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, streetlights, 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 dwelling if approved for residential development or by the construction of the proposed commercial or industrial structures if the lots are approved for such uses. 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 approval of a plan, at the discretion of the developer, such developer may deposit with the Township and/or the appropriate authority, as applicable, performance security in accordance with § 22-502 below.
B.
Prior to the start of construction, the Township shall be provided
with three sets of construction drawings and specifications. The sets
shall be completed in every detail, comprised of the latest revisions
and identical to those being used by the contractor(s). It will be
the developer's responsibility to provide paperwork for any revisions,
change orders, etc., to the construction drawings, specifications,
reports, etc. Any delays in administration or construction, additional
costs of administration or construction or any other problems resulting
from any party utilizing inconsistent construction drawings will be
the responsibility of the developer.
A.
Prior to the granting of final approval, the developer shall either
complete all improvements required by this chapter or deliver to the
Township performance security in the amount of 110% of the cost to
complete all improvements required by this chapter, estimated as of
90 days following the date scheduled for completion by the developer.
Annually, the Township may adjust the amount of the performance security
by comparing the actual cost of the improvements which have been completed
and the estimated cost for 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 performance security
equals 110%. Any additional security shall be posted by the developer
in accordance with this section.
B.
The amount of performance security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the developer and prepared by a professional engineer licensed
as such in the commonwealth and certified by such engineer to be a
fair and reasonable estimate of such cost. The Township, upon 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 the 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.
If the developer requires more than one year from the date of posting
of the performance security to complete the required improvements,
the amount of the performance security may be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of the performance security or to an amount not to exceed
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 procedure.
E.
As the work of installing the required improvements proceeds, the
party posting the performance security may request the Township to
release or authorize the release, from time to time, such portions
of the performance security necessary for the payment to the contractor
or contractors performing the work. Any such request shall be in writing
addressed to the Board of Supervisors, and the Board of Supervisors
shall have 45 days from the receipt of such request to allow the Township
Engineer to certify, in writing, to the Board of Supervisors that
such portion of the work has been completed in accordance with the
approved plan. Upon such certification, the Board of Supervisors shall
authorize release from the required performance security of an amount
as estimated by the Township Engineer as representing the value of
the work completed.
F.
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 performance security deposited.
G.
At such time as 90% of the lots in the subdivision have been improved
as set forth above or if at the expiration of two years from the date
all of the improvements, excepting the surface course, have 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 sixty-day requirements,
the period from October 1 to April 1 shall not be counted due to anticipated
weather conditions.
H.
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 would not occur during the completion
of the improvements on the unimproved lots in such developer's subdivision
or land development. The Township shall hold 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.
I.
Prior to the start of construction, the Township shall be provided
with three sets of construction drawings and specifications. The sets
shall be completed in every detail, comprised of the latest revisions
and identical to those being used by the contractor(s). It will be
the developer's responsibility to provide paperwork for any revisions,
change orders, etc., to the construction drawings, specifications,
reports, etc. Any delays in administration or construction, additional
costs of administration or construction or any other problems resulting
from any party utilizing inconsistent construction drawings will be
the responsibility of the developer.
A.
As the work of installing the required public and private improvements
proceeds, the developer may request the Board of Supervisors to release
or authorize the release, from time to time, such portions of the
performance security necessary for payment to the contractor(s) performing
the work. Any such request 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 final 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. 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.
B.
All improvements shall be completed within the period stated in the
approved final plat or development agreement. Upon written application
signed by all parties to the performance security device and in a
form approved by the Township Solicitor, the Board of Supervisors
may, at its discretion, extend said period by not more than two additional
years.
A.
As a prerequisite to release of the performance security for completion of public and private improvements pursuant to this chapter, or as a condition to final plat approval, the developer shall provide maintenance security guaranteeing the structural integrity, proper functioning and maintenance of the public improvements in accordance with the design standards of Part 6 of this chapter, the Township Construction Standard Details, and the specifications as depicted on the approved final plat.
[Amended 10-11-2012 by Ord. No. 12-06]
B.
The term of the maintenance security shall be for a period of 18
months from the date of acceptance of the public improvements by the
Board of Supervisors. The amount of the maintenance security shall
be 15% of the actual cost of installation of the public improvements.
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.
B.
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.
C.
It is generally required that the following phases of site construction
have mandatory inspection. This general list of phases may be supplemented
by the Township 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.
(1)
General site construction:
(a)
Upon completion of preliminary site preparation (including stripping
of vegetation, stockpiling of topsoil, and construction of the initial
erosion and sedimentation control devices), but prior to further consideration.
(b)
Upon completion of rough grading of any improvement, but prior
to placing topsoil and seeding or other permanent ground covers.
(c)
During the construction and prior to backfilling of any storm
sewer, retaining wall foundation, culvert, inlet, manhole or other
underground facility.
(d)
During the construction and prior to backfilling of any sewer
line, waterline, or appurtenance, or any other underground utility
not under jurisdiction of an authorized municipal authority.
(e)
Upon final completion of permanent stormwater management facilities,
including the establishment of ground covers and plantings.
(f)
After review of as-built drawings, but prior to release of the
financial guarantee for any of the improvements.
(2)
Street construction:
(a)
After preparation and compaction of the subgrade but prior to
placement of subbase. The developer or agent should be present. In
addition to verification of grade and crown, proof rolling will be
performed. The developer shall supply a fully loaded tandem axle dump
truck for the duration of the proof rolling.
(b)
After placement of the subbase material, but prior to the placement
of the binder/base course. This observation, including proof rolling,
will be performed in the same manner as that for subgrade.
(c)
During the placement of the binder/base course. The ambient
temperature and bituminous material temperature need to be within
acceptable limits. The Township may require paperwork to verify the
materials conform to PennDOT standards.
(d)
During the placement of the wearing course. The requirements
for placement of the binder/base course shall be followed.
(3)
In addition to the above outlined observations, additional observations
will be made at the request of the developer for reduction of financial
securities. Random observations should be made at the frequency desired
by the Township. At the time of any of the above-listed observations,
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.
A.
The offer to dedicate streets, improvements and/or property does
not impose any duty upon the Township and/or the appropriate authority
concerning maintenance until the proper authorities of the Township
and/or the authority have made actual acceptance of the dedication
by ordinance or resolution.
B.
Where the Township desires to accept dedication of all or some of the required improvements following completion, the Township may require the posting of maintenance security in accordance with § 22-504 of this chapter.
C.
Street dedication requirements. The Township shall have the sole
and uncontrolled discretion to accept or not accept street dedication
upon petition by the applicant. The Township shall not approve a request
for dedication prior to completion of the improvement of 90% of the
lots or units of the development. For multiphase developments, the
Township may accept those streets or portions of streets within completed
phases of the development; however, the Township shall in no case
accept streets in a complete phase where the streets therein are the
sole access to uncompleted future phases.
D.
Street dedication procedures. When the Township desires to accept
dedication of streets, the following general procedure shall be used.
The procedures may be modified or adjusted by the Township for each
individual application.
(1)
The applicant shall notify the Board, in writing, of the desire to
transfer ownership and maintenance of the street to the Township.
This notification shall contain an agreement that the applicant shall
be responsible to pay all Township costs and expenses incurred with
processing of said request, including attorneys' and engineering fees.
The Township may require the applicant to submit a deposit to cover
said expenses.
(2)
The applicant shall submit three certified copies of the legal description and as-built plans of the street (drawn in conformance with the standards of § 22-508 of this chapter) and any other documentation required by the Township.
(3)
Subsequent to the review of documentation, the Township shall inspect
the street being offered for dedication. Any defects found by reviewing
the documents and field conditions shall be remediated by the applicant
prior to acceptance of the street. Where the street contains, or is
required to contain, regulatory signs, the applicant shall provide
three copies of an engineering study and ordinance justifying said
signage.
(4)
After approval of legal description, the deed shall be prepared, in addition to a resolution and certification. The applicant shall supply the Township with the approved maintenance bond, referenced by Subsection B of this section. The Township may also require receipt of a title insurance policy in favor of the Township for the cost of the street, which policy shall incur the street in fee simple title, free and clear of all liens, encumbrances, easements and restrictions, other than customary utility rights.
(5)
It is noted that the deadline for PennDOT's acceptance of deeds in
order for the Township to receive liquid fuel tax reimbursements has
traditionally been in September/October of each year.
E.
Where an 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 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 Township has
the effect of an irrevocable offer to dedicate all streets and other
public ways to public use, unless such streets are indicated on said
plan as private streets.
[Amended 2-18-2019 by Ord. No. 19-05]
Prior to the release of the financial guarantee, the developer
shall provide the Township with electronic copies of the as-built
plans in PDF and AutoCAD formats. The as-built drawings shall be prepared
and bear the seal and signature of a registered surveyor. They shall
be drawn at the same scale(s) as the design plans and contain, at
a minimum, the following information:
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 center line versus right-of-way center
line.
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, culverts,
inlets and other features.
H.
Actual horizontal and vertical locations, pipe sizes, materials and
appurtenances of all sewer lines and waterlines, if said lines are
not to be owned and maintained by a public authority other than the
Township.
I.
The following information for detention basins:
(1)
Information to verify the volume of the basin.
(2)
Actual outlet structure details, including, but not limited to, type,
size and inverts of outlet pipes.
(3)
Actual elevation and width of the embankment and emergency spillway.
(4)
Information to verify the stage/storage/discharge curve for the constructed
conditions.
(5)
The horizontal location of the above items.
J.
All other public or private improvements not listed but required
to be included by the Township in order to illustrate compliance with
all approved drawings, specifications, etc.
K.
All as-built drawings shall document the mapping conventions utilized
in the digital files including the projection system, coordinate system,
map units, horizontal datum and vertical datum.
A.
Prior to a developer and/or landowner commencing grading or construction
activities related to a subdivision and/or land development, the Board
of Supervisors shall require that the developer and/or landowner execute
a development agreement, in a form acceptable to the Township Solicitor,
containing provisions that are reasonably required to guarantee compliance
with the conditions of approval, if any, and to guarantee the proper
installation of on-site and off-site improvements related to the subdivision
and/or land development and provisions necessary to indemnify the
Township in connection therewith.
B.
A standard-form development agreement may be adopted from time to
time by resolution of the Board of Supervisors.
C.
The development agreement shall be executed, the required performance
security shall be posted and all required fees shall be paid to the
Township before the Township Secretary shall affix his or her signature
and the Township Seal to the final plat for recording purposes.
