[Ord. 2002-02, 2/7/2002]
1.
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, street lights, 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 or land development 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.
2.
In lieu of the construction and completion of the improvements required
by this chapter as a condition for final plan approval, the developer
may deposit with the Township and/or the Authority, as applicable,
a letter of credit, or other financial security authorized by the
Municipalities Planning Code and acceptable to the Board and/or the
Authority in an amount equal to 110% of the estimated cost of the
required improvements at a time 90 days following the date scheduled
for completion of the respective improvements by the developer. The
developer shall not be required to provide financial security for
the costs of any improvements for which financial security is required
by and provided to the Department of transportation in connection
with the issuance of as highway occupancy permit pursuant to Section
420 of the Act of June 1, 1945, (P.L. 1242, No. 428), known as the
"State Highway Law."
3.
The amount of financial security required by the Township shall be
based upon an estimate of the cost of the improvements, submitted
by a 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 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. 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 professional engineer licensed as such
in this commonwealth and 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.
4.
Annually the Township and/or the Authority may 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 and/or the Authority 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. Any additional
security shall be posted by the developer within 30 days after being
notified of the same. The amount of financial security required by
the Authority shall be computed in accordance with the Authority's
rules and regulations.
5.
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 and addressed
to the Board and the Board shall have 45 days from the receipt of
such request to allow the Township Engineer to certify, in writing,
to the Board that such portion of the work has been completed in accordance
with the approved plan. Upon such certification, the Board 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.
6.
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.
7.
At such time as 90% of the lots in the subdivision have been improved
as set forth above, or at the expiration of the time agreed to by
the applicant and the Board for completion of all 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.
8.
If at the time the surface course is completed, 90% of the lots are
not improved as set forth above, the developer shall post with the
Township financial security 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 such financial security and utilize
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. The financial security shall be
in a form acceptable to the Township.
[Ord. 2002-02, 2/7/2002]
1.
When the developer has completed all of the improvements as shown
on the final plans, the developer shall notify the Board, 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. All requests shall include as-built plans as
specified in § 608 and of any other improvements to be dedicated
to the Township and/or the Authority and of all streets, whether or
not such streets shall be dedicated.
2.
The Board 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 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, 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 unless the developer can demonstrate compliance with the
requirements of this chapter, and all other applicable ordinances,
statutes and regulations.
3.
The Board shall notify the developer within 15 days of receipt of
the engineer's report, in writing by certified or registered
mail, of its action with relation thereto. If the Board or Township
Engineer fails to comply with the time limitation provisions contained
herein, or such time limitations as contained in the Municipalities
Planning Code, whichever requirements shall contained a longer time
period for action by the Township, all improvements will be deemed
to have been approved and the developer's posted financial security
shall be released.
4.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board, the developer shall proceed to complete
the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
5.
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 or Township Engineer.
[Ord. 2002-02, 2/7/2002]
In the event that any improvements that may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Board may enforce any letter of credit
or other financial security by appropriate legal and equitable remedies.
If proceeds of such 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 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 or recover
the monies necessary to complete the remainder of the improvements.
All 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,
and not for any other Township purpose.
[Ord. 2002-02, 2/7/2002]
1.
The Township and/or the Authority shall inspect the improvements
during construction. The developer shall pay the cost of any such
inspection in accordance with the provisions of Article V of the Municipalities
Planning Code. 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 inspection
time and date.
2.
It is generally required that the following phases of site construction
have mandatory inspection. This general list of phases may be amended
by mutual agreement of the Township and developer when the site requires
special construction procedures. The inspection schedule must be recorded
with the final plan or shown on the approved improvement construction
plan.
A.
General Site Construction.
(1)
Upon completion of preliminary site preparation including stripping
of vegetation, stockpiling of topsoil and construction of temporary
erosion and sedimentation control devices.
(2)
Upon completion of rough grading, but prior to placing topsoil,
permanent drainage or other site development improvements and ground
covers.
(3)
During the construction of permanent stormwater management and
BMP facilities.
(4)
Upon the final completion of permanent stormwater management
and BMP facilities, including the establishment of ground covers and
plantings.
(5)
After review of the as-built drawings, required by § 608,
but prior to final release of the financial guarantee for completion
of final grading, vegetative controls required by the BMP standards
or other site restoration work.
B.
Street Construction.
(1)
Preparation of Road Subgrade. At the time of this observation,
the subgrade should be proof rolled and the proposed crown and grade
should be checked. It is recommended that a developer's/contractor's
representative accompany the observer when the crown and grade are
checked. Proof rolling should be performed with a fully loaded, tandem-axle
dump truck.
(2)
Placement and Compaction of Road Subbase. At the time of this
observation, the depth of subbase should be checked after compaction,
the subbase should be proof rolled in the same manner as the subgrade
and the crown and grade should be checked again. This observation
must occur prior to any binder or base course being placed.
(3)
Placement and Compaction of the Binder/Base Course. At the time
of this observation, the depth of the binder/base course should be
checked, ambient temperature should be monitored (this is important
in early spring and late fall days when the temperature can go below
acceptable limits), the temperature of the bituminous material should
be checked (if possible), and it is recommended that copies of the
weight slips for each truckload are obtained. The crown and grade
should also be checked again. This observation must occur prior to
the wearing course being placed.
(4)
Placement and Compaction of the Wearing Course. At the time
of this observation, the guidelines for the placement and compaction
of the binder/base course should be followed.
C.
In addition to the above outlined observations, additional observations
will be made at the request of the developer for reduction of financial
securities. Random observations should be made at the frequency desired
by the municipality. At the time of any of the above listed observations,
all ongoing construction (i.e., storm drainage, sanitary sewer, water,
erosion control, etc.) should also be checked for compliance with
the approved plans and the findings reported. Since the above inspections
are mandatory, it is recommended that requests for reduction of financial
guarantee to be submitted to coincide with the above inspections.
[Ord. 2002-02, 2/7/2002]
1.
Any offer to dedicate any street or portion thereof shall not be
formally acted upon by the Township until such time as 85% of anticipated
buildings are constructed.
2.
Any offer to dedicate any street or portion thereof shall be made
on forms provided by the Township, along with all required supporting
documentation and required fees. Offers for dedication may be submitted
to the Township at any time during the calendar year, however, the
Township will not formally act upon any offer of dedication prior
to April 15 nor later than September 1 of any calendar year.
3.
The offer to dedicate streets, parks or other areas or portions of
them does not impose any duty upon the Township and/or the Authority
concerning maintenance or improvement until the proper authorities
of the Township and/or the Authority have made actual acceptance of
the dedication by ordinance or resolution or by entry or improvement.
4.
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
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 otherwise required
in § 601 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.
5.
Where the Authority accepts dedication of some or all of the required
improvements, the Authority may require the posting of financial security
in accordance with its rules and regulations and applicable law.
[Ord. 2002-02, 2/7/2002]
Recording of the final plan after approval of the Board of Supervisors
has the effect of an irrevocable offer to:
[Ord. 2002-02, 2/7/2002]
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 highway 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
and has assumed responsibility for such maintenance.
[Ord. 2002-02, 2/7/2002]
Prior to the final release of the financial security, the developer
shall provide the Township with one Mylar and two prints of the final
as-built plan showing the following:
A.
Actual location of all concrete monuments which were 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.
B.
Actual location of all iron pins or drill holes in curbs for all
individual lot lines.
C.
Actual cul-de-sac radius.
D.
Actual horizontal and vertical location of cartway center line versus
right-of-way center line.
E.
Actual location of floodplain by elevation and dimension from property
line.
F.
Actual location and cross section of swales and accompanying easements.
G.
Actual horizontal and vertical location of stormwater management
facilities including type and size of storm drainage pipes.
H.
Detention Basin.
(1)
Actual contours of the detention basin.
(2)
Actual outlet structure details including type, size and inverts
of outlet pipes.
(3)
Actual elevation of the embankment and emergency spillway.
(4)
A table showing the stage/storage/discharge curve for the constructed
conditions.
(5)
A table providing a comparison of the approved design vs. the
as-built discharge rates from all detention facilities.
[Added by Ord. 2012-1, 10/15/2012]
Stormwater management BMPs shall be inspected by the landowner,
or the owner’s designee, including the Township, for dedicated
and owned facilities, according to the following list of minimum frequencies:
A.
Annually
for the first five years.
B.
Once every
three years thereafter.
C.
During
or immediately after the cessation of a ten-year or greater storm,
i.e., a storm of an estimated frequency of recurrence of 10 years
or greater interval of time. For reference purposes, a ten-year storm
event equates to 4.6 inches of rainfall in a twenty-four-hour time
period.
