The Board of Supervisors shall enforce the provisions of this
chapter. The Board of Supervisors and Planning Commission shall keep
a record of all their findings, decisions and recommendations relative
to all subdivision and/or land development plans filed with them for
review. Such records shall be retained as required by the Retention
and Disposition Schedule for Pennsylvania municipalities.
All subdivision and/or land development applications shall be
reviewed in accordance with all provisions of this chapter.
A.
The Township Planning Commission shall review all sketch, preliminary
and final plans. All plans (with the exception of some sketch plans
at the discretion of the Planning Commission) shall be submitted by
the Planning Commission to the Chester County Planning Commission
and Township Engineer for their review and recommendations. Written
reports from these and all other reviewing agencies or persons shall
be considered by the Planning Commission in making its final decision
for approval or denial. Written notice of the Planning Commission's
action, with all other review reports attached, shall be sent to the
Board of Supervisors.
B.
The Board of Supervisors shall review all sketch, preliminary and
final plans. The Board's review shall take into consideration
all recommendations of the Planning Commission and other reviewing
agencies or persons.
The Board of Supervisors, by resolution, shall establish a schedule
of fees and collection procedures for all applications, reviews, inspections,
filings and legal costs.
Before the final plan is signed by the Board of Supervisors,
the applicant shall submit an agreement, subject to the approval of
the Board of Supervisors, providing for, but not limited to, the following,
where applicable:
A.
In accordance with the approved final plan, the applicant will lay
out and construct all streets and other improvements, including, but
not limited to, grading, paving, curbs, gutters, sidewalks, streetlights,
fire hydrants, water mains, street signs, shade trees, storm and sanitary
sewers, stormwater management structures, landscaping, traffic control
devices, open space areas, and erosion and sediment control measures.
B.
The applicant agrees to tender a deed or deeds of dedication to the
Township for all streets, easements, sanitary and storm sewers, sidewalks,
manholes, inlets, pumping stations and other appurtenances constructed
as public improvements.
C.
The applicant shall sign a tri-party agreement with a financial institution and the Township guaranteeing and securing completion of the improvements listed in Subsection A, except as provided for in Subsection E, within one year of the date of the approved plan.
(1)
The applicant may choose the financial institution, provided
the institution is authorized to conduct business within the commonwealth
and stipulates that it will submit to Pennsylvania jurisdiction and
Chester County venue in the event of legal action.
(2)
The applicant shall deposit with the Township an escrow account
in an amount equal to 110% of the cost of the improvements, based
on a construction cost estimate prepared by a bona fide contractor
and reviewed and approved by the Township Engineer, whose decision
shall be final.
(3)
If the improvements are not completed within the one-year period,
the Township shall have the right to withdraw the escrow funds to
complete the improvements, or shall require the financial security
be increased by an additional 10% for each succeeding year beyond
the first posting date of the security or to an amount not exceeding
110% of the cost of completing the required improvements as reestablished.
(4)
During the improvements installation the applicant may request release of escrow funds for payment to the contractor for completion of, or portions of, the improvements. Requests shall be in writing to the Board of Supervisors who will authorize the Township Engineer to review and certify, in writing, within 45 days, that the work has been completed in accordance with the approved final plan. The Township Engineer shall not be bound to the amount requested, but shall certify his independent evaluation of the proper amount for release. In addition, the Board may require retention of 10% of the estimated cost of the aforesaid improvements as per Subsection C(3) of this section. Upon certification by the Township Engineer, the Board shall authorize release of the funds by the financial institution to the applicant.
D.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plans by
section or stage of developments, subject to such requirements or
guaranties as it finds essential for the protection of any finally
approved section of the development, and consistent with the terms
of the Municipalities Planning Code.
E.
If water mains 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 separate and distinct from the
Township, financial security to assure proper completion and maintenance
thereof shall be posted in accordance with the regulations of the
controlling public utility and shall not be included within the financial
security as otherwise required by this section. A copy of this agreement
shall be filed with the Township.
[Amended 7-22-2002 by Ord. No. 2002-5]
Within 90 days of the Board's execution of the subdivision
and land development agreement and performance guaranty, the final
title plans shall be recorded by the applicant in the office of the
Recorder of Deeds of Chester County and the required number of copies
of the final plan bearing the stamp of the Recorder of Deeds shall
be submitted to Westtown Township.
No construction or land disturbance activities (not including soil or percolation testing, well drilling or similar engineering or surveying activities) shall be commenced until the final plan has been recorded in compliance with § 149-404.
The applicant shall construct all streets, together with all other improvements, including, but not limited to, grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas, and erosions and sediment control measures in conformance with the final plan as approved. All construction shall conform to the applicable provisions of the PennDOT Specifications 408, and/or the latest revision hereto, and other applicable regulations. See Article IX of this chapter.
[Amended 7-22-2002 by Ord. No. 2002-5]
A.
The construction or installation of all improvements shall at all
times be subject to inspection by representatives of the Township.
If such inspection reveals that work is not in accordance with approved
plans and specifications, that construction is not being done in a
workmanlike manner, or that erosion or sediment controls are failing
to prevent accelerated erosion or waterborne sediment from leaving
the site of construction, the said representative is empowered to
require corrections to be made and to issue a cease-and-desist order
which may include any or all of the following sanctions:
(1)
That all site work shall cease and desist except what is necessary
to make corrections (whether on or off site).
(2)
That all construction on any lots for which a building permit
has been issued shall cease.
(3)
That no further building permits for any lots shall be issued.
(4)
That no lot in the subdivision shall be conveyed or placed under
agreement of sale.
B.
The said cease-and-desist order shall be rescinded upon determination
by the Township that the said defects or deviations from the plan
requirements have been corrected.
C.
No underground pipes, structures, subgrades or base course shall
be covered until inspected and approved by the Township. A minimum
of seven inspections by the designated representative shall be required.
These inspections shall occur at the following stages of construction:
(1)
Upon completion of rough grading, but prior to placing the topsoil,
installation of permanent drainage or other site improvements, or
establishing covers.
(2)
Upon excavation and compaction of subgrade.
(3)
Upon excavation, installation and compaction of drainage structures,
sewage or water supply systems.
(4)
Before placing stone base course, or before initial layer of
screening.
(5)
Before binder course.
(6)
Before final course.
(7)
Final inspection.
D.
The applicant shall notify the designated representative of the Township
at least 24 hours in advance of completion of any construction operations
requiring inspections.
A.
Where completion of the required improvements is a condition of approval, the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guaranty, as described in § 149-403 hereof, shall be for a term of 18 months from the date of acceptance or dedication, and shall be in an amount equal to 15% of the actual costs of installation of improvements.
B.
Where maintenance of stormwater retention facilities or private streets
is to be the responsibility of individual lot owners, a homeowners'
association or similar entity, or an organization capable of carrying
out the maintenance responsibilities, the Board shall require that
maintenance responsibilities be set forth in perpetual covenants or
deed restrictions binding on the landowner's successors in interest
and may further require that an additional maintenance fund be established
in a reasonable amount.
Within 30 days after completion and Township approval of subdivision
and/or land development improvements as shown on final plans, and
before Township acceptance or dedication of such improvements, the
applicant shall submit to the Board a corrected copy of said plans
showing actual dimensions and conditions of streets and all other
improvements, certified by a professional engineer to be in accordance
with actual construction.
A.
When the applicant has completed all of the necessary and appropriate
improvements, he/she shall notify the Township, in writing, of the
completion of the aforesaid improvements and shall send a copy thereof
to the Township Engineer. The Township shall, within 10 days after
receipt of such notice, direct and authorize the Township Engineer
to inspect all of the aforesaid improvements. The Township Engineer
shall thereupon file a written report with the Township, and shall
promptly mail a copy of the same to the applicant. The report shall
be written and mailed within 30 days after receipt by the Township
Engineer of the aforesaid authorization from the Township; said report
shall be detailed and shall indicate approval or rejection of said
improvements, either in whole or in part. 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 applicant, in writing, of the action
of the Township with regard to approval, nonapproval or rejection
of improvements.
C.
If any portion of the said improvements shall not be approved or
shall be rejected by the Township, the applicant shall proceed to
complete those improvements as directed and, upon completion, the
same procedure of notification as outlined herein shall be followed.
D.
The applicant shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Township. In addition, 10% of the performance guaranty shall be held back by the Township until the applicant has posted a maintenance guaranty as provided for in § 149-408 and as-built plans are verified and accepted by the Township.
A.
Conditions of acceptance of streets and other improvements. The Township
shall have no obligation to take over and make public any street,
open space or other improvement in or abutting a subdivision unless:
(1)
All the required improvements shown on the approved plan(s)
have been constructed and certified by the Township Engineer.
(2)
At least 50% of all the lots along the street have been occupied
by completed buildings or unless a petition (signed by at least 50%
of the property owners along the frontage of the street in question)
requesting that the street and other improvements be taken over and
made public is filed with the Township along with an executed deed
of dedication in a form acceptable to the Township Solicitor.
(3)
It is established to the satisfaction of the Board of Supervisors
that there is a need for the improvements to be taken over and made
public.
B.
Dedication and acceptance of public improvements. Upon completion
of any public improvements shown on an approved subdivision plan and
within 90 days after approval of such public improvements as herein
provided, the applicant shall submit a written offer of such public
improvements for dedication to the Township. Said offer shall include
a deed of dedication covering said public improvements together with
satisfactory proof establishing the applicant's clear title to
said property. Such documents are to be filed with the Township Secretary
for review by the Township Solicitor.
C.
Township responsibility to accept. The Township shall have no responsibility
with respect to any street or other improvements, notwithstanding
the use of the same by the public, unless the street or other improvements
are accepted resolution of the Board of Supervisors.
D.
The Board may require that certain subdivision and land development
improvements remain undedicated, with maintenance the responsibility
of individual lot owners, a homeowners' association or similar
entity, or an organization capable of carrying out maintenance responsibilities.
