A.
Specifications. Monuments and markers must be constructed, as follows:
|
Material
|
Minimum Size
| ||
|---|---|---|---|
|
Monument
|
Concrete or stone
|
6 inches x 6 inches x 30 inches
| |
|
Marker
|
Iron pipes or iron or steel bars
|
15 inches x 3/4-inch diameter
|
B.
Placement and marking. Monuments and markers must be placed by a
registered engineer or surveyor so that the scored or marked point
coincides exactly with the point of intersection of the lines being
monumented. They must be set so that the top of the monument or marker
is level with the surface of the surrounding ground. Monuments must
be marked on top with a copper or brass dowel.
E.
Removal. Any monuments or markers that are removed must be replaced
by a registered engineer or surveyor at the expense of the person
removing them.
A.
Streets must be surfaced to the grades and dimensions drawn on plans,
profiles and cross sections submitted by the developer and approved
by the Township. Before paving the street surface, the developer must
install required utilities and provide, where necessary, adequate
subsurface drainage for the streets, as acceptable to the Township.
B.
The construction of all streets for acceptance by Spring Garden Township
shall comply with current Township specifications.
C.
The Township shall decide if a collector or arterial street is required
as a direct result of the construction of the development, in which
case the developer is responsible for paving the additional width
required.
A.
Curbs, gutters and sidewalks shall be required and shall be installed
in accordance with current Township specifications.
B.
The Township may waive requirements for sidewalks on one or both
sides of the street where interior walkways, in the judgment of the
Township, better serve the needs of the subdivision or land development.
The land development shall be provided with street name signs
at all intersections. Such signs shall conform to Township specifications
and shall be installed by the Township at the expense of the developer
in a manner specified by the Township.
In developments where the developer desires to provide street
trees, the trees should be:
A.
Of a minimum caliper of 1 1/2 inches.
B.
Planted between the sidewalk and setback line at least five feet
from the sidewalk.
C.
Uniformly spaced not less than 50 feet nor more than 100 feet apart
along the entire length of each street within the development.
D.
Varieties acceptable to the Township. These varieties include:
|
Pyramidal european hornbeam
|
Columnar norway maple
| |
|
Norway maple
|
Bradford pear
| |
|
Marshall's seedless ash
|
Greenspire linden
| |
|
Sugar maple
|
Ginkgo (male)
| |
|
Red oak
|
Pin oak
| |
|
Little leaf european linden
|
Tulip poplar
|
A.
For the safety, convenience and attractiveness of the development,
on-site or public streetlights shall be installed, unless the Township
Engineer shall certify that conditions require otherwise.
B.
Where electric service is supplied by underground methods, and prior
to the installation of streets, curbs, sidewalks and driveways, the
subdivider shall provide and install conduits where necessary to accommodate
the installation of a streetlighting system. In the event the utility
company supplying electricity will not erect the streetlighting poles,
standards or fixtures (to include lamp light and switches), the same
shall be purchased, erected and installed by the subdivider. Installation
and location of conduits will comply with the specifications of the
appropriate public utility.
A.
Where a public sanitary sewer system is accessible to or plans approved
by the Board of Commissioners provide for the installation of such
public sanitary sewer facilities within four years, the developer
shall provide the development with a complete sanitary sewer system
ready to be connected to the existing or proposed sanitary sewer system.
(1)
The plan for the installation of a sanitary sewer system must be
prepared for the development and approved by the Township Engineer
and the Pennsylvania Department of Environmental Protection. The Township
Engineer must inspect the sewer line before it is covered over. Upon
completion of the sanitary sewer installation, the plan for the system
as built must be filed with the Township.
(2)
Any sewer pipe main must be at least eight inches in diameter, and
any sewer lateral must be at least four inches. Storm sewers may not
be connected with sanitary sewers.
(3)
Manholes shall be located generally at intervals of 250 feet and
in no case more than 400 feet. Manholes are also required at all points
of change of course or grade and at all points of intersection of
sewer lines.
B.
Where installation of a public sanitary sewer system is not required,
the developer or owner of the lot shall provide for each lot, at the
time improvements are erected thereon, a private sewerage disposal
system consisting of a septic tank and tile absorption field or other
sewerage disposal system approved by the Pennsylvania Department of
Environmental Protection.
(1)
If on-site subsurface or alternate sewage disposal systems are feasible,
they must be laid out in accordance with minimum standards of the
Sewage Facilities Act (Act 537), and the Pennsylvania Department of
Environmental Protection must inspect and approve each on-site sewage
disposal system.
C.
All new or replacement sanitary sewer systems located in flood-prone
areas, whether public or private, shall be floodproofed up to an elevation
of one foot above the base flood elevation.
A.
The plan for the installation of the mains of a water supply system
must be prepared for the development with cooperation of the appropriate
water utility company and approved by the Township Engineer. Upon
the completion of the water supply system, one copy of the plan for
the system as built must be filed with the Township.
B.
Where the connection to a public water supply system is not possible
or feasible, each lot must be provided with an individual water supply
system prior to the issuance of a building permit for dwelling units.
All such individual systems shall meet all applicable regulations
of the Pennsylvania Department of Environmental Protection.
C.
All new or replacement water systems located in flood-prone areas,
whether public or private, shall be floodproofed to a point one foot
above the base flood elevation.
All other new or replacement public and/or private utilities
and facilities in flood-prone areas shall elevated or floodproofed
to a point one foot above the base flood elevation.
Whenever the evidence available to the Board of Commissioners
indicates that natural surface drainage is inadequate, the developer
shall install a stormwater sewer system in accordance with approved
plans and profiles. The system shall be designed by a registered engineer
and be approved by the Township Engineer.
A.
Fire hydrants shall be installed if their water supply source is
capable to serve them in accordance with the requirements of the local
fire authority.
B.
Fire hydrants, if provided, shall be located within 600 feet of any
dwelling unit or structure open to the public. Fire hydrants shall
be installed in accordance with all applicable regulations.
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 other 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 this chapter, the developer may deposit
with the Township financial security in an amount sufficient to cover
the costs of such improvements or common amenities, including basins
and other 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 Board of Commissioners 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 of Commissioners; 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 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 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 the case where development is projected over a period of years,
the Board of Commissioners may authorize submission of final plats
by sections 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 Commissioners
to release or authorize the release from time to time of such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Board of Commissioners, and the Board of
Commissioners shall have 45 days from receipt of such request within
which to allow the Township Engineer to certify, in writing, to the
Board of Commissioners that such portion of the work upon the improvements
has been completed in accordance with the approved plat. Upon such
certification, the Board of Commissioners 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 Board of Commissioners fails to act within said
forty-five-day period, the Board of Commissioners shall be deemed
to have approved the release of funds as requested. The Board of Commissioners
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 Board of Commissioners accepts dedication of all or some
of the required improvements following completion, the Board of Commissioners
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.
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 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.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Board of Commissioners,
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 Board of Commissioners 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 Commissioners 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 Commissioners; 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 Board of Commissioners 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 Board of Commissioners with
relation thereto.
C.
If the Board of Commissioners 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 Board of Commissioners, 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 Board of Commissioners 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 Board
of Commissioners 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 of 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 the 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 Board of Commissioners 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 Board of Commissioners may, at its option, install part of such
improvements in 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.
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.
If land is dedicated for a public site and its use for this purpose
is not imminent, the developer may be permitted to dedicate the land
with the privilege of using the surface rights until the Township
is ready to use the land. Such dedication with the temporary privilege
of use must be noted on the final plan.
On sites reserved for eventual public acquisition, no building
development is permitted during the period of reservation, said period
of time not to extend more than 18 months, without consent of the
developer. Such land reservations shall be noted on the final plan.
Recording the final plan after approval of the Board of Commissioners
has the effect of an irrevocable offer to:
