No project shall be considered to be in compliance with this
chapter until the streets, storm drainage facilities, sewer facilities,
survey monuments, and other required facilities have been installed
in compliance with the provisions of this chapter.
A. The applicant shall agree, in writing, to construct streets and other improvements from the lot or lots to be sold or built upon to an existing improved street, subject to the provisions of §
320-5B herein. The work shall be performed in strict accordance with approved plans and Schuylkill Township standards and specifications, and where applicable, the provisions of the Pennsylvania Department of Transportation Specifications 408, latest edition.
B. No plan shall be finally approved until the applicant has completed
all of the necessary and appropriate improvements as required as a
condition for final approval of a plan; or until such time as the
applicant has provided for the deposit with the Township Supervisors
of escrow funds, or a security acceptable to the Township Supervisors
in an amount sufficient to cover 110% of the costs of any improvements
which may be required, estimated as of 90 days following the date
scheduled for completion by the applicant or developer. The escrow
funds or security shall be posted prior to the initiation of construction.
C. 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 the bonding company
or lending institution is authorized to conduct such business within
the commonwealth and shall conduct all legal activities regarding
the security according to the laws of the commonwealth.
D. 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.
E. The Township Supervisors may annually adjust the amount of 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 or rescheduled date planned for completion. Subsequent to
this adjustment, the Township Supervisors may require the applicant
to post additional security in order to assure that the financial
security equals the 110%. Any additional security shall be posted
by the applicant in accordance with this section.
F. The amount of financial security shall be based upon an estimate
of the cost of completion of the required improvements, submitted
by the applicant and prepared by a professional engineer licensed
as such in this commonwealth and certified by such engineer to be
fair and reasonable. The Township Supervisors, upon the recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown. If the applicant and the Township Supervisors are unable
to agree upon an estimate, then the estimate shall be recalculated
by another professional engineer licensed as such in this commonwealth
and chosen mutually by the Township Supervisors and the applicant.
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 Supervisors and the applicant.
G. 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 may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of the 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 bidding procedure.
H. In the case where development is projected over a period of years,
the Township Supervisors may authorize the submission of final plans
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.
I. As the required improvements are installed, the applicant posting
the financial security may request the Township 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 requests shall be in writing, and the
Township Supervisors shall have 45 days from receipt of such request
to allow the Township Engineer to certify, in writing, to the Township
Supervisors that such portion of the work has been completed in accordance
with the approved plan. Upon such certification, the Township Supervisors
may authorize release by the bonding company or lending institution
of an amount as estimated by the Township Engineer fairly representing
the value of the completed improvements. The Township Supervisors
may, prior to final release at the time of completion and certification
by the Township Engineer, retain 10% of the estimated cost of the
aforesaid improvements. This sum shall be returned upon the completion
of all improvements.
J. If sanitary sewer lines or water supply systems and facilities are
to be installed under the jurisdiction and pursuant to the rules and
regulations of the Valley Forge Sewer Authority, the Philadelphia
Suburban Water Company, or other applicable authority, financial security
to assure inspection, proper completion and maintenance thereof shall
be posted in accordance with the regulations of the applicable authority
and shall not be included within the financial security as otherwise
required by this section.
K. In the event that the applicant fails to satisfactorily complete
any improvement in a timely manner, the Township Supervisors may utilize
all or a portion of the escrow funds or security to complete the improvement,
stabilize any area of land disturbance, and abate or correct any hazardous
condition that may arise from the development or construction.
Where the Township Supervisors accept dedication of all or some
of the required improvements following completion, the Township Supervisors
may require the posting of a performance guarantee to secure the structural
integrity and 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.
Such performance guarantee shall be of the same type as otherwise
required in this section with regard to installation of such improvements,
and the amount of the performance guarantee shall not exceed 15% of
the actual cost of installation of said improvements.
Upon the expiration of the eighteen-month period specified in §
320-58, the applicant may request the Township Supervisors to release the performance guarantee posted in accordance with §
320-58. The release of such performance guarantee shall follow the provisions of §
320-59, provided that references to "improvement guarantee" shall be interpreted as "performance guarantee."
The applicant shall permit the Township Engineer to inspect
any improvement that may be accepted by the Township Supervisors or
applicable authority. Such inspections shall be conducted at a reasonable
time and place as determined by the Township Engineer as being necessary
to properly evaluate the improvement. Such inspections may be conducted
at (but shall not necessarily be limited to) the following stages
of construction:
A. Structures. Inspections may occur at the following stages, as applicable:
(1) Foundation excavation and erosion control measures;
(4) Wiring, plumbing, heating, ventilation, air conditioning;
(5) Insulation and interior wall installation; and
(6) Final grading, surface stabilization and landscaping.
B. Streets. Inspections may occur at the following stages, as applicable:
(1) Rough grading and erosion control measures;
C. Stormwater management and control facilities. Inspections may occur
at the following stages, as applicable:
(1) Excavation, rough grading, and erosion control measures;
(2) Installation of pipes and similar facilities;
(3) Backfill and final grading; and
(4) Seeding and surface stabilization.
All improvements shall be deemed to be private improvements
and only for the benefit of the specific project until such time as
they have been offered for dedication and formally accepted by the
Township Supervisors or authority. No responsibility of any kind for
any improvements shall fall onto the Township or authority until the
improvements have been formally accepted. No improvement shall be
accepted for dedication except upon the submission of as-built drawings
by the applicant and upon inspection.