Township of Mount Joy, PA Improvement and Construction Requirements

Markers shall be set so that the marked point coincides exactly with the point or points of intersection of the lines being marked. Markers shall be set so that the top of the marker is level with the finished grade of the surrounding ground. Markers shall be set:

At the intersection of all right-of-way lines;

At the intersection of lines forming angles in the boundaries of a development;

At such intermediate points as may be required by the Township engineer; and

At all lot corners.

Markers must be set prior to the time that any lot is offered for sale or conveyance.

In any case, at least two such monuments shall be installed in each major subdivision and each land development, plus one additional monument for every eight new lots after the first eight lots.

[Added 8-21-2003 by Ord. No. 2003-5]

Marker features. Markers shall be no less than 3/4 of an inch square or 3/4 of an inch in diameter and no less than 24 inches long. Markers shall be made of iron or steel. Iron pipes or steel bars in the size prescribed herein are acceptable.

Removal. Any markers that are removed, other than in the course of changing the marked points pursuant to a more recently approved subdivision or land development plan, shall be replaced by a registered engineer or surveyor at the expense of the person removing the markers.

§ 86-25 Streets.

Streets shall be surfaced to the grades and dimensions drawn on the plans, profiles and cross-sections submitted by the developer and approved by the Township. Before paving the street surface, the developer shall install the required utilities and provide, where necessary, adequate stormwater drainage for the streets, as acceptable to the Township. Following a review of the development plan and consultation with the developer and the governing body of the municipality in which the development is located, the Township shall determine the type of development and the specifications for the base and wearing surface of the streets in accordance with the following:

Public streets.

[Amended 8-21-2003 by Ord. No. 2003-5]

Minor streets.

Except when otherwise specified by the Township, the subbase course shall consist of eight inches of compacted crushed stone constructed according to the specifications set forth in Section 350, Subbase, in the Pennsylvania Department of Transportation Specifications, 1987, or as amended.

Construction and materials of a minor street shall follow applicable specifications of the State Department of Transportation in Publication 408 or its successor. A minor street shall be constructed with the following depths: 1.5 inches of ID-2 wearing course, four inches of BCBC and six inches of Number 2A Subbase. However, eight inches of such subbase shall be used in areas of hydric soils. A pavement base drain shall be provided if deemed to be necessary by the Township Engineer based upon on-site conditions.

Collector streets.

Except when otherwise specified by the Township, the base course shall consist of 10 inches of compacted crushed stone constructed according to the specifications as set forth in Section 350, Subbase, in the Pennsylvania Department of Transportation Specifications, 1987, or as amended.

Construction and materials of a collector street shall follow applicable specifications of the State Department of Transportation in Publication 408 or its successor. A collector street shall be constructed with the following depths: 1.5 inches of Superpave wearing course, five inches of BCBC and eight inches of Number 2A Subbase. A pavement base drain shall be provided if deemed to be necessary by the Township Engineer based upon on-site conditions.

Arterial streets. For the construction of arterial roads or highways, the developer shall consult with the Township and be governed by the Pennsylvania Department of Transportation for the method of construction to be used. The Township shall decide if a collector or arterial street is required as a direct result of the construction of his development, in which case the developer is responsible for paving the additional width required.

Private streets.

All private streets shall be constructed in accordance with § 86-25, or guaranteed in accordance with § 86-39 of this chapter prior to approval of the final plan.

Whenever a developer proposes to establish a street which is not offered for dedication to public use, the Township may require the developer to submit, and also to record with the plan, a copy of an agreement made with the Township on behalf of his heirs and assigns, and signed by the Township Solicitor, and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate among other things:

That the street shall conform to the Township specifications or that the owners of the abutting lots shall include with the offer of dedication sufficient money, as estimated by the Township Engineer, to restore the street to conformance with the Township specifications.

That an offer to dedicate the street shall be made only for the street as a whole.

That the method of assessing repair costs be as stipulated.

That agreement by the owners of more than 50% of the front footage thereon shall be binding on the owners of the remaining lots.

Street lights. In any proposed development involving 10 or more lots or dwelling units with an average lot size or area per dwelling unit of 15,000 square feet or less, a street light meeting Township requirements shall be installed at one corner of every intersection. In lieu of street lights, the Township may require the developer to install individual property lights in the ratio of one to each lot.

Street signs. Street name signs shall be placed at one corner of every intersection. The design must be according to Township requirements.[1]

Editor’s Note: Former Subsection E, Street trees, which immediately followed this subsection, was repealed 11-2-2017 by Ord. No. 2017-04.

§ 86-26 Curbs and gutters.

Curbing shall be required along a proposed street, unless the Board of Supervisors approves a modification, which shall only be approved if the applicant proves that curbing is not necessary. Such matter should be reviewed by the Township Engineer.

[Amended 8-21-2003 by Ord. No. 2003-5]

(Reserved)[1]

Editor's Note: Former Subsection B, regarding drainage channels, as amended 8-21-2003 by Ord. No. 2003-5, was repealed 8-16-2012 by Ord. No. 2012-04.

All curbs shall be twenty-four-inch vertical curbs and constructed of cement concrete. The construction of vertical curbs shall conform to the requirements of Section 630, Plain Cement Concrete Curb, Type A, of the Pennsylvania Department of Transportation Specifications, 1987, or as amended. At the discretion of the Supervisors, rolled curb and gutter type curbs may be constructed using a curbing machine.

Curb cut ramps shall be provided for the physically handicapped as required by Section 228 of the 1973 Highway Safety Act, Commonwealth of Pennsylvania.[2]

[2]

Editor's Note: See 36 P.S. § 1758-101 et seq.

§ 86-27 Sidewalks.

In any proposed subdivision or land development with an average lot size or area per dwelling unit of 15,000 square feet or less, or where any subdivision is immediately adjacent to or within 1,000 feet of any existing or recorded subdivision having sidewalks, sidewalks shall be installed on each side of the street in accordance with Township requirements. The Township may also require installation of sidewalks in any subdivision or land development where the evidence indicated that sidewalks are necessary for the public safety.

Sidewalks shall be within the right-of-way of the street and shall extend in width from the right-of-way line toward the curbline.

Sidewalks shall be at least four feet wide. In the vicinity of shopping centers, schools, recreation areas and other such facilities, sidewalks shall be at least five feet wide and located within the street right-of-way.

All sidewalks shall be constructed of Type 1 of Class A concrete.

Sidewalks shall be of a uniform depth of four inches, except where crossed by driveways, where the depth shall be six inches for residential driveways and eight inches for commercial driveways. The width of the sidewalk shall be the width specified in this chapter.

Contraction joints shall be spaced no more than five feet apart.

Sidewalks shall have a minimum of four inches of crushed stone beneath them.

The forms used shall be of metal. All forms shall be smooth, straight and free from warp.

§ 86-28 Sewer and water supply systems.

All sanitary sewer and water supply systems located in any designated floodplain district shall be floodproofed up to the regulatory flood elevation.

Private and on-site sewer systems.

All properties shall be connected to a public sanitary sewer system if possible.

Where a public sanitary sewer system is not accessible, but is proposed for extension within five years to the development or to within 1,000 feet of the development, the developer shall install sewer lines, including lateral connections, to provide adequate service to each lot when connection with the public system is made. The sewer lines shall be capped at the street right-of-way line. When capped sewers are provided, on-site disposal facilities shall also be provided. If the available engineering and design information for the proposed public system is insufficient to ensure the proper installation of capped sewer lines, the developer shall, at the Township's discretion, provide for the eventual installation by creating an escrow account in an amount sufficient to provide for the eventual construction of said sewer lines.

If no public system is either proposed five years or within 1,000 feet of the development, the Township Supervisors may require that a study be prepared to determine the feasibility of constructing a private sewer system or treatment facility or connecting to an existing private or public system over 1,000 feet away.

Upon completion of any sanitary sewer system installation, the plan for the system as built shall be filed with the Township.

Where none of the above alternatives are possible or feasible, an individual sewage disposal system consisting of a septic tank and tile absorption field or other approved sewage disposal system shall be provided for each lot at the time improvements are erected or installed thereon. All such individual sewage disposal systems shall be constructed in accordance with the Pennsylvania Department of Environmental Protection regulations. No community on-site septic systems will be permitted.

Private and on-site water systems.

Where a water main supply system is within 1,000 feet of, or where plans approved by the Township provide for the installation of such public water facilities, the developer shall provide the development with a complete water main supply system to. be connected to the existing or proposed water main supply system in accordance with the Township's requirements. If the available engineering and design information for the proposed public system is insufficient to ensure the proper installation of such water main supply system, the developer shall, at the Township's discretion, provide for the eventual installation by creating an escrow account in an amount sufficient to provide for the eventual construction of the system.

If connection to a public water supply system is not possible, a report on the feasibility of constructing a separate water supply system may be required by the Township and a report shall be submitted setting forth the findings. The report shall include, among other factors, a hydrogeologic study of groundwater occurrence and movement, aquifer characteristics, available drawdown, well efficiency, groundwater recharge, existing wells, water demands, quality of water, etc.

The plans for installation of a private water supply system shall be prepared by the land developer, and approved by the Pennsylvania Department of Environmental Protection. Upon completion of any water supply system, the plan for the system as built shall be filed with the Township.

Where none of the above alternatives are possible or feasible, an individual water supply system shall be installed.

The water supply yield shall be adequate for the type of development proposed.

The installation of such systems shall not endanger or decrease groundwater supplies of adjacent properties.

Any such individual system shall meet any applicable Pennsylvania Department of Environmental Protection regulations.

Association or other organizations for operating and maintaining of the private systems.

When private sewage treatment systems and/or water supply systems are installed by the developer, an association or other organization must be established by the developer to operate and maintain the systems.

Any and all legal documents involved in establishing this association or other organization must be submitted and approved by Mount Joy Township prior to approval of the final plan.

Central water service. A use shall not be considered to be served by Township-approved central water service for the purposes of complying with the Zoning Chapter unless:

[Added 8-21-2003 by Ord. No. 2003-5]

All applicable requirements of state regulations and this chapter are met;

The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator, and which shall include a business plan showing the ability to set aside funds for future improvements; and

The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.

Central sewage service. A use shall not be considered to be served by Township-approved central sewage service for the purposes of complying with the Zoning Chapter unless:

[Added 8-21-2003 by Ord. No. 2003-5]

All applicable requirements of state regulations and this chapter are met;

The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate treatment capacity and conveyance capacity to serve the development.

Connection to a larger system. Any new nonpublic central water or central sewage system shall be engineered and constructed in such a manner as to allow its efficient interconnection in the future into a larger regional system. For example, a development shall include adequate utility easements extending to the borders of the development to allow future interconnections at logical points.

[Added 8-21-2003 by Ord. No. 2003-5]

Such a system shall include appropriate easements and/or rights-of-way within property controlled by the developer to allow the system to efficiently interconnect with a larger system in the future.

If requested by the Board of Supervisors at time of subdivision or land development approval, a central water or sewage system shall be dedicated to a municipal authority after completion of the development, or at such other time as is mutually agreed upon. A developer who dedicates a central water or sewage system to a municipal authority shall retain the right to use or sell the capacity of the system that was funded by the developer.

[Amended 2-7-2013 by Ord. No. 2013-01]

On-lot septic systems.

[Added 8-21-2003 by Ord. No. 2003-5]

Purpose: to ensure that a suitable location is available for a new septic system if the original septic system should malfunction.

This subsection G shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this subsection.

Each lot shall include both a primary and a reserve septic system location. Both locations shall be determined by the Township Sewage Enforcement Officer to meet State Department of Environmental Protection regulations for a septic system location prior to approval of the final subdivision or land development plan.

The requirement for a reserve septic system location shall not apply to the following:

A lot of over 10 acres;

The simple merger of two or more existing lots, or an adjustment to lot lines of an existing lot;

A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot; or

Lots within a subdivision or land development that will abut a complete capped sewage system constructed by the developer, the design of which has been approved by the Township.

The reserve septic system location shall be kept clear of buildings and parking, and shall be shown on any subsequent applications for new or expanded buildings or parking. The Township may require that the location be recorded on the deed.

Well and septic system locations. Every plan for a subdivision or land development and every application for a building permit for a new principal building that will be served by a well and/or septic system shall designate the proposed well and primary and alternate septic system locations.

[Added 8-21-2003 by Ord. No. 2003-5]

Such a plan shall show that the proposed locations will meet the minimum isolation distances established by state DEP regulations between a well and septic systems on the subject lot and all adjacent lots.

A plan may show the outer extent of potential well locations, instead of one exact location, provided all of the potential area would still meet the isolation distance.

If the well or septic system location is proposed to be changed from the location shown on the submitted plan, then a site plan showing the revised location shall be submitted for approval by the Zoning Officer and Sewage Enforcement Officer prior to issuance of the building permit.

It is requested that well sites be placed in the front yard, thereby allowing septic systems to be placed in the rear yard. The intent is to minimize the visibility of any septic mound systems. In addition, if wells are located in consistent locations within a subdivision, it will make it easier for adjacent property owners to meet minimum separation distances between septic systems and wells.

Expansion of septic use. If the Township has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a nonresidential use would result in increased flow to a septic system, then the application shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement Officer shall require modification, expansion or replacement of the septic system if necessary to handle the proposed flow.

[Added 8-21-2003 by Ord. No. 2003-5]

Water studies.

[Added 8-21-2003 by Ord. No. 2003-5]

Purposes:

To provide the Township with information to properly evaluate the impact a proposed development will have upon groundwater resources.

To make sure that adequate water supplies will be available to service a proposed development without negatively impacting adjacent uses dependent upon the same water sources.

To also address concerns about water quality, particularly including nitrates.

A hydrogeologic study shall be required to be submitted by the applicant whenever a proposed use, subdivision or land development will involve total average water usage of groundwater or spring water after build-out exceeding 3,000 gallons per day. Note: Regulations of the State Department of Environmental Protection may also require the submission of a hydrogeological study as part of the sewage facility planning process if:

There is a known presence of high nitrate levels in the vicinity; or

Where limestone-based carbonate geology is present.

This Subsection J shall not apply to a development that will be served by a Township or Township authority central water system.

See also the provisions of § 110-28 concerning withdrawals of spring water and groundwater for off-site use.

Credentials. The study shall be prepared by a professional geologist or professional engineer with substantial experience in preparing similar studies. The qualifications of the person conducting the study shall be attached to the report.

(6)

The hydrogeologic study, at a minimum, shall include the following:

A location map for the proposed development showing proximity to waterways, lakes and major roads.

A proposed thirty-day average rate and maximum daily rate of groundwater or spring water withdrawal from each water sources.

A map showing water withdrawal points.

An analysis of the impacts of the water withdrawal upon the groundwater supply and upon uses and creek levels within a one-half-mile radius of the project, including agricultural activities.

(e)

The analysis shall consider impacts during both normal conditions and drought conditions. Drought conditions shall be documented.

(f)

The Board of Supervisors may require that the study include the construction of test wells to determine the impacts. The level, rates, dates and times of water measurements shall be provided, and weather conditions shall be documented. The impacts upon a reasonable sampling of existing wells shall be recorded, provided that the owners of such wells grant permission for such studies.

Water quality test.

[Added 8-21-2003 by Ord. No. 2003-5]

Prior to submitting any official plans for any proposed new subdivision that will involve two or more new lots, the applicant shall have a water quality test conducted. If a well exists within the borders of the subdivision, it shall be the source of the water test. If a well does not exist within the subdivision, the applicant shall be required to seek permission from the owner of a well on an adjacent lot for a water test. The test shall be conducted using the nearest available well for which permission is granted for a test, up to a maximum of one-quarter mile from the boundaries of the subdivision or land development. If permission is not granted for a water test within one-quarter mile, then the applicant shall be required to drill a test well on the lot. The Board of Supervisors may require tests of up to three wells if a subdivision will include 10 or more new lots.

The water quality test shall at a minimum test for total coliform, fecal coliform and nitrates. The water sample shall be taken on-site by a responsible established third-party entity (not including the developer, lot seller or building contractor) and tested for quality at a state-certified water testing laboratory. A written copy of the test results shall be provided to the owner of the well and to the Township Zoning Officer. See also any well testing requirements in any Township Well Ordinance.

[Amended 9-3-2020 by Ord. No. 2020-06]

If there is evidence available to the Township that a proposed subdivision or land development will be within one-quarter mile from a water supply exceeding five parts per million of nitrate-nitrogen, then the applicant shall be required to provide evidence that he/she is meeting applicable requirements of the State Department of Environmental Protection concerning hydrogeological studies and/or denitrification.

§ 86-29 Fire hydrants.

Fire hydrants shall be provided as an integral part of any public water supply system.

Fire hydrants shall be installed if their water supply source is capable of serving them in accordance with the requirements of the local fire authority.

Fire hydrants shall be in accordance with specifications set forth by the National Fire Protection Association, or as amended.

Fire hydrants shall be placed at intervals of not more than 600 feet or as specified by the Middle Department Association of Fire Underwriters.

§ 86-30 (Reserved) [1]

Editor's Note: Former § 86-30, Storm water management, as amended, was repealed 8-16-2012 by Ord. No. 2012-04. See now Ch. 81, Stormwater Management.

§ 86-31 Erosion and sedimentation.

All development applications which involve grading or excavation shall conform to the requirements of the rules and regulations of the Pennsylvania Department of Environmental Protection pertaining to erosion and sedimentation. It shall be the responsibility of the applicant to secure approval of the Department of Environmental Protection. Approval of plans by the Township shall not be construed as approval under such regulations.

§ 86-32 Floodplain.

The floodplain corridor shall be defined and established as the area of inundation which functions as a storage or holding area for floodwater to a width required for a one-hundred-year flood, as delineated in one of the following reports:

A hydrologic report prepared by an individual registered in the Commonwealth of Pennsylvania to perform such duties.

A hydrologic report prepared by an agency of the United States Government.

In case of any dispute concerning the boundaries of a floodplain corridor, the Township shall determine the ultimate location.

Whenever a floodplain corridor is located within or along a proposed land development, the plan shall include the location of the floodplain corridor with a plan note that:

The floodway shall be kept free of structures, fill and other encroachments.

Any structures located within the floodway fringe shall be floodproofed to the limits of the floodplain corridor.

All floodplain lands shall be excluded in the minimum lot area calculations. Additionally, the floodplain and/or floodway area shall be identified by elevation or by approximate distance from the center line of the stream channel. Floodplain and floodway lines need not be identified by distances and bearings.

No subdivision and/or land development, or part thereof, shall be approved if the proposed development and/or improvements will individually or collectively increase the one-hundred-year-flood elevation more than one foot at any point.

If the Township determines that only a part of a proposed subdivision can be safely developed, the Township shall limit development to that part and shall require that development proceed consistent with this determination.

§ 86-33 Underground utility lines.

Electric, telephone and all other utility facilities shall be installed underground and shall be floodproofed up to the regulatory flood elevation. The developer shall be required to obtain a letter from the appropriate utility company confirming that the developer has entered into an agreement to provide for an underground electric and telephone system in accordance with the Pennsylvania Public Utility Commission Investigation Docket 99, as amended, or has obtained a waiver from said Pennsylvania Public Utility Commission to allow overhead electric and telephone lines.

§ 86-34 Petroleum lines.

When any petroleum or petroleum products transmission line traverses a land development, the developer shall confer with the applicable transmission or distributing company to determine the minimum distance which shall be required between each dwelling unit and the center line of such petroleum or petroleum products transmission line.

§ 86-35 Natural gas lines.

The minimum distance from a natural gas line to a dwelling unit shall be as required by the applicable transmission or distributing company, or as shall be required by the Department of Transportation under the Natural Gas Pipeline Safety Act of 1968, as amended, whichever is greater.

§ 86-36 Open space and recreation areas.

[Amended 8-21-2003 by Ord. No. 2003-5; 2-2-2012 by Ord. No. 2012-02]

Purposes: to provide adequate open spaces, recreational lands and recreational facilities to serve residents of new developments, for both active and passive recreation; and to recognize and work to carry out the Comprehensive Plan for Mount Joy Township. The relevant portions of the Township Comprehensive Plan are hereby officially adopted as the Recreation Plan for Mount Joy Township.

Applicability.

This section shall apply to any subdivision or land development for which a preliminary plan or a combined preliminary/final plan is submitted after the enactment date of this amendment.

This section shall not apply to plans that the Board of Supervisors determines only involve clearly minor adjustments or corrections to an approved preliminary plan or clearly minor adjustments or corrections to a preliminary plan that was before the Township for consideration at the date of the adoption of this amendment.

(Reserved)

Land dedication. Any subdivision or land development regulated under this section shall be required to dedicate the specified amount of common open space.

(Reserved)

The land requirements of this section shall be based upon the number of new dwelling units that would be permitted on the lots of a subdivision or land development after approval.

Prime open space. For the purposes of this section, the term "prime open space" shall mean land proposed to be dedicated as common open space that would meet all of the following standards:

Slope of less than 6%;

Not a wetland under federal and/or state regulations;

Be part of a contiguous tract of at least two acres, provided that with approval of the Board of Supervisors existing adjacent public recreation land may be combined with a contiguous proposed tract to result in more than two acres of total land area, without reducing the amount of common open space that must be provided by the applicant; and

Not be within the one-hundred-year floodplain as defined by official floodplain maps of the Township.

Amount of common open space. If a subdivision or land development is required to dedicate common open space, the following amounts for each permitted new dwelling unit shall apply:

Percentage of the Total Required Common Open Space that Would Meet the Definition of Prime Open Space	Minimum Required Common Open Space Per Permitted Dwelling Unit (square feet)
0% to 25.0%	5,200
25.1% to 75.0%	2,600
75.1% to 100%	1,300

Common open space shall meet the definition for such term in the Zoning Chapter.

(Reserved)

Decision on land. The Board of Supervisors shall determine whether a land dedication would be in the public interest. This determination should, but is not required to, be made at the time of sketch plan review, and which should be reviewed by the Planning Commission and Board of Supervisors. The Township should, at a minimum, consider the following in this decision:

Whether the land in that location would serve a valid public purpose.

Whether there is potential to make a desirable addition to an existing public or school district recreation area.

Whether the proposed land would meet the objectives and requirements of this section and any relevant policies of the Township Comprehensive Plan.

Whether the area surrounding the proposed development has sufficient existing recreation and open space land, and whether it is possible for pedestrians and bicyclists to reach those lands.

Any recommendations that may be received from the Planning Commission, the Township Engineer, the local school board or school district staff and any Township Parks and Recreation Commission or similar committee.

[Amended 9-3-2020 by Ord. No. 2020-06]

Common open space to be dedicated.

Suitability. Land required to be dedicated shall be suitable for its intended purpose, in the determination of the Board of Supervisors. The applicant shall state what improvements, if any, he/she intends to make to the land to make it suitable for its intended purpose, such as grading, landscaping, or development of trails. Such land shall be free of construction debris and graded, landscaped and improved in conformance to the approved plan at the time of dedication.

Ownership. Mount Joy Township shall have the right of first refusal to accept dedication of required common open space to the Township. The Board of Supervisors shall approve any other form of ownership in advance. The following alternative forms of ownership of the common open space may be approved by the Board of Supervisors:

Ownership by a school district, the county, the Pennsylvania Bureau of State Parks, the Pennsylvania Game Commission, the National Park Service, a similar public agency or an established environmental organization acceptable to the Board of Supervisors.

Ownership by a legally established homeowners' association.

If required common open space is to the owned by a homeowners' association, the developer shall be required to establish such association in a form that requires all property owners within the development to annually contribute to the maintenance of the common open space.

[2]

Any homeowners' association agreements regarding required common open space shall be subject to acceptance by the Board of Supervisors, based upon review by the Township Solicitor. The provisions of Section 703(f) of the State Municipalities Planning Code should serve as a model for such agreement.

[3]

In the case of a rental development, the Township may permit the common open space to be retained by the owner of the residential buildings on the same lot.

Conservation easements. Any required common open space dedication shall include conservation easements to permanently prevent its development for buildings, except buildings for noncommercial recreation or to support maintenance of the land.

Priority shall be given to dedication of land that would be suitable for additions to existing public schools and public parks, or would preserve woods, steep slopes or other important natural features or land along a creek or river, or that would be suitable for centralized active recreation.

Land that is not suitable for active or passive recreation shall not be permitted to meet the requirements of this section, including areas within a stormwater detention basin that are not suitable for recreation. Portions intended for active recreation shall be well-drained, of average slope less than 6% and not require filling in of a wetland for use.

(6)

Access and contiguousness. Common open space within a subdivision or land development shall be contiguous, except as maybe specifically exempted by the Board of Supervisors, and shall have adequate access for maintenance and by pedestrians.

(7)

Other ordinances. Any required land dedication under this section shall be in addition to any land dedication or improvement requirements of any other Township ordinance. However, if more than 30% of the total land area of a tract will be preserved as common open space, then the requirements of this § 86-36 shall not apply.

(8)

Lands close to buildings. For the purposes of this section, no land shall be used to meet the minimum common open space requirements of this section if such land is within:

Fifteen feet of any building (other than a noncommercial recreation building); or

Within 15 feet of a parking area of more than six parking spaces (other than parking areas specifically developed to serve the open space).

(9)

Residual lands. If only a portion of a larger tract of land is currently proposed to be subdivided, or the applicant owns one or more adjacent tracts that are not currently proposed to be subdivided, the applicant shall provide a sketch of a possible future land dedication on these adjacent lands in case they would be developed in the future. This future land dedication location shall not be binding, but shall illustrate the ability to meet Subsection G(10) below.

(10)

Coordination with future adjacent dedication. The Board of Supervisors may require that a required land dedication within a property currently being subdivided be placed along an edge of the property so that it may, in the future, be combined with an open space dedication on the edge of an adjoining property when that adjoining property is subdivided or developed.

(Reserved)

Facilities in place of land. An applicant may seek a modification of the requirements of this section under the procedures of § 86-45 by offering to construct substantial permanent recreation facilities within the proposed subdivision or land development or on nearby public open space, if the applicant clearly proves to the satisfaction of the Board of Supervisors the facilities will be approximately equal in market value to the land that would otherwise be required.

§ 86-37 Water areas.

In a development abutting a lake, river or other significant water body, the Board of Supervisors, upon consultation with the Planning Commission, may request the dedication or reservation of:

Any title to the water body the developer may possess beyond the wharf or dock line for public use.

Up to 20% of the land abutting the shore for public use.

When two or more lots abut a private pond or body of water and all or part of the pond is to be part of the lot, a homeowners association must be responsible for the maintenance of the pond.

§ 86-38 Reservations.

On sites reserved for eventual public acquisition, no building development is permitted during the period of reservation. Said period of time not to extend more than 12 months without consent of the developer. Such reservations shall be noted on the final plan.

§ 86-39 Completion of improvements or guaranty thereof; prerequisite to final plan approval.

No plan shall be finally approved unless the streets shown on such plan have been approved to a mud-free or otherwise permanently passable condition or improved as may be required by this chapter, and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements as may be required by this chapter have been installed in accordance herewith. In lieu of the completion of any improvements required as a condition for the final approval of a plan, the Supervisors shall require, for deposit with the Township, financial security acceptable to the Supervisors in an amount sufficient to cover the costs of such improvements or common amenities, including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements or buffer or screen plantings which may be required.

Without limitation as to other types of financial security which the Township may approve, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for purposes of this subsection. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth. Such bond or other security shall provide for and secure to the public the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements. In the case where the development is projected over a period of years, the Supervisors may authorize submission of final plans by section or phase of the development subject to such requirements or guaranties as it finds essential for the protection of any finally approved section of the development.

The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration or the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with the subsection.

The amount of financial security required shall be based upon an estimate of the cost of the completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the service of such engineer shall be paid equally by the municipality and the applicant or developer.

In the event that a corporate bond or other financial security has been offered in lieu of completion of improvements for final plan approval, the developer shall construct and maintain a passable roadway, along with any other improvements required for lots which are occupied prior to acceptance of the roadway and/or other improvements by the Township. Such maintenance shall continue for the entire bonded period. Failure to keep the required financial security in effect until the completion and approval of all improvements shall be a violation of this chapter.

§ 86-40 Release from improvement bond.

When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Supervisors in writing, by certified mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Supervisors and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization by the Supervisors; 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. The Supervisors shall notify the developer, in writing by certified or registered mail of the action of the Supervisors with relation thereto. If any portion of said improvement shall not be approved or shall be rejected by the Supervisors, the developer shall proceed to complete the same and upon completion, the same procedure of notification, as outlined in this chapter, shall be followed.

As the work of installing required improvements proceeds, the developer who has posted the financial security may request the governing body to release or authorize the release from time to time such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such request shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer or other designated inspector to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Township shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer or Inspector fairly representing the value of the improvements completed. The Township may, prior to final release at the time of completion of said improvements and certification by its Engineer or Inspector, retain 10% of the original amount of the posted financial security for the aforesaid improvements.

[Amended 2-7-2013 by Ord. No. 2013-01]

Where the Board of Supervisors accepts the dedication of all or some of the required improvements following completion, the Supervisors may require the posting of financial security to secure structural integrity of said dedicated improvements as well as the functioning of said dedicated improvements in accordance with the design and specifications as depicted on the final plan and in any related agreements for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required above with regard to installation of said improvements and the amount of the financial security shall not exceed 15% of the actual cost of installation of said dedicated improvements.

[Amended 2-7-2013 by Ord. No. 2013-01]

The Board of Supervisors may prescribe that the applicant shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of all subdivision and land development improvements. Such reimbursement shall be based upon a schedule established by resolution.

[Amended 2-7-2013 by Ord. No. 2013-01]

Upon completion of inspection, the Board of Supervisors shall submit to the applicant an itemized bill showing the work performed in connection with the inspection of improvements performed, identifying the person performing the services and the time and date spent for each task. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, no later than 100 days after the date of transmittal of a bill for inspection services, notify the Township and the Township Engineer or other applicable professional consultant that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of his/her objections to the fees charged, in which case the municipality shall not delay or disapprove a request for release of financial security, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses.