[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.
A. 
When the developer has completed all or part of the necessary and appropriate improvements, the developer shall request the Board, in writing, by certified or registered mail, to authorize the release of such portions of the financial security necessary for payment to the contractor or contractors performing the work. The Board shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board that such portion of the work upon the improvements has been completed in accordance with the approved plan. 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 Board may, however, require retention of 10% of the estimated value of said improvements prior to release. If said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, the report of the Township Engineer shall contain a statement of reasons for such disapproval or rejection. Approval of improvements shall not be given until all construction debris has been removed from the site. No such debris shall be disposed of on the site. If the Board fails to act within 45 days, the Board shall be deemed to have approved the release of funds as requested.
B. 
The Board shall, within 15 days of receipt of the Township Engineer's report, notify the developer, in writing, by certified or registered mail, of the action of the Board with respect to the request for release of financial security.
C. 
If any portion of said improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete the same, and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
D. 
Improvement bonds or funds in escrow may be partially released pro rata for work completed upon completion of fine grading, after completion of paving and after inspection. The Township reserves the right to retain 10% of the funds released at any specific time until work is completed and finally approved by the Board.
E. 
The developer shall be responsible for maintenance of all public improvements until the development is completed and such improvements are offered for dedication and accepted by the Township.
[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.