The installation of all improvements to be dedicated to South
Whitehall Township or South Whitehall Township Authority, or related to drainage and similar improvements determined
by the Township in the direct interest of the Township shall be subject
to observation by the Township Engineer and Township staff to check
for satisfactory completion and maintenance. If such observation reveals
that work is not in accordance with approved plans, specifications
and/or these regulations, that construction is not being done in a
good, workman-like manner, or that erosion and sediment controls are
failing to prevent acceleration erosion or waterborne sediment from
leaving the site of construction, the Township Engineer or Township
staff shall immediately notify the Manager of the Community Development
Department of the violations or infractions. The Township is empowered
to require corrections to be made and/or order the suspension of subdivision
approval and to issue a cease-and-desist order, which may include
any or all of the following sanctions: 1) that no lot in the subdivision
shall be conveyed; 2) that all construction on any lots for which
a building permit has been issued shall cease; and 3) that no further
building permits or certificates of occupancy for any lot shall be
issued. In addition to the foregoing, the Township Engineer and Township
staff are authorized to make periodic physical observations of all
subdivisions and land developments under construction in the Township.
In addition, the Township Engineer shall be responsible for reviewing
and approving field construction or any special requirements which
may be imposed by the Board of Commissioners at the time of approval
of a land development and/or a subdivision plan. The Township Engineer
shall report to the Board of Commissioners in writing periodically
as to the status of construction and as to the status of any maintenance
or bonding responsibilities which extend beyond the completion date
for any subdivision and/or land development.
A. The cost of all legal services for the negotiations, preparation,
modification or review of any legal agreements relating to a subdivision,
whether finally approved or not, and all costs of engineering, including
but not limited to field observations, will be paid to the Township
by the developer to reimburse the Township for the services of the
Township Engineer and Solicitor.
B. In no case shall any Township road or facility paving work be done
without permission from the Township Engineer. At least three working
days' notice shall be given to the Township Engineer prior to any
such construction, so that a representative of the Township Engineer
may be present at the time the work is to be done.
C. The Township Engineer shall be notified at least three working days
in advance of starting, and immediately after each of the following
phases of the work has been completed, so that he or his representative
may observe the work.
(1) Grading of rights-of-way and open space areas to be dedicated to
the Township.
(2) Grading of subgrade, installation of subbase, and checking forms
after they are set for sidewalks and curb ramps.
(3) Preparation of road subgrade.
(4) Preparation of road subbase.
(5) Setting curb and gutter forms.
(6) Road paving — after each coat in the case of tack coat and
sealing.
(7) Installation of storm drainage pipe, swales, and other drainage structures
and during backfilling.
(8) Construction of detention/retention basins.
(9) Installation of sanitary sewer structures, laterals, mains and appurtenances,
and treatment plants.
(10)
Installation of subsurface absorption areas according to standards
established by the Department of Environmental Protection, Chapters
71, 72 and 73 of Title 25 the Pennsylvania Code.
(11)
Existing roadway trench restoration.
(12)
Installation of water mains, laterals and appurtenances, and
wells and pumping storage facilities.
D. The Township Geotechnical Consultant shall be notified at least three
working days in advance of starting, and immediately after each of
the following phases of the work has been completed, so that he or
his representative may observe the work.
(3) Infiltration area construction.
E. Final inspection. When the developer has installed all the required
improvements, a final inspection shall be made by the Township Engineer
and staff, Geotechnical Engineer, and developer or developer's representative
to determine whether the work is satisfactory and in substantial compliance
with the approved final plan drawings and the specifications. The
general condition of the site shall also be considered.
(1) When the developer has completed all of the necessary and appropriate improvements listed in the agreement(s) required by §
312-27 and/or shown on the recorded plan or plan to be recorded, or on the supporting documents, the developer shall notify the Township Manager and Manager of the Community Development Department, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer.
(2) The Township Manager or Manager of the Community Development Department
shall within 10 days after receipt of such notice direct and authorize
the Township Engineer to inspect all of the aforesaid improvements.
(3) The Township Engineer shall thereupon file a report, in writing,
with the Township Board of Commissioners, and shall promptly mail
a copy of the same to the developer by certified or registered mail.
(4) The Engineer's report shall be made and mailed within 30 days after
receipt by the Township Engineer of the aforesaid authorization from
the Township; 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.
(5) The Board of Commissioners shall notify the developer, in writing,
by certified or registered mail, of their action with relation thereto.
(6) If the Board of Commissioners or Township Engineer fails to comply
with the time limitation condition contained herein, all improvements
will be deemed to have been approved and the developer shall be released
from all liability pursuant to its agreement relative to construction
and installation of the improvements contained in the developer's
request, but not any agreement relative to the correction, remedy,
repair, refurbishment, reconstruction, reinstallation, maintenance,
replacement and performance of such maintenance to the improvements
as may be necessary.
(7) If any portion of the said improvements shall not be improved or
shall be rejected by the Board of Commissioners, the developer shall
proceed to complete the same, and upon completion, the same procedure
of notification, as outlined herein, shall be followed.
F. Maintenance inspection. A maintenance inspection of all the required
improvements will be made by the Township Engineer and Township staff
to determine whether the improvements have been constructed to acceptable
standards of workmanship, with acceptable materials and maintained
to withstand reasonable use.
(1) The maintenance inspection shall take place no sooner than 14 months
or no later than 17 months after the day the Township Engineer and
the Township Manager or Board of Commissioners gives the final approval
on all required improvements.
(2) Within 10 days of maintenance inspection, the Township Engineer shall
report, in writing, his findings to the Township Board of Commissioners
and to the developer granting approval or disapproval, each with reasons
for action.
(3) The developer shall be notified of all required improvements which
fail to pass the maintenance inspection of the Township Engineer.
All such improvements shall be repaired by the developer to specifications
acceptable to the Township Engineer within 60 days of such notification
by the Township Engineer.
(a)
All such repairs shall be performed and inspected in accordance
with these regulations as if such repairs were the original installation
of the improvements.
(b)
An extension of time to repair improvements may be granted by
the Township Board of Commissioners upon written request of the developer.
The Township shall release the performance security received under §
312-27B, providing:
A. Installation of all required improvements passes the inspection of the Township Engineer and Township staff under §
312-28E and
F.
B. Such Township Engineer and Manager approval is obtained within one
year of the date fixed in the final subdivision agreement for completion
of all required improvements.
(1) An extension of such time period may be granted by the Township Board
of Commissioners upon written request of the developer.
C. The developer has paid the Township for all costs which are the developer's
obligation under this chapter or the agreement relative to construction
and installation of the improvements.
D. The developer has supplied maintenance security under the terms of §
312-27F and the as-built plans required by these regulations, including signed and sealed documentation regarding completion of post-construction stormwater management BMPs.
E. If the form of the performance security and agreement relative to
developer's security permits portions of the performance security
to be released as portions of the required improvements are installed
and are approved by the Township Engineer, the commencement of the
maintenance period shall be delayed until all of the required improvements
identified in the agreement relative to construction and installation
of the improvements have been approved as complete by the Township
Engineer and Township staff unless the project is phased.
F. As the work of installing the required improvements proceeds, the developer may request that the Township release, from time to time, such portions of the financial security necessary for payment to the contractor performing the work. Any such request shall be in writing, addressed to the Township, and the Township shall have 45 days from receipt of such request within which to allow the Township Engineer to provide written documentation to the Board of Commissioners that the improvements have been completed in accordance with the approved plan. This request by the developer shall include a list of quantities of improvements installed as part of this specific request. If the Township fails to act within the forty-five-day period, the Township shall be deemed to have approved the release of funds as requested. The Township may, prior to final release at the time of receipt of written documentation from the Township Engineer that the improvements have been completed satisfactorily, require retention of 10% of the estimated cost of the aforesaid improvements. An independent 15% maintenance retainer shall not be released until the financial security for the maintenance period referenced in §
312-27F has been posted.
The Township shall release the maintenance security received under §
312-27F providing:
A. The condition of the required improvements listed in the agreement relative to the correction, remedy, repair, refurbishment, reconstruction, reinstallation, maintenance, replacement and performance of such maintenance to the improvements passes the inspection of the Township Engineer under §
312-28E and meets with his approval; and
B. Such Township Engineer approval is obtained within 18 months after the day the Township Engineer and Township Manager give the developer the final approval on all required improvements, excepting shade trees, for which a two-year maintenance period is mandated pursuant to §
312-40D.
(1) An extension of such time period may be granted by the Township Board
of Commissioners upon written request by the developer.
The Board of Commissioners may require that any or all improvements,
including but not limited to roads and stormwater management facilities,
remain in private ownership, with the maintenance responsibility placed
on individual lot owners, a homeowners' association or similar entity,
or an organization capable of carrying out such maintenance responsibilities.
Prior to the release of the maintenance security by the Township,
all improvements, easements and rights-of-way which are to be dedicated
to the Township or Authority, as applicable, as shown on the final plan, shall be dedicated to the Township by the delivery of a special warranty deed or bill(s) of sale, as appropriate, conveying the same to the Township in fee simple, plus the developer's attorney's opinion of record title pursuant to §
312-27A(3) that the land conveyed is good and marketable and free of all liens and encumbrances, or in such other manner recommended by the Township Solicitor and approved by the Township Board of Commissioners.
In addition to the remedies provided in Article
VII for violations of this chapter, the Township's rights in the event of a developer's default shall include the following.
A. Failure to comply with the requirements of inspection will be grounds for revocation of the final approval until the developer has corrected the defects, and constitutes a violation of this chapter, thereby subjecting the developer to the penalties set forth in §
312-46. Failure to obtain final inspection approval shall also be a basis for the revocation of the approval of the final plan of the subdivision by the Township Board of Commissioners, and shall be a basis for enforcing the remedies under §
312-46, and for seeking recovery under the performance security and/or maintenance security.
B. In the event that any required subdivision improvements have not
been installed or maintained as required by this chapter, by the agreements
between the Township and the developer or in accordance with the approved
final plat, the Township may enforce any performance security and/or
maintenance security by appropriate legal and equitable remedies.
If proceeds of such performance security and/or maintenance security
are insufficient to pay the cost of installing or making repairs or
corrections to all of the required subdivision improvements covered
by said security, the Township may, at its option, install, repair
and/or correct 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 installation,
repair or correction of 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, repair and/or correction of the
improvements covered by such security, and not for any other municipal
purpose.
The sale of lots in a subdivision, the leasing of space or lots in a subdivision, the issuance of permits to erect, alter or repair any building upon land in a subdivision, and the erection of a building in a subdivision shall be permitted only in accordance with §
312-43.