A.
No plan shall be finally approved unless the streets shown on such
plan have been improved as may be required by this chapter, and any
walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm drains, stormwater management
facilities or other improvements as may be required by this chapter
have been installed in accordance with this chapter, except that the
surface course of streets shall not be completed until such time as
90% of the lots in the subdivision have been improved by the construction
of a dwelling if approved for residential development or by the construction
of the proposed commercial or industrial structures if the lots are
approved for such uses. In lieu of completion of the surface course
of streets as well as in lieu of completion of other improvements
required as a condition for final approval of a plan, at the discretion
of the developer, such developer may deposit with the Township and/or
ERSA, if applicable, a letter of credit or other security acceptable
to the Board of Supervisors or ERSA in an amount equal to 110% of
the estimated cost of completion of the required improvements at a
time 90 days following the date scheduled for completion of the respective
improvements by the developer. The estimated cost of the surface course
shall be computed separately from the estimated cost of completing
the other improvements and shall be based upon the developer's projected
timetable for completion of the development.
B.
The amount of financial security shall be based upon an estimate
of the cost of completion of the required improvements, submitted
by the developer and prepared by an engineer 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 developer and the Township
are unable to agree upon an estimate, then the estimate shall be recalculated
and recertified by another engineer chosen mutually by the Township
and the 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 developer.
C.
The Township may annually adjust the amount of required financial
security by redetermining the estimated cost for completion of the
uncompleted improvements as of the expiration of the 90th day after
either 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 insure that the financial
security equals 110% of the estimated cost of the Township completing
the improvements at a time 90 days following the date scheduled for
completion or alternatively reduce the required security so that it
equals such amount. The developer shall post any additional security
within 30 days after being notified of the same.
D.
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, such portions of the
financial security necessary for the 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 of Supervisors
shall have 45 days from the receipt of such request to allow the Township
Engineer to certify, in writing, to the Board of Supervisors that
such portion of the work has been completed in accordance with the
approved plat. Upon such certification, the Board of Supervisors shall
authorize release from the required financial security of an amount
as estimated by the Township Engineer as representing the value of
the work completed.
E.
The value of the work completed shall be determined by subtracting
110% of the estimated cost of the completion of the remaining uncompleted
work from the total amount of security deposited.
F.
At such time as 90% of the lots in the subdivision have been improved
as set forth above, or if at the expiration of three years from the
date all of the improvements excepting the surface course has been
completed, less than 90% of the lots have been so improved, the Township
may notify the developer to complete the surface course within 60
days from the date of such notice. In computing the sixty-day requirement,
the period from October 1 to April 1 shall not be counted.
G.
If at the time the surface course is completed, 90% of the lots are
not improved as set forth above, the developer shall:
(1)
Post financial security with the Township in an amount equal to 15%
of the reasonable cost of the surface course as security to guarantee
that damages to the road or street would not occur during the completion
of the improvements on the unimproved lots in such developer's subdivision
or land development. The Township shall hold the financial security
and may use it to pay for the repair of any damage occurring to the
road during the period between the commencement of improvements on
any particular unimproved lot and the completion of such improvements
irrespective of whether or not it can be established that the damage
to the road was caused by contractors or other persons working in
and about the construction of such improvements; or
(2)
Present to the Township agreements signed by the owners of all of
such unimproved lots pursuant to which they will agree to pay to the
Township the cost of repairing any damage occurring to roads in such
subdivision during the period between the commencement of work on
the improvements to their lot and the completion of such improvements
irrespective of whether or not it can be established that such damage
was caused by contractors or other persons involved in the improvement
of their respective lots.
H.
No improvement shall be considered complete until the developer shall
submit to the Township for review and approval two prints of the as-constructed
(as-built) plan and one digital (PDF format) copy on a CD or other
media device acceptable to the Township, at the same size and scale
of the approved plans, showing the following:
(1)
Actual location of all concrete monuments and/or markers which were
found or set at all angle breaks, points of curvature and tangents
around the perimeter of the total tract. When the outside perimeter
of a tract falls within or along an existing road right-of-way, then
the right-of-way of that roadway shall be monumented at the above-referenced
points.
(2)
Actual location of all iron pins or drill holes in curbs for all
individual lot lines.
(3)
Actual cul-de-sac radius.
(4)
Actual horizontal location of cartway center line versus right-of-way
center line should be indicated by dimension.
(5)
Actual horizontal location of floodplain by elevation and dimension
from property line.
(6)
Actual horizontal location and cross section of swales and accompanying
easements.
(7)
Actual horizontal location and vertical location of stormwater management
facilities, including type and size of drainage pipes.
I.
If an improvement has been dedicated to the Township, such improvement
shall not be considered complete until the developer has presented
a deed of dedication in a form acceptable to the Township Solicitor,
has presented a title insurance policy or certificate of title demonstrating
good and marketable title and has paid any fees required to process
the acceptance of the dedication.
A.
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements, enclosing therewith certification by the engineer responsible for the design of the improvements that they have been installed as designed, and shall send copies of the notice and certification to the Township Engineer. The Board of Supervisors 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 Board of Supervisors 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 Board of Supervisors, 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 the reasons for such nonapproval or rejection. Improvements shall not be considered completed until all the measures required by this chapter, Chapter 190, Stormwater Management, Chapter 195, Article 1, Construction, Opening and Dedication of Roads, and all other applicable ordinances to control erosion are in fact sufficient to prevent erosion of banks and drainageways. Improvements shall also not be considered complete until as-built plans of all improvements to be dedicated to the Township and of all streets, whether or not such streets shall be dedicated, have been submitted to the Township.
B.
The Board of Supervisors shall notify the developer within 15 days
of receipt of the Township Engineer's report, in writing by certified
or registered mail, of its action with relation thereto. If the Board
of Supervisors or the Township Engineer fails to comply with the time
limitations contained in the MPC, all improvements will be deemed
to have been approved, and the developer shall be released from all
liability, pursuant to its posted financial security.
C.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Supervisors, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
D.
Nothing herein shall be construed in limitation of the developer's
right to contest or question by legal proceedings or otherwise any
determination of the Board of Supervisors or the Township Engineer.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Board of Supervisors may enforce any
letter of credit or other financial security by appropriate legal
and equitable remedies. If proceeds of such letter of credit or other
financial security are insufficient to pay the cost of installing
or making repairs or corrections to all the improvements covered by
said security, the Board of Supervisors may, at its option, install
such improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover
the monies necessary to complete the remainder of the improvements.
All of the proceeds, after deducting the costs of collection, whether
resulting from the financial 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.
The Township shall require an inspection of the improvement
construction plans for correctness and an inspection of the construction
of the improvements. The developer shall pay the cost of all such
inspections. All improvements for which financial security has been
posted are to be subject to inspection by the Township Engineer, with
the cost of those inspections to be borne by the developer in accordance
with this section. The developer shall provide at least 24 hours'
notice prior to the start of construction of any improvements that
are subject to inspection. All inspections of completed items shall
be requested, in writing, at least 48 hours in advance of the date
and time of the inspection.
A.
The schedule of inspections shall, at a minimum, require the following
separate inspections:
(1)
Upon completion of erosion and sedimentation controls.
(2)
Upon completion of road subgrade and prior to placement of stone
base course.
(3)
Upon completion of road stone base course and prior to placement
of bituminous binder course.
(4)
After completion of bituminous binder course, curb, surface utility
features (inlets, manholes, water valves, etc.) and prior to placement
of bituminous wearing course.
(5)
After placement of bituminous wearing course.
(6)
Upon completion of footings and other substructure features for culverts
and/or bridges.
(7)
Inspections during installation of stormwater management facilities.
(8)
Upon receipt of any request by the developer for reduction of the
amount of financial security.
(9)
Upon completion of all required improvements.
(10)
Upon receipt of any request by the developer for the Township
to accept dedication of any improvements.
(11)
Prior to expiration of the 18th month after acceptance of dedication.
(12)
If any improvement has been rejected or any deficiency noted
by the Township Engineer during any of the above-described inspections,
upon notification that the deficiency has been corrected.
A.
The offer to dedicate streets, parks or other areas or portions of
them, does not impose any duty upon the Township concerning maintenance
or improvement until the proper authorities of the Township have made
actual appropriation by ordinance or resolution or by entry or improvement.
B.
Where the Township accepts dedication of all or some of the required improvements, 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 plan for a term of 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as required in § 200-25 of this chapter with regard to installation of such improvements, and the amount of such financial security shall not exceed 15% of the actual cost of the installation of the said improvements.
C.
No road or, in applicable cases, drainage facility shall be considered
finally accepted by the Township until the resolution of acceptance
and the deed have been filed and/or recorded with the applicable offices
for filing for Lancaster County, Pennsylvania. The Township will accept
streets for dedication only during the period between March 1 and
September 1 of each calendar year.
D.
Application of final wearing course for streets in preparation for
dedication shall not be permitted by the Township until:
(1)
All utilities have been installed in the street, including service
lines.
(2)
The base course has been in place for a minimum of 90 days.
(3)
Ninety percent of the lots within the development have been sold
and construction has been completed.
(4)
The Township Engineer and the Township Roadmaster have completed
an inspection and have determined that all necessary repairs have
been completed to the Township's satisfaction.
(5)
All required street monumentation has been installed.
The developer shall maintain all streets in the subdivision
or development in travelable condition, including the prompt removal
of snow therefrom, until such time as the streets are accepted by
the Township as part of the Township street system; or, if such streets
are not to be dedicated, until a homeowners' association or other
entity responsible for the maintenance of the streets has been formed.
Recording of the final plan after approval of the Board of Supervisors
has the effect of an irrevocable offer to:
A.
Dedicate all streets and other public ways to public use, unless
such streets are indicated on said plan as private streets.
B.
Dedicate all neighborhood parks and all areas shown on the plan as
being local recreation sites to public use.
C.
Dedicate all public water and public sewer facilities and easements
serving such facilities to EAWA or ERSA, as applicable.
All roads and drainage facilities shall be constructed in strict
accordance with the approved plans, and no changes shall be effected
unless the same receive the written authorization of the Township.
Notwithstanding the provisions of this section, the Township may require
changes during the construction stage where on-site conditions, in
the opinion of the Township, or its duly designated representative,
indicates that the adverse effect of stormwater runoff and/or the
adverse effect to the roadbed and/or road surface may be minimized
by such changes.
The applicant shall submit a properly executed land development
agreement in the form and content required by the Township setting
forth, among other things, the responsibilities for the development
of the property and listing required improvements, lands to be dedicated
and contributions to be made to the Township (see Appendix No. 19).[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
