The requirements of this article shall apply
to all applicants submitting a final plan for subdivision or land
development in the Township. For additional details regarding these
requirements, please refer to the Township's Administrative Guidelines
for Subdivision and Land Development Proposals.
A.
No final plan shall be approved until the applicant
has either:
(1)
Completed all of the improvements required by the
Board of Supervisors for final plan approval, in compliance with the
requirements of this chapter; or
(2)
Provided a proper financial guarantee for those improvements,
as required by this article, in compliance with the Pennsylvania Municipalities
Planning Code, to cover the estimated costs for completion of those
improvements.
B.
The work completed or guaranteed shall be in strict
accordance with the approved plans and the requirements of this chapter.
C.
No lot in a subdivision may be sold, and no permit
to erect, alter or repair any building upon land in a subdivision
or land development will be issued unless and until a subdivision
and/or land development plan has been approved and, where required,
recorded, and until the required improvements in connection therewith
have either been completed or guaranteed for completion as required
herein.
D.
The applicant shall also guarantee that no lot will
be sold or building constructed in any floodplain area except in compliance
with the floodplain management requirements of this chapter, the Township's
Zoning Ordinance, and the Township's Building Code.
A.
In lieu of the completion of improvements required
for final plan approval, financial security in an amount sufficient
to cover the costs of the improvements shall be guaranteed to the
Township in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code. All improvements for which financial
security is being posted shall be completed on or before the date
fixed in the plan approval, subdivision agreement and/or development
agreement for completion of such improvements.
B.
When requested by the applicant in order to facilitate
financing, the Board of Supervisors shall furnish the applicant with
a signed copy of a resolution indicating approval of the final plan
contingent upon the applicant obtaining a satisfactory financial security.
The final plan shall not be signed or recorded until the financial
improvements agreement is executed. The resolution of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days, unless the Board of Supervisors
grants a written extension.
The Board of Supervisors may release all or
parts of the posted financial security as completion of improvements
proceeds, in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code.
A.
Incomplete improvements. If the required improvements
are not completely installed within the period fixed or extended by
the Board of Supervisors, the Board of Supervisors may declare the
financial security in default to collect the amount payable thereunder.
The collected security shall be used to complete the improvements
in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code.
B.
Post-completion security. The applicant shall be responsible for maintenance of all improvements until they are offered for dedication and accepted by the Township, and 10% of the financial security may be held back until a maintenance guarantee has been posted by the applicant, as required in § 425-607 herein.
A.
Inspections.
(1)
Required notice. The Township Engineer shall be notified
48 hours in advance of the commencement of any construction or installation
operation in order that the Township may make provision for inspection.
(2)
Progress inspections. Construction and installation
operations shall also be subject to inspection by the Township during
the progress of the work. The subdivider, developer or builder shall
pay the reasonable and necessary expenses for inspections in accordance
with the fee schedule established by resolution of the Board of Supervisors.
B.
Improvements specifications. All required road improvements
shall be constructed in accordance with the applicable provisions
of the Pennsylvania Department of Transportation (PennDOT), Form 408,
"Construction Standards," 2003 or most current edition, including
the latest revisions and other applicable regulations. All other required
improvements shall be constructed in accordance with approved specifications
found in the Township's Engineering Standards.[1]
(1)
Specifications. The Township will furnish the specifications
to the applicant. If any of the specifications are unavailable at
the Township office, the Township Engineer shall provide the applicable
specifications.
(2)
Sample of materials. During or after construction
of any required improvement, if the Township requires a sample of
materials said sample shall be furnished by the appropriate contractor
in a form specified by the Township Engineer.
[1]
Editor's Note: See Engineering Standards,
Appendix A, at the end of this chapter.
C.
Delivery slips. Copies of all delivery slips for materials
used in the construction of any storm sewers, sanitary sewers, roads,
curbs, sidewalks or any other facility within a Township right-of-way
or easement shall be supplied to the Township.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. The Board of Supervisors shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s) after receiving the advice of the Township Engineer and Solicitor and/or other experts. The subdivider or developer may be required to cover costs that must be incurred by the Township or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in § 425-602.
A.
Conditions. The Township shall have no obligation
to accept dedication of any street or other improvement unless:
(1)
The required improvements, utility mains and laterals,
and monuments shown on the approved plan or plans have been constructed
to meet all requirements and are free of defects or deterioration.
(2)
It is established to the satisfaction of the Board
of Supervisors that there is a need for the dedication of improvements.
B.
Acceptance. The Township shall have no responsibility
with respect to any street or other improvement, not withstanding
the use of the same by the public, unless the street or other improvement
is accepted by an ordinance (or resolution) adopted by the Board of
Supervisors.
When the Board of Supervisors accepts dedication
of required improvements following their completion, the Board shall
require posting of financial security by the applicant to secure the
structural integrity and functioning of these improvements in accordance
with the design and specifications as depicted on the approved final
plan.
Where the maintenance of improvements is to
be the responsibility of individual lot owners, a homeowners' association
or similar entity, or an organization capable of carrying out maintenance
responsibilities, the Board of Supervisors shall require that maintenance
responsibilities be set forth in perpetual covenants or deed restrictions
binding on the landowners' successors in interest and may further
require that an initial maintenance fund be established in a reasonable
manner.
Before the Township Supervisors shall cause
its approval to be endorsed upon the final plans of any subdivision
or land development (except in the case of minor subdivisions wherein
the Supervisors impose no condition or conditions for the approval
of the plan) and, as a requirement for the approval thereof, the owners
shall enter into a written agreement with the Township in the manner
and form set forth by the Township Solicitor, which shall include
but not be limited to the following:
A.
To construct or cause to be constructed, at the owners'
expense, all streets, curbs, sidewalks, fire hydrants, streetlights,
drainage facilities, water and sewer facilities, street signs, monuments,
capped sewers, parks and other improvements shown on said final plan,
when required to do so by the Board of Supervisors, in accordance
with the standards and specifications of the Township.
B.
To maintain at the owners' cost the said streets,
curbs, sidewalks, drainage facilities, water and sewer facilities,
street signs, parks, monuments, fire hydrants, streetlights, capped
sewers, and other improvements until the same are accepted or condemned
by the Township for public use and, for a period of 18 months thereafter,
to repair and reconstruct the same or any part of one of them when
such repair or reconstruction shall be specified by the Board of Supervisors
as necessary by reason of faulty construction, workmanship or materials
and at or before acceptance of such improvements by the Township.
D.
To pay all costs, charges or rates of the utility
furnishing electric service for the lighting of the streets on or
abutting said subdivision from the lights installed by the owner until
such time as the streets shown on the subdivision plans shall be accepted
as public streets of the Township by resolution approved by the Court
of Quarter Sessions or condemnation proceedings, and to indemnify
and save harmless the Township from and against all suits, actions,
claims and demands for electric service to the streets shown on said
plans, or any part thereof to the time that said streets shall be
accepted as public streets of the Township in the manner hereinabove
set forth.
E.
Pay the inspection fees required by the Township.
F.
To obtain the easements and releases required when
any street, drainage facility or other improvement wherein a subdivision
abuts or traverses land of persons other than the person holding legal
title to the lands of the subdivision at his own cost, and to obtain
from the owner of the lands so abutted or traversed full releases
from all damages which may result from any change in grade, construction
or otherwise of the street, drainage facility or other improvements,
and such releases shall inure to the benefit not only of the owner
of the subdivision but to the Township as well.[2]
G.
To promptly remove or cause to be removed snow from
the streets as may be required for safe traverse of the streets prior
to dedication.
H.
To promptly reimburse to the Township reasonable attorneys'
and engineers' fees.
I.
Such other provision(s) as deemed necessary or desired
by the Township Supervisors or the Solicitor.
