Township of Springettsbury, PA Improvement Specifications

At the intersection of lines forming angles in the boundaries of the subdivision.

At the intersection of street lines.

At change in alignment of streets.

Removal. Any monuments that are removed must be replaced by a registered engineer or surveyor at the expense of the person removing them.

§ 289-27 Streets and aprons.

Paving. All streets intended to be dedicated for public use shall be paved to full cartway width as shown on the final plan. In all cases, paving materials and workmanship shall conform to any and all Township regulations and specifications or the Pennsylvania Department of Transportation.

Subsurface drainage and all utilities shall be installed prior to placing the street surface.

Driveway and access drive entrances or aprons within the street right-of-way shall be surfaced to their full width, the type of surface to be concrete as specified by the engineering specifications for streets.

All street signs shall be installed prior to the Township issuing a certificate of occupancy for any structure on a newly created street.

§ 289-28 Sewage disposal.

Where a public sanitary sewer system is accessible to or plans approved by the Board of Supervisors provide for the installation of such public sanitary sewer facilities within six years, the developer shall provide the development with a complete sanitary sewer system ready to be connected to the existing or proposed sanitary sewer system.

The plan for the installation of a sanitary sewer system must be prepared for the development and approved by the Township Engineer and the Pennsylvania Department of Environmental Protection (DEP). Sewer line construction for dedication and Township operation must be to Township standards and approved by the Township Engineer. A full-time Township-approved inspector is required during all construction work. Review and inspection costs are the developer's responsibility. Storm sewers, roof and footer drains or sump pumps may not be connected to the sanitary sewer. The system must be constructed, inspected and offered for dedication to the Township. Prior to the Township assuming operation of the system, the Township must accept ownership by resolution.

Where installation of a public sanitary sewer system is not required, the developer or owner of the lot shall provide for each lot, at the time improvements are erected thereon, a private sewerage disposal system consisting of a septic tank, tile absorption field and an approved replacement field or other sewerage disposal system approved by the DEP and the Township Sewage Enforcement Officer. Development of any kind shall be prohibited on the absorption field and approved replacement field.

If on-site subsurface or alternate sewage disposal systems are feasible, they must be laid out in accordance with minimum standards of the Sewage Facilities Act (Act 537). The Township and/or the DEP must inspect and approve each on-site sewage disposal system.

§ 289-29 Water supply.

The plan for installation of a water supply system must be prepared for the development with cooperation of the appropriate water supplier. Upon completion of the water supply system, a reproducible as-built plan of the system must be filed with the Township.

Where the connection to a public water supply system is not possible or feasible, each lot must be provided with an individual water supply system prior to the issuance of a building permit. All such individual systems shall meet the applicable regulations of the DEP.

§ 289-30 Storm drainage.

Whenever the evidence available to the Board of Supervisors indicates that natural surface drainage is inadequate, the subdivider shall install a stormwater sewer system in accordance with approved plans and profiles. The system shall be designed by a registered engineer and be approved by the Township Engineer. (See also § 289-47.)

§ 289-31 Curbs and gutters.

Curbs shall be installed on both sides of all streets in subdivisions and land developments as herein specified. Curbs shall be the concrete vertical type. The transition from one type of curb to another shall be made only at street intersections, and adequate provisions shall be made for driveway entrances. Curbs and gutters are to be constructed within the street right-of-way according to Township specifications.

The installation of curbs may be waived by the Board of Supervisors only in the zoning districts and under the conditions specified in this subsection as follows:

In R-10, R-20, R-R Open Space and General Industrial Districts where the grade, alignment or width of the street has not been firmly established; provided, however, that the developer shall furnish to the Township financial security guaranteeing the installation of curbs at such time as the grade, alignment or width of the street has been firmly established.

§ 289-32 Sidewalks.

Sidewalks shall be installed on both sides of all streets in subdivisions and land developments as herein specified. Sidewalks shall be located, if possible, within the street right-of-way line and shall be a minimum of four feet wide, except that in the vicinity of shopping centers, schools, parks, recreation areas and other community facilities, they shall be a minimum of five feet wide. A four-foot-wide grass planting strip shall be provided between the curb and the sidewalk. Sidewalks shall be constructed of concrete at least four inches thick, underlain by four inches of three-fourths-inch crushed stone according to Township Construction and Engineering Specifications.

The installation of sidewalks may be waived by the Board of Supervisors in the zoning districts and under the conditions specified in this subsection as follows:

In R-10, R-20, R-R, Open Space and General Industrial Districts where the grade, alignment or width of the street has not been firmly established; provided, however, that the developer shall furnish to the Township financial security guaranteeing the installation of sidewalks at such time as the grade, alignment or width of the street has been firmly established.

In R-7 and R-10 Districts, if there are no existing sidewalks within 1,200 feet of the development. "Existing sidewalks" shall mean sidewalks in place of at least 250 feet in length.

In R-20, R-R and Open Space Districts, if there are no existing sidewalks as above defined within 600 feet of the development.

In a General Industrial District, if there are no existing sidewalks as above defined within 1,200 feet of the development; provided, however, the developer shall furnish to the Township financial security guaranteeing the installation of sidewalks at such time as sidewalks shall have been installed within 1,200 feet of the development but for a period not exceeding two years.

(5)

In any zoning district where the parcel of land is 10 or more acres with 100 feet or more of street frontage improved with not more than one residential structure with the remaining land devoted to and actually used for agricultural purposes.

(6)

In any zoning district where there are unique physical circumstances or conditions or exceptional topography peculiar to the particular property which make the installation of sidewalks impossible or impracticable.

(7)

The Township reserves the right at any future time, upon six months' notice from the Township, to require the owner of the property at the time to install at his own expense in accordance with the then-existing specifications of Springettsbury Township sidewalks along the entire frontage of each lot shown on the plan and curbs along every road within or adjacent to the development.

Notwithstanding the provisions of Subsection B, the requirement of the installation of sidewalks shall not be waived in any zoning district where the development is within 600 feet of a church, school, public park or playground or other community facility where existing or anticipated pedestrian traffic warrants the installation of sidewalks or where pedestrian traffic in the absence of sidewalks will pose a safety hazard to the pedestrian.

§ 289-33 Street name and street sign.

The subdivision shall be provided with street name signs at all intersections. Such signs shall conform to Township specifications as stated in the most current version of the Manual for Traffic Control Devices and shall be installed by the subdivider in a manner specified by the Township Engineer. All proposed street names must be approved by the Township.

§ 289-34 Fire hydrants.

Fire hydrants shall be required for all land developments provided with a water supply system. Fire hydrants shall be installed in accordance with the requirements of the Springettsbury Township Fire Chief and all applicable regulations.

§ 289-35 Landscaping and buffer yards.

In residential subdivisions of six or more lots, the developer shall provide a minimum of one tree per lot or one tree per 100 feet of street frontage or fraction thereof, whichever is greater. These trees are to be a minimum of 1 1/2 inch caliper, planted in the front yard area of the parcel and of a species provided in this section. In all other residential developments and in all commercial and industrial subdivisions and land developments, the developer shall provide buffer yards and landscaping in accordance with this section. Development within the Flexible Development District (F-D) shall follow landscape and buffer yard requirements indicated herein for developments within General Industrial (G-I) Districts.

Plant materials. Species selected by the applicant shall reflect the following considerations:

Existing site conditions and their suitability for plant materials, based upon the site's geology, hydrology, soils, existing vegetation and microclimate.

Specific functional objectives of the plantings, which may include, but not necessarily be limited to, visual screening, noise abatement, protective or safety barriers and aesthetic values.

(a)

Where screening is a functional objective, the predominant trees and shrubs shall be evergreen to provide year-round visual protection. Each buffer yard type shall contain the following percentages of evergreens:

[Amended 3-25-2010 by Ord. No. 2010-03]

Buffer yard 1: 20%.

Buffer yard 2: 40%.

Buffer yard 3: 60%.

Buffer yard 4: 80%.

Buffer yard 5: 100%.

Maintenance and replacement considerations such as hardiness, resistance to insects and disease, longevity, availability and cost of plant materials.

Buffer yard illustrations 1 through 6[1] depict the buffer yards required between two zones. The Board of Supervisors may require landscaping and buffer yard between nonresidential and residential uses when they abut within the same zone. The type of buffer yard required is shown on the Key to Landscaping and Buffer Yard Requirements Table.[2] The number of plant units required per 100 linear feet of yard is specified. The number of plant units per 100 linear feet is allowed to vary in accordance with the width of the buffer yard and plant-unit multiplier. The types of plants for each buffer yard are also specified. The requirements may be satisfied by any of the options illustrated within each buffer yard type. Canopy trees may be selected from the list of street trees, shade trees, evergreen trees and ornamental trees included herein.

[1]

Editor's Note: The buffer yard illustrations are included at the end of this chapter.

[2]

Editor's Note: The Key to Landscaping and Buffer Yard Requirements is included at the end of this chapter.

The plant-unit multiplier is a factor by which the basic number of plant units are permitted to increase or decrease given a change in the width of the yard. Existing plants may be used to satisfy the requirements. When a wall, fence or berm is required within a buffer yard, it is specified as a "structure required" and its specifications are given in Figure 1 of this chapter.[3] Within a buffer yard containing a fence or masonry wall:

At least 15% of the total plants required shall be between the fence or wall and the high intensity use.

Suitable species and varied heights of plants shall be chosen to effectively break up and absorb sound.

The wall or fence shall be located between the berm and the higher intensity use.

[3]

Editor's Note: Figure 1, Structural Elements, is included at the end of this chapter.

Site maintenance and guarantee.

All landscape and buffer yard requirements shall be installed and maintained by accepted practices as recognized by the American Association of Nurserymen. Planting and maintenance of vegetation shall include, but not necessarily be limited to, provisions for surface mulch, guy wires and stakes, irrigation, fertilization, insect and disease control, pruning, mulching, weeding and watering.

The applicant shall make arrangements acceptable to the Township for the property's long-term landscape maintenance. The applicant shall provide the names, addresses and telephone numbers of those persons or organizations who will be assuming such responsibilities.

At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and/or replacement of the proposed vegetation during an eighteen-month replacement period. In addition, an escrow may be required for the removal and replacement of specimen trees damaged during construction.

Before the applicant, its successors or assigns removes or replaces any landscaping or buffer yard vegetation, as shown on the landscaping plan which is part of the approved subdivision or land development plan, the owner shall present the Township with a revised landscaping plan, in conformance with this chapter, as it may be amended from time to time. The revised landscaping plan shall be reviewed by the Township Planning Commission. Upon approval by the Township Planning Commission, the revised landscaping plan shall become part of the approved subdivision or land development plan, and the owner may make the changes in vegetation as shown on the revised plan. Failure to obtain Township approval before removing or replacing vegetation shown on an approved landscaping plan shall be deemed a violation of this chapter, subject to all remedies and penalties set forth herein.

§ 289-36 Streetlights.

Streetlights shall be required to be installed in all subdivisions and land developments in all zoning districts and shall be in accordance with Township Construction and Engineering Specifications.

§ 289-37 Changes.

In cases where any of the foregoing requirements are not deemed appropriate by the Board of Supervisors to serve in the public interest, the Board of Supervisors reserves the right to increase, change, alter or substitute materials, manner and specifications for any utility or street improvement.

§ 289-38 Performance requirements.

No plan shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition or improved as may be required by this Subdivision and Land Development Ordinance and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewer, stormwater sewer, stormwater detention/retention basins or related drainage facilities, recreation facilities, open space improvements, landscaping or buffer yards required by this chapter, any other ordinance of the Township or as specified by the Board of Supervisors, have been installed or the installation of the same has been guaranteed, in writing, by the developer with financial security as hereinafter provided.

Guarantee of future performance. In lieu of the completion of any improvements required as a condition for the final approval of a plan, the developer may deposit with the Township financial security 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. The developer shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit.

Such financial security shall be secured to the Township within 90 days of conditional approval of a final plan. The conditional approval shall expire and be deemed to be revoked if the financial security is not provided within 90 days, unless a written extension is granted by the Board of Supervisors; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

Without limitation as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, 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 the purposes of this section.

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.

The amount of financial security to be posted for the completion of the required improvement 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 municipality may adjust the amount of the financial security by comparing the actual cost of the improvements as of the expiration of the 90^th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the municipality may require the developer to post additional security to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

(5)

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the developer and prepared by a professional engineer and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and certified by another professional engineer chosen mutually by the Township and the 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 chosen, fees for the services of said engineer shall be paid equally by the Township and the developer.

Long-term projects. 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 loan amount, not exceeding 10% 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.

Release or reduction of financial security. As the work of installing the required improvement proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing, by certified or registered mail, addressed to the Board of Supervisors, with a copy to the Township Engineer. The Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer 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 Board of Supervisors 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 or, if the Board of Supervisors fails to act within said forty-five-day period, the Board of Supervisors shall be deemed to have approved the release of funds as requested. The Board of Supervisors may, prior to final release at the time of completion and certification by its engineer, require retention of 10% of the estimated cost of the aforesaid improvements

Dedication and maintenance.

Dedication. Upon installation and completion of all required improvements in a manner satisfactory to the Township, evidenced by the Township's approval, in writing, or by inaction of the Board of Supervisors upon the developer's request for release of financial security, the developer shall make a written offer of dedication to the Township of all the improvements intended for public use. The Board of Supervisors shall thereupon by resolution accept all or such portions of the improvements offered for dedication as the Board shall, at its sole discretion, determine, provided the developer shall have filed with the Township financial security for the maintenance of the accepted improvements as hereinafter set forth. See Exhibit A at the end of this chapter for a list of documentation typically required.[1]

[1]

Editor's Note: Exhibit A, Township Dedication Checklist, is included at the end of this chapter.

Financial security for maintenance. Before the Board of Supervisors shall accept an offer of dedication for all or any portion of the public improvements installed and completed by the developer, the Board shall require the developer to file with the Township construction record plans of all public improvements and a written guarantee of the structural integrity of the offered improvements and the functioning of the same in accordance with the design and specifications of the approved plan for a period of 18 months; such written guarantee shall be secured to the Township by one of the forms of financial security specified in this section in an amount not exceeding 15% of the actual cost of the dedicated improvements.

Public utilities and municipal authorities. Where water mains and/or sanitary sewers and such apparatus and facilities as relate thereto are to be installed and completed by the developer as a requirement of an approved plan, such improvements shall be installed under the jurisdiction and pursuant to the rules and regulations of the public utility or municipal authority to which such improvements are intended to be assigned or dedicated, and the financial security therefor shall be filed in accordance with the rules and regulations of the controlling public utility or municipal authority, and no financial security shall therefore be required by the Township as provided in this chapter. "Municipal authority" as used in this section shall not mean or include the Springettsbury Township, and any sanitary sewers and appurtenant facilities required for any subdivision or land development shall be secured and installed as provided in this chapter.

Building permits. Where a developer has filed financial security as provided in the foregoing section of this chapter, the issuance of building, grading, occupancy or other permits for or within the development shall not be withheld or conditioned upon the installation of the required improvements; provided, however, that occupancy permits for any buildings erected may be withheld until the improvement of the streets providing access to and from existing public streets and such building shall be mud-free or otherwise in a permanently passable condition and all other required improvements necessary for reasonable use or occupancy of such buildings have been installed. The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property that has been developed or that has resulted from a subdivision of real property in violation of this chapter. This authority to deny such permit or approval shall apply to any of the following applicants:

The owner of record at the time of such violation.

The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.

The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township may require compliance with the condition that would have been applicable to the property at the time the applicant acquired an interest in such real property.

Default by developer.

In the event that a developer defaults on an agreement guaranteeing the installation and completion of any required improvements or defaults on an agreement guaranteeing the maintenance of any such improvements after acceptance of dedication by the Township, the Township may cause any required improvements to be installed and completed or maintenance performed and enforced against the financial security recovery of the cost of the same by any appropriate legal or equitable remedy.

Where the financial security shall be a corporate surety bond, reasonable opportunity shall be given the surety company to install and complete the required improvements or perform any required maintenance, but absent such performance by the surety company, the Township shall by its own personnel and equipment or by contract with a responsible contractor install and complete the improvements or perform the maintenance and collect all necessary cost thereof from the surety company.