivider and approved by the Township Engineer. The subdivider must install the required utilities and provide where necessary, adequate subsurface drainage for the streets. The streets shall be designed and constructed to the standards set forth in §§ 22-503 and 22-504 of this chapter.
[Ord. 278, 9/18/1991]
Curbs and sidewalks shall be provided in accordance with the standards set forth in § 22-505 of this chapter.
[Ord. 278, 9/18/1991]
1.
Public Sewer System. When the subdivision or land development is
to be provided with a complete sanitary sewer system connected to
a public sanitary sewer system, a statement of approval from the engineer
of the sewerage system to which it will be connected shall be submitted
to the Board of Supervisors. Where required, DEP planning module approval
shall also be obtained for final plan approval.
2.
On-Lot Sewage Disposal. In subdivisions where public sewers are not
available, on-lot sewage disposal systems shall be provided where
required. Allegheny County Health Department and Department of Environmental
Protection planning module approval shall be obtained for final plan
approval.
3.
Capped Sewer System. Where the sanitary sewer system is not yet accessible
but is planned for extension to the subdivision or development, the
subdivider shall install sewer lines, including lateral connections,
in order to provide service to each lot. The sewer mains shall be
suitably capped at the limits of the subdivision and laterals shall
be capped at the street right-of-way line when not extended to houses
or other structures. When laterals are extended to houses or other
structures, the internal plumbing system shall be constructed to accommodate
them as well as any septic system required.
[Ord. 278, 9/18/1991]
1.
Provision of System. The subdivision or land development shall be
provided with a complete water main supply system which shall be connected
to a municipal water supply or with a community water supply approved
by the engineer of the applicable water utility company and the Pennsylvania
Department of Environmental Protection with satisfactory provision
for the maintenance thereof; except that, when such municipal or community
water supply system is not available, each lot in a subdivision shall
be capable of being provided with an individual water supply system
in accordance with minimum standards approved by the Pennsylvania
Department of Environmental Protection.
2.
Plans. The plans for the installation of the mains of a water supply
system shall be prepared for the subdivision or land development with
the cooperation of the applicable water supply agency and approved
by its engineer. A statement of approval from the engineer of the
water supply agency to which the subdivision or land development will
be connected shall be submitted to the Board of Supervisors. Upon
the completion of the water supply system, one copy of each of the
plans for such system shall be filed with the Township.
3.
Fire Hydrants. Fire hydrants shall be provided as an integral part
of any public water supply system. The designated Township official
shall be consulted to determine the location of proposed fire hydrants.
[Ord. 278, 9/18/1991]
A storm drainage system shall be provided in accordance with the standards set forth in § 22-506 of this chapter.
[Ord. 278, 9/18/1991]
1.
Easements for utilities shall have a minimum width of 20 feet.
2.
To the fullest extent possible, easements for public utilities shall
be centered on or adjacent to rear or side lot lines.
3.
Telephone, electric, T.V. cable and such other utilities shall be
installed underground unless impractical and shall be provided within
the street right-of-way or easements to be dedicated for such utilities
and in accordance with plans approved by the Board of Supervisors
and the applicable utility company. Underground installation of the
utility distribution and service lines shall be completed without
interference to streetpaving and gutter, curbing and sidewalk installation.
[Ord. 278, 9/18/1991]
1.
Monuments shall be of concrete or stone at least four inches in diameter
by 30 inches and marked on top with a copper, brass or lead plug.
They shall be set at the intersection of lines forming angles in the
boundaries of the subdivision and at straight-line street segments
on the interior of the subdivision as directed by the Township Engineer.
2.
Monument Replacement. Any monuments or markers that are removed must
be replaced by a registered land surveyor at the expense of the person
responsible for the removal.
[Ord. 278, 9/18/1991]
2.
Street name signs and traffic control signs conforming to Township
specifications shall be provided and installed by the subdivider or
developer at all street intersections.
4.
Other improvements to promote public safety and health as required
by the Board of Supervisors as a condition of approval.
[Ord. 278, 9/18/1991]
All improvements shall be installed according to a time schedule
which shall be approved by the Board of Supervisors.
[Ord. 278, 9/18/1991]
At the time each improvement is to be installed and upon its
completion, the subdivider shall notify the Board of Supervisors that
the adequate inspections can be made. The inspection will be made
by the Township Engineer or by designated Township personnel. All
costs of undertaking the inspection will be borne by the subdivider.
[Ord. 278, 9/18/1991]
1.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter,
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be 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 plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Township financial security in an amount sufficient to cover
the related drainage facilities, recreational facilities, open space
improvements or buffer or screen plantings which may be required.
2.
When requested by the developer in order to facilitate financing,
the Board of Supervisors shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat contingent
upon the developer obtaining a satisfactory financial security. The
resolution or letter of contingent agreement 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 Board of Supervisors; such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the developer.
[Amended at time of adoption of Code (see Ch. AO)]
3.
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.
4.
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.
5.
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.
6.
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 the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for
the 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%. Any
additional security shall be posted by the developer in accordance
with this subsection.
7.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant or 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 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 this 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 that 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.
8.
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 bidding procedure.
9.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plats by
sections or stages of development, subject to such requirements or
guarantees as to improvement in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
10.
As the work of installing the required improvements proceeds, the
party 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 to 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 request 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 plat. 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 or, if
the Board of Supervisors fails to act within said forty-five-day period,
the Board of Supervisors shall be deemed to have approved the release
of funds as requested. The Board of Supervisors may, prior to final
release at the time of completion and certification by its Engineer,
require retention of 10% of the estimated cost of the aforesaid improvements.
11.
Where the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, the 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 plat 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.
12.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Township, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
13.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat 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 upon the final plan upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said 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 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 plat, 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.
[Ord. 278, 9/18/1991]
1.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the 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. 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 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 developer, within 15 days
of receipt of the engineer's report, in writing, by certified or registered
mail, of the action of said Board of Supervisors with relation thereto.
3.
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 developer shall be released
from all liability, pursuant to its performance guaranty, bond or
other security agreement.
4.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Supervisors, the developer shall
proceed to complete the same; and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
5.
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 of Supervisors or the Township
Engineer.
6.
Where herein reference is made to the Township Engineer, he shall
be a duly registered professional engineer employed by the municipality
or engaged as a consultant thereto.
[Amended at time of adoption of Code (see Ch. AO)]
7.
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection of improvements
according to the schedule of fees adopted by resolution of the Board
of Supervisors and as from time to time amended. Such reimbursement
shall be subject to and in accordance with the requirements and procedures
set forth in the Municipalities Planning Code, § 510(g).[1]
[Amended at time of adoption of Code (see Ch. AO)]
[1]
Editor's Note: See 53 P.S. § 10510(g).
[Ord. 278, 9/18/1991]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat, the Board of Supervisors is hereby granted the
power to enforce any corporate bond or other security by appropriate
legal and equitable remedies. If the proceeds of such bond or other
security are insufficient to pay the cost of installing or making
repairs or correction 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, 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.
