The requirements of this article shall apply to all applicants submitting a final plan for subdivision or land development in Lower Frederick Township. For additional details regarding these requirements, please refer to Article III of this chapter; Plan Submission Requirements and Processing Procedures.
A.
No final plan shall be approved until the applicant
has either:
(1)
Completed all of the improvements required by the
Board of Supervisors for final plan approval, in compliance with the
requirements of this chapter; or
B.
The work completed or guaranteed shall be in strict
accordance with the approved plans and the requirements of this chapter.
C.
No lot in a subdivision may be sold, and no permit
to erect, alter, or repair any building upon land in a subdivision
or land development will be issued unless and until a subdivision
and/or land development plan has been approved, and where required,
recorded, and until the required improvements in connection therewith
have either been completed or guaranteed for completion as required
herein.
In lieu of the completion of improvements required
for final plan approval, financial security, in an amount and type
sufficient to cover the costs of the improvements, and inspections
and review by the Township Engineer, Solicitor, Building Inspector
and other consultants and staff of the Township shall be guaranteed
to the Township in compliance with the applicable requirements of
the Pennsylvania Municipalities Planning Code. All improvements for
which financial security is being posted shall be completed on or
before the date fixed in the subdivision plat, subdivision agreement,
and/or development agreement for completion of such improvements.
The Board of Supervisors may release all or
parts of the posted financial security as completion of improvements
proceeds, in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code.[1]
A.
Incomplete improvements. If the required improvements
are not completely installed within the period fixed or extended by
the Board of Supervisors, the Board of Supervisors may declare the
financial security in default to collect the amount payable thereunder.
The collected security shall be used to complete the improvements
in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code.
B.
Postcompletion security. The applicant shall be responsible for maintenance of all improvements until they are offered for dedication and accepted by the Township, and 10% of the financial security may be held back until a maintenance guarantee has been posted by the applicant, as required in § 145-59 herein.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Notice.
(1)
The Township Engineer shall be notified 48 hours in
advance of the commencement of any construction or installation operation,
in order that provision may be made for inspection by the Township.
(2)
Construction and installation operations shall also
be subject to inspection by Township officials during the progress
of the work. The subdivider, developer or builder shall pay for all
inspections.
B.
Improvement specifications. All required road improvements
shall be constructed in accordance with the applicable provisions
of PADOT, Form 408, dated 1976, including the latest revisions and
other applicable regulations. All other required improvements shall
be constructed in accordance with approved specifications.
(1)
Specifications. The specifications will be furnished
to the applicant by the Township. If any of the specifications are
unavailable at the Township office, the Township Engineer shall provide
the applicable specifications.
(2)
Sample of materials. During or after construction
of any required improvement, if the Township requires a sample of
materials, said sample shall be furnished by the appropriate contractor,
in a form specified by the Township Engineer.
C.
Delivery slips. Copies of all delivery slips for materials
used in the construction of any storm sewers, sanitary sewers, roads,
curbs, sidewalks, or any other facility within a Township right-of-way
or easement shall be supplied to the Township.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. The Board of Supervisors shall render final judgement in any instances where a dispute arises as to the direct causal relationship for the improvement(s) after receiving the advice of the Township Engineer and Solicitor, and/or other experts. The subdivider or developer may be required to cover costs which must be incurred by the Township or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in § 145-54.
A.
Conditions. The Township shall have no obligation
to accept dedication of any street or other improvement unless:
(1)
The required improvements, utility mains and laterals,
and monuments, shown on the approved plan or plans have been constructed
to meet all requirements, and are free of defects or deterioration.
(2)
It is established to the satisfaction of the Board
of Supervisors that there is a need for the dedication of improvements.
B.
Acceptance. The Township shall have no responsibility
with respect to any street or other improvement, notwithstanding the
use of the same by the public, unless the street or other improvement
is accepted by an ordinance (or resolution) adopted by the Board of
Supervisors.
C.
Offer of dedication.
(1)
The applicant shall submit a written offer of dedication
to the Township for the streets or other improvements, including the
following:
(2)
The items required in Subsection C(1), above, shall be submitted to the Township Engineer and Solicitor for their review and recommendations.
(3)
The Board of Supervisors may accept dedication of
the streets or other improvements by passing a resolution to that
effect.
When the Board of Supervisors accepts dedication
of required improvements following their completion, the Board shall
require posting of financial security by the applicant to secure the
structural integrity and functioning of these improvements in accordance
with the design and specifications as depicted on the approved final
plan.
Where the maintenance of improvements is to
be the responsibility of individual lot owners, a homeowners' association
or similar entity, or an organization capable of carrying out maintenance
responsibilities, the Board of Supervisors shall require that maintenance
responsibilities be set forth in perpetual covenants or deed restrictions
binding on the landowners' successors in interest, and may further
require that an initial maintenance fund be established in a reasonable
manner.
