[Ord. 2007-07, 12/11/2007, § 1]
1.
No plan shall be finally approved unless:
A.
Streets shown on such plan have been improved as may be required
by this chapter.
B.
Any walkways and sidewalks across public areas have been installed
in accordance with this chapter.
C.
Curbs have been installed in accordance with this chapter.
D.
Gutters have been installed in accordance with this chapter.
E.
Stormwater management facilities have been installed in accordance
with this chapter.
F.
Fire hydrants have been installed in accordance with this chapter.
G.
Soil erosion and sedimentation control measures have been installed
in accordance with this chapter.
H.
Water mains have been installed in accordance with this chapter.
I.
Sanitary sewers have been installed in accordance with this chapter.
J.
Storm drains; pipes and/or swales and other storm drainage appurtenances
have been installed in accordance with this chapter.
K.
Other improvements as may be required by this chapter have been installed
in accordance with such chapter.
2.
In lieu of the completion of any improvements required as a condition
for the final approval of a plan, the applicant may deposit with the
Township a corporate bond or other security acceptable to the Township
Solicitor in an amount sufficient to cover the costs of any improvements
that may be required.
A.
Such bond or other security shall provide for and secure to the public
the completion of any improvements that may be required within this
chapter.
B.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plans by
sections 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.
3.
When requested by the applicant, in order to facilitate financing,
Manchester Township shall furnish the applicant with a signed copy
of a resolution of the Board of Supervisors indicating approval of
the final plan contingent upon the applicant obtaining a satisfactory
financial security.
A.
The resolution of contingent approval shall expire and be deemed
to be revoked if the financial security agreement is not executed
within 90 days.
B.
The applicant shall have the right to request, in writing, an extension
of this ninety-day period, which extension shall not be unreasonably
withheld by the Board of Supervisors.
C.
The final plan shall not be signed or recorded until the financial
improvements agreement is executed.
[Ord. 2007-07, 12/11/2007, § 1]
1.
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.
A.
Annually, Manchester Township may adjust the amount of the financial
security.
(1)
This will be accomplished by comparing the actual cost of the
improvements that have been completed and the estimated cost for 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 for completion.
(a)
Subsequent to said adjustment, Manchester Township may require
the developer to post additional security in order to assure that
the financial security equals 110% of the cost of completion.
(b)
Any additional security shall be posted by the developer in
accordance with the provisions of this Part.
2.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements.
A.
The estimate shall be submitted by the applicant or developer.
(1)
The estimate shall be prepared by a professional engineer licensed
as such in the Commonwealth of Pennsylvania and certified by such
engineer to be a fair and reasonable estimate of such cost.
(2)
If the applicant or developer and the Township are unable to
agree upon an estimate:
(a)
The estimate shall be recalculated and recertified by another
professional engineer licensed as such in the Commonwealth of Pennsylvania
and chosen mutually by the applicant or developer and Manchester Township.
[Ord. 2007-07, 12/11/2007, § 1]
1.
As the work of installing the required improvements proceeds, the
applicant posting the financial security may request the Board of
Supervisors to release or authorize the release, from time to time,
of such portions of the financial security necessary for payment to
the contractor or contractors performing the work.
A.
Any such requests shall be in writing, by certified or registered
mail, addressed to the Board of Supervisors of Manchester Township.
(1)
The Township shall have 45 days from receipt of such request
within which to allow the Manchester Township Engineer to certify,
in writing, to the Board of Supervisors that such portion of the work
upon the improvements has been completed in accordance with the approved
plan.
(a)
Upon such certification, the Township shall authorize release
by the bonding company or lending institution of an amount as estimated
by the Manchester Township Engineer fairly representing the value
of the improvements completed.
(b)
If the Township fails to act within said forty-five-day period,
the Township shall be deemed to have approved the release of funds
as requested.
2.
The Board of Supervisors may, prior to final release at the time
of completion and certification by the Manchester Township Engineer,
require the retention of 10% of the estimated cost of the aforesaid
improvements, for a period of up to six months from the date of completion.
4.
Nothing herein, however, shall be construed in limitation of the
applicant's rights to contest or to question by legal proceedings
or otherwise any determination of the Board of Supervisors or of the
Manchester Township Engineer.
[Ord. 2007-07, 12/11/2007, § 1]
1.
In the event that any improvements which may be required have not
been installed as provided in this chapter or in accord with the approved
final plan.
A.
The Board of Supervisors may enforce any corporate bond or other
security by appropriate legal and equitable remedies.
(1)
If proceeds of such bond, or other security, are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Board of Supervisors
may, at its option.
2.
All of the proceeds, whether resulting from the security or from
any legal or equitable action brought against the applicant, or both,
shall be used solely for the installation of the improvements covered
by such security and not for any other Township purpose.
[Ord. 2007-07, 12/11/2007, § 1]
1.
The final responsibility for the installation of the improvements
required by this chapter rests with the applicant.
A.
Upon installation of improvements in accordance with the specifications
of the approved plan and the Township Engineer, the applicant must
take the final steps to dedicate the improvements and have them accepted
by the Township.
(1)
(2)
No sanitary sewer system offered for dedication will be accepted
if:
(a)
There are deficiencies or failure of materials or installation.
(b)
The lines have not been televised and recorded.
(c)
As-built drawings have not been received and approved by the
Manchester Township Municipal Authority's Engineer.
(d)
A written offer to the municipal authority has not been received
from the applicant.
[Ord. 2007-07, 12/11/2007, § 1]
1.
The applicant shall post financial security to secure the structural
integrity of the improvements (maintenance security) as well as the
functioning of said improvements in accordance with the design and
specifications as depicted on the final plan:
A.
When all required improvements have been installed by the applicant.
B.
After the improvements have been inspected by the Township and the
Township's Engineer and have been found to be satisfactory to
Manchester Township.
C.
When the Board of Supervisors accepts dedication of all or some of
the required improvements.
2.
This security shall be posted with the Township for a term not to
exceed 18 months from the date of acceptance of dedication.
3.
If water mains along with apparatus or facilities related thereto
are to be installed, financial security to assure proper completion
and maintenance thereof shall be posted in accordance with the regulations
of the York Water Company or other water utility and shall not be
included within the financial security as otherwise required by this
section.
[Ord. 2007-07, 12/11/2007, § 1]
1.
Offers of dedication must be made in writing to the Manchester Township
Board of Supervisors.
A.
Any streets offered for dedication must include:
2.
Upon receipt of an offer of dedication of any public improvements
or public site.
A.
The Township shall direct the Township Engineer and appropriate staff
personnel to inspect the improvements offered for dedication.
3.
The offer to dedicate streets, parks or other areas or portions of
them does not impose any duty upon the Township concerning maintenance
or improvement until the proper authorities of the Township have made
actual appropriation by ordinance or resolution or by entry or improvement.
A.
If land is dedicated for a public site and its use for this purpose
is not imminent, the applicant may be permitted to dedicate the land
with the privilege of using the surface rights until the Township
is ready to use the land.
B.
Such dedication with the temporary privilege of use must be noted
on the final plan.
[Ord. 2007-07, 12/11/2007, § 1]
1.
On sites reserved for eventual public acquisition:
A.
No building or development is permitted during the period of reservation.
(1)
Unless provided for as prescribed above and noted on the final
recorded plan.
(2)
Developer may be required to remove any structure or improvement
upon the termination of the agreed upon period at the developer's
expense.
(3)
The cost to remove any proposed structure or improvement shall
be guaranteed by posting security in the manner prescribed above.
[Ord. 2007-07, 12/11/2007, § 1]
1.
The applicant or developer of residential property shall dedicate
land to the Township to satisfy the recreational needs of those persons
who may reside on the property.
A.
The land to be dedicated or reserved must be:
(1)
Of suitable and usable size.
(2)
Of usable dimensions.
(3)
Of adequate topography to be usable.
(4)
Of a location with adequate access to the site.
(5)
Of a general character for the proposed use.
(6)
The site must be located in an area identified in the recreation
plan as having a need for additional recreation facilities.
2.
The amount of land to be dedicated or reserved shall be not less
than 0.02 acres for each lot shown intended to be used as residential
on the final plan or for each dwelling unit shown on the land development
plan.
3.
In lieu of the actual dedication of land or where the applicant and
Board of Supervisors agree for any other reason the developer may;
A.
Reserve land for a private area or private facilities.
B.
Construct recreation facilities at an existing Township park.
C.
Pay a fee in lieu of such dedication or construction.
D.
Or some combination thereof for park or recreation purposes.
(1)
The applicant and the Board of Supervisors may also agree by
a written agreement upon any combination of dedication of site, construction
of facilities and/or payment of a fee that will meet the intent of
the recreation plan and this chapter.
6.
The fee permitted and/or required by this section in lieu of dedication
of lands, the reservation of lands and/or facilities to be constructed
shall be as follows:
A.
The fee per lot or unit shall be established annually by resolution
of the Board of Supervisors for the purpose of providing park or recreational
facilities accessible to the development.
B.
The fee as required by this section shall be paid to Manchester Township
prior to the recording of the final plan.
C.
Such fee shall be deposited in an interest bearing account clearly
identifying the facilities for which said fee was reserved.
7.
In lieu of such fees, the applicant and Board of Supervisors may
agree that the applicant will construct recreational facilities at
an existing Township recreation site accessible to the development.
[Ord. 2007-07, 12/11/2007, § 1]
2.
Such areas or sites must be of a character, extent and location as
to be clearly related to the local and neighborhood needs of the residents
of the development.
A.
No land may be required for dedication that would primarily serve
the need of the Township as a whole as distinguished from the subdivision
or neighborhood.
[Ord. 2007-07, 12/11/2007, § 1]
1.
Where a subdivision or development is traversed by a watercourse,
stream, channel or other drainage way.
A.
The applicant must provide a drainage easement conforming substantially
to the existing alignment of the drainage way.
2.
Drainage easement for open channels:
A.
Shall be a width of 20 feet in addition to the required width to
accommodate a one-hundred-year storm if any exists as defined by the
floodplain maps provided by FEMA or any other regulatory agency.
B.
Easements shall be permanent.
C.
No buildings, fences, shrubbery or other structures that would obstruct
the flow of water shall be permitted within the easement.
(1)
Fences only may be permitted in a drainage/stormwater easement if permitted by the provisions of the Manchester Township Zoning Ordinance [Chapter 27].
(2)
A notation indicating the restrictions imposed on any drainage
or stormwater easement or right of way must be affixed to any plan.
(3)
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse in accordance with § 26-312 of the Manchester
Township Code of Ordinances (Illicit Discharge Ordinance).
3.
Any changes in existing drainage way must be approved by the Pennsylvania
Department of Environmental Protection.
[Ord. 2007-07, 12/11/2007, § 1]
1.
Recording the final plan after approval of the Board of Supervisors
has the effect of an irrevocable offer to:
