[Amended 10-22-1990 by Ord. No. 437]
In accordance with the conditions of § 385-29 of this chapter, all required improvements to land must be completed in strict accordance with the Township Zoning Ordinance,[1] other ordinances as applicable, as established in §§ 385-32 to 385-40 of this chapter and Chapter 371, Stormwater Management, of the Code of Peters Township, the Township Fire and Burning Regulations[2] and with the Township Construction Details and Specifications,
copies of which may be obtained from the Township Engineer or the
Planning Department. (See appendix.[3])
The following requirements, as shown on the plat of record, or detailed in supplemental plans, shall be provided by the developer in accordance with the details and/or specifications cited in §§ 385-32 to 385-40 of this chapter.
A.
Cartway paving.
B.
Curbs.
C.
Sidewalks, pedestrian/bike accessways, and open space access.
D.
Monuments.
E.
Street name, and traffic direction and control signs and landscaping
of islands.
F.
Sanitary sewage disposal.
G.
Water supply and fire hydrants.
H.
Storm drainage and management facilities.
I.
Erosion and sedimentation control measures.
J.
Recreation facilities, open space improvements, and buffer or screen
plantings as may have been required.
[Amended 11-27-2000 by Ord. No. 590]
The improvements required within a subdivision or land development
shall be guaranteed as follows:
A.
The developer shall deposit with the Township financial security
in an amount sufficient to cover the costs of any improvements or
common amenities. Without limitation as to other types of financial
security which the Township may approve, federal or commonwealth chartered
lending institution irrevocable letters of credit and restrictive
or escrow accounts in such lending institutions shall be deemed acceptable
financial security. Such financial security shall be posted with a
bonding company or federal or commonwealth chartered lending institution
chosen by the party posting the financial security, provided said
bonding company or lending institution is authorized to conduct such
business within the commonwealth.
B.
Such bond or other security shall provide for and secure to the public
the completion of any improvements which may be required on or before
the date fixed in the formal action of approval or accompanying agreement
for completion of the improvements.
C.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the municipality may adjust
the amount of the financial security by comparing the actual cost
of the improvements which have been completed and the estimated cost
the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the municipality may require the developer to post additional security
in order to assure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this subsection. If the developer postpones installation of the
final wearing surface of the street until after acceptance of the
public improvements as provided in the Appendix, CD-1,[1] then 110% of the cost of the wearing surface only shall
be posted as security for completion based on a current estimate of
the cost of the wearing surface. The amount of financial security
required shall be based upon an estimate of the cost of completion
of the required improvements. Said estimate is to be determined in
one of the following ways at the option of the applicant:[2]
(1)
An estimate submitted by the Township Engineer.
(2)
An estimate submitted by the applicant and prepared by a professional
engineer licensed in Pennsylvania, and certified by such engineer
to be a fair and reasonable estimate of the cost. The Township, upon
the advice of the Municipal Engineer may refuse to accept such estimate,
in which case procedures authorized in § 509(g) of the Municipalities
Planning Code shall be followed.[3]
[3]
Editor's Note: See 53 P.S. § 10509(g).
[1]
Editor's Note: CD-1 is an illustration in Appendix A, Construction Details and Specifications, which is attached to this chapter.
D.
In cases where development is projected over a period of years, the
Township may authorize submission of final plats by section or stages
of development subject to such requirements or guarantees as to improvements
in future sections or stages of development as it finds essential
for the protection of any finally approved section of the development.
E.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Council to release
or authorize the release, from time to time, such portions of the
financial security necessary for payment to the contractor(s) performing
the work. Any such request shall be in writing addressed to the Council,
and the Council shall have 45 days from receipt of such request within
which to allow the Township Engineer to certify, in writing, to Council
that such portion of the work upon the improvements has been completed
in accordance with the approved plat and supplemental plans. Upon
such certification, the Council shall authorize release by the bonding
company or lending institution of an amount as estimated by the Township
Engineer which fairly represents the value of the improvements completed,
or, if the Council fails to act within said forty-five-day period,
the Council shall be deemed to have approved the release of funds
as requested. In the event that the improvements have been guaranteed
by the posting of an improvement bond, the developer shall be required
to post a bond in the lesser amount prior to the release of the originally
posted performance bond. The Council may, prior to final release at
the time of completion and certification by the Township Engineer,
require retention of 10% of the estimated cost of the aforesaid improvements.
F.
If water mains or sanitary sewer lines are to be installed under
the jurisdiction and pursuant to the rules and regulations of a public
utility or municipal authority separate and distinct from the Township,
financial security to assure proper completion and maintenance thereof
shall be posted with said public utility or municipal authority and
shall not be included with the financial security posted with the
Township.
No improvements shall be made or approved by the Council except
in accordance with the following procedure:
A.
Twenty four hours before the developer or contractor is ready to
prepare the subgrade of the road, he shall notify the Township Manager
and the Township Engineer, in writing.
B.
Twenty four hours before the developer or contractor is ready to
lay the slag base of a road, he shall notify the Township Engineer,
so that the Township Engineer shall make periodic inspections during
the course of installation.
C.
The developer or contractor shall notify the Township Engineer after
the stormwater and drain tile, if required, are laid, but 24 hours
before they are covered over for the Township Engineer's inspection.
D.
Twenty four hours before the developer or contractor is ready to
put the top or final coat on the road, he shall notify the Township
to have the Township Engineer make his final inspection. No final
paving shall be permitted until such inspection has been made and
approval to proceed has been granted.
E.
Twenty four hours before the developer or contractor has arranged
for the installation of any utilities within the rights-of-way or
easements in the plan, he shall notify the Township Engineer so that
an inspection can be made prior to the covering of the utilities.
F.
The Township Engineer, by appointment with the contractor or developer,
shall make the above inspections and shall also inspect the completed
roads, storm sewers, drainage facilities, monuments, open space areas,
and any other required improvements.
G.
The inspection of sanitary sewer installations shall be in accordance
with the procedures of the applicable Sanitary Authority with any
required notices also being submitted to the Township.
[Amended 11-27-2000 by Ord. No. 590; 3-9-2009 by Ord. No. 709]
The following procedure shall be followed for the acceptance
of the improvements and release from financial security:
A.
Acceptance of improvements. Every street, park, sewer, stormwater
management facility or other improvement shown on a subdivision or
development plat that is recorded as provided herein shall, notwithstanding
such recording, be deemed to be a private street, park, sewer, stormwater
management facility or other improvement, and the Township shall have
no responsibility with respect thereto until such time as the same
shall have been offered for dedication to the Township and accepted
by it, by resolution, and recorded in the office of the Clerk of Courts
of Washington County, or until it shall have been duly condemned by
the Township for public use.
B.
Requirements for acceptance of improvements. When the developer has
completed all of the required and appropriate improvements, the developer
shall notify the Township Council in writing, by certified or registered
mail, of the completion of the improvements and shall send a copy
thereof to the Township Engineer. Such notification shall be accompanied
by the following:
(1)
A deed of dedication of any public grounds and public road rights-of-way
(R.O.W.).
[Amended 9-12-2016 by Ord. No. 803]
(2)
A legal description of all road rights-of-way intended to become
public.
(3)
As-built plans. Originals and one set of prints of as-built plans
along with a digital copy of the as-built plan in PDF and AutoCAD
format must be submitted for approval. The as-built plans must contain
the following information:
(a)
General. Plan name, owner/developer name and address, graphic
scale, North arrow.
(b)
Certification. Signature and seal of plan preparer, a note stating
that "All storm sewer construction was located within a dedicated
right-of-way or in an easement for that purpose and the information
shown on this plan was obtained from a survey conducted in the field."
(c)
Property information. Lot lines, road rights-of-way, all easements
with ties to property lines.
(d)
Roadway. Width and cul-de-sac radius.
(e)
All subdivision monuments with state plane coordinates.
(f)
Storm sewers. Show all structures with top and invert elevations,
indicate any drop connections, indicate pipe diameter, material, slope,
segment length, service tap locations stationed from the nearest downstream
manhole.
(g)
Stormwater management/detention. Show all detention facilities
with as-built topography in two-foot intervals, detail the as-built
outlet structure, calculate and show the storage volume below the
emergency spillway, show all permanent swales, ditches, and rock aprons.
(h)
All utility line locations with approximate distance from back
of curb
(4)
A closed circuit television inspection of the storm sewer system
in accordance with Professional Association of Certified Plumbers
(PACP) guidelines. The inspection must be provided on CD as a video
file in .MPEG or other approved format.
(5)
A receipt for all charges and fees required to be paid to the Township.
(6)
A maintenance bond or other financial security of the same type as
approved in this chapter for performance financial security in an
amount not less than 15% of the actual cost of all improvements 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 plat and accompanying plans as approved by
the Council for a term of 18 months from the date of the acceptance
of dedication.
(a)
If the final layer (wearing surface) of the road is not completed
prior to acceptance of the public improvements, a fifteen-percent
eighteen-month maintenance bond will be required for the actual cost
of the improvements installed at the time of acceptance. In addition,
a fifteen-percent eighteen-month maintenance bond will be required
for the actual cost of the wearing surface once accepted by the Council.
(7)
For all postconstruction stormwater management facilities permitted
under an NPDES permit issued by the Washington County Conservation
District or the Pennsylvania Department of Environmental Protection,
a copy of the completed notice of termination (PADEP Form 3150-PM-BWEW0229b
and subsequent revisions) is required prior to acceptance of the stormwater
management facility by the Township.
[Added 9-12-2016 by Ord.
No. 803]
C.
Release from improvement bond. Release from improvement bond or other
guarantee of completion of improvements shall be by the following
procedure:
(1)
Within 10 days after receipt of notice as provided for in Subsection B above, the Township Council shall direct and authorize the Township Engineer to inspect all required improvements. The Township Engineer, shall, thereupon, file a report, in writing, with the Township Council and shall promptly mail a copy of the same report to the developer or subdivider by certified or registered mail. Said report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Township Council; said report shall be detailed and shall indicate approval or rejection of required 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 Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. The Township Engineer shall not recommend approval for any improvement or facility unless it is constructed according to the approved S/LD plan and functioning properly. In the case of any stormwater management facility, it must be free of sediment debris and certified by the design engineer that the facility was built and installed in accordance with the approved design.
(2)
Within 15 days of receipt of the Engineer's report, the Township
Council shall notify the developer or subdivider, in writing, by certified
or registered mail, of the action of said body with relation to said
report. If the Township Council or Township Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer or subdivider
shall be released from all liability, pursuant to its performance
guaranty bond or other security agreement. If any portion of required
improvements shall not be approved or shall be rejected by the Township
Council, the developer shall proceed to complete the same, and, upon
completion, the same procedure as outlined herein, shall be followed.
(3)
Nothing herein, however, shall be construed to limit the developer's
or subdivider's right to contest or question, by legal proceedings
or otherwise, any determination of the Township Council or the Township
Engineer.
(4)
When the conditions for acceptance of the improvements have been
met and the improvements have been approved by the Township Council
and the Township Engineer, the developer shall be released from its
performance guaranty bond or other security agreement.
