[Amended 10-12-1999 by Ord. No. 3-1999]
A. All streets, storm drains, sewers and sewer laterals,
water mains and services, monuments, street signs and other public
improvements required shall be installed in accordance with the approved
plans, the applicable provision of the Pennsylvania Department of
Transportation Specifications, Form 408, dated 1976, or the latest
revision thereof, or other applicable regulations. The construction
or installation of all public improvements shall at all times be subject
to inspection by a designated representative of the Township. At a
minimum, inspections shall be conducted upon completion of rough grading
and installation of storm drainage facilities to determine the stability
of the subgrade and to determine if grading the installation of storm
drainage facilities are in accordance with the approved plans, at
the completion of fine grading and before base is applied, installation
of paving and upon completion of all work. The Township may require
the installation of additional base, special subgrade materials, under
drains or other facilities or materials required to obtain a stable
road base.
B. With specific regard to the construction and maintenance
of erosion and sedimentation controls, the following shall be completed:
(1) The developer shall acknowledge on the Township copy
of the plans that he has reviewed the erosion and sedimentation plan
and will adhere to the designs, the sequence of construction and other
requirements of the plan. The developer shall require the grading
contractor and individual and/or separate lot buyers or developers
to similarly acknowledge the plan before beginning work on the site.
(2) A meeting must be held at least one week before construction
of site facilities is started at which the Township Engineer, the
Township inspector, the developer, the grading contractor and a representative
of the Chester County Conservation District will be in attendance.
This meeting will be held to review the sequence of construction and
other plan related matters. Any changes to the plan must be submitted
in writing and be approved by the Engineer and the Conservation District.
(3) Until the site is stabilized, all erosion and sedimentation
controls must be maintained, including inspection of all controls
after each runoff event and on a weekly basis. All preventative and
remedial work, including cleanup, repair, replacement, regrading,
reseeding, remulching and rematting, must be performed immediately.
(4) The Township may elect to have the final road inspection
conducted by representatives of the Pennsylvania Department of Transportation,
and the acceptance of the road may be subject to approval of that
Department. If any inspection reveals that work is not in accordance
with approved plans and specifications or that construction is not
being done in a workmanlike manner, said representative is empowered
to stop work and/or to require corrections to be made. The developer
shall notify the Board of the schedule of anticipated road or other
improvement construction 24 hours before commencement of each inspection
stage noted herein before.
C. If, during the course of site construction inspections, the Township Engineer determines that the developer and/or its grading contractor, in spite of the acknowledgment required in §
95-36B(1) hereof, is not in compliance with the designs, sequence of construction or other requirements of the approved erosion and sedimentation control plan, the Township Engineer shall have authority to take any one of more of the following steps.
(1) Issue a verbal and/or written notification of noncompliance
with the erosion and sedimentation control plan. Where an initial
verbal notification is given, it shall be followed up by written notification
specifying the areas of noncompliance.
(2) Issue a demand for correction of all areas of noncompliance,
including time limitations for such corrective measures.
(3) Where noncompliance is of such magnitude that, in
the Township Engineer's opinion, the facilities or materials installed,
including but not limited to surface stabilization, silt fences, sediment
traps and sediment control basins, which are designed to control accelerated
erosion and the transport and discharge of silt from the site, are
in such condition that failure will occur in any rainfall event resulting
in more than one inch of rain, the Township Engineer may issue an
immediate cease and desist order, requiring the developer, its grading
contractor and all others working on the job site to immediately stop
work on all site construction and/or building construction until the
noncompliance has been cured by corrective measures.
(4) Recommend to the Township Board of Supervisors and
Township Solicitor that legal proceedings be instituted if, in the
Township Engineer's opinion, the noncompliance is willful and/or the
other sanctions herein provided for will prove to be insufficient
to obtain the developer's timely implementation of corrective measures
to cure noncompliance.
D. If, during the course of site construction inspections,
the Township Engineer determines that, even though the developer and/or
its grading contractor has complied with the designs, sequence of
construction and other requirements of the approved erosion and sedimentation
control plan, either accelerated sedimentation has taken place due
to failure of facilities or materials installed, including but not
limited to surface stabilization, silt fences, sediment traps and
sediment control basins which are designed to control accelerated
erosion and the transport and discharge of silt from the site or owing
to field conditions not anticipated or inaccurately described in the
approved erosion and sedimentation control plan, the erosion and sedimentation
control designs, sequencing or other attributes will be, in his opinion,
insufficient to prevent failure of the control facilities installed
and compliance with the performance standards contained in this section,
the Township Engineer shall have the authority to take any one or
more of the following steps:
(1) Issue a verbal and/or written notification of either
noncompliance with the performance standards contained in this section
or likelihood of failure of facilities occurring in any rainfall event
resulting in more than one inch of rain; said facilities including
but not limited to surface stabilization, silt fences, sediment traps
and sediment control basins which are designed to control accelerated
erosion and the transport and discharge of silt from the site. Where
an initial verbal notification is given, it shall be followed up by
written notification specifying the basis for the Township Engineer's
opinion.
(2) Issue a demand for modifications to the erosion and
sedimentation control systems so that the imminence of failure is
eliminated, including time limitations for designing and implementing
such modifications.
(3) In the event that the developer fails to effect modifications to the erosion and sedimentation control systems to prevent failure of those facilities within the time limitations established by the Township Engineer pursuant to Subsection
D(2) above, issue a cease and desist order requiring the developer, its grading contractor and all others working on the job site to immediately stop work on all site construction and/or building construction until the modifications have been effected.
(4) In the event that the developer fails to effect modifications
to the erosion and sedimentation control systems to prevent their
failure, recommend to the Township Board of Supervisors and Township
Solicitor that legal proceedings be instituted if, in the Township
Engineer's opinion, the refusal to effect the required modifications
is willful and/or the other sanctions herein provided for will prove
to be insufficient to obtain the developer's timely implementation
of the corrective measures to cure noncompliance.
[Amended 9-9-2008 by Ord. No. 2-2008]
Within 30 days after completion and approval
by the Township of public improvements shown on final plans, and before
acceptance of such public improvements, the applicant shall submit
to the Board an accurate plan showing actual dimensions and conditions
of streets and all other improvements required by and shown on the
final plans, whether or not they will be offered for dedication to
the Township (hereinafter referred to as "as-built plans"). The as-built
plan shall be accompanied by a certification from a professional engineer
licensed in the Commonwealth of Pennsylvania that the as-built plan
is accurate and that the required improvements shown on the as-built
plan were installed and/or constructed in accordance with and otherwise
conform to the approved recorded final plans.
Upon completion of any public improvements shown
on an approved final plan, the developer may offer such public improvements
for dedication. In such a case, the developer shall prepare a deed
of dedication and forward the same to the Secretary of the Township
for approval by the Solicitor. In addition, the developer shall sign
a document prepared by the Solicitor releasing the Township from any
and all claims the developer may have against it with respect to fees
and charges, including, without limitation, filing, review, engineer
inspection and traffic impact fees, paid by the developer to the Township.
Deeds of dedication for public improvements may be accepted by resolution
of the Board at a regular meeting thereof.
The Board shall require the posting of financial
security to secure the structural integrity of all public improvements
to be dedicated to the Township, as well as the functioning of said
improvements in accordance with the design and specifications as depicted
on the final plan, 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 by this chapter 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.