Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
[Ord. No. 198, passed 12-14-1989]
(a) 
The applicant shall construct all roads, streets, lanes or alleys, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space, restricted areas, and erosion and sediment control measures in conformance with the final plan, as approved, the applicable provisions of the Pennsylvania Department of Transportation Specifications, Form 408, dated 1976, or the latest revision thereto, and other applicable regulations.
(b) 
No plat shall be finally approved for recording and no building permit shall be issued until the developer has completed all required improvements or has provided a performance guarantee in accordance with Section 1226.10.
(c) 
All trenches or other excavations in existing or proposed Township streets shall be backfilled in accordance with the following:
(1) 
Backfilling shall be done as promptly as possible.
(2) 
The trench shall be backfilled with hand-placed screenings or 2RC to a height of at least one foot above the top of the conduit, pipe or pipe bell. These screenings shall be thoroughly hand-tamped around the side of the pipe. These screenings shall be placed with hand shovels, not from trucks nor with the use of power equipment, and shall be free from refuse, boulders, rocks, unsuitable organic material or other material which, in the opinion of the Township, is unsuitable.
(3) 
When the pipe is located in a dedicated street or any place where paving (including driveways) may be placed, the remainder of the trench shall be backfilled with 2RC or other approved materials and promptly compacted. The backfill material shall be mechanically tamped in approximately six-inch layers.
(4) 
Where openings have been made in existing Township roads, paving shall be restored in accordance with the paving standards contained in these Regulations. Openings made in state roads shall be restored in accordance with the Pennsylvania Department of Transportation Specifications. Permits shall be required before paving is opened in any existing State or Township road.
(5) 
Where openings are made behind the curb line, work shall be as specified below. The openings shall be covered with good topsoil to a depth of six inches and seeded or sodded to the satisfaction of the Township Engineer.
(6) 
Whenever the trenches have not been properly filled, or if settlement occurs, they shall be refilled, compacted, smoothed off and finally made to conform to the surface of the ground.
(7) 
Frozen earth shall not be used for backfilling, nor shall any back-filling be done when materials already in the trenches are frozen.
(8) 
Where excavated material, or any portion thereof, is deemed by the Township Engineer to be unsuitable for backfilling, the developer shall procure and place backfill material approved by the Township, and the unsuitable material shall be disposed of properly.
[Ord. No. 198, passed 12-14-1989]
(a) 
All land disturbance work shall be performed in accordance with an inspection and construction control schedule as approved by the Township Engineer. No work shall proceed to a subsequent phase until completed-phase work has been inspected and approved by the Township Engineer or his or her designee, who shall then file a report, thereon, with the Township. The construction or installation of all improvements shall at all times be subject to inspections by representatives of the Township. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner, or that erosion or sediment controls are failing to prevent accelerated erosion or water-borne sediment from leaving the construction site, the said representative is to require corrections to be made and/or suspension of subdivision approval, issuing a Cease and Desist Order, which may include any or all of the following sanctions:
(1) 
That no lot in the subdivision shall be conveyed or placed under agreement of sale;
(2) 
That all construction on any lots for which a building permit has been issued shall cease; and/or
(3) 
That no further building permits for any lots shall be issued.
(b) 
The said Cease and Desist Order shall be terminated upon the determination by the Township representatives that the said defects or deviations from plan requirements have been corrected.
(c) 
After commencement of initial earth-moving operations, the Township Engineer or his or her designee shall make inspection of the site at the following points in the development, or at each stage thereof:
(1) 
Upon completion of stripping, the stockpiling of topsoil, the construction of temporary storm water management and erosion control facilities, the disposal of all unsuitable materials, and the preparation of the ground.
(2) 
Upon completion of rough grading, but prior to the placement of topsoil, installing permanent drainage or other site improvements, or establishing ground covers.
(3) 
During construction of the permanent facilities, and at such times as specified by the Township Engineer.
(4) 
Upon completion of permanent storm water management facilities, including established ground covers and plantings for that purpose.
(5) 
Upon completion of final grading, vegetative control measures, and all other site restoration work undertaken in accordance with the approved plan and permit.
The Township Engineer may make random inspections as he or she deems necessary and appropriate.
(d) 
No underground pipes, structures, subgrades or base course shall be covered until inspected and approved by the Township. A minimum of six inspections by the designated representative shall be required. These inspections shall be effected as follows:
(1) 
Excavation and completion of subgrade.
(2) 
Excavation, installation and completion of drainage, structures, community sewage systems or water supply systems.
(3) 
Before placing first base course and between such base course.
(4) 
Before binder course.
(5) 
Before wearing course.
Final inspection shall be in accordance with Section 1234.03(a).
(e) 
The developer shall notify the designated representative of the Township Council (usually the Township Engineer) at least 24 hours in advance of the commencement of any construction operation requiring inspection.
(f) 
In the review of any storm water management plan, the Township Engineer shall have the discretion to modify or waive the otherwise applicable inspection schedule called for in this section.
[Ord. No. 198, passed 12-14-1989]
(a) 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Council, 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 Council 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 Council 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 Council. Said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part. 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. The Township Engineer shall maintain a permanent file of his or her inspections.
(b) 
The Council shall notify the developer within 15 days of receipt of the Engineer's report, in writing and by certified or registered mail, of the action of the Council with relation to approval, nonapproval or rejection of improvements.
(c) 
If the Township Council 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 the applicable performance guarantee bond or other security agreement.
(d) 
If any portion of the said improvements shall not be approved or shall be rejected by the Council, 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 as a limitation of the developer's right to contest or question, by legal proceedings or otherwise, any determination of the Township Council or the Township Engineer.
(f) 
Where reference is made, herein, to the Township Engineer, he or she shall be as a consultant thereto.
(g) 
The developer shall reimburse the Township for reasonable and necessary expenses incurred in connection with the inspection of improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or constituent for work performed for similar services in the community. However, in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Municipality when fees are not reimbursed or otherwise imposed upon applicants.
(1) 
In the event the developer disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall notify the Township, within 10 working days of the date of billing, that such expenses are disputed as unreasonable or unnecessary. The Township shall not delay nor disapprove a subdivision or land development application or any approval or permit related to the 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 Township shall jointly, and 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 shall render a decision within 50 days of the billing date. The developer shall be required to pay the entire amount determined in said decision immediately.
(4) 
In the event that the Township and applicant cannot agree, within 20 days of the billing date, upon the professional engineer to be appointed, then, upon application by either party, the President Judge of the Court of Common Pleas of Delaware County shall appoint such engineer, who shall be, in that case, neither the Township Engineer nor any professional engineer who has been retained by, or performed service for, the Township or the developer 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 final 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, then the Township shall pay the fee of the professional engineer. Otherwise, the Township and the developer shall each pay 1/2 of the fee of the appointed professional engineer.
(h) 
Improvement bonds or funds in escrow may be released in stages as construction of a significant portion of streets, including all other improvements, is completed and approved by the Council. No work shall be initiated on subsequent phases of any subdivision or land development, building construction or other permitted land disturbance activity until the Township Engineer has inspected and approved the work in the present phase.
(i) 
The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and acceptance by the Township, and 10% of the performance guarantee shall be held back until a maintenance guarantee, as provided for in Section 1234.06, has been posted and as-built plans are verified and accepted by the Township.
[Ord. No. 198, passed 12-14-1989]
Within 30 days after completion and approval by the Township of subdivision and land development improvements as shown on the final plan, and before acceptance of such improvements, the applicant shall submit to the Council a corrected copy of said plans showing actual dimensions and conditions of streets and all other improvements, as certified by a professional engineer to be in accordance with actual construction.
[Ord. No. 198, passed 12-14-1989]
(a) 
Upon completion of any public improvements shown on an approved subdivision plan, within 90 days after approval of such public improvements, as herein provided, the developer shall submit a written offer of such public improvements for dedication to the Township. Said offer shall include a deed of dedication covering said public improvements, together with a copy of a title insurance policy establishing the developer's clear title to said property. Such documents are to be filed with the Township Secretary for review by the Township Solicitor. Deeds for Dedication for public improvements may be accepted by resolution of the Council at a regular meeting thereof. The Council may require that at least 50% of the lots in any approved subdivision or development (or phase thereof, if final plan approval has been given in phases) shall have certificates of occupancy or already occupied dwellings, thereon, prior to acceptance of dedication. Should the above mentioned roads or streets, even though constructed according to the specifications, deteriorate before said 50% of the lots have occupied dwellings thereon, such roads or streets shall be repaired in a manner acceptable to the Council before being accepted by the Township.
(b) 
The Council may require that storm water retention basins or other subdivision and land development improvements remain undedicated, with maintenance being the responsibility of individual lot owners, a homeowner's association or similar entity, or an organization capable of carrying out maintenance responsibilities. In such an event, the developer shall present to the Township Solicitor, for his or her review, a copy of the declaration or other documents evidencing the responsibilities and duties to maintain the improvements.
[Ord. No. 198, passed 12-14-1989]
(a) 
Where the Township Council accepts dedication of all or some of the required improvements following completion, the Council shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form authorized for the deposit of the performance guarantee, as described in Section 1226.10 and shall be for a term of 18 months from the date of the acceptance of dedication, and shall be in an amount equal to 15% of the actual cost of installation of the improvements so dedicated.
(b) 
Where maintenance of subdivision and land development improvements is to be the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying maintenance responsibilities, the Council shall require that such responsibilities shall be set forth in perpetual covenants or deed restrictions binding in interest on the landowner's successors, and may further require maintenance funds to be established.
(c) 
It is the responsibility of the landowner to maintain subdivision and land development improvements that are located on an individual lot and to assure that the performance is guaranteed in accordance with the Section 1228.04(b)(9) and subsections (a) and (b) hereof. Obligations shall include the perpetuation of natural drainage and may include the perpetuation of infiltration facilities and/or the maintenance of facilities constructed by the individual lot owner under the terms of the building or storm water permit, e.g. cisterns, downspout connections, seepage pits, etc.
(d) 
On or before the completion of subdivision or land development improvements, the permanent storm water management system for a tract shall be installed or constructed in accordance with the approved storm water management plan. All such work shall be as specified in the approved plan. Continued functioning of these facilities shall be guaranteed and maintenance, as necessary, performed in accordance with Sections 1228.04(b)(9) and subsection (b) hereof.
(e) 
If the Township determines at any time that stipulated permanent storm water management facilities have been eliminated, altered, or improperly maintained, the owner shall be advised of corrective measures required to be made within a period of time as set by the Township Engineer. If such measures are not taken by the owner, the Township may cause the work to be done and lien all costs against the property.
(f) 
Where the maintenance of storm water management facilities and systems is the responsibility of an individual lot owner by agreement, the terms of that maintenance agreement and a description of the facilities and systems on the lot, as called for in subsection (c) hereof, shall be set forth in perpetual covenants or deed restrictions binding in interest on the landowner's successors and shall be noted on the final plan to be recorded, which covenants shall be presented to and reviewed by the Township Solicitor.