A.
All streets, water lines, sanitary sewers, storm sewers and other improvements required or provided for shall, upon completion, become public improvements and in each instance except where provided otherwise by ordinance (see Chapter 116, Stormwater Management, regarding stormwater detention and retention facilities) shall be a part of the system of the public improvements of Millcreek Township or the providing Authority.
B.
A developer in all plan applications submitted to Millcreek Township
shall identify those required improvements proposed to be dedicated
to the Township or to the applicable water or sewer authority for
public use.
C.
The developer shall identify on a final plan application and in the
owner's plat certificate thereon all lands and improvements offered
for dedication to public use, and approval of a final plan shall constitute
agreement by the Township to those improvements proposed for acceptance.
D.
The Board of Supervisors shall determine those improvements it shall
accept as public improvements.
B.
The agreement shall define the developer's obligations generally
to construct all required improvements.
(1)
All required improvements offered for dedication to public use shall
be identified in the developer's agreement.
(2)
The agreement shall prohibit assignment by the developer of duties
imposed under ordinance and the agreement, but shall authorize delegation
of certain duties with prior agreement of the Township subject to
compliance by the developer with notice requirements ensuring that
items are constructed in accordance with specifications and with required
inspections All required improvements offered for dedication to public
use shall be identified in the agreement. Such delegation shall be
subject to exercise by the Township of rights under security tendered
to remove improperly constructed improvements and/or construct required
improvements.
C.
Prior to release of an approved final plan for recording, the developer
shall tender to the Engineering Department security in a form authorized
in this chapter to ensure completion of all required development and
stormwater management improvements in the development.
(1)
The security shall be in a sum not less than 110% of the amount of
the certified engineer's estimate of construction costs submitted
with the final plan and as approved by the Township Engineer.
D.
Construction of all improvements required in a development shall
be subject to the following general regulations, to be incorporated
in the agreement:
(1)
All required improvements shall be constructed according to plans
and profiles submitted by the developer and as approved by the Board
of Supervisors, and in accordance with standard specifications of
the Township as set forth in this chapter and/or in other applicable
ordinances and regulations.
(2)
The improvements shall be constructed under a contract or agreement
satisfactory to the Township and, in all cases, the Township shall
be held harmless against and indemnified for all loss, damage, claim
or expense sustained by any person as a consequence of construction
of said improvement(s).
(3)
During the course of construction, the work shall be subject to inspection
by inspectors employed by the Township at the expense of the developer,
in accordance with established regulations.
(4)
Upon completion of the required construction of sanitary sewers, storm sewers, water lines and/or paving of streets, as described in Article IX of this chapter, the developer shall submit to the Township or approving authority for its permanent records final plans and profiles drawn on Mylar sheets with title block, all of said improvements which have been constructed, together with all pertinent information shown thereon, corrected to represent the improvements as actually built and stating the date of completion of each kind of improvement and the identity of the contractor. The plan and profile shall be drawn at the following scales:
(5)
Upon completion of the work, final approval thereof by the Board
of Supervisors and the furnishing of the tracing and profiles, the
Board, upon written request by the developer and certification by
the Engineer, shall by resolution accept such improvements as have
been dedicated and completed, and ownership thereof shall then vest
in the Township for public use and all right, title and interest of
the developer and others therein shall cease. Thereafter, no additions
or changes or connections to the improvement may be made by any person
without first making application therefor and receiving approval of
the Board of Supervisors.
(6)
Construction of improvements required under Chapter 116, Stormwater Management, shall be effected in compliance with regulations established in that ordinance with specifications as set forth in Chapter 29, Part 2, Public and Private Improvements, this chapter and Chapter 116, Stormwater Management.
(8)
Construction of required improvements shall be completed by the dates
set forth in this chapter or other applicable ordinances.
(a)
Millcreek Township shall have authority to increase the amount of the security tendered for completion of improvements to account for inflation if required improvements are not constructed promptly, in accordance with the regulations of § 125-36E.
(b)
Should a developer fail to complete construction of required
improvements by the date(s) established for their completion as may
upon written request and for good cause have been extended by the
Board of Supervisors, the Township Engineer shall issue to the developer
by certified mail, return receipt requested, notice of violation with
a deadline for completion of the specified improvements.
(c)
Failure by a developer to tender additional security required by the Township under §§ 125-36E and 125-95D(8)(a), above, within 30 days after the date of the Engineer's written request therefor and/or to complete required improvements by the date(s) established for their completion shall constitute a violation of this chapter and a material default under the developer's agreement and that security tendered for completion of required improvements.
(9)
The developer shall be solely responsible for construction of all
required improvements, excepting only those authorized in the agreement
for delegation to third parties. Any such delegation shall be subject
to the following provisions:
(a)
No duties not agreed to by the Township and set forth in the
agreement may be delegated by the developer.
(b)
Even where delegation is authorized, the developer shall remain
liable to the Township for the timely and proper construction of all
improvements.
(c)
The developer shall ensure that persons to whom construction
duties are delegated are supplied with Township specifications and
procedures governing inspections of the work, and that such specifications
and regulations are complied with.
(d)
If delegation of work is authorized, all restrictions and covenants
declared or recorded for the development shall include such provisions
as the Township deems necessary to ensure proper notice to third parties.
(e)
Failure to comply with notice, inspection and other regulations
shall not constitute an excuse for improper or untimely construction.
(f)
Upon receipt of written notice from the Township Engineer, the
developer shall remedy defective performance or complete construction
of required improvements, notwithstanding delegation of such responsibility
under private contract.
(g)
Millcreek Township shall not be deemed a party to or obligated
under any private contract between the developer and a third party
addressing responsibility for delegated construction of improvements.
E.
Default by a developer in performance of obligations established in this chapter, Chapter 116, Stormwater Management, Chapter 29, Part 2, Public and Private Improvements, and/or the developer's agreement shall constitute a violation of this chapter, and the Township, in such event, shall have authority to exercise all enforcement measures authorized in Article XVI and in other applicable laws and, should the default involve failure to complete required improvements in timely and proper fashion, to exercise the Township's rights under security for their completion.
(1)
In the event of a default or violation, the developer shall, in addition
to relief and sanctions otherwise authorized, be obligated to pay
to Millcreek Township all attorneys' and other professionals'
fees, costs and expenses reasonably incurred by it in securing performance,
collecting sums payable under tendered security and/or maintaining
actions for violation.
(2)
By resolution adopted after failure by a developer to complete or
rectify construction of required improvements by the date established
in a written notice issued by the Engineer by certified mail, the
Board of Supervisors is authorized to declare a developer in default,
exercise rights of the Township under security received for completion
of improvements, receive and retain funds from such security, to advertise
or solicit bids or quotations as applicable for performance of required
work, award contracts for performance of required work, authorize
payment of contracts, costs and fees incurred from the security, provide
for disposition of excess funds or collection of additional sums due
by reason of the default and take all other actions necessary or appropriate
in the circumstances. A copy of such resolution(s) shall be provided
to the developer and to any person or entity to whom a demand for
payment over of security is submitted.
G.
No improvement shall be accepted by the Township unless the Board
of Supervisors shall have consented to dedication of the improvement
in the final plan as approved, or until the Township Engineer shall
first have certified that such improvement in all respects complies
with specifications established in this chapter or in another applicable
law or ordinance.
H.
Storm sewer pipes must be free and clear of dirt and debris prior
to acceptance of them by the Township.
A.
Every street, park and other improvement shown on a development plan
shall be deemed to be a private street, park or improvement until
such time as the same shall have been offered for dedication to Millcreek
Township and accepted by the Township as a public improvement by resolution
or ordinance of the Board of Supervisors, or until it shall have been
condemned by the Township for use as a public street, park or other
public improvement.
B.
The developer shall be solely responsible for all maintenance of
streets, sewers and other improvements, and for removal of snow and
ice from streets in the development until such time as such street(s)
or other improvement(s) have been constructed in full accordance with
applicable specifications, such proper completion has been inspected
and certified and the street and/or improvement has been accepted
or condemned by resolution or ordinance approved by the Board of Supervisors.
C.
The developer, as a condition on approval of any plan application, shall assure throughout the period of development that all streets, sewers and other required improvements are properly maintained and that snow and ice are removed from all streets in timely and proper fashion, so as to minimize inconvenience and safeguard the health, safety and welfare of residents within the development and persons traveling or entering upon the improvements. Failure to properly maintain improvements and/or to assure proper and timely removal of snow and ice from all streets during their construction and prior to acceptance shall constitute a violation of this chapter and be subject to penalties and fines as prescribed in Article XVI.
D.
Upon request of the developer, entry by the developer into the agreement
document adopted for use by the Board of Supervisors and prepayment
of fees due thereunder for the entire plowing season, the Board of
Supervisors may enter into a written agreement with a developer, providing
that the Township will assume responsibility for removal of snow and
ice from streets in a development prior to their acceptance as public
streets, subject to the following requirements:
(1)
The developer shall prepay upon execution of such agreement fees
due to the Township for the entire next following snow plowing season,
such fees to be commensurate with the value of the service and the
length, number and nature of streets (including turnarounds) to be
plowed;
(2)
Such agreement shall extend for a single season, and may be terminated
by either party on 30 days' prior written notice;
(3)
Such agreement shall apply and extend only to the development(s)
specified in the agreement; and
(4)
The Board of Supervisors shall endeavor to establish on or before
September 1 of each year fees for the plowing season commencing that
autumn, and developers shall give written notice of their desire to
enter into such agreements not later than October 1, at which time
the annual agreement and fee prepayment shall be tendered.
E.
Should a developer who has not entered into an agreement with the
Township providing for the Township's provision of snow and ice
removal services fail to remove snow and ice from streets within the
development in timely and proper fashion:
(1)
The Township, upon receipt of complaints, shall first direct complainants
to the developer;
(2)
Should the developer fail to remedy the violation promptly, the Township
may, if so directed by the roadmaster having authority, enter upon
said streets and remove snow and ice therefrom in order to protect
the public health, safety and welfare;
(3)
A developer's failure to properly maintain and/or remove snow and ice from improvements shall constitute a violation of this chapter and the developer's agreement, and shall subject the developer to fines for each day of the violation and such other enforcement measures as are authorized under Article XVI; and
(4)
The Township shall be entitled to recover all sums advanced or incurred
by it in provision of snow and ice removal services upon the developer's
failure to do so and, if such sums are not paid in full by the developer
within 15 days after the date of the Township's invoice therefor,
the Township may recover said sums from the developer's deposit
account for costs and/or initiate any other proceeding for collection,
suspending reviews and permits until all such sums are paid.
F.
Upon certification of a dedicated improvement's completion and
its acceptance by the Board of Supervisors, the Township shall be
responsible for future maintenance of the improvement, subject to
the developer's financial security for integrity of construction
for a period not exceeding 18 months from the date of the Township's
acceptance.
A.
Except as specifically provided otherwise under written agreement authorized by this chapter or Chapter 116, Stormwater Management, Millcreek Township shall have no responsibility for the maintenance or repair of an improvement not dedicated to and accepted by the Township for public use.
B.
Where a development plan identifies streets, parks, stormwater detention/retention
facilities, open space or other improvements or common lands which
are to be and remain privately owned, the Board of Supervisors may
in its discretion condition approval of the plan on such guarantee
of or provision for the future maintenance and repair of such improvements
and lands as it deems necessary and appropriate in the circumstances.
In the exercise of its discretion, the Board may require that:
(1)
The developer or other single owner of the lands being developed
remain obligated to hold, supervise and maintain the said lands and/or
improvements;
(2)
If the developer or other single owner does not wish to own and maintain
the same and the Board of Supervisors agrees, a condominium, homeowners'
or similar association be established to hold, supervise and maintain
said lands and/or improvements;
(3)
Means of funding such association so as to enable it to maintain
the lands and improvements are established; and
(4)
Any other measure deemed necessary by the Board to ensure proper
future maintenance and repair of such lands and improvements be implemented.
