The improvements set forth in this article shall be required in all developments, and shall be in addition to all other requirements established in this chapter, other applicable laws, ordinances or regulations and those imposed as conditions upon plan approval. All such required improvements shall be constructed and/or implemented by the date(s) set in the developer's agreement for their completion. If not constructed with completion accepted by the Township prior to release of the approved final plan for recording, the developer shall tender to the Township financial security to ensure completion of such improvements, which shall be tendered and held in accordance with provisions of Article V of this chapter.
A.
Required improvements shall be constructed in accordance with design standards, criteria, specifications and construction standards as set forth in this chapter, Chapter 116, Stormwater Management, Chapter 29, Part 2, Public and Private Improvements, and other applicable laws, ordinances and regulations, as are then in effect, and with conditions on plan approval.
B.
Failure or refusal by developer to construct and complete all required
improvements in accordance with applicable specifications by the date(s)
set for their completion in this chapter or the developer's agreement
shall constitute a violation of this chapter and a default by the
developer under the developer's agreement, and shall entitle
the Board of Supervisors to exercise the Township's rights against
financial security in order to effect completion of all required improvements.
C.
The Board of Supervisors, upon request therefor and good cause shown,
shall have discretion to grant or deny extension of time for completion
of required improvements. The Board of Supervisors shall not be obligated
to allow extension where good cause for delay is not found to exist,
and the grant of one extension shall not obligate the Board to allow
additional extensions.
D.
Criteria, design and construction standards for improvements as set forth in Chapter 116, Stormwater Management, and Chapter 29, Part 2, Public and Private Improvements, are incorporated in this chapter by reference and, as may in the future be amended, shall constitute, together with other regulations of this or any other applicable ordinance, the standards for construction of such improvements.
B.
Center-line monuments must be set, inspected and approved by the
Township prior to paving of the street in which they are located.
C.
Any monument or marker that is removed shall be replaced by an engineer
or surveyor at the cost of the person removing it or, if the identity
of such person is not determined and removal occurs prior to completion
of required improvements, by the developer.
A.
Off-street parking shall be provided in all residential developments
so as to ensure a minimum of two paved parking spaces per dwelling
unit.
B.
Such off-street parking may be provided as an individual garage,
carport or driveway located behind the property line of the lot or,
in a multiple-family dwelling residential development, by way of a
parking compound located within 300 feet of the dwelling unit(s) which
it serves.
(1)
A minimum of 200 square feet per individual parking space shall be
provided.
A.
Excepting only land accepted for public recreation purposes, open
space in a development shall be common or private open space.
B.
Future development, subdivision, sale or alteration of use of land
set aside on a development plan as approved shall be prohibited absent
the prior written approval of the Board of Supervisors. A notation
to this effect must be set forth on the development plan as submitted.
C.
Ownership, maintenance and intended nature of use of set-aside open
space must be defined on the developer's statement submitted
with the plan application, and shall be confirmed by such covenants,
deeds, agreements and other writings as the Township may in the circumstances
require.
D.
Where a development is required to develop a portion of set-aside
open space for the recreational use of residents of the development,
the developer shall submit with the plan application, in writing,
detail of the portions of land to be developed for recreational purposes,
the nature of the recreational use development and a schedule for
completion of such improvements.
E.
Where lands to be set aside and preserved as open space are to be
disturbed in the course of constructing the development and then restored
to their former or intended future condition, such restoration shall
be a required improvement and the developer shall tender financial
security to ensure such restoration is completed.
A.
Sidewalks and walking and biking paths shall be constructed and installed in full accordance with the requirements of this chapter and Chapter 121, Streets and Sidewalks, Article V Sidewalks Construction and Maintenance, and with construction standards established in Chapter 29, Part 2, Article VI, Construction Standards for Public and Private Improvements.
B.
Construction of required sidewalks along a lot shall be completed
concurrently with completion of a dwelling or building on the lot,
and not later than the date on which such dwelling or building is
occupied. In any event, all sidewalks within a major subdivision developed
in phases shall be constructed not later than four years after the
date of the developer's agreement for the first development phase.
C.
Construction of approved and required paths shall be completed concurrently
with other improvements in the development. In any event, all paths
within a major subdivision developed in phases shall be constructed
not later than four years after the date of the developer's agreement
for the first development phase.
D.
Where a street is extended from an existing turnaround, sidewalks
shall be constructed through said turnaround and along the street
as extended, with permanent seeding on both sides of the sidewalk
established promptly.
A.
Whenever a public sanitary sewer system is reasonably accessible
to the proposed development or, in the discretion of the Board of
Supervisors, proper development requires provision of public sanitary
sewer service, the developer shall provide the development with a
complete sanitary sewer system to be connected to the public sanitary
system.
B.
Plans for installation of a sanitary sewer system shall be prepared
for the development and all work shall be carried out and completed
in full accordance with regulations of the Millcreek Township Sewer
Authority and Millcreek Township, Township ordinances regulating connections
to and use of the public sewer system, rules and regulations governing
the sanitary sewer system and regulations or approvals of applicable
state and Erie County agencies.
C.
All materials used in construction of the sewer system shall be in
accordance with specifications established by the Millcreek Township
Sewer Authority.
D.
All sanitary sewer construction shall comply with inspection requirements
established by the Township and/or the Sewer Authority, and no sewer
line shall be covered over prior to inspection thereof.
E.
The regulations established in this section, elsewhere in this chapter, in Chapter 102, Sewers and Water, Article IV, Sewer Use, and/or Article V, Industrial Waste, and by regulations governing the sanitary sewer system and those of the Sewer Authority, Commonwealth of Pennsylvania or County of Erie shall govern construction of all sanitary sewer systems, facilities and extensions, wherever located.
F.
Where required under Pennsylvania law and/or regulations of Erie
County or Millcreek Township, the developer shall submit to the Erie
County Department of Health and the Township in required form an application
for approval of a modification to the Township's sewage facilities
plan, approval of which shall be a condition for approval of the development
plan.
G.
It shall be unlawful and a violation of this chapter for any developer
or any other person to effect or cause to allow connection or infiltration
of stormwater discharge into the public sanitary sewer system and/or
a connection or infiltration of sanitary sewage into the storm sewer
system.
H.
In areas not presently served by public sanitary sewer systems where,
in the opinion of the Board of Supervisors, public sewers likely will
be installed in the foreseeable future, the Board, as a condition
on approval of any development plan not providing public sanitary
sewer service, shall require that the developer install capped sewer
mains and house connections in addition to required on-site septic
disposal facilities.
I.
The Board of Supervisors shall have authority to approve or deny
an application for on-site sewage disposal.
J.
If the Board of Supervisors approves a development providing for
an on-lot sewage disposal system, such approval shall be subject to
the express condition that the developer and/or its successors and
grantees join in a later petition for extension of public sanitary
sewer lines to serve the lots in the development and that such lot(s)
connect to a public sanitary sewer system if constructed to serve
the property(ies).
K.
No preliminary or final development plan shall be approved unless
the developer first submits written confirmation of an agreement with
the Sewer Authority ensuring construction and acceptance of public
sewer facilities.
L.
All sanitary sewer lines and other facilities constructed within a public right-of-way and elsewhere as agreed by the Authority shall be dedicated to and, upon their completion, accepted as public improvements by the Millcreek Township Sewer Authority, subject to provisions of Chapter 102, Sewers and Water, Article IV, Sewer Use.
M.
Where private sewerage disposal is authorized by the Board of Supervisors,
the developer shall provide one of the following means of sewage disposal:
(1)
A complete sanitary sewer system to convey the sewage to a treatment
plant (package plant) to be provided by the developer, in accordance
with requirements of PaDEP, the Department of Health and the Township,
with adequate provision for maintenance of such plant; or
(2)
A private sewage disposal system on individual lots, consisting of septic tanks and tile absorption fields laid out in accordance with minimum standards therefor established by PaDEP, the Department of Health and or Millcreek Township ordinance. Approval of each area in which a private sewage disposal system is proposed must be obtained from PaDEP and/or the Department of Health (see § 125-21) and the Township, and such system must be installed in accordance with the plan as approved.
(3)
If the on-lot sewage disposal system is not provided by the developer,
the developer shall require as a condition of the sale of each lot
or parcel in the development that the required facilities shall be
installed by the owner(s) of such lot or parcel in accordance with
these regulations, in which event no building permit shall be issued
unless confirmation of the owner's installation of the required
facilities is first received.
A.
All stormwater management facilities required under the stormwater management or grading plan approved for the development shall be constructed, installed, modified and reconstructed in accordance with such plans as approved and with standards set forth in Chapter 29, Part 2, Public and Private Improvements, Chapter 116, Stormwater Management, and this chapter.
B.
The property owner shall be responsible for the proper construction,
reconstruction and maintenance of stormwater collection and conveyance
facilities, unless and until such facilities are accepted as public
improvements of the Township. No person shall effect any modification
to a public stormwater collection and/or conveyance facility without
the prior written approval of the Township.
C.
Where the design provides for underground facilities which will abut
another property, the Board of Supervisors shall not approve the design
or plan absent submission by the applicant of the written approval
of all owners of the abutting property to the proposed design.
D.
Connection of any storm sewer, groundwater or other stormwater discharge
to a sanitary sewer is prohibited.
E.
Stormwater collection, detention, conveyance and other storm management
and drainage facilities shall be installed to:
F.
The Board of Supervisors shall have authority to require that a developer
complete construction of stormwater management facilities more promptly
than projected in the approved plan if it determines that such development
is causing damage to adjacent properties or lands within the development.
G.
Those stormwater management facilities to be dedicated to public
use and, upon their completion, to be accepted by the Township shall
be identified on the development plan, the maintenance agreement and
the developer's agreement for the development. All other stormwater
management facilities shall be private.
H.
In no event shall Millcreek Township accept downspout or sump discharges
or other facilities servicing private properties as public improvements.
I.
All stormwater management facilities to be privately owned and/or
maintained shall be identified on the development plan, the maintenance
agreement and the developer's agreement for the development.
J.
The Board of Supervisors, in connection with approval of a development
plan application, shall require appropriate provision for the future
maintenance, repair and replacement of privately owned facilities
and for the funding of costs thereof, in a written stormwater maintenance
agreement. The name, address and telephone number of the owner or
other person responsible for maintenance of such facilities shall
be set forth on the maintenance agreement, and the responsible person
shall ensure that the Township is advised, in writing, of any change
in the name, address or telephone number of the responsible party.
K.
The financial security required under this chapter as security for completion of required improvements shall include all improvements required under a stormwater management and/or grading plan as approved by the Board of Supervisors. Provisions of this chapter governing the tender, administration of and rights under such financial security shall apply. In the event of any conflict between financial security requirements in this chapter and those in Chapter 116, Stormwater Management, the greater requirement shall control.
L.
It shall be unlawful and a violation of this chapter and of a developer's
agreement to construct, reconstruct, effect, modify or alter a downspout,
sump discharge and/or other ground water or stormwater collection
or conveyance facility in a manner which constitutes a violation of
established criteria and standards therefor and/or which results in
an improper conveyance or connection.
A.
The developer shall lay out, locate, open, grade and drain all streets and alleys shown on the development plan as approved. The work in all respects shall be done as shown on the approved plan and in accordance with standards set forth in § 29-39 of Chapter 29, Part 2, Public and Private Improvements.
B.
Streets and alleys shall be graded to the full width of the right-of-way,
surfaced and improved to the grades and dimensions shown on the plan,
plan profiles and cross-sections as submitted by the developer and
approved by the Township.
C.
Sidewalk areas shall be graded as required for sidewalks even if
sidewalks are not required in the development as approved.
G.
The maximum slope on banks adjacent to any street measured on a line
perpendicular to the center line of the street shall be 3 to 1 for
fills, and 2 to 1 for cuts.
H.
The developer, with the prior approval of the Board of Supervisors,
may construct the pavement to a higher standard than the Township's
specifications.
J.
Mountable type curbs may be required in residential subdivisions
whose lots at the building line have an average width of less than
80 feet and in other circumstances, in the discretion of the Board
of Supervisors.
A.
Unless otherwise provided in the development plan as approved, the
developer of a residential subdivision involving the construction
or extension of a public street, or abutting an existing local street
on which lots in the development will front, not later than the date
on which the developer has conveyed 30% of the land fronting on any
such street, submit to the Board of Supervisors a petition requesting
creation of a public streetlighting district for all local public
streets within the development and install such streetlighting facilities,
in accordance with Township regulations for creation of lighting districts.
B.
Unless extended by the Board of Supervisors to a later date deemed
reasonable by it, streetlighting poles, lines and other facilities
shall be constructed contemporaneously with construction of streets
and other required improvements within right-of-way areas.
C.
The cost of streetlighting shall be calculated by Millcreek Township
and assessed upon owners of lands abutting the lighting district in
accordance with Township ordinances and regulations governing streetlighting.
A.
The developer shall erect and install at least two street markers
to mark each intersection of two or more streets, one marker being
required for each intersecting street.
C.
Street markers shall be installed prior to occupancy of any dwellings
or other buildings on the street(s) and prior to release of the developer's
financial security.
A.
The developer of a major subdivision or other development involving
construction or extension of a public street shall submit with a plan
application as required by this chapter such certified traffic circulation
plan and engineering study as is required by the Township. Such plan
and study shall, at a minimum, specify:
(1)
Projected volume and circulation of traffic within the development during its construction, upon its completion and 10 years after its completion, and volume of access to the street(s) abutting the development, together with those items required in § 125-42; and
(2)
Identity and location of traffic signage and markers proposed in
accordance with the plan and study and applicable provisions of this
chapter and PennDOT regulations.
B.
The developer shall provide and install stop signs at the intersection
of any local street with a state highway, arterial street and/or collector
street, and, as required by the Board of Supervisors, at the intersection
of local streets.
C.
The developer shall provide and install speed limit signs along streets
in the development in accordance with Township regulations for speed
limitations on local and other streets.
D.
If the Board of Supervisors determines that volume of pedestrian
traffic or other conditions so warrants, the developer may be obligated
as a condition of plan approval to install pedestrian crosswalk markings
and signs.
F.
Costs of required signage and its installation shall be a required
improvement, and such costs shall be included within financial security
tendered to ensure completion of required improvements. Alternatively,
the Board of Supervisors may require that a developer, prior to recording
of an approved plan, pay into the developer's cost deposit a
sum necessary to defray costs of required signage and its installation.
G.
Signs as determined necessary by the traffic engineering study as
approved by the Township shall be purchased and installed by the Township
on behalf of the developer, and costs paid for signage, parts and
Township personnel shall be payable from the developer's cost
deposit or financial security upon demand by the Township. Personnel
costs shall be in accord with rates established annually by the Treasurer
and may include overtime rates.
A.
The developer shall provide the development with a complete water
main supply system which shall be connected to a public water supply
system, except where otherwise authorized under this section.
B.
Plans for installation of a public water main supply system shall
be prepared for the development and all work shall be carried out
and completed in full accordance with regulations of the Millcreek
Township Water Authority or Erie City Water Authority, as applicable.
C.
All water mains, lines and other materials used in construction of
the water supply system shall be in accordance with specifications
established by the municipal water authority maintaining the public
water system in the area of the Township in which the development
is located.
D.
All public water supply system construction shall comply with inspection
requirements established by the municipal authority maintaining the
public water system in that area of the Township in which the development
is located.
E.
Regulations established in this chapter and by regulations of the
applicable water authority, Commonwealth of Pennsylvania or other
Township ordinance shall govern construction of all public water supply
systems, even those constructed in developments whose streets are
privately owned or where water mains and/or are not constructed within
a public street right-of-way.
F.
No preliminary or final development plan shall be approved unless
the developer first submits written confirmation of an agreement with
the Sewer Authority ensuring extension, construction and acceptance
of public water facilities to and within the development.
G.
Fire hydrants shall be installed by the developer in conjunction
with installation of public water lines, shall be located such that
no dwelling or other occupied building is located more than 600 feet
from a hydrant, and shall be subject to these additional requirements:
(1)
All hydrants shall be indicated and labeled as such on the plan and
profile sheets required to be submitted with construction plans under
this chapter; and
(2)
All hydrants shall be installed, marked with flex stakes meeting
Township specifications and fully operational prior to construction
of any dwellings or other buildings within the development. No building
permit shall be issued until all these requirements are met.
H.
All plans for installation of the mains of a public water supply
system shall be prepared for the development subject to the regulations
and specifications and with the approval of the municipal water authority
to provide service.
I.
All water mains, lines and other facilities constructed shall be
dedicated to and, upon their completion, accepted as public improvements
by the municipal water authority having jurisdiction in the area of
the Township in which the development is located.
J.
If the Board of Supervisors shall find that a public water supply
system is not accessible to the development and that the proposed
development can be served properly by an on-lot water supply system,
the Board of Supervisors may approve an individual, on-lot water supply
system for the development and/or lots within the development, subject
to the following requirements:
(1)
Each lot proposed to be served by an on-lot water supply system meets minimum lot area requirements as established in Article X of this chapter;
(2)
The proposed on-lot water supply system meets all specifications
and regulations therefor as established and approved by the Department
of Health; and
(3)
If the on-lot water supply system is not provided by the developer,
the developer shall require as a condition of the sale of each lot
or parcel in the development that the required facilities shall be
installed by the owner(s) of such lot or parcel in accordance with
these regulations, in which event no building permit shall be issued
unless confirmation of the owner's installation of the required
facilities is first received.
A.
The developer shall be responsible for the proper completion of all
required improvements in the development.
B.
Where the Township authorizes a developer to delegate actual construction
of sidewalks, driveways or like improvements, the developer shall
remain responsible for the proper and timely completion of such improvements
in full conformity with applicable regulations. Such delegation shall
not excuse or modify the developer's obligations under this chapter
or the developer's agreement. The Board of Supervisors shall
have authority to establish regulations governing any allowed delegation.
