The following improvements shall be installed by the subdivider.
The final plan shall not be approved until final detailed design of
the improvements is approved and the improvements are installed or
security to the Township is provided.
Streets shall be brought to the grades and dimensions drawn on plans, profiles, and cross-sections submitted by the subdivider and approved by the Township Engineer. The subdivider must install the required utilities and provide, where necessary, adequate subsurface drainage for the streets. The streets shall be designed and constructed to the standards set forth in §§ 186-21 and 186-22 of this chapter.
Curbs and sidewalks shall be provided in accordance with the standards set forth in § 186-23 of this chapter.
A.
Public sewer systems. When the subdivision or land development is
to be provided with a complete sanitary sewer system connected to
a public sanitary sewer system, a statement of approval from the engineer
of the sewerage system to which it will be connected shall be submitted
to the Township. Where required, DEP planning module approval shall
also be obtained for final plan approval.
B.
Private sewer systems. When a complete private sanitary sewer system
using a treatment plant is to be provided, a statement shall be submitted
to the Township from the Pennsylvania Department of Environmental
Protection certifying that a permit has been issued by the appropriate
agency approving the proposed facilities. Adequate security for the
maintenance of such plant shall be furnished to the Township.
C.
On-lot sewage disposal. In subdivisions where public sewers are not
available and a complete private sanitary sewer system is not required,
on-lot sewage disposal systems shall be provided.
D.
Capped sewer systems. Where the sanitary sewer system is not yet
accessible, but is planned for extension to the subdivision or development,
the subdivider shall install sewer lines, including lateral connections,
in order to provide service to each lot. The sewer mains shall be
suitably capped at the limits of the subdivision and laterals shall
be capped at the street right-of-way line when not extended to houses
or other structures. When laterals are extended to houses or other
structures, the internal plumbing system shall be constructed to accommodate
them as well as any septic system required. At such time as any planned
construction of extensions to the existing sanitary sewer system is
under contract, the subdivider may reduce the size of any required
septic system drain fields or septic tank by 50%.
A.
Provision of system. The subdivision or land development shall be
provided with a complete water main supply system which shall be connected
to a municipal water supply or with a community water supply approved
by the engineer of the applicable water utility company and the Pennsylvania
Department of Environmental Protection with satisfactory provision
for the maintenance thereof, except that when such municipal or community
water supply system is not available, each lot in a subdivision shall
be capable of being provided with an individual water supply system
in accordance with minimum standards approved by the Pennsylvania
Department of Environmental Protection.
B.
Plans. The plans for the installation of the mains of a water supply
system shall be prepared for the subdivision or land development with
the cooperation of the applicable water supply agency and approved
by its engineer. A statement from the engineer of the water supply
agency to which the subdivision or land development will be connected,
shall be submitted to the Township. Upon the completion of the water
supply system, one copy of each of the plans for such system shall
be filed with the Township.
C.
Fire hydrants. Fire hydrants shall be provided as an integral part
of any public water supply system. The Township Fire Marshal shall
be consulted to determine the location of proposed fire hydrants.
[Amended 7-19-2004 by Ord. No. 2004-6]
A stormwater management system shall be provided in accordance with the requirements, standards and provisions as set forth in Article VII, Stormwater Management, of this chapter.
A.
Easements for utilities shall have a minimum width of 15 feet.
B.
To the fullest extent possible, easements for public utilities shall
be centered on or adjacent to rear or side lot lines.
C.
Telephone, electric, TV cable and such other utilities shall be installed
underground and shall be provided within the street right-of-way easements
to be dedicated for such utilities, and in accordance with plans approved
by the Township and the applicable utility company. Underground installation
of the utility distribution and service lines shall be completed prior
to street paving and gutter, curbing and sidewalk installation.
A.
Monuments shall be of concrete or stone at least six inches by six
inches by 30 inches and marked on top with a copper or brass dowel.
They shall be set at the intersection of lines forming angles in the
boundaries of the subdivision and at the intersection of street lines.
Markers shall be iron pipes or brass 30 inches by 3/4 inch in diameter
and set at all points where lines or lines and curves intersect.
B.
Monument replacement. Any monuments or markers that are removed must
be replaced by a registered land surveyor at the expense of the person
responsible for the removal.
All improvements shall be installed according to a time schedule
which shall be approved by the Township.
At the time each improvement is to be installed and upon its
completion, the subdivider shall notify the Township so that adequate
inspections can be made. The inspection will be made by the Township
Engineer. All costs of undertaking the inspection will be borne by
the subdivider.
A.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and improvements
as may be required by this chapter have been installed in accordance
with this chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees otherwise required by ordinance, the developer may deposit
with the Township financial security in an amount sufficient to cover
the related drainage facilities, recreational facilities, open space
improvements or buffer or screen plantings which may be required.
B.
When requested by the developer, in order to facilitate financing,
the Township 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 agreement
is not executed within 90 days unless a written extension is granted
by the Township; 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
purposes of this section.
D.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
party posting 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 cost of completion of the required improvements, submitted
by the applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth 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 this commonwealth 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 may 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 bidding procedure.
I.
In cases where development is projected over a period of years, the
Township may authorize submission of final plats by sections or stages
of development subject to such requirements or guarantees as to improvement
in the 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 Township to release
or authorize the release, from time to time, of such portions of the
financial security necessary to payment to the contractor or contractors
performing the work. Any such requests shall be in writing addressed
to the Township, and the Township 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,
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
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.
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 regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
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 section, 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 plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or building s to be erected shall not be withheld following
the improvement of the streets providing access to and from 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.
A.
When the developer has completed all of the necessary and appropriate
improvements, 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 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 report,
in writing, with the Township, and shall promptly mail a copy of the
same 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 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, 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 said Township with relation thereto.
C.
If the Township or the Township Engineer fails to comply with the
time limitation provisions contained herein, all improvements will
be deemed to have been approved and the developer shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
D.
If any portion of the 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.
E.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings
or otherwise, any determination of the Township or the Township Engineer.
F.
Where herein reference is made to the Township Engineer, he shall
be as a consultant thereto.
G.
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Township
and as from time to time amended. Such expense shall be reasonable
and in accordance with the ordinary and customary fees charged by
the Township Engineer or consultant for work performed for similar
services in the community, but in no event shall the fees exceed the
rate or cost charged by the engineer or consultant to the Township
when fees are not reimbursed or otherwise imposed on applicants.
(1)
In the event the applicant disputes the amount of any such expense
in connection with the inspection or improvements, the applicant shall
within 10 working days of the date of billing, notify the Township
that such expenses are disputed as unreasonable or unnecessary, in
which case, the Township shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's request over disputed engineer
expenses.
(2)
If, within 20 days from the date of billing, the Township and the
applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Township shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(3)
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
sole opinion deems necessary and render a decision within 50 days
of the billing date. The applicant shall be required to pay the entire
amount determined in the decision immediately.
(4)
In the event that the Township and applicant cannot agree upon the
professional engineer to be appointed within 20 days of the billing
date, then, upon application of either party, the President Judge
of the Court of Common Pleas of the judicial district in which the
Township is located (or if at the time there be no President Judge,
then the senior active judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Township Engineer nor any
professional engineer who has been retained by, or performed services
for, the Township or the applicant within the preceding five years.
(5)
The fee of the appointed professional engineer for determining the
reasonable and necessary expenses shall be paid by the applicant if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Township shall
pay the fee of the professional engineer, but otherwise the Township
and the applicant shall each pay 1/2 of the fee of appointed professional
engineer.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat, the Township is hereby granted the power to enforce
any corporate bond, or other security by appropriate legal and equitable
remedies. If the proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Township may, at
its option, install part of such improvements, all or part of the
subdivision or land development and may institute appropriate legal
or equitable action to recover the moneys necessary to complete the
remainder of the improvements. All of the proceeds, whether resulting
from the security or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the improvements covered by such security, and not for any other
Township purpose.