Township of West Goshen, PA Article VI Required Improvements

§ 72-37 Monuments.

Monuments shall be placed at all comers and angle points of boundaries of the original tract to be subdivided, and at such intermediate points as may be required to facilitate the location of lots and streets. All lot comer markers shall be so located that the individual properties may be readily ascertained after development of the subdivision. Markers shall be set in the ground one inch above finished grade. Any certificate of occupancy shall be conditional until markers are clearly located.

§ 72-38 Agreements and performance guaranties.

[Added 10-9-1990 by Ord. No. 7-1990[1]]

A. No plan shall be finally approved unless all improvements required by this chapter have been installed, constructed, completed and approved by the Township or, as a condition of final plan approval, the developer has provided for the deposit with the Township of financial security and Township inspection fees in an amount sufficient to completely pay for the costs of any such improvements and necessary Township inspections and has executed the agreements specified in Subsection A(1). Where public sanitary sewer lines are to be installed in any subdivision or land development subject to the jurisdiction of the West Goshen Sewer Authority, the financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of that Authority and need not be included within the financial security posted with the Township.

(1) The developer shall execute the Township's standard form subdivision and land development agreement, in which he shall agree to timely complete the approved plan and to lay out and improve the roads, streets, alleys and all other traffic facilities and to construct all of the other required improvements, including but not limited to grading, paving, curbs, gutters and other road improvements, walkways, bicycle trails, streetlights, fire hydrants, water mains and water systems, storm systems, stormwater detention and/or retention basins and other related drainage facilities, sanitary sewers and sewer systems and related facilities, recreational facilities, open space improvements, buffer and screen plantings and all other improvements as shown on the approved plan and as represented on the application and related documents submitted to the Township for approval with the plan and any improvements required as a condition of approval of the plan by the Supervisors.

(2) The developer shall agree to install all electric and telephone utilities underground and to provide sufficient easements and rights-of-way for such installation and maintenance by the respective utility companies. In all cases where sanitary sewer trunk facilities are available, the developer shall be required to install sanitary sewers and to connect the same to the public sewer facilities, irrespective of the size of the lots, units or buildings designated on the plan. If the facilities are not available but will become available within a reasonable time or if mandated by the Supervisors, such sewers, together with all necessary laterals extended from the main sewer to the street curb, shall be installed and capped.

(3) The developer and the financial institution issuing the financial security guaranteeing completion of the required improvements shall execute the Township standard form financial security agreement, specifying the terms and conditions under which such security shall be held, dispersed and released, and the developer shall execute the Township's standard form developer's performance bond as additional security to guarantee the completion of required improvements. The terms and conditions of these agreements shall not be amended or modified except as approved by the Township Solicitor and the Supervisors.

(4) The developer shall also post with the Township at the time the financial security is posted such amount as established by resolution of the Supervisors to reimburse the Township for the reasonable and necessary expenses incurred by the Township for the Township Engineer's inspection of and reports about the required improvements. Such fees shall include the fees of those acting under the direct supervision and control of the Township Engineer for such purpose, including consultants and the Municipal Authority's engineer. The fees so established shall be reasonable and shall be the ordinary and customary fees charged by the Township when such fees are not reimbursed or otherwise imposed on developers. The Township Engineer or consultant shall periodically bill the Township for all inspection fees and shall send a copy of the bill to the developer. In the event that the developer disputes the amount of any such fee, the procedure established in MPC Section 510(g)(1) through (5)[2] shall be mandatory for the resolution of any such dispute.

[2] Editor's Note: See 53 P.S. § 10510(g)(1) through (5).

B. The types of financial security acceptable to the Township include federal or commonwealth chartered lending institution irrevocable letters of credit, a restrictive account or an escrow account in such lending institutions or such other security as the Supervisors, in their sole discretion, deem 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 developer, provided that said institution is authorized to conduct business within the Commonwealth of Pennsylvania. The developer shall also execute and post an unsecured bond which secures to the public the completion of all improvements required by the final plan on or before the date fixed by the Supervisors in approving the plan or in the subdivision and land development agreement.

C. The amount of financial security to be posted for completion of the required improvements shall be equal to 110% of the costs 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 costs of the improvements which have been completed and the estimated costs 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 conformity with this section in order to assure that the financial security equals 110% at all times.

D. If the developer requires more than one year from the date of posting of financial security to complete the required improvements, the amount of financial security determined pursuant to § 72-15B(3) shall be increased by an additional 10% for each one-year period beyond the first anniversary date from the posting of the financial security or to an amount not exceeding 110% of the costs of completing the required improvements as reestablished on or about the expiration of the preceding one-year period.

E. When definite stages of work of installation of the required improvements have been completed, the developer may make written request to the Supervisors to release or authorize release, from time to time, of such portions of the financial security as are necessary for payment to the contractor or subcontractors performing such stages of work. The Supervisors shall have 45 days from receipt of such request within which to permit the Township Engineer to certify, in writing, to the Supervisors that such portion of the work for which release is sought has been completed in accordance with this chapter and the approved final plan. Upon such certification, the Supervisors shall authorize release or reduction by the financial institution issuing the financial security of an amount as estimated by the Township Engineer which fairly represents the value of the completed improvements. If the Supervisors fail to act within 45 days, the Supervisors shall be deemed to have approved the release or reduction as requested; provided, however, that prior to final release at the time of completion and certification by the Township Engineer, the Board shall require retention of 10% of the estimated costs of the improvements.

[1] Editor's Note: This ordinance repealed former § 72-38, Curbs.

§ 72-39 Release from improvement guaranties.

[Added 10-9-1990 by Ord. No. 7-1990[1]]

A. When the developer has completed all of the required improvements, the developer shall give written notice to the Supervisors, by certified or registered mail, of such completion and shall send a copy of such notice to the Township Engineer. The Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the public improvements. The Township Engineer shall file a written inspection report with the Supervisors and shall promptly mail a copy of the report 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 Board's written authorization to him to inspect the improvements. The Township Engineer's report shall be reasonably detailed and shall indicate approval or rejection of the improvements, either in whole or in part. If any of the improvements or any portion thereof are not approved or are rejected by him, his report shall contain a statement of the reasons for such nonapproval or rejection. Within 15 days of the Supervisors' receipt of the Township Engineer's report, the Supervisors shall give written notice to the developer by certified or registered mail of their action with relation thereto. Failure of the Supervisors or the Township Engineer to act within these time limitations shall constitute a deemed approval that the improvements are acceptable and a release of the financial security.

B. If any portion of the improvements shall not be approved or shall be rejected by the Supervisors, the developer shall proceed to complete those improvements and, upon completion, the same procedure of notification as outlined in Subsection A shall be followed.

C. Where the Supervisors accept dedication of all or some of the required improvements following their completion and approval by the Township, the Supervisors shall require the posting of financial security to secure structural integrity and functioning of those improvements in accordance with the design and specifications as depicted on the approved final plan and in the supplementary data and documents approved as a part thereof for a term of 18 months from the date of the Supervisors' acceptance of dedication. This financial security shall be of the same type as otherwise required in § 72-38 for the installation, construction and completion of such improvements, and the amount of the required financial security shall equal 15% of the actual costs of installation of said improvements as finally calculated.

D. The Supervisors may require dedication to the Township of one or more elements of the required improvements but shall not be required to accept dedication, except as the Supervisors determine necessary for the promotion and protection of the public welfare. Prior to acceptance of any such dedication, the Board may require that the developer supply a title insurance certificate from a reputable title insurance company which proves that the proposed elements to be dedicated are free and clear of all liens and encumbrances of any kind. Such dedication shall be made and accepted only by deeds and agreements approved as to form and content by the Township Solicitor, subject to the Supervisors' approval. Each proposed deed of dedication shall be accompanied by all required public filing fees, and no dedication shall be accepted until approved by resolution of the Supervisors duly adopted at a public meeting. The as-built plan required by § 72-41 shall be filed of record with the Township Secretary as a condition precedent to any offer of dedication.

E. Whenever a developer proposes to establish or continue a street which is not offered for dedication or not required to be offered for dedication, prior to the release of the final plan for recording he shall enter into an agreement with the Township in form suitable for recording, approved by the Township Solicitor, binding himself, his heirs, successors, administrators and assigns, which shall establish the conditions under which the street may later be offered for dedication. This agreement shall contain and require the following and shall be recorded in the office of the Recorder of Deeds, together with the final plan:

(1) An irrevocable offer to dedicate the street shall be made only for the street as a whole.

(2) The street shall comply with all minimum specifications required by this chapter and shall require that the owners of the lots along the street agree to include with the offer of dedication sufficient financial security, as estimated by the Township Engineer, to restore the street to Township specifications and thereafter maintain the street for a period of 18 months from the date of such dedication.

(3) The method of assessing such repair and maintenance costs among the various owners along the street shall be stipulated in the offer of dedication.

(4) A copy of the developer's agreement offering future dedication shall be and become a part of each deed with respect to each lot sold by the developer along the proposed street to be dedicated, binding the owners of said lots to the terms of the agreement. The existence of this agreement shall appear on the face of the final plan, as approved and recorded.

[1] Editor's Note: This ordinance repealed former § 72-39, Conditions for approval, as amended.

§ 72-40 Required documents for ownership of common facilities; enforcement remedies.

[Added 10-9-1990 by Ord. No. 7-1990[1]]

A. The final plan shall be accompanied by the declaration of covenants, easements and restrictions to which the subdivision or land development will be subject, together with the bylaws of any legal entity or organization by which such entity or organization will be governed. In addition, any easements for utilities, vehicular or pedestrian access, drainage or similar easements required to be depicted on the final plan shall be described by metes and bounds and incorporated in and made a part of the declaration in form suitable for public recordation. If no declaration is required for the development, such easements shall be separately recorded in suitable form so as to bind each affected lot in the development. The declaration and/or easements, which shall be in form and content reasonably acceptable to the Township Solicitor, shall be recorded with the final plan in the office of the Recorder of Deeds of Chester County, Pennsylvania.

[Amended 12-8-1999 by Ord. No. 6-1999]

B. The following methods may be used to preserve, own and maintain common open space, community recreation facilities, community sewage facilities, central water supply facilities, stormwater management facilities, common parking areas and driveways, private streets or any other common or community facilities, hereinafter referred to as "common facilities": condominium association, homeowners' association, dedication in fee simple, easements and transfer to a private conservation organization. The following specific requirements are associated with each of the various methods:

(1) Homeowners' association. The common facilities may be held in common ownership by a homeowners' association. If a homeowners' association is formed, it shall be governed according to the following regulations:

(a) The developer shall provide to the Township a description of the association, including its bylaws and documents governing maintenance requirements and use restrictions for common facilities.

(b) The association shall be legally established or incorporated by the applicant and shall be operating with adequate financial subsidization by the developer before the sale of any buildings or dwelling units in the development.

(c) Membership in the association shall be mandatory for all purchasers and subsequent owners of lots, buildings or dwelling units.

(d) The association shall be responsible to continuously maintain and insure the common facilities.

(e) The association shall be responsible for all real estate taxes on common facilities.

(f) The members of the association shall share equitably the costs of maintaining, replacing when necessary, insuring and operating common facilities.

(g) In the event of any proposed transfer of common facilities by the homeowners' association to or the assumption of their maintenance by the Township as hereinafter provided, notice of such action shall be given to all members of the homeowners' association by said association.

(h) The association shall have or hire adequate staff, as necessary, to administer, maintain and operate common facilities.

(2) Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Uniform Condominium Act[2] in effect at the time of construction or transfer. All of the above-described land and facilities shall be held as common elements.

[2] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

(3) Transfer of easements to a private conservation organization. With permission of the Township, the developer may transfer easements on open space lands to a private nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that:

(a) The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence;

(b) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and

(c) A maintenance arrangement acceptable to the Township is established between the developer and the grantee.

(4) Fee simple dedication. The Township or other public agency acceptable to the Township may but shall not be required to accept dedication of any portion or portions of the common facilities, provided that:

(a) Any common facilities so dedicated are accessible to the residents of the Township;

(b) There is no cost to the Township of acquisition; and

(c) The Township is given adequate access at no cost which is acceptable to the Township to maintain such common facilities.

(5) Dedication of easements. The Township may but shall not be required to accept easements for public use of any portion or portions of the common facilities, title to which is to remain in ownership by a condominium or homeowners' association, provided that:

(a) Any common facilities so dedicated are accessible to the residents of the Township;

(b) There is no cost to the Township of easement acquisition; and

(c) A satisfactory maintenance agreement is reached between the developer and the Township.

C. Maintenance and operation of common facilities.

(1) Each preliminary plan application shall be accompanied by a narrative description of the maintenance and operation of common facilities which shall define ownership; establish necessary regular and periodic operation and maintenance responsibilities; estimate staffing needs, insurance requirements and associated costs; and define the means for funding such facilities on an ongoing basis. In form and content approved by the Supervisors, upon approval of and as a condition of the final plan, the Supervisors may require the establishment of an escrow fund by the applicant, under the control of the Supervisors and the homeowners' association or other entity formed to own and maintain common facilities, to guarantee that sufficient capital is available at all times for their maintenance, upkeep and replacement. The amount of such fund shall be determined by the Supervisors upon recommendations of the Township Engineer based upon the size and extent of such common facilities and may be funded as lots or buildings are initially sold off by the developer. Dispute about such amount shall be resolved by the procedure established in § 72-15B(3). Funds so established shall be segregated in a separate account in the name of the Township and such entity, and no funds shall be released from such account without the written authorization of the Chairman of the Supervisors, who shall be the accounts authorized signatory.

(2) In the event that the organization established to own and maintain the common facilities or any successor organization shall at any time after its establishment fail to maintain, repair or replace all or any portion of them, the Township may serve written notice upon such organization describing the deficiencies with respect to the common facilities, and said notice shall include a demand that such deficiencies of maintenance, repair or replacement be cured within 30 days thereof and shall state the date and place of hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which said deficiencies shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the premises and to prevent the common facilities from becoming a public nuisance, may enter upon the premises on which the common facilities are located and maintain them for a period of one year. Said entry and maintenance shall not constitute a taking of the common facilities except when they are voluntarily dedicated to the public by the residents and owners and such dedication is acceptable to the Township. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common facilities, call a public hearing upon notice to said organization or to the residents and owners of the dwelling units attendant thereto, at which hearing such organization or the residents and owners of the aforesaid dwelling units shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common facilities in a reasonable condition, the Township shall cease to maintain said common facilities. If they are not ready and able to maintain the common facilities in a reasonable condition, the Township may, in its discretion, continue to maintain them during the next succeeding year and, subject to a similar hearing and determination, in the year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

(3) The cost of such maintenance, repair and replacement and the enforcement proceedings by the Township shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The Township, at the time of entering upon such common facilities for the purpose of maintenance, shall file a lien in the office of the Prothonotary of Chester County upon those properties to recover all such costs and expenses.

[1] Editor's Note: This ordinance repealed former § 72-40, Revision and amendments, of Art. VII of this chapter.

§ 72-41 As-built plans.

[Added 10-9-1990 by Ord. No. 7-1990[1]]

A. Upon completion of a subdivision or land development, contemporaneously with the filing by the developer of the maintenance agreement and maintenance escrow, but in no event later than 90 days from substantial completion of the development, the developer shall file of record with the Township an as-built plan and profile sheets, which shall be drawn at the same scale as the final plan. The plan shall be dated and clearly labeled "as-built plan" and shall indicate the actual location, dimensions and/or elevations of all completed improvements, including but not limited to:

(1) Concrete monuments and iron pins.

(2) Cartway edges or top of curbs for both sides of each street.

(3) Sanitary sewer main, manholes and laterals.

(4) Storm sewers, mains, manholes, inlets and culverts.

(5) Waterlines and fire hydrants.

(6) Streetlights, where applicable.

(7) Electrical and all other underground utilities.

(8) Permanent sedimentation control structures or basins.

(9) Landscaping and planting material.

(10) All easements.

B. Such plan shall be certified by the engineer who prepared the final plan or the project engineer to be in accordance with the actual details of construction.

C. The placement of the monuments shall be certified by a registered surveyor in the Commonwealth of Pennsylvania.

[Added 12-8-1999 by Ord. No. 6-1999]

D. Four sets of the as-built drawings and deed descriptions shall be submitted to the Township Engineer, who shall review and approve the same. Upon the Township Engineer's approval of the as-built drawings, the developer shall submit one digital copy of the complete as-built plan set in either a .DXF or .DWG format (must be same as previous digital submissions). The digital plans shall be submitted on a compact disc (CD) and shall not be compressed or zipped. The submission shall not include externally referenced (X-ref) drawings and all raster images shall be in a drawing file format. The digital submission shall be prepared to meet commonly accepted CAD standards for layering, but shall, at a minimum, include the standard layer names, line type, and color specified in § 72-12B(3) of this chapter.

[Amended 11-12-2003 by Ord. No. 12-2003]

[1] Editor's Note: This ordinance repealed former § 72-41, Enforcement; inspections, of Art. VII of this chapter.