[Ord. 1997-1, 5/12/1997, § 601]
1.
No final plan shall be approved unless the streets shown on such
plan have been improved as may be required by this chapter, and including,
but not limited to, any walkways, curbs, gutters, street lights, fire
hydrants, street trees, water mains, sanitary sewers, stormwater detention
and retention basins, other drainage facilities, recreational facilities,
open space improvements, buffer plantings, screen plantings, and any
other improvements required by this chapter have been installed in
accordance with this chapter. Such improvements shall also include
any improvements for future sections of the subdivision or land development
which the Board of Supervisors finds essential for the protection
of any section of the final plan. In lieu of the completion of any
such improvements required as a condition of final plan approval,
the Board of Supervisors shall accept financial security in an amount
sufficient to cover the costs of such improvements plus any additional
amounts required by this chapter.
2.
When requested by the developer, in order to facilitate financing,
the Board of Supervisors shall furnish the developer with a signed
copy of a resolution indicating approval of the final plan contingent
upon the developer obtaining a satisfactory financial security. The
final plan shall not be signed nor recorded until the financial improvements
agreement is executed. The resolution or letter of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days, unless written extension
is granted by the Board of Supervisors.
3.
Financial security required herein shall be in the form of a federal
or commonwealth chartered lending institution irrevocable letter of
credit, a restrictive or escrow account in such institution or with
a financially responsible bonding company, or such other type of financial
security which the Township may, in its reasonable discretion, approve.
The bonding company may be chosen by the party posting the financial
security, provided that the said bonding company or lending institution
is authorized to conduct business within the commonwealth and stipulates
that it will submit to Pennsylvania jurisdiction and Chester County
venue in the event of legal action.
4.
The said financial security shall provide for, and secure to the
public, the completion of all subdivision improvements for which such
security is being posted within one year of the date fixed in the
subdivision plan and financial agreement for completion of such improvements.
5.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the 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
of the ninetieth 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 this subsection.
6.
The amount of financial security required shall be based upon an
estimate of the cost of 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 fair and reasonable estimate of such cost. The Township, upon
the recommendation of the municipal 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 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 services
of said engineer shall be paid equally by the Township and the applicant
or developer.
7.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
8.
In the case where development is projected over a period of years,
the Township may authorize submission of final plats by section or
stages of development subject to such requirements or guarantees as
to improvements in future sections or stages of development as it
finds essential for the protection of any finally approved section
of the development.
[Ord. 1997-1, 5/12/1997, § 602]
1.
The applicant shall execute an agreement, to be approved by the Township,
pending the review of the Township Solicitor, before the final plan
is released by the Board of Supervisors and filed on record. Said
agreement shall specify the following, where applicable:
A.
The applicant agrees that he will lay out and construct all streets
and other public improvements, including grading, paving, sidewalks,
fire hydrants, water mains, street signs, shade trees, storm and sanitary
sewers, landscaping, traffic control devices, open space areas, and
erosion and sediment control measures in accordance with the final
plan as approved, where any or all of these improvements are required
as conditions of approval.
C.
The applicant agrees to have prepared a deed(s) of dedication to
the Township for such streets and for such easements for sanitary
and storm sewers, sidewalks, and other public improvements, provided
that the Township shall not accept dedication of such improvements
until their completion is certified as satisfactory to the Township
Engineer.
D.
Whenever an applicant proposes to establish or continue a street
which is not offered for dedication to public use, the Board of Supervisors
shall require the applicant to submit, and also to record with the
plan, a copy of an agreement made with the Board on behalf of himself
and his heirs and assigns, and signed by him, and which shall establish
the conditions under which the street may later be offered for dedication,
and shall stipulate among other things:
(1)
That an offer to dedicate the street shall be made only for
the street as a whole.
(2)
That the Township shall not be responsible for repairing or
maintaining any undedicated streets.
(3)
That the method of assessing repair and maintenance costs of
the undedicated streets be stipulated, and be set forth in recorded
deed restrictions so as to be binding on all successors or assigns.
(4)
That, if dedication is to be sought, the street shall conform
to Township specifications or that the owners of the abutting lots
shall, at their own expense, restore the streets to conformance with
Township specifications.
[Ord. 1997-1, 5/12/1997, § 603]
1.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Board of Supervisors,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Engineer. The Board shall, within 10 days after receipt of such notice,
direct and authorize the Township Engineer to inspect all of the aforementioned
improvements. The Township Engineer shall, thereupon, file a written
report 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 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 reasons for such nonapproval or rejection,
either in whole or part.
2.
Approval of improvements shall not be given until all construction
debris has been disposed of through appropriate measures. No such
debris shall be buried, burned, or otherwise disposed of on the site
except in compliance with properly issued regulatory permits.
3.
The Board shall, within 15 days of receipt of the Township Engineer's report prepared under Subsection 1, above, notify the developer by certified or registered mail of the action of the Board with regard to approval, nonapproval, or rejection of improvements.
4.
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.
5.
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, as provided for in § 22-605, and as-built plans are verified and accepted by the Township.
6.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Board to release
or authorize to be released, from time to time, such portions of the
financial security necessary for payment to the contractor or contractors
performing the work. Any such requests shall be in writing addressed
to the Board of Supervisors, and the Board shall have 45 days from
receipt of such request within which to allow the Township Engineer
to certify, in writing, that such portion of the work upon the improvements
has been completed in accordance with the approved plans. Upon such
certification, the Board shall authorize release by the bonding company
or lending institution of an amount as estimated by the Township Engineer
fairly representing the value of the improvements completed. The Township
Engineer, in certifying the completion of work for a partial release,
shall not be bound to the amount requested by the applicant, but shall
certify to the Board his independent evaluation of the proper amount
of partial releases. The Board may, prior to final release at the
time of completion and certification by the Township Engineer, require
retention of 10% of the estimated cost of the aforesaid improvements.
[Ord. 1997-1, 5/12/1997, § 604]
1.
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 may submit a 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 by the Township Solicitor. Deeds of dedication
for public improvements may be accepted by resolution of the Board
at a regular meeting thereof. The Board may require that at least
75% 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 75% 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.
Offers of dedication will only be accepted from March 1 to July 31
of each year.
2.
The wearing course of streets shall not be completed prior to such
time that 75% of the lots in the subdivision or land development have
been improved by the construction of a primary residential, commercial,
industrial, or institutional structure, if approved for such uses.
At such time as 75% of the lots in the subdivision have been improved
as set forth above, or at the expiration of three years from the date
all of the improvements, except the wearing course, have been completed,
the Township may notify the developer to complete the surface course
within 60 days from the date of such notice. In computing the sixty-day
requirement, the period from October 31 to April 1 shall not be counted.
3.
The developer will be responsible for all maintenance and repair
of the roadway which will include, but not necessarily be limited
to, pothole repair, cleaning, snow plowing, cindering, mowing, drainage
maintenance, and removal of debris, in a manner acceptable to the
Township. For certain maintenance functions such as snow plowing and
cindering, the Board shall require an escrow find and maintenance
agreement in order to assure the occupants of the undedicated street
that if will be opened within 24 hours after the end of a snowfall
for emergency vehicles and general usage after a snowfall, during
icing conditions, or any other form of blockage or emergency.
[Ord. 1997-1, 5/12/1997, § 605]
1.
Where the Township accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), it 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 guarantee, as described in § 22-601 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.
2.
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 Township 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.
[Ord. 1997-1, 5/12/1997, § 606]
In the event that any improvements which are required by this
chapter have not been installed as provided in this chapter or in
accord with the approved final plan, the Supervisors may enforce any
corporate bond, or other security by appropriate legal and equitable
remedies. If proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Board of Supervisors
may, at its option, install part of such improvements in all or part
of the subdivision or land development and may institute appropriate
legal or equitable action to recover the monies necessary to complete
the remainder of the improvements.
[Ord. 1997-1, 5/12/1997, § 607]
1.
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,
53 P.S. § 10501 et seq. The developer shall provide at least
48 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. Inspections shall be required during the
following phases of site construction. This general list of phases
may be amended by mutual agreement of the Township and developer when
the site requires special construction procedures.
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 facilities
and underground facilities.
(4)
Upon the final completion of permanent stormwater management,
including the establishment of ground covers and plantings.
(5)
After review of the as-built drawings, but prior to final release
of the financial guarantee for completion of final grading, vegetative
controls, or other site restoration work.
B.
Street Construction.
(1)
Preparation of Road Subgrade. At the time of this observation,
the subgrade should be proof rolled and the proposed crown and grade
should be checked. It is recommended that a representative of the
developer or contractor accompany the observer when the crown and
grade are checked. Proof rolling should be performed with a fully
loaded, single-axle dump truck. This observation must occur prior
to any stone subbase being placed.
(2)
Placement and Compaction of Road Base Course. At the time of
this observation, the depth of base course should be checked after
compaction, the base course should be proof rolled in the same manner
as the subgrade and the crown and grade should be checked again. This
observation must occur prior to any binder course being placed.
(3)
Placement and Compaction of the Binder Course. At the time of
this observation, the depth of the binder 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), 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 observation must occur prior to the wearing course
being placed.
(4)
Placement and Compaction of the Wearing Course. At the time
of this observation, the guidelines for the placement and compaction
of the binder course should be followed.
(5)
Surface Tolerance. Test the finished surface with a ten-foot
straight-edge whenever the Township Engineer suspects an area is deficient
or irregular. Use the straightedge at transverse joints and paving
notches. Hold the straightedge in successive positions parallel to
the road center line, in contact with the surface, and check the whole
area from one side to the other, as necessary. Advance along the pavement
in stages of not more than 1/2 the length of the straightedge. Correct
irregularities of more than 3/16 inch. For irregularities which develop
before completion of rolling, correct by loosening surface mixture
and removing or adding material, as required. If irregularities or
defects that cannot be corrected remain after final compaction, the
affected area will be considered defective. This test shall be performed
by the contractor in the presence of the Township Engineer.
(6)
Tests for Depth; Binder and Wearing Courses. Control the depth
of courses by the weight per square yard, together with a correlation
of loose and compacted depth checks. The contractor will calculate
the weight per square yard of each material course for verification
of yield. On the basis of the following combined tests, adjust the
quantity of material being placed:
(a)
Immediately after the paver screed has struck off the course
being constructed, make preliminary lose depth tests, as an aid for
controlling depth, by inserting a measuring device through the material
to the top of the lower course or base. Take one measurement or more
for each 200 square yards.
(b)
At the start of the operation, make a minimum of three random
depth checks through the compacted course being constructed to the
top of the lower course or base, to correlate preliminary loose depth
tests with required compacted depth. Additional tests may be required
if any change in materials, equipment or operation, is made.
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After final compaction, if directed, drill a series of three
six-inch diameter cores through the surface to the top of the base,
for each 1,000 square yards of pavement or less. Drill the first series,
one at the center and one at each quarter point. Alternate the series
and continue through the length of project. The Township Engineer
will measure the depth. Pavement more than 1/4-inch deficient in depth
and which cannot be satisfactorily corrected, will be considered defective.
When tests show that the pavement is uniformly deficient by more than
1/8-inch depth in three or more adjoining sections and the deficiency
cannot be satisfactorily corrected, the affected area will be considered
defective work. Backfill, compact, and seal test holes with acceptable
material after depth measurements have been completed. Additional
test holes may be required to determine the extent of the deficient
areas. Start the immediate correction of sections which are deficient
in depth at the point of the determined deficiency and proceed longitudinally
and transversely until the depth meets the requirements.
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(7)
Protection of Courses. Unless public safety is restricted, do
not permit vehicular traffic or loads on the newly compacted course
until adequate stability and adhesion have been attained and the material
has cooled to 140° F. or less.
(8)
Defective Work. Unless otherwise directed in writing by the
Township, remove and replace pavement deficient in surface tolerance.
Acceptance testing and quality assurance testing determined to be
within specification limits will not relieve the contractor of responsibility
for material or workmanship that is determined to be defective during
placement or prior to issuance of the acceptance certificate. Remove
and replace or repair defective work as directed. The determination
with regard to defective material or workmanship will be reviewed
by the Bureau of Construction and Materials.
C.
In addition to the above outlined observations, additional observations
will be made at the request of the developer for reduction of financial
securities. Random observations should be made at the frequency desired
by the municipality. At the time of any of the above listed observations,
all ongoing construction (i.e., storm drainage, curbs, sidewalks,
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 to be submitted to coincide
with the above inspections.
[Ord. 1997-1, 5/12/1997, § 608]
1.
Recording of the final plan after approval of the Board of Supervisors
has the effect of an irrevocable offer to:
[Ord. 1997-1, 5/12/1997, § 609]
1.
Prior to the final release of the financial security by the Supervisors,
the developer shall provide the Township with one mylar and two prints
of the as-built plan, at the same size and scale of the approved plans,
showing the following:
A.
Actual location of all concrete monuments and/or markers which were
found or 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, the right-of-way
of that roadway shall be monumented as 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 horizontal location of cartway center line versus right-of-way
center line should be indicated by dimension.
E.
Actual horizontal location of floodplain by elevation and dimension
from property line.
F.
Actual horizontal location and cross section of swales and accompanying
easements.
G.
Actual horizontal and vertical location of stormwater management
facilities including type and size drainage pipes.
I.
Actual locations of all utilities including, but not limited to,
water facilities and sanitary sewage facilities.
