A.
All streets, parking lots, storm drains, sanitary
sewers and sewer laterals, water mains and services, monuments, street
signs and other public, private or quasi-public improvements required
shall be installed in accordance with this chapter, the approved plans,
the applicable provisions of the Pennsylvania Department of Transportation
Specifications, Publication 408, or the latest edition thereof, standard
specifications of the Township or Authority, or other applicable regulations.
The developer or subdivider shall enter into a subdivision and land
development agreement in a form satisfactory to the Township Solicitor
prior to the public recording of any final subdivision or land development
plan setting forth the obligation of the developer or subdivider to
complete all public and quasi-public improvements associated with
any land development or subdivision. The construction or installation
of all public, private or quasi-public improvements shall at all times
be subject to inspection by a designated representative of the Township.
If such 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. A forty-eight-hour start-work
notice shall be given to the representative of the Township prior
to any construction or installation.
B.
The contractor shall request a job conference with
the Township prior to any construction. Seven sets of shop drawing
and specifications of all and any material to be used on the job shall
be submitted to the Township for approval prior to any construction.
three sets of complete and signed plans shall be given to the Township
representative for his use.
A.
No plat shall be finally approved unless the streets
shown have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be 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 such chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, the developer shall
deposit with the Township a financial security in an amount sufficient
to cover the costs of such improvements or common amenities including,
but not limited to, road, stormwater detention and/or retention basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plants which may be required.
In the event the developer posts financial security with the Township,
the developer shall enter into an improvement escrow agreement, in
a form satisfactory to the Township Solicitor, setting forth the obligations
of the developer relative to the financial security.
B.
When requested by the developer, in order to facilitate
financing, the Board 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; such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the developer.
C.
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 purpose of this chapter.
D.
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 said bonding
company or lending institution is authorized to conduct such business
within the commonwealth.
E.
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.
F.
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.
G.
The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements,
submitted by an applicant or developer and prepared by a professional
engineer licensed as such in the Commonwealth of Pennsylvania 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 the Commonwealth of Pennsylvania
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.
H.
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
shall 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 procedure.
I.
In the case where development is projected over a
period of years, the Township or the Planning Commission may authorize
submission of final plats by section 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.
J.
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Board of Supervisors to release or authorize the release, from time
to time, such portions of the financial security necessary for payment
to the contractor or contractors performing the work. Any such request
shall be in writing addressed to the Board of Supervisors, and the
Board shall have 45 days from receipt of such request within which
to allow the Township Engineer to certify, in writing, to the Township
that such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification, the
Township 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 Township
fails to act within said forty-five-day period, the Township shall
be deemed to have approved the release of funds as requested. The
Township 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.
K.
Where the Township accepts dedication of all or some
of the required improvements following completion, the Township 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.
The developer or subdivider shall execute an agreement evidencing
the posting of financial security consistent with this subsection
in a form satisfactory to the Township Solicitor.
L.
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 regulation of the controlling
public utility or municipal authority and shall not be included within
the financial security as otherwise required by this chapter.
M.
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 chapter, the Township shall
not condition the issuance of building, grading or other permits 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 plant.
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 mud-free
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. Any provision of this article inconsistent
herewith is hereby expressly repealed.
[Amended 12-11-2013 by Ord. No. 409; 12-8-2021 by Ord. No. 466]
Within 30 days after completion and approval by the Township
of improvements as shown on the final plans, and before acceptance
of such improvements, the applicant shall submit to the Board of Supervisors
a final corrected copy of said plans. These plans shall be in electronic
format deemed acceptable by the Township. Hardcopy versions of as-built
plans shall also be submitted on twenty-two-inch by thirty-four-inch
or on twenty-four-inch by thirty-six-inch plan sheets. All as-built
plans shall indicate all actual dimensions, elevations, site grading,
and locations of all site improvements, including field changes. All
as-built plans shall also be certified by the applicant and by a registered
surveyor or engineer to be in accordance with actual construction.
Additionally, the location and elevations of all sewer laterals and
water services shall also be indicated. As-built plans shall be required
for all subdivisions with site improvements (road, storm sewer system,
sanitary sewer system, etc.) and all residential and nonresidential
land developments.
A.
Upon completion of any public improvements shown on
an approved subdivision plan and within 90 days after approval of
such public improvements, as hereinafter provided, the Board may require
that the developer offer such public improvements for dedication.
In such a case, the developer shall prepare a deed of dedication and
forward same to the Secretary of the Township for review by the Solicitor.
Deeds of dedication for public improvements may be accepted by resolution
of the Board at a regular meeting thereof.
B.
The dedication and acceptance of public improvements
procedure shall be initiated when the Township receives a certified
or registered letter from the developer notifying it of the completion
of said improvements as described in Section 510(a) of the MPC.[1] Improvements will be considered for dedication only during
the months from May through October. Therefore, the above-mentioned
certified or registered letters must be received between May 1 and
October 1 for the improvements to be considered at that time.
[1]
Editor's Note: See 53 P.S. § 10510(a).
C.
Prior to the acceptance of dedication of any public
improvements, all easements and covenants required by this chapter
or by the terms of approval of any plan shall be recorded with the
Office of the Recorder of Deeds in and for Chester County and satisfactory
proof of the recordation shall be submitted to the Township.
[Amended 8-23-1994 by Ord. No. 226]
[Amended 2-23-2011 by Ord. No. 376]
A.
When the developer has completed all of the necessary
and appropriate improvements and would request release of the improvement
bond, the developer shall notify the Township, 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 Township
Engineer shall inspect all of the aforesaid improvements and shall,
within 30 days, file a report, in writing, with the Township and shall
promptly mail a copy of the same to the developer by certified or
registered mail. Said report 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.
B.
The Township 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 the Township with relation to
approval, nonapproval or rejection of improvements.
C.
If any portion of said improvements shall not be approved
or shall be rejected by the Township, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification
as outlined herein shall be followed.
D.
The developer shall be responsible for maintenance
(including, but not limited to, snowplowing, repairs and maintenance,
etc.) of all improvements until such improvements are accepted for
dedication by the Township.
A.
After final plan approval, any revision to the approved
plan (field change) shall be subject to review and approval by Township
Engineer, Zoning Officer, Public Works Department, Code Administration,
and any other office deemed necessary by the Township. Approval of
field changes are at the sole discretion of the Township.
B.
Requests for field changes shall be submitted to the
Township in writing at least two weeks prior to planned construction
of the field revision. The request shall clearly outline the scope
of and reason for the field revision, and shall include two sets of
red-lined plans showing the approved design and the proposed revision
for review by the Township. These plans shall include all sheets from
the approved plan set which are affected by the proposed field revision.
C.
After review and approval of the field revision by
the Township, three complete sets of red-lined plans shall be submitted
to the Township. All field revision construction shall be noted on
the as-built plans.
