In cases where a builder or developer or other person, hereinafter
referred to as "developer," desires or is required to install collection
sewers, laterals and building sewers to any housing unit within a
housing development prior to its individual sale, he/she may do so
upon meeting all conditions as set forth in this section and in other
sections of this chapter.
A. The developer shall comply with the Upper Allen Township Standard
Construction and Material Specifications for the Sanitary Sewer System,
with the latest revisions.
B. All drawings or plans (the contract drawings) pertaining to the development
project or housing unit must be submitted by the developer to the
Township for review and approval prior to any construction. Sanitary
sewer plans conforming to all current specifications established by
the Township as to type of pipe, location of mains, size of pipe,
grades and all necessary appurtenances will be prepared by a registered
professional engineer and approval obtained from the necessary state
agencies. The engineering review fees, charges for permits, reservation
of capacity (ROC) fees, and tapping fees shall be paid by the builder
or developer. In no case will lesser standards than exist in the sewer
system and as outlined in this chapter be permitted for any future
extensions. Upon approval of such plans by the Township, the extensions
may be constructed by and at the expense of the builder or developer,
but only under the inspection of a representative designated by the
Township or its Engineer. The cost of such inspection, including salaries
and expenses, shall be borne by the builder or developer making the
extensions.
C. The applicant must furnish the Township with a copy of agreements
with other utilities, highways, or railways when crossing and occupying
their easements with new sanitary sewer facilities.
D. Before construction has commenced, the applicant shall enter into
a sewer extension agreement with the Township. Said sewer extension
agreement shall require the applicant to establish an escrow account
with the Township by providing a deposit of $1,000 (or such other
amount as required by the Township) to pay for engineering review
and legal fees, provide plats and legal descriptions for sanitary
sewers to be located outside of the public rights-of-way (including
streets that have not been dedicated to the Township), provide the
estimated construction costs for sanitary sewer improvements, furnish
the required supplemental escrow amount for inspection and related
costs, and post the appropriate installation financial security for
the sanitary sewers.
E. Installation financial security to be posted with the Township shall
be in an amount equal to 110% of the estimated construction costs,
as approved by the Township, to insure payment of all obligations
relating to the proposed installation, including the estimated construction
costs and the estimated amount to be paid to the Township for the
cost of replacing or repairing any part of the extension that has
not been constructed in a manner satisfactory to the Township. The
applicant may also, in lieu of a performance and payment bond, provide
a letter of credit to the Township in the amount as determined above,
provided the letter of credit is satisfactory to and in a form approved
by the Township. The property owner or developer shall assume all
costs associated with the posting and release of financial security.
F. As construction of a sewer extension progresses, the developer may
request, in writing, a reduction in the financial security. The developer
must furnish the value of the work completed and the estimated value
of work remaining and submit these costs to the Township for consideration
and approval. Upon approval by the Township, new financial security
shall be provided to the Township in the amount of 110% of remaining
work plus 10% of completed work. The sanitary sewer installation financial
security shall not be released in its entirety until the improvements
are completed in accordance with the Township's Standard Construction
and Material Specifications for the Sanitary Sewer System and to the
satisfaction of the Township. Final testing and inspection shall not
commence until base course paving has been completed or, as a minimum,
base course material has been properly installed around all manholes
in paved areas.
G. Upon completion, inspection and testing of the sanitary sewer extension
to the satisfaction of the Township, the developer shall cause to
be prepared, and shall deliver for review and approval, record drawings,
final plats and legal descriptions, a deed of dedication transferring
ownership of the sanitary sewer extension to the Township and a deed
of easement conveying limited rights of access to sanitary sewers
located on non-Township-owned property or outside of Township rights-of-way.
Upon acceptance of said documents by the Township, including receipt
of an executed deed of dedication and deed of easement from the developer,
and recording of the deed of dedication and the deed of easement by
the developer at the Cumberland County Office of the Recorder of Deeds,
the Township will release the developer from all obligations to the
Township with respect to the extension, except that the developer
shall guarantee the extension installation, including materials and
workmanship, for a period of 18 months from the date of recording
of the executed deed of dedication and deed of easement.
H. The Upper Allen Township Standard Construction and Material Specifications
for the Sanitary Sewer System requires the use of aggregate backfill
material for backfilling trenches in paved areas to be dedicated to
the Township. Additionally, provisions are included in the specifications
that allow the use of approved on-site native backfill material in
said areas, provided that it is understood and agreed upon by the
developer that the Township shall retain installation financial security
in the amount of 15% of the actual cost to install the improvements
for an additional period of 3 1/2 years from the date of receipt
of the above documents and shall not accept dedication of the improvements
until that time. After said period of 3 1/2 years, the Township
may accept dedication of the improvements and release the installation
financial security, provided the developer causes to be recorded the
executed deed of dedication and deed of easement and delivers to the
Township a maintenance guarantee in the amount of 15% of the actual
cost to install the improvements for a period of 18 months following
the additional three-and-one-half-year installation maintenance security.
The same requirements shall apply to work that is completed within
PennDOT rights-of-way.
I. The financial security shall assure completion of all improvements,
which are intended to be dedicated to the Township. The acceptance
of this financial security shall in no way bind the Township to complete
these improvements. Where improvements are not completed in compliance
with the Township's Standard Construction and Material Specifications
for the Sanitary Sewer System and/or the development plan, the Township
shall pursue completion of the improvements and enforcement of the
financial security.
J. Upon approval of the above and after satisfactory completion of sanitary
sewer and manhole inspection and acceptance tests, the Township will
issue permits allowing building sewer connections to be made to the
new sanitary sewer laterals and sewer system. Thereafter, the Engineer
will recommend closing out the developer's escrow account and returning
any balance remaining to the developer.
K. The letter of credit shall contain an "Evergreen" clause which shall
cause the installation financial security letter of credit to automatically
renew for an additional one-year period if the issuing financial institution
does not request its release in writing at least 60 days prior to
its expiration date. Provisions shall be included to continually renew
the letter of credit until the work is complete. It is the responsibility
of the developer to inform the issuing financial institution of this
requirement within the prescribed time frame.