A.
The applicant shall construct all streets, together
with all other improvements, including grading, paving, curbs, gutters,
sidewalks, streetlights, fire hydrants, water mains, street signs,
landscaping, storm drainage facilities, sanitary sewers, traffic control
devices, open space and recreation areas and erosion and sediment
control measures, in conformance with the approved final plan and
all other applicable Township, county, state and federal regulations.
B.
All streets, open spaces and other improvements shown
on the final plan shall be deemed to be private until such time as
the same has been accepted by ordinance or resolution by the Board
of Supervisors.
A.
The construction or installation of all improvements
shall at all times be subject to inspection by the Township. If such
inspection reveals that work is not in accordance with approved plans
and specifications, that construction is not being done in a workmanlike
manner or that erosion or sediment controls are failing to prevent
accelerated erosion or waterborne sediment from leaving the site of
construction, the Township Inspector is empowered to require corrections
to be made and/or the suspension of subdivision approval and to issue
a cease and desist order which may include any or all of the following
sanctions:
B.
The cease and desist order shall be terminated upon
determination by the Township that the defects or deviations from
plan requirements have been corrected.
C.
No underground pipes, structures, subgrades or base course shall be covered until inspected and approved by the Township. A minimum of seven inspections by the designated representative shall be required. These inspections shall be effected in accordance with Subsection A above and shall occur at the following intervals:
(1)
Upon completion of rough grading, but prior to placing
topsoil, installing permanent drainage or other site improvements
or establishing covers.
(2)
Upon excavation and completion of subgrade.
(3)
Upon excavation, installation and completion of drainage
structures, community sewage systems or water supply systems.
(4)
Before placing stone base course or before initial
layer of screenings.
(5)
Before binder course.
(6)
Before wearing course.
(7)
Final inspection.
D.
The developer shall notify the Township Inspector
at least 24 hours in advance of completion of any construction operations
requiring an inspection.
Refer to § 181-34 of this chapter.
Within 60 days after completion and Township
approval of subdivision or land development improvements as shown
on final plans and before Township acceptance of such improvements,
the developer shall submit to the Board one Mylar reproducible and
five prints of said plans showing actual dimensions and conditions
of streets and all other improvements, certified by a professional
engineer to be in accordance with actual construction.
The Township shall have no obligation to take
over and make public any street or other improvement in or abutting
a subdivision unless:
A.
The required improvements shown on the approved plan
or plans have been constructed to all requirements, as certified by
the Township Engineer.
B.
At least 51% of the frontage of all the lots along
a street have been occupied by completed dwellings or other structures.
C.
A petition, signed by the owners of at least 51% of
the frontage of the street in question, requesting that the street
and other improvements be taken over and made public, is filed with
the Township.
D.
An executed dead of dedication in a form and substance
acceptable to the Township Solicitor is filed with the Township.
E.
It is established to the satisfaction of the Board
of Supervisors that there is a need for the improvements to be taken
over and made public.
A.
Upon completion of construction of a street or other
improvements in accordance with approved plans, as certified by the
Township Engineer, a deed of dedication for the street prepared by
the applicant(s) and approved by the Township Solicitor shall be submitted
to the Board of Supervisors together with a certificate from the contractor,
evidencing payment of all labor and material costs.
B.
After the deed of dedication and certifications have
been completed and all inspection and engineering fees for the roads
and improvements have been paid and all accrued snow removal costs
and other costs chargeable to the subdivider or land developer have
been paid and the maintenance bond on the road and other improvements,
excluding sewers, has been posted, then the road and other improvements
shall be accepted by the adoption of a resolution by the Township
Supervisors, accepting the deed and directing that it be recorded
with the Recorder of Deeds of Chester County. Evidence of such recording
with dates and volume and page numbers shall be returned by the developer
to the Township office.
C.
Upon completion of construction of a sanitary sewer
in accordance with approved plans and sanitary drainage specifications,
as certified by the Township Engineer, a deed of dedication for the
sewer prepared by the Solicitor of the Township shall be submitted
to the Board of Supervisors together with a certificate from the contractor
evidencing payment of all labor and material costs and a receipt for
inspection charges. After the submission of the deed of dedication
and accompanying certifications, the sewers may be accepted by the
adoption of a resolution by the Township Supervisors accepting the
deed and directing that it be recorded. Evidence of such recording
with dates and volume and page numbers shall be returned by the developer
to the Township office.
D.
The Township shall have no responsibility with respect
to any street or other improvements, notwithstanding the use of the
same by the public, unless the street or other improvements are accepted
by ordinance or resolution of the Board of Supervisors.
E.
The Board may require that certain subdivision and/or
land development improvements remain undedicated, with maintenance
the responsibility of individual lot owners, a homeowners' association
or similar entity or an organization capable of carrying out maintenance
responsibilities.
A.
Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guaranty, as described in § 181-34 hereof, shall be for a term of 18 months from the date of the acceptance of dedication and shall be in an amount equal to 15% of the actual costs of installation of the improvements so dedicated.
B.
Where maintenance of stormwater retention facilities
or private streets 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 shall require
that maintenance responsibilities be set forth in perpetual covenants
or deed restrictions binding on the landowner's successors in interest
and may further require that an initial maintenance fund be established
in a reasonable amount.
All lands which have been designated as open
space on any final plan shall remain as open space in perpetuity and
shall be conveyed to the Township or other legal entity as prescribed
below.
A.
Conveyance to Tredyffrin Township.
(1)
The Township, at its sole discretion, may accept lands or portion of lands intended for open space pursuant to the provisions of § 181-62 above.
(2)
In accepting any such open space lands, the Board
of Supervisors may require, as a precondition of acceptance, the improvement
of all or a portion thereof and/or may require the payment of certain
fees for the improvement and continued maintenance of the open space
land.
B.
Conveyance to other agencies or legal entities.
(1)
Any open space land which is not conveyed to the Township
must be conveyed to a governmental agency (of Chester County, Pennsylvania
or the United States), a corporation, association, conservation group,
community trust, homeowners' or condominium association or other legal
private, nonprofit entity.
(2)
The governmental agency or other private nonprofit
entity must be legally constituted to receive, hold and maintain such
open space lands. Where such entity is a corporation or association
of homeowners or condominium owners, the corporation or association
must:
(a)
Be set up before any homes, lots or dwellings
units are sold or leased or otherwise conveyed.
(b)
Require mandatory membership for each buyer
and/or lessee and any successive buyer and/or lessee.
(c)
Be responsible for liability insurance, taxes,
recovery for loss sustained by casualty condemnation or otherwise
and the maintenance of recreational and other facilities.
(d)
Be empowered to prorate all costs and expenses
of development and maintenance of open space and assess such pro rata
costs against members and, in the event of failure of payment of such
pro rata share, to file liens against the real estate owned by delinquent
members.
(e)
Be able to adjust the assessment to meet changing
circumstances.
(f)
Not be dissolved nor shall it dispose of the
open space except to an organization conceived and established to
own and maintain the open space. The corporation or association must
first offer to dedicate the open space to the Township before any
such sale or disposition of the open space.
(3)
The instrument of conveyance of any lands to any governmental
agency or other private nonprofit entity must be approved by the Township
Solicitor and shall include provisions for guaranteeing the following:
(a)
The continued use of such land for the intended
purpose.
(b)
Continuity of proper maintenance for those portions
of the open space requiring maintenance.
(c)
Adequate insurance protection.
(d)
Provisions for payment of applicable taxes.
(e)
Recovery for loss sustained by casualty, condemnation
or otherwise.
(f)
Provision for the Township to assume management
of open space in the event that after a public hearing the Township
shall determine that a corporation, association or other legal entity
shall have failed to properly maintain the open space.
(g)
Such other covenants and/or easements that the
Township shall deem desirable to fulfill the purposes and intent of
this chapter.
