A.
Guarantee of completion. A completion guarantee in a form of financial security accepted under § 125-37 of Chapter 125, Subdivision and Land Development, shall be tendered to the Township prior to release of the development plan for recording to ensure completion of all required stormwater management facilities. The amount of such financial security shall be calculated and the security shall be held in accordance with Chapter 125, Subdivision and Land Development. Such security must provide that, upon written certification by the Township that all or a portion of the improvements subject thereto have not been completed in proper or timely fashion, funds under the security shall be immediately paid over to the Township.
C.
Default of completion guarantee. If improvements are not installed
in accordance with the approved final plan, the Board of Supervisors
may enforce any 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 Township, at its
option, may install part of such improvements in all or part of the
development and may institute appropriate legal or equitable action
to recover the funds necessary to complete remaining improvements.
All 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 municipal purpose.
A.
Procedures governing dedication and acceptance of public improvements
by the Township, water and sewer authorities and other governmental
agencies shall be as set forth in the Municipalities Planning Code,[1] Chapter 125, Subdivision and Land Development, and regulations of other governmental agencies responsible for accepted improvements. Improvements shall be deemed private until such time as they have been offered for dedication and accepted as a public improvement by resolution or ordinance of the Township or other applicable governmental agency.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
A development and stormwater management plan shall identify clearly
those improvements which are to be offered for dedication for public
use and the governmental agency to which dedication is offered. The
Township shall accept dedication of stormwater management facilities
only where located within rights-of-way of a public street or as otherwise
authorized in this chapter. Prior to acceptance by the Township of
any improvements or facilities, the Township Engineer, a consulting
engineer retained by the Board of Supervisors or their designee, shall
inspect them to ensure that they have been constructed in full conformity
with the approved plan and Township specifications and are functioning
properly. Any stormwater control facility must be free of sediment
and debris prior to acceptance by the Township.
C.
The developer offering said facilities for acceptance by the Township
shall be responsible for payment of all inspection and engineering
fees incurred in this process, which fees shall be paid in full to
Millcreek Township prior to acceptance of such improvements. Regulations
of water and sewer authorities, PennDOT and other agencies to whom
dedication of certain constructed improvements is offered shall control
with regard to their completion and acceptance.
D.
The owner shall submit as-built plans for all facilities proposed
for dedication, certified by a professional engineer. Complete certified
as-built plans shall be provided to the Township's retained engineer
prior to issuance of the engineer's certification of completion.
E.
Prior to acceptance of any detention and/or retention facility, the applicant shall provide financial security to secure the structural integrity and functioning of the said facility(ies). The security shall be: in a form accepted by the Township under § 125-37 of Chapter 125, Subdivision and Land Development; in effect for a term of 36 months; and be in an amount equal to 25% of the actual cost of the improvements and facilities so dedicated. Security for all other development improvements shall be fixed and administered pursuant to Chapter 125, Subdivision and Land Development.
A.
Any acceptance by Millcreek Township of dedication of storm detention
or retention facilities shall be subject to the following conditions:
(1)
Such acceptance shall not constitute assumption by the Township of
responsibility or liability arising out of errors, omissions, miscalculations
or misrepresentations (whether accidental, negligent, reckless or
intentional) upon which the stormwater management plan submitted by
the developer and certified by the developer's engineer was wholly
or in part based.
(2)
The developer and its engineer shall remain liable under the Storm Water Management Act[1] and this chapter to the Township and third parties for
loss, damage and expense, including attorney's fees and litigation
expenses, incurred as a result or arising out of deficient or negligent
calculations, design and/or construction of the facility, and shall
be obligated to hold Millcreek Township harmless against any and all
claims of personal injury and/or property damage arising out of such
negligence.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
(3)
No action for damages shall be deemed to arise until the date upon
which defects in calculation, design and/or construction of the facility
is first known by the Township to exist.
(4)
No stormwater detention/retention facility shall be accepted by the
Board of Supervisors unless: it has been enclosed by a fence acceptable
to the Township; it has a maximum side slope not exceeding 4:1 horizontal
to vertical dimension; and applicant has paid to the Township a fee
for 10 years' inspections as established by the Board of Supervisors.
Where the nature, physical conditions and/or topography of the development,
the facility or the adjacent lands are such that a side slope of 4:1
does not adequately allow for safe and efficient maintenance, the
Board of Supervisors, in its discretion, may require a maximum side
slope of 5:1 horizontal to vertical dimension.
(5)
The Board of Supervisors shall have received from an engineer to whom the proposed stormwater management plan was referred his/its certification that such plan and the facilities proposed to be dedicated have been completed in full conformity with the approved plan, this chapter, Chapter 29, Code Enforcement, Part 2, Public and Private Improvements, of the Code of the Township of Millcreek, and all applicable laws and regulations.
B.
The Board of Supervisors shall not accept dedication of any stormwater
detention/retention facility without first receiving the written and
signed agreement of the applicant and the applicant's engineer
to the express conditions set forth above.
C.
This chapter shall not be construed so as to impose upon the Board
of Supervisors and obligation to accept dedication of any stormwater
detention/retention facility unless the Board should so elect, and
subject to such additional conditions as the Board may impose.
