A.
The applicant shall construct all roads, streets,
lanes or alleys, together with all other improvements, including grading,
paving, curbs, gutters, sidewalks, street lights, fire hydrants, water
mains, street signs, shade trees, storm drainage facilities, sanitary
sewers, landscaping, traffic control devices, open space and restricted
areas and erosion and sediment control measures in conformance with
the final plan as approved, and applicable provisions of the Pennsylvania
Department of Transportation Specifications, Form 408, dated 1976,
or the latest revision thereto, or other applicable regulations.
B.
No plat shall be finally approved for recording, and no building permits shall be issued until the developer has completed all required improvements or has provided a performance guarantee in accordance with § 162-8G hereof.
C.
All trenches or other excavations in existing or proposed
Township streets shall be backfilled in accordance with the following:
(1)
Backfilling shall be done as promptly as possible.
(2)
The trench shall be backfilled with hand-placed screenings
or 2RC to a height of at least one foot above the top of the conduit,
pipe or pipe bell. These screenings shall be thoroughly hand-tamped
around the side of the pipe. These screenings shall be placed with
the hand shovels and not from trucks or with the use of power equipment
and shall be free from refuse, boulders, rocks, unsuitable organic
material or other material which, in the opinion of the Township,
is unsuitable.
(3)
When the pipe is located in a dedicated street or
any place where paving (including driveways) may be placed, the remainder
of the trench shall be backfilled with 2RC or other approved materials
and promptly compacted. The backfill material shall be mechanically
tamped in approximately six-inch layers.
(4)
Where openings have been made in existing Township
roads, paving shall be restored in accordance with the paving standards
contained in this chapter. Openings made in state roads shall be restored
in accordance with the Pennsylvania Department of Transportation Specifications.
Permits shall be required before paving is opened in any existing
state or Township road.
(5)
Where openings are made behind the curbline, work
shall be as specified below. The opening shall be covered with good
topsoil to a depth of six inches and seeded or sodded to the satisfaction
of the Township Engineer.
(6)
Whenever the trenches have not been properly filled
or if settlement occurs, they shall be refilled, compacted, smoothed
off and finally made to conform to the surface of the ground.
(7)
Frozen earth shall not be used for backfilling, nor
shall any backfilling be done when materials already in the trench
are frozen.
(8)
Where excavated material, or any portion thereof,
is deemed by the Township Engineer to be unsuitable for backfilling,
the developer shall procure and place backfill material approved by
the Township, and the unsuitable material disposed of properly.
D.
At all times during the construction of the project,
scrubbers shall be positioned at all points exiting the site to facilitate
the cleaning of mud and debris from all vehicles leaving the site.
E.
No burning or burying of trash or debris shall be
permitted on the construction site. To ensure that all trash and debris
is removed, a Dempsey dumpster, or similar trash container, shall
be placed at various locations on the worksite.
F.
It shall be the developers' responsibility to notify
all emergency service agencies serving Upper Uwchlan when construction
will begin and where the site is located.
A.
All land disturbance work shall be performed in accordance
with an inspection and construction control schedule approved by the
Township Engineer. No work shall proceed to a subsequent phase until
inspected and approved by the Township Engineer or his designee, who
shall then file a report thereon with the Township. The construction
or installation of all improvements shall at all times be subject
to inspections by representatives of 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 construction, the said
representative is empowered to require corrections to be made and/or
suspension of subdivision or approval and to issue a cease-and-desist
order, which may include any or all of the following sanctions:
B.
The said cease-and-desist order shall be terminated
upon the determination by Township representatives that the said defects
or deviations from plan requirements have been corrected.
C.
After commencement of initial earth-moving operations,
the Township Engineer or his designee shall inspect at the following
points in the development of the site, or of each stage thereof:
(1)
Upon completion of stripping, the stockpiling of topsoil,
the construction of temporary stormwater management and erosion control
facilities, disposal of all unsuitable materials, and preparations
of the ground.
(2)
Upon completion of rough grading, but prior to placing
topsoil, installing permanent drainage or other site improvements,
or establishing covers.
(3)
During construction of the permanent facilities, at
such time(s) as specified by the Township Engineer.
(4)
Upon completion of permanent stormwater management
facilities, including established ground covers and plantings for
that purpose.
(5)
Upon completion of final grading, vegetative control
measures, and all other site restoration work undertaken in accordance
with the approved plan and permit.
(6)
The Township Engineer may make random inspections
as he deems necessary and appropriate.
D.
No underground pipes, structures, subgrades or base
course shall be covered until inspected and approved by the Township.
A minimum of six inspections by the designated representative shall
be required. These inspections shall be effected as follows:
E.
The developer shall notify the designated representative
of the Township (usually the Township Engineer) at least 24 hours
in advance of commencement of any construction operations requiring
an inspection.
F.
In the review of any stormwater management plan, the
Township Engineer shall have discretion to modify or waive the otherwise
applicable inspection schedule called for in this section.
G.
The Board of Supervisors may prescribe that the applicant
shall reimburse the Township for the reasonable and necessary expense
incurred for the inspection of improvements. Such reimbursement shall
be based upon a schedule established by resolution. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the Township Engineer or consultant for work performed
for similar services in the Township, but in no event shall the fees
exceed the rate or cost charged by the engineer or consultant to the
Township when fees are not reimbursed or otherwise imposed on applicants.
(1)
In the event the applicant disputes the amount of
any such expense in connection with the inspection of improvements,
the applicant shall, within 10 working days of the date of billing,
notify the Township that such expenses are disputed as unreasonable
or unnecessary, in which case the Township shall not delay or disapprove
a subdivision or land development application or any approval or permit
related to development due to the applicant's request over disputed
engineer expenses.
(2)
If, within 20 days from the date of billing, the Township
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and Township shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(3)
The professional engineer so appointed shall hear
such evidence and review such documentation as the professional engineer
in his or her sole opinion deems necessary and render a decision within
50 days of the billing date. The applicant shall be required to pay
the entire amount determined in the decision immediately.
(4)
In the event that the Township and applicant cannot
agree upon the professional engineer to be appointed within 20 days
of the billing date, then upon application of either party, the President
Judge of the Court of Common Pleas of the judicial district in which
the municipality is located (or if at the time there be no President
Judge, then the senior active judge then sitting) shall appoint such
engineer, who, in that case, shall be neither the Township Engineer
nor any professional engineer who has been retained by, or performed
services for, the Township or the applicant within the preceding five
years.
(5)
The fee of the appointed professional engineer for
determining the reasonable and necessary expense shall be paid by
the applicant if the amount of payment required in the decision is
equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the Township shall pay the fee of the professional engineer,
but otherwise the Township and the applicant shall each pay 1/2 of
the fee of the appointed professional engineer.
A.
When the developer has completed all of the necessary
and appropriate improvements, he shall notify the Board, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the Township Engineer
to inspect all of the aforesaid improvements. The Township Engineer
shall, thereupon, file a report, in writing, with the Board, and shall
promptly mail a copy of the same to the developer by certified mail.
The report shall be made and mailed within 30 days after receipt by
the Township Engineer of the aforesaid authorization from the Board.
Said report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part. 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
reason for such nonapproval or rejection.
B.
The Board shall notify the developer, in writing,
by certified mail, of the action of the Board with regard to approval,
nonapproval, or rejection of improvements.
C.
If any portion of the said improvements shall not
be approved or shall be rejected by the Board, the developer shall
proceed to complete those improvements and, upon completion, the same
procedure of notification as outlined herein shall be followed.
D.
The developer shall be responsible for maintenance
of all subdivision or land development improvements until such improvements
are offered for dedication and are accepted by the Township. In addition,
10% of the performance guarantee shall be held back by the Township
until the developer has posted a maintenance guarantee, and as-built
plans are verified and accepted by the Township. The maintenance guarantee
shall total 15% of the total costs of the public improvements and
shall be binding for a period of 18 months.
Within 30 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 a plan showing actual locations,
dimensions and conditions of streets and all other public improvements,
including easements showing geometry and monument locations certified
by a registered engineer to be in accordance with actual construction.
As-built plans shall show elevations and inverts to all manholes,
pipes and roads.
A.
Upon completion of any public improvements shown on
an approved subdivision plan and within 90 days after approval of
such public improvements as herein provided, the developer shall submit
written offer of such public improvements for dedication to the Township.
Said offer shall include a deed of dedication covering said public
improvements together with satisfactory proof establishing the developer's
clear title to said property. Such documents are to be filed with
the Township Secretary for review of the Township Solicitor. Deeds
of dedication for public improvements may be accepted by resolution
of the Board at a regular meeting thereof. The Supervisors may require
that at least 50% of the lots in any approved subdivision or land
development (or phase thereof, if final plan approval has been in
phases) have certificates of occupancy issued for buildings thereon
prior to acceptance of dedication. Should the streets, even though
constructed according to the specifications of this chapter, deteriorate
before the said 50% of the lots have certificates of occupancy issued,
such streets shall be repaired in a manner acceptable to the Board
before being accepted by the Township.
B.
If financial security has been provided in lieu of
the completion of improvements required as a condition for the final
approval of a plat as set forth in this section, the Township shall
not condition the issuance of building, grading or other permits relating
to the erection or placement of improvements, including buildings,
upon the lots or land as depicted upon the final plat upon actual
completion of the improvements depicted upon the approved final plat.
Moreover, if said financial security has been provided, occupancy
permits for any building or buildings to be erected shall not be withheld
following: the improvement of the streets providing access to and
from existing public roads to such building or buildings to a mud-free
or otherwise permanently passable condition, as well as the completion
of all other improvements as depicted upon the approved plat, either
upon the lot or lots or beyond the lot or lots in question if such
improvements are necessary for the reasonable use of or occupancy
of the building or buildings.
C.
The Board may require that certain subdivision and
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 authorized for the deposit of the performance guarantee, as described in § 162-8G hereof, and 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 cost of installation of the improvements so dedicated.
B.
Where maintenance of subdivision and land development
improvements is to be the responsibility of individual lot owners,
homeowners' association or similar entity, or an organization capable
of carrying maintenance responsibilities, the Board shall require
that such responsibilities shall be set forth in perpetual covenants
or deed restrictions binding on the landowner's successors in interest,
and may further require maintenance funds be established.
C.
Where subdivision and land development improvements are located on an individual lot, it is the responsibility of that landowner to maintain and assure the performance is guaranteed in accordance with § 162-8G of this chapter and Subsections A and B of this section. Obligations shall include the perpetuation of natural drainage and may include perpetuation of infiltration facilities and/or the maintenance of facilities constructed by the individual lot owner under terms of this building or stormwater permit, e.g., cisterns, downspout connections, seepage pits, etc.
[Amended 1-17-2006 by Ord. No. 06-01]
D.
On or before the completion of subdivision or land development improvements, the permanent stormwater management system for a tract shall be installed or constructed in accordance with the approved stormwater management plan. All such work shall be as specified in the approved plan. Continued functioning of these facilities shall be guaranteed and maintained, as necessary, performed in accordance with § 162-8G of this chapter and Subsection B of this section.
E.
If the Township determines at any time that stipulated
permanent stormwater management facilities have been eliminated, altered,
or improperly maintained, the owner shall be advised of corrective
measures required within a period of time set by the Township Engineer.
If such measures are not taken by the owner, the Township may cause
the work to be done and lien all costs against the property.
F.
Where the maintenance of stormwater management facilities and systems is the responsibility of an individual lot owner, the terms of that maintenance agreement and a description of the facilities and systems on the lot, as called for in Subsection C of this section, shall be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest and shall be noted on the final plan to be recorded.
