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.
The Township shall inspect the improvements during construction. The developer shall pay the cost of any such inspection in accordance with the provisions of Article
V of the Municipalities Planning Code. 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. It is generally required that the following phases of site construction have mandatory inspection. This general list of phases may be amended by mutual agreement of the Township and developer 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.
A. General site construction.
(1) Upon completion of preliminary site preparation including
stripping of vegetation, stockpiling of topsoil and construction of
temporary erosion and sedimentation control devices.
(2) Upon completion of rough grading, but prior to placing
topsoil, permanent drainage or other site development improvements
and ground covers.
(3) During the construction of permanent stormwater management
and BMP facilities. All storm sewers, culverts, etc. must be inspected
prior to backfilling.
(4) During construction of sanitary sewers and appurtenances,
all sanitary sewers must be constructed and inspected in accordance
with Township specifications.
(5) Upon the final completion of permanent stormwater
management and BMP facilities, including the establishment of ground
covers and plantings.
(6) After review of the as-built drawings, required by §
185-30 of this chapter, but prior to final release of the financial guarantee for completion of final grading, vegetative controls required by the BMP standards or other site restoration work.
B. Street construction.
(1) Preparation of road subgrade. At the time of this
inspection, the subgrade should be proof rolled and the proposed crown
and grade should be checked. It is recommended that a developer's/contractor's
representative accompanies the observer when the crown and grade are
checked. Proof rolling should be performed with a fully loaded, tandem-axle
dump truck. This inspection must occur prior to any stone subbase
being placed.
(2) Placement and compaction of road subbase. At the time
of this inspection, the depth of subbase should be checked after compaction,
the subbase should be proof rolled in the same manner as the subgrade
and the crown and grade should be checked again. This inspection must
occur prior to any binder or base course being placed.
(3) Placement and compaction of the binder/ease course.
At the time of this inspection, the depth of the binder/base course
should be checked, ambient temperature should be monitored (this is
important in early spring and late fall days when the temperature
can go below acceptable limits, in accordance with PennDOT specifications,
Form 408, as amended), the temperature of the bituminous material
should be checked (if possible) and it is recommended that copies
of the weight slips for each truckload are obtained. The crown and
grade should also be checked again. This inspection must occur prior
to the wearing course being placed.
(4) Placement and compaction of the wearing course. At
the time of this inspection, the guidelines for the placement and
compaction of the binder/base course should be followed.
C. In addition to the above outlined inspections, additional
inspections will be made at the request of the developer for reduction
of financial securities. Random inspections should be made at the
frequency desired by the Township. At the time of any of the above
listed inspections, 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.
Since the above inspections are mandatory, it is recommended that
requests for reduction of financial guarantee be submitted to coincide
with the above, inspections.
The developer shall maintain all streets in
the subdivision or development in travelable condition, including
the prompt removal of snow and ice 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 Board of Supervisors has the effect of an irrevocable offer to:
A. Dedicate all streets and other public ways to public
use, unless such streets are indicated on said plan as private streets.
B. Dedicate all neighborhood parks and all areas shown
on the plan as being local recreation sites to public use.
Prior to the release of the final escrow estimate,
the developer shall provide the Township with one mylar and two prints
of the as-built plan showing the following:
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 centerline versus right-of-way
centerline.
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.
H. Detention basin.
(1) Actual contours of the detention basin.
(2) Actual outlet structure details including type, size
and inverts of outlet pipes.
(3) Actual elevation of the embankment and emergency spillway.
(4) A table showing the stage/storage/discharge curve
for the constructed conditions.
Final approval shall be subject to the signing
of a development agreement prepared by the Township Solicitor pertaining
to the laying out of roads, streets, lanes or alleys and the construction
of all improvements including necessary grading, paving, curbs, erosion
and sediment control; gutters, sidewalks, street lights, fire hydrants,
water mains, underground electric facilities, landscaping and traffic
control devices, in accordance with the approved final plans, where
such (or some of them) improvements are required as a condition of
the approval of the plan by the Board of Supervisors, within the time
or times specified in the approval. The agreement may include any
other specified conditions or requirements agreed to by the Supervisors
and developer and/or owner. The developer and/or owner shall reimburse
the Township for the legal fee and filing cost incurred for the preparation
and recording of this agreement (or memorandum thereof).