Township of Hatfield, PA Required Improvements

The Board of Commissioners may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and the purpose and intent of this chapter are observed.

All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.

The request for modification shall be referred to the Planning Commission for advisory comments.

The Board of Commissioners shall keep a written record of all action on all requests for modifications as part of the minutes of the Board of Commissioners.

§ 250-48 Plans.

Responsibility for plans. It shall be the responsibility of the owner and/or developer of every proposed subdivision and/or land development to have prepared by a registered engineer, or registered land surveyor in accordance with the Professional Engineers Registration Law, 63 P.S. § 148 et seq.,[1] a complete set of construction improvement plans, grading plans and utility plans, including profiles, cross sections, specifications and other supporting data, for the hereinafter required public and private streets, utilities and other facilities. All construction plans shall be prepared in accordance with the following public improvement standards or specifications.

Editor's Note: Now entitled the "Engineer, Land Surveyor and Geologist Registration Law."

Revision of plans. When changes from the accepted drawings and specifications become necessary during construction, written acceptance by the Board of Commissioners with the advice of the Engineer shall be secured before the execution of same. Changes to the approved plans and specifications, when they involve an alteration to the scope of the project, shall require written approval of the Board of Commissioners.

§ 250-49 Streets.

General. The construction of streets, roads, lanes, and driveways as shown upon final plans and as contained in contract agreements shall in every respect conform to such requirements as the Township may by resolution or specifications require for the construction of streets as specified in Articles V and IX of this chapter and the details contained in the appendix.[1]

Editor's Note: Appendixes are included at the end of this chapter.

Specifications.

The minimum requirements for improvements shall be those contained in the Pennsylvania Department of Transportation's specifications (Form 408) and construction details, as last revised.

Limits of grading. All streets shall be graded to:

The grades shown on the street profiles and cross-section plan submitted and approved with the final plan.

The full width of the right-of-way or to the limit of slope beyond the right-of-way for which proper easements have been secured.

In accordance with the provisions of this chapter, Article IX and the appendix.[2]

Editor's Note: Appendixes are included at the end of this chapter.

Limits of street improvements. Along the existing streets on which a subdivision or land development abuts (hereinafter called a "boundary street"), improvements shall be made to the street. The improvements to the boundary street shall be determined by the width of the required cartway and built to the specifications established by the Township or Pennsylvania Department of Transportation. No newly constructed or newly resurfaced street or road may be opened or cut after completion for a period of five years except for emergency activity, or as directed by the Board of Commissioners of Hatfield Township. All boundary streets shall be widened to the width as specified and overlaid with a 1 1/2 inch minimum ID-2 wearing course to the center line thereof.

Wherever a land development borders an existing or proposed signaled intersection, overhead street identification signs shall be provided in addition to ground-mounted signs.

Street signs.

The developer shall erect at every street intersection a street sign or street signs having thereon the name of the intersecting streets. At intersections where streets cross, there shall be at least two such street signs, and at an intersection where one street ends or joins with another street, there shall be at least one such street sign.

Street signs are to be erected upon installation of the binder course or upon issuance of the first building permit, whichever occurs first. Temporary street signs may be erected on the approval of the Township but shall be made permanent before final offer for the dedication of roads is made.

The developer shall place any and all necessary traffic control or safety signs as required by the Township.

Lamps and lights.

Post lamps shall be installed at each driveway, within five feet of the sidewalks or right-of-way line (in absence of a sidewalk). Post lamps shall contain a photocell to allow dusk-to-dawn operation and shall not be capable of being controlled by a switch within or outside the home or dwelling.

Streetlights. Where required by the Township and/or appropriate, the owner/developer shall install, or cause to be installed, at the owner's/developer's expense, metal pole streetlights service by underground conduit in accordance with a plan to be prepared by the owner's engineer and approved by the respective utility company and by the Township. The type of fixture, height, wind rating and pole shall be submitted to the Township for approval. The equipment of metal poles may be waived in such instances due to the existence of wooden poles already in place. Provisions shall be made for energizing said lighting after 25% of the dwellings in a given subdivision or land development have been occupied. The owner shall be responsible for all costs involved in lighting the streets until such time that the streets are accepted or condemned as public streets by the Township.

Intersection safety lights. Where required by the Township, the developer shall install streetlights meeting Township specifications at intersections of existing or newly created public streets or entrances/driveways to private facilities as deemed necessary by the Township Board of Commissioners.

Street maintenance. All developers and/or subdividers shall maintain the areas within the streets, parking areas and all improvements as required by the plan, whether to be publicly owned or privately owned, to the satisfaction of Hatfield Township. Any paved areas, curbs, sidewalks, driveway aprons or widened areas shall be repaired and brought to current Township standards when directed by the Township. Any developer failing to maintain the street or parking areas shall be subject to fines, penalties or garnishment of the escrow account for the costs of said repairs. If so requested, the Hatfield Township Board of Commissioners may require an escrow be established for maintenance of street or parking areas, including the cost of snow removal. Any and all areas of streets deemed to be damaged or in need or replacement by the Engineer shall be repaired to the Engineer's satisfaction prior to placement of the final wearing course.

Emergency access. If a single public right-of-way point of access is proposed for a subdivision or land development, the Board of Commissioners may require an emergency access be constructed, leading to another improved and dedicated public right-of-way.

Handicapped ramps. Adequate provisions for handicapped ramps to comply with the Americans With Disabilities Act (ADA) shall be made.

§ 250-50 Monuments.

Concrete monuments (four inches square at the top, six inches square at the bottom, thirty-inch depth) with a three-fourths-inch rebar center shall be placed at each change in the direction of a boundary, at point of curvature (PC) and point of tangency (PT), and on one side of all right-of-way lines. Concrete monuments, four inches square and 30 inches long, shall be planted to a depth of 28 inches at each corner of any open space area or retention basin area to be dedicated to Hatfield Township. All other property corners, wetland areas, easement areas and protective covenant areas shall have iron pins placed to a depth of 24 inches with a minimum size being 5/8 of an inch steel. All center-line points of intersection, points of curvature (PC) and points of tangency (PT) shall be marked with a placement of a railroad spike or PIC nail after final roadway paving.

All survey monumentation, as required under this section, shall be placed within 45 days of the completion of final grading and paving within any subdivision or land development within Hatfield Township.

All monuments and pins shall be checked for accuracy and certified by a registered professional engineer or registered professional land surveyor in writing to the Township prior to acceptance of any development into dedication. Accuracy of said monuments and pins shall be within 0.03 foot.

All open space areas, retention basins and open areas dedicated to Hatfield Township or reserved for dedication in Hatfield Township shall have placed, as required in Subsection A, above, appropriate metal posts and signs denoting "NO DUMPING BY ORDER OF HATFIELD TOWNSHIP." Sign size, type and location shall be approved by Hatfield Township.

§ 250-51 Sidewalks.

Sidewalks shall be constructed as required by § 250-31. These standards shall apply on all new streets, existing streets and boundary streets.

Handicapped ramp areas shall be installed at all street intersections and at locations designated by the Township to comply with the Americans With Disabilities Act (ADA).

§ 250-52 Curbs.

Curbs shall be provided as required in § 250-30.

All curbs shall be designed and constructed in accordance with the standards and specifications of the Township included herein and referenced in the appendix.[1]

Editor's Note: Curb construction detail are provided in Appendix F, which is included at the end of this chapter.

Depressed curbs shall be provided with handicapped ramps in accordance with the requirements of the Americans With Disabilities Act (ADA).

§ 250-53 Drainage collection and stormwater management facilities.

This section should refer to compliance with § 250-33 and the stormwater ordinance requirements.

The owner shall construct stormwater drainage facilities, including curbs, catch basins and inlets, storm sewers, culverts, road ditches, open channels, swales, concrete headwalls, low-flow channels, erosion protection, detention and retention basins and other structures in order to prevent erosion, flooding and other hazards to life and property. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, and size, type and installation of all storm drains and sewers shall be constructed in accordance with the approved plans.

Calculations of drainage areas, rainfall intensity based on design of storm frequencies and co-efficiency of rainfall runoff shall be in accordance with the provisions of the Hatfield Township Stormwater Management and Grading Ordinance,[1] as amended, and shall be submitted to the Township Engineer for his review and approval or disapproval.

[Amended 12-19-2012 by Ord. No. 640]

Editor’s Note: See Ch. 242, Stormwater Management.

All storm drainage facilities shall be constructed of reinforced concrete pipe unless alternate construction is approved by the Hatfield Township Commissioners considering the advice of the Township Engineer.

§ 250-54 Sanitary sewerage.

Public sanitary sewers.

Wherever practical, sanitary sewers shall be installed and connected to the Hatfield sanitary sewer system. Where a sanitary sewer is not yet accessible but is planned for extension to the subdivision, the subdivider shall install sewer lines, including lateral connections, as may be necessary to provide adequate service to each lot when connection with the municipal sanitary sewer system is made. The sewer lines shall be suitably capped at a minimum of 10 feet behind the limits of the subdivision, and the laterals shall be capped at the right-of-way line. The sewer installation shall include the construction within the right-of-way or easements to bring the sewer to the future connection with the Township sanitary sewer system.

A sewer shall be considered to be planned for extension to a given area any time after preliminary engineering and related studies have been completed and the construction of facilities adequate to serve the area containing the subdivision has been programmed for completion within five years. The owner shall be required to install or cause to be installed at his expense sanitary sewers and sewer laterals to the street line or right-of-way line in accordance with the requirements and standards of the Hatfield Township Municipal Authority, and shall cap all laterals.

When capped sewers are provided, on-site disposal facilities shall also be provided. On-site sanitary disposal facilities shall be abandoned in accord with Pennsylvania Department of Environmental Protection and Montgomery County Health Department standards when capped sewers are connected to the Hatfield Township Municipal Authority system.

All public sanitary sewers shall be designed and constructed in accordance with the "Sewage Manual" issued by the Pennsylvania Department of Environmental Protection and the Hatfield Township Municipal Authority standards.

No public sanitary sewers, collection systems or treatment plant shall be constructed until plans and specifications have been submitted to the State Department of Environmental Protection and the Hatfield Township Municipal Authority and approved in accordance with existing laws.

Final acceptance of the sanitary sewer installation shall be indicated formally by the Hatfield Township Municipal Authority to the Board of Commissioners of Hatfield Township and the Township Engineer. Final acceptance shall be based on but not be limited to the inspection of the sewer lines by television methods, air pressure testing, vacuum testing or water testing and the payment of television and inspection costs and other fees incurred and established by the Hatfield Township Municipal Authority.

As a result of the Hatfield Township Municipal Authority sewage system having to upgrade its capacity from time to time and the sewer plant having limitations for handling and disposing of the same, all of which will require capital expenditure for every landowner or developer, as the case may be, having a land development plan or subdivision plan approved, there will be required and paid a capital contribution to Hatfield Township for the purpose of enabling the Township to expand its sanitary sewer facilities, which shall include sewer lines, sewage pumping stations, and sewage treatment plant.

(6)

The contribution for each type use shall be paid as specified in the fee schedule as enacted, from time to time, by the Board of Commissioners. The contribution or expenditure shall be paid at the time the subdivision plan and land development plan is approved and prior to the issuance of a building permit or as designated by the Board of Commissioners. The contribution shall be placed in a sinking fund for sewer or collection system expansion.

Private sewage disposal system.

If public sewer facilities are not available, the owner shall provide for sewage disposal on an individual lot basis according to the rules, regulations, terms, definitions and conditions of the current Department of Environmental Protection's requirements for individual sewage disposal systems and Montgomery County Health Department standards, rules and regulations.

When on-lot sewage disposal facilities are proposed, a satisfactory Department of Environmental Protection planning module must be received by the Township before approval of the final plan.

On-lot sewer and water locations. The dimensioned locations of the on-lot sewage system, the well and the dwelling unit must be shown on the plan prior to the issuance of a building permit.

§ 250-55 Water supply.

Public water supply.

Where public water is available, the owner shall construct water mains in such a manner as to make adequate water service available to each lot or dwelling unit within the subdivision or land development. A minimum pressure of 30 pounds per square inch shall be provided at each house, dwelling unit or other building to be connected to the water supply main. The water quality and supply must comply with the regulations and standards of the State Department of Environmental Protection and the local water authority.

The system shall also be designed with adequate capacity and appropriately spaced fire hydrants for fire-fighting purposes. Review and approval by the appropriate municipal or volunteer fire official shall be required in order to insure that adequate fire protection is provided.

Quasi-public water supply.

If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Commissioners that the subdivision is to be supplied by a certified public utility, by a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable.

The developer shall provide copies of all signed agreements with the water companies evidencing payment of all fees and guaranteeing adequate supply for the development.

Private water supply. Where no public water is accessible, water shall be furnished by the owner on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the well shall be of the drilled type, cased and grout-sealed into the bedrock. The well will be required to have a production of not less than six gallons per minute as established by Bailor tests, and certified by the well driller. Before being placed in consumer use, it shall conform to the requirements of the Pennsylvania Department of Environmental Protection and Montgomery County Health Department and shall be disinfected by the use of sodium hypochlorite or other acceptable solutions and a sample bacteriological examination collected by a licensed water analyst.

§ 250-56 Miscellaneous utilities; electric, telephone and communications facilities.

All electric, telephone and cable TV communications service facilities, both main and service lines, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility and other companies providing such services, except where it is demonstrated to the satisfaction of the Board of Commissioners that the underground installation required herein is not feasible because of the physical conditions of the land involved.

Where practicable, all utilities shall be located within the street right-of-way; otherwise, easements or rights-of-way of sufficient width for installation and maintenance shall be provided and shown on the record plan prior to recording.

Final plans shall show locations of all utilities and shall be coordinated with required street tree planting and placement of final survey monumentation.

Actual location of transformers, junction boxes, conduit, wire, cable and other appurtenances shall be shown on a utility plan and approved by the Township prior to final plan approval.

§ 250-57 Grading.

Grading shall conform in all respects to the approved plan.

All stormwater conveyance facilities, swales and retention basins shall be as built to ensure compliance with the approved plans.

No subsequent property owner shall allow, impede, or otherwise change the grading patterns of the approved plan.

All grading shall be designed and constructed as required by the provisions of the Hatfield Township Stormwater Management and Grading Ordinance,[1] as amended.

[Added 12-19-2012 by Ord. No. 640]

Editor's Note: See Ch. 242, Stormwater Management.

§ 250-58 Landscaping.

All required planting shall be done in accordance with § 250-38 of this chapter and the following:

All landscape improvements shall be installed and be maintained by accepted practices as recognized by the American Society of Landscape Architects and/or American Association of Nurseryman's Standards. Planting and maintenance of vegetation shall include, but not be limited to, provision for mulch, guy wires and stakes, fertilization, watering, insect control, disease control and pruning.

The applicant shall make arrangements acceptable to the Township that all landscape improvements installed in accordance with this chapter shall be maintained in a healthy and/or sound condition, or otherwise be replaced by equivalent improvements, for a period of at least 18 months following their installation, except as otherwise required by this chapter.

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 which will be assuming such responsibilities.

§ 250-59 Community facilities.

Additional community facilities, recreational facilities, open space areas or play areas may be required to serve the proposed lots or dwellings in a subdivision or land development. Where a proposed park, playground or other public facility shown in the Comprehensive Plan or Community Facilities Plan or parts thereof is located in whole or in part in a subdivision or land development, the dedication or reservation of such area may be required by the Board of Commissioners in those cases in which it deems such requirement to be reasonable. Community facilities shall be provided and comply with § 250-42 of this chapter.

Where the Board of Commissioners deems additional recreational facilities are necessary as part of any subdivision or land development, the owner/developer shall grade as necessary and install any equipment to make such facilities available for use.

§ 250-60 Special drainage problems.

Floodplain areas.

The Township deems it necessary for the health, comfort, safety or welfare of the present and future population of the area, and necessary to the conservation of water, drainage, and sanitary facilities, to prohibit subdivision and land development of any portion of the property which lies within the floodplain area of any stream or drainagecourse per the requirements of Article XXII of the Zoning Ordinance adopted by the Board of Commissioners.[1]

Editor's Note: See Ch. 282, Zoning.

The areas referred to in Subsection A(1), above, shall be preserved from any and all destruction or damage by clearing, grading, filling, cutting or dumping of earth, waste material, stumps or other material of any kind.

Special exceptions may be granted under the Zoning Ordinance by the Zoning Hearing Board in accordance with the requirements of Article XXVIII.

Whenever a stream or important drainagecourse is located within or along a proposed subdivision, the Township shall determine the method of preservation of such stream or drainagecourse, whether it shall be altered or otherwise left open in an appropriately constructed channel, or whether closed drainage structures, or left in its natural state. Said determination shall be incorporated into the plan. The Township will request fee simple dedication along such stream or drainagecourse, sufficient in extent and width (but not less than 20 feet wide), to provide proper space for the necessary public stream if it is to be left in the natural state, and for protection of the health and safety of abutting property owners and the public generally from floodwaters.

All new or replacement sanitary sewer systems, whether public or private, located in the floodplain areas shall be floodproofed up to a point 1 1/2 feet above the one-hundred-year flood elevation.

(6)

All new or replacement water systems, whether public or private, in floodplain areas shall be floodproofed to a point 1 1/2 feet above the one-hundred-year flood elevation.

(7)

All other new or replacement public or private utilities and facilities in floodplain areas shall be elevated or floodproofed to a point 1 1/2 feet above the one-hundred-year flood elevation.[2]

Editor's Note: Former Subsection B, Sump pump drainage, and Subsection C, Downspouts, which immediately and respectively followed this subsection, were repealed 12-19-2012 by Ord. No. 640.

§ 250-61 Completion of improvements or guarantee thereof prerequisite to final plat approval.

No plat shall be finally approved unless the streets shown on such plat have been improved to a mudfree or otherwise permanently passable condition or improved as may be otherwise required by this chapter and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees otherwise required by this chapter, 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.

When requested by the developer, in order to facilitate financing, the Board of Commissioners shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record 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 a written extension is granted by the Board of Commissioners; 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 that 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 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 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 this subsection.

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the 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 the 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 services of said engineer shall be paid equally by the Township and the applicant or developer.

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.

In the case where development is projected over a period of years, the Board of Commissioners may authorize submission of final plats by sections 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.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Commissioners 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 addressed to the Board of Commissioners, and the Board of Commissioners shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Commissioners that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the Board of Commissioners 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 Commissioners fails to act within said forty-five-day period, the Board of Commissioners shall be deemed to have approved the release of funds as requested. The Board of Commissioners 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.

Where the Board of Commissioners accepts dedication of all or some of the required improvements following completion, the Board of Commissioners may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat 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 in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.

If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.

If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the Township shall not condition the issuance of building, grading or other permit relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mudfree or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.

Maintenance responsibility and guarantees; stormwater management facilities.

The maintenance responsibilities for permanent stormwater runoff control facilities shall be determined based upon the type of ownership of the property which is controlled by the facilities.

Single-entity ownership. Where the permanent stormwater runoff control facilities are designed to manage runoff from property in a single-entity ownership as defined below, the single-entity owner shall be responsible for maintenance of the stormwater control facilities. The stated responsibilities of the entity related to owning and maintaining the facilities shall be submitted with the stormwater management plan for determination of their adequacy. Approval of the stormwater management plan shall depend upon the approval of these terms. These terms shall be in writing, shall be in recordable form, and shall, in addition to any other terms deemed necessary by the Hatfield Township Board of Commissioners, contain a provision permitting inspection at any reasonable time by the Township Engineer of all such facilities deemed critical in the public welfare. A "single entity" shall be defined as an association, public or private corporation, partnership firm, trust, estate or any other legal entity empowered to own real estate exclusive of an individual lot owner.

Municipal ownership.

Where the Hatfield Township Board of Commissioners has accepted an offer of dedication of the permanent stormwater management facilities, the Hatfield Township Board of Commissioners shall be responsible for maintenance. Upon approval of the stormwater management facilities by the Hatfield Township Board of Commissioners, the developer shall provide a financial security, in a form approved by the Hatfield Township Solicitor of maintenance guarantees, as follows:

[a]

Construction maintenance bond. The Hatfield Township Board of Commissioners may require the posting of a maintenance bond to secure the structural integrity of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required in this section with regard to installation of such facilities, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said facilities. A cash contribution can be used as the financial security in lieu of a maintenance bond, although the contribution must be equivalent to the amount that would be estimated for the maintenance bond.

[b]

Long-term maintenance bond. The long-term maintenance bond shall be as set forth in Ord. No. 393, as adopted by the Hatfield Township Board of Commissioners, on August 23, 1989.

[c]

Documentation. The terms of the maintenance guarantees shall be documented as part of the stormwater management plan as per this chapter.

For certain types of facilities, the Hatfield Township Board of Commissioners may benefit by transferring the maintenance responsibility to an individual or group of individuals residing within the controlled area. These individuals may have the permanent stormwater control facilities adjacent to their lots or otherwise have an interest in the proper maintenance of the facilities. In these instances, the Hatfield Township Board of Commissioners and the individual(s) may enter into a formal agreement for the maintenance of the facilities whereby Hatfield Township shall maintain ownership of the facilities and be responsible for periodic inspections.

Individual lot ownership. Where any stormwater management facility is located on an individual lot and maintenance thereof is the responsibility of the landowner, a description of the facility or systems and the terms of the required maintenance shall be incorporated as a part of the deed to the property. The deed shall be recorded with the County Recorder of Deeds within 45 days following the Hatfield Township Board of Commissioners' approval. In addition, the Hatfield Township Board of Commissioners may require as a condition of approval that a deed conveying any interest in such lot contain language indicating that the conveyance is subject to an express covenant by the grantee that the grantee will maintain the stormwater management facility.

(d)

Multi-entity ownership. In cases where property is in multiple ownership (i.e., many individual ownerships of various portions of the property on which stormwater facilities are located), the developer(s) shall enter into an agreement with the Township to determine the maintenance of the permanent stormwater facilities. If maintenance is prescribed for each individual lot owner, the requirements of § 250-61N(1)(c) above shall apply.

The failure of any person, individual lot owner or private entity to properly maintain any stormwater management facility shall be construed to be a violation of this chapter and is declared to be a public nuisance, subject to Article IV, Jurisdiction and Penalties.

§ 250-62 Release from improvement bond.

When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Commissioners, 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 of Commissioners 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 Board of Commissioners, 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 from the Board of Commissioners; 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 Board of Commissioners shall notify the developer, within 15 days of receipt of the Engineer's report, in writing by certified or registered mail of the action of said Board of Commissioners with relation thereto.

If the Board of Commissioners or the Township Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

If any portion of the said improvements shall not be approved or shall be rejected by the Board of Commissioners, the developer shall proceed to complete the same, and upon completion, the same procedure of notification, as outlined herein, shall be followed.

Nothing herein, however, shall be construed in limitation of the developer's right to contest or question, by legal proceedings or otherwise, any determination of the Board of Commissioners or the Township Engineer.

Where herein reference is made to the Township Engineer, he shall be as a consultant thereto.

The applicant or developer shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements according to a schedule of fees adopted by resolution of the Board of Commissioners and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.

In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Township that such expenses are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.

If, within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the Township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.

The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.

In the event that the Township and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Township is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Township Engineer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding five years.

The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.

§ 250-63 Remedies to effect completion of improvements.

In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plat, the Board of Commissioners is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If the 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 Commissioners 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 moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose.

§ 250-64 Park/open space.

Dedication of park/open space lands.

The developer or applicant shall offer for dedication land suitable for park or recreation use to Hatfield Township. Land shall not be offered for dedication until the completion of any necessary and agreed-upon public improvements on the land proposed to be dedicated have been completed by the developer or applicant. All improvements shall be completed prior to 50% of the homes in the subdivision being occupied.

The amount and location of land to be offered for dedication to the Township shall bear a reasonable relationship to the incremental need for additional park and recreation facilities in the Township created by the additional residents or occupants of the proposed development. At a minimum, the following criteria for dedication of park and recreation areas to the Township shall apply:

Residential subdivision or land development. The amount of land to be offered for dedication for park and recreation areas in residential subdivision or land developments of three or more individual dwelling units, whether they are single-family dwellings or contained within a multifamily (two or more units assembled together in any fashion) arrangement: 10% of the land shall be dedicated.

Nonresidential subdivision or land development. The amount of land to be offered for dedication for park and recreation areas in a nonresidential subdivision or land development: 10% of the land shall be dedicated.

The land dedicated to the Township for park and recreation purposes need not be a part of the land development or subdivision and may be located on a separate parcel of land, provided that the Board of Commissioners determines that the land offered for dedication is convenient to the subdivision or land development. The developer, with the approval of the Board of Commissioners, may construct park and recreation facilities at existing Township facilities or facilities of another developer to satisfy the requirements of this section. Park and recreation facilities which are available to all Township residents, as opposed to facilities which are available only to the residents of a particular subdivision and or land development, are encouraged.

(d)

No more that 25% of the park and recreation space may consist of floodplain areas or areas with slopes in excess of 8%. Floodplain and steep slope areas may not be used for active recreation.

(e)

The land to be offered for active recreation must be suitable for active recreation by reason of its size, shape, location and topography.

(f)

The land to be offered for passive recreation must be suitable by reason of its size, shape, location and topography for walking, hiking and similar passive recreation.

When land is offered for dedication, notwithstanding the foregoing, the land must meet the minimum lot size for the district within which it is offered for dedication.

Any land offered for dedication to the Township shall be used only for the purpose of providing park and recreation facilities.

When land is offered for dedication, acceptance by the Township shall be by means of a signed resolution to which a property description of the dedicated recreational area shall be attached.

(6)

Where a developer dedicates land, the acquisition value of the land plus any improvements placed on the land for park and recreation purposes must equal or exceed the fee in lieu of dedication as established by the Board of Commissioners from time to time. If the value of the fee in lieu of dedication is not met or exceeded, the developer must supply the balance of his obligation to supply park and recreation facilities by one or more of the alternatives set forth in this chapter.

(7)

Criteria for locating recreation areas. The Planning Commission and the Board of Commissioners, in exercising their duties regarding the review of the subdivision and land development plans, shall consider the recommendations of the Park and Recreation Advisory Committee as well as the following criteria in determining whether to approve the proposed recreation plan submitted by the developer/applicant. A recreation plan shall include both the use and the location of the proposed park and recreational area in an applicant's subdivision or land development.

Land being offered for dedication shall be easily and safely accessible. For a park being dedicated to the Township, the proposed park and recreation area shall be located in the front of the subdivision, with direct access onto the external street to which the subdivision has access. If the land is to be dedicated to a homeowners' association, it may be located in the interior of the subdivision in a location that is convenient to all of the residents of the subdivision.

The geometry of the land being dedicated shall be as close to square as is reasonably possible.

Land being offered for dedication shall be a single contiguous parcel.

(d)

Land being offered for dedication shall have suitable topography and soil conditions for use and development as a recreation area.

(e)

Land being offered for dedication shall be directly accessible to essential utilities, such as sewer, water and power. If water, sewer and power are not available, the developer/applicant shall provide the necessary utilities to the site.

(f)

Land being offered for dedication shall be provided with off-street parking to serve the proposed facilities.

(g)

Sidewalks and/or a trail must be provided to the land being offered for dedication to allow all residents of the subdivision to have access to the proposed park and recreation facilities.

(h)

The land being offered for dedication shall be in conformance with the Township's Comprehensive Plan.

(i)

Where the proposed subdivision or land development is located adjacent to existing park and recreation facilities, the land offered for dedication shall be adjacent to the existing park and recreation facilities and shall be contiguous thereto. The land being offered for dedication shall be laid out to maximize the usefulness of the combined facilities as a single unified park and recreation facility.

(8)

Alternatives to dedication of land.

Fee in lieu of dedication.

Where the Board of Commissioners determines that, because of the size, shape, location, access, topography or other physical features of the land or any other need of the Township, it is impractical to dedicate land to the Township as required by the chapter, the Commissioners may permit dedication of the land to a homeowners' association. If the Board of Commissioners determines that it is impractical or undesirable to dedicate land to either the Township or the homeowners' association, the Commissioners shall require a payment of a fee in lieu of the dedication of such land form the applicant/developer to the Township. The fair market value of the undeveloped land that otherwise would have been required for dedication.[1] Fair market value of land in lieu of which the fee is paid shall be determined by agreement of the Board of Commissioners and the applicant/developer. In the event the Board of Commissioners and the applicant cannot agree upon the fair market value of the land, then an MAI appraisal shall be supplied and paid for by the applicant and reviewed by the Board of Commissioners. The appraisal shall be prepared by a recognized, licensed, competent real estate appraiser with no interest, financial or otherwise, in the affected property or application. The Board of Commissioners reserves the right to obtain its own appraisal, and in the event the Township appraisal is valued at less than 10% greater than the applicant's appraisal, the value shall be the difference between the two.

Editor's Note: So in original.

Any fee in lieu of dedication which is collected by the Township shall be used only for the purpose of providing park and recreation facilities within Hatfield Township.

[3]

A fee authorized under this subsection shall, upon its receipt by the Township, be deposited in an interest-bearing account, designated the Hatfield Township Park and Recreation Fund. Interest earned on the account shall become funds of that account. Funds from the account may only be expended on specific park and recreation facilities approved by the Board of Commissioners.

[4]

Upon request of any person who paid fees under this subsection, the Township shall refund such fee, plus interest accumulated thereon from the date of the payment, if the Township has failed to utilize the fee paid for the recreation purposes within five years from the date such fee was paid unless return of fee has been waived by written agreement between the applicant/developer and the Township.

Improvements to park facilities.

With the approval of the Board of Commissioners, the applicant/developer may perform improvements to park and recreation facilities as identified by the Board of Commissioners.