[Ord. 07-117, 11/13/2007, § 501]
1.
Monuments and markers must be placed so that the scored or marked
point coincides exactly with the point of intersection of the lines
be monumented. They must be set so that the top of the monument or
marker is level with the finished grade of the surrounding ground.
Monuments must be marked on the top with a copper or brass plate or
steel dowel set in concrete.
A.
[Ord. 07-117, 11/13/2007, § 502]
1.
All streets shall be graded at full right-of-way width and paved
to the grades and dimensions drawn on the plans, profiles, and cross-sections
approved by the Township. Before establishing finished subgrade and
paving the street surface, the developer must install all required
underground utilities. Specifications for the construction of streets
shall be in accordance with the following:
A.
Street Construction. All construction materials and methods for improvements
as required under this section shall be in accordance with the Construction
Specifications of Cumberland Township and the Pennsylvania Department
of Transportation Specifications, Publication 408, and Roadway Construction
(RC) Drawings, as may be amended.
|
In addition, all streets shall be constructed in accordance
with any additional standards required by the Township Engineer, when
in the opinion of the Engineer conditions such as traffic volume,
or expected weight of proposed traffic justify alternate specifications.
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(1)
The Township shall inspect roadway construction to determine
compliance with standards of ordinance and conformance to approved
plans. At a minimum each course shall be inspected prior to placement
of each successive course.
(2)
The Township shall reserve the right to require additional depth
of materials or to deviate from type of material specified where,
in the opinion of the Township Engineer, it is necessary to withstand
projected traffic loads or adverse environmental conditions.
(3)
The Township may, when deemed necessary by the Township Engineer,
require the installation of subsurface drainage systems, which may
consist of subgrade and/or drains or geotextile placement. Construction
standards shall be in accordance with PennDOT Publication 408 and
Roadway Construction Standards. This requirement may occur as a result
of field inspections or compaction testing during construction.
B.
Street Lights.
(1)
The need for adequate lighting shall be considered for all proposed
developments. In any proposed subdivision or land development involving
10 or more lots or dwelling units with an average lot size or area
per dwelling unit of 15,000 square feet or less, a street light system
meeting Township Requirements shall be installed at intersections
and at intermediate locations throughout the development. In addition,
the Township may require the developer to install individual property
lights in the ratio of one to each lot. In evaluation of these criteria,
the total number of lots projected at build out must be considered.
(2)
The Township may require a design plan be provided by an experienced
lighting designer. Complete detail drawings including pole mounting,
dimension and type, fixture type and wattage shall be provided for
review and approval of the Township. The Township may also require
a photometric print of the proposed lighting.
(3)
Unless otherwise agreed and approved, the lighting system shall
be made part of the development association or property owners responsibly
for ownership, operation and maintenance. All systems shall be of
a design and construction that where available, agreements for maintenance
may be entered into with the local electric utility authority.
(4)
Each light shall be controlled by an electric photocell to operate
continuously from dusk to dawn. They shall be shielded or erected
as to not illuminate the interior of adjacent structures.
C.
Street and Other Signage.
(1)
Where deemed necessary by the Township, street and other signage
shall be required for developments. Signs shall be placed at intersections
and other locations as required by the Township. The design of such
signs shall be subject to Township approval and shall meet the requirements
of the Pennsylvania Department of Transportation.
(2)
A tabular and graphic representation of signage shall be provided
on the plans including reference to required specifications. All traffic
studies which are required for the justification of signage shall
be prepared and submitted with the subdivision or development plan.
(3)
Speed limit signs should be placed at intervals determined to
be enforceable by the Cumberland Township Police Department.
D.
Private Streets. Private streets as the sole means of access to and
from a subdivision and land development to and from the public right-of-way
are discouraged. Any application involving such a private street shall
be approved only at the discretion of the Township, and not as a matter
of right on the part of the applicant. Private streets (streets which
will not be offered for dedication to the Township) may be permitted
for subdivisions of four or more lots, or for land developments containing
a maximum of two single-family dwellings and only single-family dwellings,
only when such private streets conform to the specifications and requirements
for public streets as specified in this chapter. Private streets for
land developments involving multi-family dwellings, or more than two
single-family dwellings, shall not be permitted. For subdivisions
containing three lots or less of tracts of land existing as of the
date of the original amending ordinance (January 26, 1994), private
streets may be permitted for access to and from said lots to and from
the public right-of-way, provided that only one such three-lot subdivision
shall be permitted for any parcel of land existing as of the date
of the original amending ordinance (January 26, 1994) and provided
that the following additional requirements are met:
(1)
All subdivision plans approved by the Township under the provisions
of this section shall include the following note and shall be subject
to the provisions specified therein:
"Restrictions and/or conditions relating to private streets
serving residential lots: Each deed for the transfer or conveyance
of any lot shown on the accompanying plat shall contain the following
restrictions and/or conditions, which conditions and/or restrictions
shall be deemed to be covenants running with the land: (a) the private
street shown in the plat depicting the subject lot shall remain a
private street, and Cumberland Township shall have no duty or obligation,
under any circumstances, to accept the dedication of the same as a
public road of the Township; (b) the purchasers or owners of the subject
lot, and their heirs, personal representatives, successors and assigns,
shall be responsible for the construction, maintenance, repair, and
snow removal of said private street; (c) so long as the subject private
street remains a private street, Cumberland Township shall have no
duty, responsibility or liability; relative to the construction, maintenance,
repair, and snow removal of said private street; (d) no further subdivision
of any of the subject lots, or the tract from which the lots have
been subdivided, shall be permitted unless and until said private
street has been constructed or improved so as to comport in all respects
with prevailing Township standards and specifications, has been offered
for dedication unto the Township by at least 60% of the owners or
purchasers of the lots abutting the subject private street, and has
been accepted by the Township as a public road of the Township."
(2)
There must be full compliance with all other applicable subdivision
requirements of this chapter.
(3)
No private street which will not meet public street standards
shall exceed 800 feet in length.
(4)
All private streets must have a minimum right-of-way width of
50 feet. In addition, the following specifications must be met:
(a)
The center of the private street must be placed on the center
of the fifty-foot right-of-way.
(b)
The cartway width of the private street must be at least 16
feet wide, and improved with a base course that shall consist of eight
inches of 2-A stone. The base course shall be measured after it has
been compacted with a roller of not less than 10 tons in weight.
(c)
The crown of the private street shall have a fall of 1/4 inch
to the foot, measured from the center line to the cartway edge of
the private street.
(d)
When a private street enters a state or Township road, the entrance
of said private street shall be improved, as per the specifications
for public street pavement contained herein, for a distance of 45
feet from the center line of said state or Township Road.
(e)
Dead-end private streets are prohibited, unless constructed
as culs-de-sac, with a turnaround having a minimum of one-hundred-twenty-foot
diameter right-of-way.
(f)
Whenever a developer proposes to establish a street which is
not offered for dedication, he shall submit a copy of a statement
signed by the Township Solicitor that he has made an agreement on
behalf of his heirs and assigns with the Township. Said agreement
shall be subject to the Township Solicitor's approval and shall
be recorded with the development plan and referred to by that plan.
Said agreements shall establish the conditions under which the street
or streets may later be offered for dedication and shall stipulate
among other things:
1)
That the street shall be in good state of repair as certified
by the Engineer, or that the owners of the lots along it agree to
include with the offer of dedication sufficient money, as estimated
by the Engineer, to restore the street to a good state of repair.
2)
That an offer to dedicate the street shall be made only for
the street as a whole.
3)
The method of assessing repair costs.
4)
That agreement to offer the street for dedication by the owners
of 60% of the lots shall be binding on the owners of the remaining
lots.
(5)
Notification must be provide to subsequent lot owners that no
Township services shall be provided on private streets.
[Ord. 07-117, 11/13/2007, § 503]
1.
Where required by the Township following review of the development
design standards, curbs shall be installed on both sides of proposed
streets. Curbs may also be required on existing streets where they
are deemed necessary to control the flow of surface water and regulate
traffic.
2.
Curbs may also be required within multi-family and nonresidential
developments.
3.
The construction of vertical curbs shall conform to Township specifications
and the requirements of plain cement concrete curb, as specified in
Publication 408 and RC standards of the Pennsylvania Department of
Transportation, or as amended. Mountable concrete curb may be used
subject to approval by the Township following Consultation with the
Engineer and Road Superintendent.
4.
Where a driveway enters a street and as directed by the Township
an approved depressed curb section shall be installed. When curbing
is to be removed to construct a driveway, the length of the curbing
to be removed shall be carried to the nearest expansion joint. If
such a joint is more than five feet from the end of the curb removal,
the section shall be neatly saw cut.
5.
Curb cut ramps shall be provided at street intersections and at locations
as required by the Americans with Disabilities Act of 1990, as most
recently amended. Whenever possible, the ramp design shall not direct
pedestrians to the center of intersections.
6.
In the event that the requirements for curbing are waived the following
may be required:
A.
Drainage swales of dimensions approved by the Township Engineer shall
be provided.
B.
Shoulders may be required to separate the cartway and the drainage
swale.
C.
Additional right of way may be required to accommodate the shoulder
and drainage swale.
D.
The Township may require that a maintenance agreement be provided
and made part of the approved plan whereby the developer agrees that
the individual property owners will be responsible for perpetual maintenance
of drainage swales.
[Ord. 07-117, 11/13/2007, § 504]
1.
In any proposed subdivision or land development involving 10 or more
lots or dwelling units with an average lot size or area per dwelling
unit of 20,000 square feet or less, or where any subdivision is immediately
adjacent to or within 1,000 feet of any existing or recorded subdivision
having sidewalks, sidewalks shall be installed on each side of proposed
and existing streets in accordance with Township specifications.
2.
Sidewalks shall be placed within the right-of-way of the street and
shall extend in width from the right-of-way line toward the curb line.
3.
Sidewalks must be at least four feet wide. In the vicinity of shopping
centers, schools, recreation areas and other such facilities, sidewalks
must be at least five feet wide and be located within the street right-of-way.
4.
All materials and construction requirements shall be governed by
and subject to Cumberland Township specifications and the Pennsylvania
Department of Transportation's specifications Publication 408,
as may be amended.
5.
The Township may require the installation of sidewalks, at its sole
discretion, where in the opinion of the Township pedestrian safety
and/or mobility would be better served by the installation of sidewalks.
In certain circumstances it may be desirable that an alternative method
of pedestrian circulation be substituted for standard sidewalk construction.
These alternative methods can include the installation of walking
paths, greenways, bike paths, trails, or similar modes of non-vehicular
circulation. In these instances the developer may submit a site plan
depicting the location, layout, dimensions and any other criteria
deemed necessary by the Township to evaluate the request for an alternative
method. The Township shall review the submitted material and determine
if the proposed alternative is acceptable.
6.
If a proposed sidewalk is to replace an existing sidewalk, the existing
sidewalk shall be removed completely. All debris resulting from this
process shall become the property of the contractor and shall be disposed
of properly.
7.
The plans shall clearly note that perpetual maintenance and repair/replacement
shall be the responsibility of the property owner.
[Ord. 07-117, 11/13/2007, § 505]
1.
Sewage Disposal System. Design, review and approval of sewage disposal
systems shall be as outlined in Part 4.
A.
The type of sewage disposal shall be consistent with the Township's
official plan for sewage facilities (Act 537 Plan).
B.
Design and construction standards shall be in accordance with the
rules and regulations of the Township or applicable municipal authority
and shall be subject to their review and approval in accordance with
the provisions of this chapter.
C.
Where private community systems are to be used, it shall be agreed
that they shall serve as an interim method of disposal until such
time that a public system is available.
D.
Construction materials and methods of private community system shall
be in accordance with the rules and regulations of the Township or
applicable municipal authority, and the Pennsylvania Department of
Environmental Protection.
E.
All sanitary sewer and water supply systems located in any designated
floodplain district shall be flood proofed up to the regulatory flood
elevation.
F.
All on-site sewage disposal systems shall be installed in accordance
with the rules and regulations of Cumberland Township and the Pennsylvania
Department of Environmental Protection.
G.
In the case of privately owned community systems, prior to approval
of a preliminary plan, the developer shall provide an agreement to
the Township, which provides for the following:
(1)
Installation of the system in accordance with approved plans.
(2)
Provision of financial surety to cover 110% of installation
costs.
(3)
Municipal inspection of construction.
(4)
Completion and submittal of an as-built drawing.
(5)
Assurance that upon availability of a public system that the
development will be connected to the public system.
(6)
Provision for guarantee for long term operation and maintenance
in accordance with the requirements of the Township per 25 Pa.Code,
Chapter 71, of the Pennsylvania Department of Environmental Protection's
rules and regulations.
H.
In the case of community systems that are to be dedicated to the
public, construction shall be in accordance with the rules and regulations
of the applicable agency or authority.
I.
In the case of community systems that are to be owned by a HOA or
similar entity, all documents concerning maintenance, operation and
financial obligations shall be submitted to, and approved by, the
Township Solicitor.
2.
Water Supply and Distribution Systems. Design, review, and approval
of water supply and distribution systems shall be in accordance with
Part 4.
A.
Design and construction standards shall be in accordance with the
rules and regulations of the Township or applicable municipal authority
and shall be subject to their review and approval in accordance with
the provisions of this chapter.
B.
Where private community systems are to be used, it shall be agreed
that they shall serve as an interim method of disposal until such
time that a public system is available.
C.
Construction materials and methods of private community system shall
be in accordance with the rules and regulations of the Township or
applicable municipal authority, and the Pennsylvania Department of
Environmental Protection.
D.
In the case of privately owned community systems, prior to approval
of a preliminary plan, the developer shall provide an agreement to
the Township, which provides for the following:
(1)
Installation of the system in accordance with approved plans.
(2)
Provision of financial surety to cover 110% of installation
costs.
(3)
Municipal inspection of construction.
(4)
Completion and submittal of an as-built drawing.
(5)
Assurance that upon availability of a public system that the
development will be connected to the public system.
E.
In the case of community systems that are to be dedicated to the
public, construction shall be in accordance with the rules and regulations
of the applicable agency or authority.
F.
Provision for guarantee for long term operation and maintenance in
accordance with the requirements of the Township.
3.
Association for the Operation and Maintenance of Private Systems.
A.
When private sewage treatment systems and/or water supply systems
are installed by the developer, an association or other organization
must be established by the developer to operate and maintain the systems.
B.
Any and all legal documents involved in establishing this association
or any other organization must be submitted and approved by Cumberland
Township prior to approval of the final plan.
C.
Financial surety shall be provided to the Township in the amount
to be determined by the Township Engineer in accordance with 25 Pa.Code,
Chapter 71, of the Pennsylvania Department of Environmental Protection's
rules and regulations, to ensure operation and maintenance of privately
owned wastewater treatment facilities. This must be provided prior
to final plan approval.
D.
In addition to the requirements of this section, all other applicable
requirements of this chapter shall be met.
[Ord. 07-117, 11/13/2007, § 506]
1.
Fire hydrants or other means of fire protection as approved by the
Township shall be provided as an integral part of any public or private
community water supply system or as a part of any water system to
serve an industrial use. The water system shall be of adequate supply
and shall be designed to provide pressure adequate for the use of
fire hydrants or other approved fire protection systems.
2.
Water supply shall be adequate for the use of fire hydrants or other
approved fire protection systems. Water supply shall be adequate for
fire flow demands. The following represents minimum recommended fire
flow requirements. Modification of these requirements shall be allowed
upon review and recommendation of the providing water authority, fire
service agency and Township Engineer:
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District Classification
|
Minimum Fire Flow
|
Minimum
(Hours)
|
Duration
|
Maximum Spacing
|
Hydrant
|
|---|---|---|---|---|---|
|
Residential
|
500 GPM
|
1
|
600'
| ||
|
Includes: 1 and 2 family dwellings
|
1893 L/min
|
202 m
| |||
|
Commercial
|
1,000 GPM
|
2
|
330'
| ||
|
Includes: all commercial uses, hotels, apartments, multiple
residence buildings, schools, and colleges
|
3785 L/min
|
101 m
| |||
|
Industrial
|
1,500 GPM
|
4
|
330'
| ||
|
5678 L/min
|
101 m
|
3.
The developer shall be required to prepare and submit all necessary
engineering studies to ensure that adequate water pressure and volume
will be available. A minimum residual pressure of 20 psi shall be
maintained at all times.
A.
Fire hydrants shall be installed in accordance with the requirements
of the local fire authority. The applicant shall submit proof that
the couplings on said hydrants are of a design which is compatible
with local fire equipment. Fire hydrants shall conform to the standards
of the local municipal and fire authority and the National Fire Protection
Association.
B.
Fire hydrants shall be placed at maximum intervals of not more than
600 feet and in locations acceptable to the Township and local fire
authority.
C.
Where deemed necessary, the Township may require submittal of design
information for fire protection systems for review and approval. Standards
for fire protection systems shall be as specified by the Township.
D.
The developer shall obtain written concurrence of the fire protection
system from the local fire authority having jurisdiction over the
area.
[Ord. 07-117, 11/13/2007, § 507]
1.
Design and construction of storm drainage and stormwater management facilities shall be in accordance with the Township's Stormwater Management Ordinance [Chapter 20] which was adopted pursuant to the Monacacy River Watershed Act 167 Plan, Cumberland Township specifications, and PennDOT Publication 408 and Roadway Construction Standards and shall be subject to the review and inspection of Cumberland Township and the Township Engineer.
2.
In addition stormwater management plans and reports shall meet the
following requirements:
A.
General Requirements.
(1)
The plan shall show all drainage within the area affecting the
subject property, all existing and proposed drainage facilities, all
grading proposed for the subject property, as well as the additional
plan information required in this section.
(2)
All land areas shall be graded to secure proper drainage away
from buildings, on-lot sewage disposal facilities, and the like, and
to prevent the collection of stormwater in pools. Drainage provisions
shall be of such design as to carry surface waters to the nearest
practical natural drainage channel, storm sewer system detention basin
or other drainage facilities. The landowner or developer shall construct
and/or install such drainage structures and/or pipes as are determined
necessary by the Township to prevent soil erosion, damage, siltation
and to satisfactorily carry off surface water. In the design of storm
drainage facilities, special consideration must be given to preventing
excess runoff onto adjacent developed or undeveloped properties. In
no case may any slope exceeding the normal angle of slippage of the
material involved. All slopes must be protected against erosion. In
no case may a change be made in the existing topography which would:
(3)
Storm sewers, culverts, bridges, and related drainage installations
shall be provided:
(a)
To permit unimpeded flow of natural watercourses.
(b)
To insure adequate drainage of all low points as may be related
to streets.
(c)
To intercept stormwater runoff along streets at intervals reasonably
related to the extent and grade of the area drained to prevent flow
of stormwater across intersections, and to prevent the flooding of
intersections during the design storm.
(d)
To insure adequate and impeded flow of stormwater under driveways
in, near, or across natural watercourses or drainage swales. Properly
sized pipes or other conduits shall be provided as necessary.
(e)
To prevent excessive flow on or across streets, sidewalks, drives,
parking areas, and any other paved surface or access way.
(f)
To lead stormwater away from springs.
(g)
Provide adequate drainage away from on-site sewage disposal
systems.
(4)
The stormwater management plan for each subdivision and/or land
development shall take into account and provide for upstream areas
within the entire watershed in computing discharge quantities, sizing
of pipes, inlets and other structures. The runoff from any proposed
development shall be subject to evaluation which includes the anticipated
runoff from other existing or proposed developments within the same
watershed. Stormwater management facilities designed to serve more
than one property or development in the same watershed are encouraged,
in which case consultation with the Township is required prior to
design.
(5)
All natural streams, channels, swales, drainage systems and/or
areas of concentration of surface water shall be maintained in their
existing condition unless alteration is approved by the Township.
In any event, all encroachment activities shall comply with 25 Pa.Code,
Chapter 105, of the Commonwealth of Pennsylvania Department of Environmental
Protection, "Dam Safety and Waterway Management," rules and regulations.
(6)
Man-made structures shall be kept to a minimum and bridges,
culverts, or rip-rap shall be constructed to maintain the natural
characteristics of the stream and shall meet the approval of the Township.
(7)
For the purpose of this subsection, streams and intermittent
streams are defined as those watercourses on the Cumberland Township
Zoning Map, the USGS Quadrangle maps of the area, and/or determined
as such pursuant to an on-site survey by the Township.
(8)
Retention/detention basins shall be designed to utilize the
natural contours of the land. When such design is impracticable, the
construction of the basin shall utilize slopes as shallow as possible
to blend the structures into the existing terrain.
(9)
Any subdivision and/or land development within a flood hazard area shall comply with all of the provisions of the Cumberland Township Zoning Ordinance [Chapter 27], and the rules and regulations of the Pennsylvania Department of Environmental Protection.
(10)
Any water originating from non-natural sources such as swimming
pools, air conditioning units, sump pumps, roof drains or other similar
flow shall not be discharged directly onto any street or other public
right-of-way used for pedestrian or vehicular access. The Township
may require a plan that provides for these discharges.
(11)
All lots, tracts, or parcels shall be graded to provide proper
drainage away from buildings and dispose of the runoff without ponding,
and all land within a development shall be graded to drain and dispose
of surface water without ponding, except where other arrangements
are approved by the Township. Grading shall not be done in such a
way so as to divert water onto the property of another landowner without
the expressed consent of the Township and the affected landowner.
B.
Stormwater Management Plan Requirements. In addition to the drainage plan requirements in Part 4 of the Cumberland Township Stormwater Management Ordinance, Ord. 115, 1/3/2006 [Chapter 20, Part 4], the following requirements apply:
(1)
A plan showing all pre-development and post-development stormwater
flow to and from basins. A plan showing all post-development flows
to all inlets, headwalls, swales, channels, and the like. The drainage
areas and the design flow to each inlet or structure shall be delineated
on a copy of the stormwater management plan where applicable.
(2)
A map depicting the total watershed. A USGS Quadrangle map is
suitable as the source for such a map. However, the watershed area
must be highlighted or otherwise distinguished from other areas outside
the watershed.
(3)
Maps and drawings showing all existing and proposed drainage
facilities affecting the subject property.
(4)
The following stormwater related items shall be included as
part of the plan submission:
(a)
Definition of existing on or off-site drainage problems.
(b)
Appropriate stormwater management criteria such as release rate
percentage, direct discharge and downstream impact elevation.
(c)
Configuration of the storm sewer and sanitary sewer system layouts.
(d)
Location and layout of the stormwater management system with
a detailed description of its proposed design and operation.
(e)
Profiles of all proposed sewers, including elevation, sizes,
slopes and materials, at a scale of no less than one inch equal 50
feet horizontal and one inch equal five feet vertical. In addition,
a plan (at a smaller scale where necessary) shall be provided which
shows the overlay development drainage and grading.
(f)
Locations, dimensions and design details required for the construction
of all facilities. All existing and proposed detention/retention basins
shall, at a minimum, be shown in plan view and shall include, but
not be limited to, the following information:
(g)
Soil percolation test results. Soil testing shall be completed
and reported in accordance with the criteria established by the Township
Engineer. Specific alternate criteria may be submitted for review
and consideration.
(h)
Final provisions for ownership and maintenance of all stormwater
related facilities.
C.
Standards and Criteria.
(1)
Stormwater Collection System. The design of stormwater collection
and conveyance facilities shall be governed by the following criteria:
(a)
Peak discharge shall be computed using the Rational Formula:
|
Q = CIA
|
|
Where:
| ||||
|
Q
|
=
|
Peak discharge in cubic feet per second
| ||
|
C
|
=
|
Runoff coefficient expressed as the ratio of peak runoff rate
to the average amount of rainfall over a period of time equal to the
time of concentration
| ||
|
I
|
=
|
Average rainfall intensity in inches per hour for a time equal
to the time of concentration
| ||
|
A
|
=
|
Drainage area in acres
| ||
|
In general, the procedure from the Pennsylvania Department of
Transportation, Design Manual, Part 2 shall be followed.
|
(2)
Runoff coefficients shall be computed as a weighted average
of conditions which represent maximum development potential on the
property. Soil types, ground slope, and storm frequency shall all
be considered in the selection of runoff coefficients. Reference for
the coefficients applied should be provided in the report.
(3)
Storm intensity (I) shall be computed as a function of the time
of concentration (Tc). A Tc of five minutes shall be used in determining
intensity unless the drainage area parameters justify the use of a
greater value. Use of a Tc greater than five minutes shall be as approved
by the Township Engineer.
(4)
The minimum full flow velocity of any storm sewer or culvert
shall be 2.5 feet per second (fps).
(5)
Storm Frequency. The following storm frequencies are to be used
for design:
(a)
Local streets: ten year.
(b)
Major intersections of local streets: twenty-five year.
(c)
Collector streets and arterial streets: fifty year.
|
Alternate criteria may be required following recommendation
of the Township Engineer. In addition, functional classification of
streets, for the purpose of determining storm frequencies, shall be
as interpreted by the Township Engineer.
|
(6)
For storm sewers that will be dedicated to the Township, all
pipe material shall either be reinforced concrete or smooth lined
corrugated polyethylene pipe to be as determined by the Township.
Standards as referenced from ASTM or other source acceptable to the
Township Engineer shall be specified.
(7)
Minimum pipe size for storm sewers shall be 15 inches in diameter
unless otherwise approved by the Township Engineer.
(8)
Installation.
(a)
Storm sewers shall be installed a sufficient time in advance
of final street paving in order to allow for settlement of the trench.
(b)
Installation shall be in accordance with manufacturers recommendations,
PennDOT Publication 408 and RC standards or as specified by the Township
Engineer.
(c)
Storm sewers to be dedicated to the Township shall be placed
on a minimum of six inches of stone bedding. Stone backfill shall
be required to a point of 12 inches minimum over the top of the pipe
for pipes which will not be located under streets or parking lots
and to the top of finished subgrade for pipes which will be beneath
streets or parking lots. Backfill shall be compacted in lifts and
shall be subject to inspection by the Township Engineer.
(d)
Minimum cover from the top of the pipe to the top of subgrade
shall be 12 inches.
(9)
Safety features shall be incorporated into the storm sewer system
as necessary.
(10)
Minimum thickness of any corrugated steel or metal pipe shall
be 16 gage or as otherwise required by the Township for anticipated
load conditions.
(11)
Roof and basement drains must not be connected to streets, sanitary
or storm sewers or roadside ditches in order to promote overland flow
and infiltration/percolation of stormwater.
D.
Inlets/Manholes/Junctions.
(1)
In general, inlets, manholes, grates, covers, frames and the
like shall conform to the Pennsylvania Department of Transportation
Standard Specifications, Publication 408 and RC Standards. Design
shall be performed in accordance with the Pennsylvania Department
of Transportation or Federal Highway Administration standards. Additional
alternate criteria may be required following review of the Township
Engineer.
(a)
Inlets shall be spaced such that they are not subject to flows
higher than five cubic feet per second or at a distance greater than
400 along curbed streets and at low points on sag vertical curves
with an inlet on each side of the street. Additional inlets shall
be placed at the upper side of street intersections, to prevent stormwater
from crossing the intersection. Inlets are not allowed on the intersection
radii. In no case shall inlets be placed at a location where they
function at less than 65% efficiency based on criteria in the PennDOT
Design Manual. Design shall be such that the maximum allowable spread
of water on streets shall not exceed 1/2 of the travel lane.
(b)
Inlets shall have weep holes placed at the appropriate elevations
to drain the bottom of the inlet box and the subgrade prior to placing
the base and surface courses.
(c)
Where structures are subject to traffic loads, the structure
shall be traffic rated.
(d)
Inlet tops in residential developments shall be bicycle safe
unless otherwise approved.
(e)
Manholes shall not be placed more than 500 feet apart. Additionally,
manholes shall be placed at points of change in horizontal and/or
vertical direction of storm sewers. Inlets may be substituted for
manholes where they will serve as a means of intercepting runoff.
(f)
If less than a forty-eight-inch diameter, curves in pipes or
box culverts, without junction are prohibited. Tee joints, elbows,
and wyes are always prohibited.
(g)
In all cases inlet and catch basin tops shall be designed and
installed level with the road surface.
E.
Channels and Culverts.
(1)
Culvert Design. In cases where drainage is collected by means
of a headwall, and inlet or outlet conditions control, the pipe shall
be designed as a culvert.
(a)
The minimum diameter of the culvert shall be 18 inches. Design
shall be in accordance with the U.S. Federal Highway Administration
design procedure.
(b)
The maximum HW/D ratio for inlet control shall be 1.25 or such
that water surface elevation is a 1/2 foot below the edge of street
grade during a twenty-five-year storm event, whichever is more stringent.
(c)
Headwalls and endwalls shall be provided for all culverts unless
otherwise approved by the Township Engineer. Material shall be reinforced
concrete unless otherwise approved.
(d)
Culvert pipe and material shall be the same as that required
for storm sewers.
(e)
All applicable nomographs and supporting documentation shall
be submitted.
(2)
Channel Design.
(a)
Manning's equation shall be used for the design of all
open channels. Complete calculations shall be submitted which detail
flow, depth, and velocity. For channels and swales, design for erosion
control must be provided.
(b)
All channels shall be designed to prevent erosion of the channel
bottom and sides. The flow velocity in all vegetated drainage channels
shall not exceed the maximum permissible velocity to prevent soil
erosion. Stabilization techniques such as rip-rap, sodding, geo-fabrics
and/or premanufactured products shall be utilized where necessary
to minimize erosion potential.
(c)
The design of swales and channels shall, as a minimum, conform
to the design procedures as outlined by (1) The Federal Highway Administration,
and (2) the Pennsylvania Department of Environmental Protection, Bureau
of Soil and Water Conservation, Erosion and Sediment Pollution Control
Manual.
(d)
Where swales are installed, and vegetative stabilization has
not or will not occur between November 1 and March 1, other means
of temporary stabilization shall be provided.
(e)
Design criteria for swales and channels shall be the same as
that required for storm sewers.
F.
Stormwater Management Facilities.
(1)
General Design Criteria.
(a)
Peak discharge and runoff shall be computed using the soil-cover
complex method contained in the "Urban Hydrology for Small Water Sheds,"
Technical Release No. 55, published by the Engineering Division, Soil
Conservation Service, United States Department of Agriculture. Alternate
methodology may be used subject to approval by the Township Engineer.
(b)
For the purposes of predevelopment flow rate determination,
undeveloped land shall be considered as "meadow" good condition, unless
the natural ground cover generates a lower runoff curve number (RCN)
or Rational "C" value (e.g., forest).
(c)
Pre-existing pervious or impervious areas, where stormwater
management controls have been previously provided, may be included
as existing conditions in pre-development runoff calculations. However,
if stormwater management controls have not been previously provided,
ground cover shall be considered as meadow.
(d)
Stormwater shall not be re-routed or concentrated in a manner
which is inconsistent with downstream conditions or where downstream
properties are likely to be affected. In addition the proposed stormwater
discharge at the perimeter of the site shall not exceed the capacity
of any existing facility nor shall it alter the pre-development flow
characteristics. All new concentrated discharges of stormwater onto
adjacent properties shall be within existing storm sewers or channels.
The Township may require written acknowledgment or easement from adjacent
property owners in the event that these conditions are not met.
(e)
Cumberland Township has the authority to require that computed
existing runoff rates be reconciled with field observations and conditions.
If the designer can substantiate through actual physical calibration
that more appropriate runoff and time-of-concentration values should
be utilized at a particular site, then appropriate variations may
be made upon review and recommendations of the Cumberland Township
Engineer. Calibration shall require detailed gauge and rainfall data
for the particular site in question.
(f)
The design of all stormwater management facilities shall incorporate
sound engineering principles and practices. Cumberland Township reserves
the right to disapprove any design that would result in the occupancy
or continuation of an adverse hydrologic or hydraulic condition within
the watershed.
G.
Detention Basins.
(1)
Basin Design Criteria.
(a)
Basins shall provide control of post development peak runoff rates as specified in the Township Stormwater Management Ordinance [Chapter 20].
(b)
In locations where known drainage or flooding problems exist
and where stormwater management has not been previously provided and
it is determined that the proposed development may contribute to the
problem it may be recommended by the Township Engineer that the discharge
of basins or other stormwater management peak flow rate controls be
such that the post-development release rate from storms up to the
ten-year frequency be limited to the pre-development flow rate from
a two-year frequency storm.
(c)
The Modified PULS Routing technique or other method approved
by the Township Engineer shall be used for routing computations.
(2)
Basin Construction Standards.
(a)
Basins shall not be located over any existing or proposed utility
lines.
(b)
The maximum slope of earthen embankments shall be four to one,
with three to one allowed following review and recommendation from
the Township Engineer. The top or toe of any slope shall be located
a minimum of 15 feet from adjacent property lines, except for a downstream
property line where there shall be sufficient additional distance
for energy dissipation and for access of maintenance equipment but
in no case shall be less than 40 feet unless approved otherwise by
the Township. Greater slopes may be allowed with the provisions of
a design basis which considers fill material and stabilization where
approved by the Township Engineer. In areas which are not easily accessible
for maintenance, side slopes shall not exceed five to one.
(c)
Where possible the side slopes and basin shape shall blend with
the natural topography.
(d)
The minimum top width of detention basin berms shall be six
feet.
(e)
All basins shall have provisions for de-watering so as not to
create unmaintainable conditions. The minimum grade of the basin floor
shall be 2% to insure proper drainage towards the outlet structure.
One percent may be allowed following review and recommendation of
the Township Engineer or if a paved or stabilized low flow channel
is provided.
(f)
All submitted basin plans shall indicate the construction specifications
and compaction requirements to be used during construction. All earth
fill dams shall be designed and certified by a registered professional
engineer. Construction specifications shall be reviewed and approved
by the Township Engineer.
(g)
A cutoff trench shall be excavated along the center line of
any dam on an earth fill embankment. The minimum depth shall be three
feet. The minimum bottom width shall be 10 feet or wide enough to
permit operation of compaction equipment.
(h)
A minimum of six inches of topsoil shall be placed on all areas
affected by the basin construction (i.e., basin floor, side slopes,
top of berm, and the like) to allow for the establishment of vegetation.
(i)
All basins shall be stabilized using methods acceptable to the
USDA Soil Conservation Service.
(j)
The maximum water depth of a finished detention basin (measured
from the lowest point in the basin floor to the crest of the emergency
spillway) shall not exceed eight feet unless otherwise approved by
the Township Engineer.
(k)
Fencing. Any stormwater management facility that is designed
so that it detains water on a temporary or permanent basis may be
subject to the following fencing regulations:
1)
Facilities with water depths exceeding
four feet or greater may require fencing, if a public safety hazard
is deemed possible by the Township Supervisors. In determining the
need for fencing, the Township Supervisors shall consider at a minimum,
the following:
2)
All gates opening through a fence enclosure shall be equipped
with a self-closing and self-locking device for keeping the gate securely
closed at all times.
3)
The Cumberland Township Supervisors may require the installation
of a shrub barrier in lieu of a fence. The Township reserves the right
to review and approve the proposed shrubbery for this application.
4)
The fencing type, height and style shall be reviewed and approved
at the discretion of the Township.
(l)
A minimum of one foot freeboard shall be provided above the
basin water surface elevation during a one-hundred-year frequency
storm.
(m)
Minimum floor elevations for all structures shall be two feet
(minimum) above the basin water surface elevation during a one-hundred-year
frequency storm. If basements will be provided, detailed calculations
and water proofing design shall be provided which addresses the effects
of stormwater on the structure.
(n)
The Township may, upon recommendation of the Township Engineer,
impose additional requirements on earth fill dams for the safety and
welfare of the Township.
(o)
For sites of geologic concern, a geotechnical analysis and design
of the site as it relates to the proposed basin shall be provided.
(3)
Emergency Spillway Standards.
(a)
Minimum freeboard, or the distance between the design flow elevation
and the top of the settled basin embankment, shall be one foot for
a one-hundred-year frequency storm.
(b)
Emergency spillway design should be based on a one-hundred-year
design storm when neglecting the capacity of the outlet structure
and outfall culvert.
(c)
Emergency spillways shall be constructed on undisturbed earth,
where possible. Emergency spillways shall be constructed of vegetated
earth, reinforced concrete or concrete mound slabs. Emergency spillways
shall NOT discharge stormwater over earthen fill or other easily erodible
material without adequate protection against soil erosion. Detailed
calculations and design shall be submitted. Downstream channels shall
be of adequate design to convey flows from the emergency spillway
to an existing stream, storm sewer or other approved discharge point.
(4)
Outlet Pipes and Structures. The following measures shall be
incorporated into the design and construction of all outlet structures
and pipes. Supporting calculations and drawings shall be submitted.
(a)
Antiseep collars shall be installed around all outlet pipes
through embankments. The antiseep collars and their connections to
the pipe barrel shall be watertight. Design calculations in accordance
with the USDA Soil Conservation Service shall be submitted.
(b)
Temporary sedimentation controls shall be provided during construction
to prevent the flow of sediment-laden runoff through the basin outlet
pipe. Such measures may include temporary riser pipes, rock-filled
gabions, plywood stand boxes, silt fences, skimmers and the like.
Design of such measures shall comply with the requirements of the
Adams County Conservation District.
(c)
Energy dissipation shall be provided at the outlet of detention
basins, along outfall channels, and at the discharge end of all conveyance
pipes.
(d)
Outlet control structures shall be constructed to prevent flotation.
(e)
Outlet control structures shall be equipped with a childproof,
non-clogging, removable, trash rack for all openings larger than 12
inches in diameter.
(f)
All pipes through earthen embankments shall be of a type, which
watertight joint systems are available. Outfall pipes and culverts
shall be reinforced concrete unless otherwise approved by the Township
Engineer.
(5)
Where required by the Township an analysis shall be conducted
of the conditions downstream of the discharge from the property proposed
for development. Such analysis shall consider existing and proposed
flow rates, velocities, potential for erosion, and expected water
surface elevations in relation to existing structures or properties.
Such downstream analysis shall be submitted to the Township Engineer
and, where deemed necessary, to the Adams County Conservation District.
H.
Subsurface Disposal/Retention Basin Systems.
(1)
Installation Requirements.
(a)
The following procedures and materials shall be required for
all subsurface facilities:
1)
Excavation for infiltration facility shall be performed with
equipment which will not compact the bottom of the seepage bed, infiltration
trench or like facility.
2)
The bottom of the bed or trench shall be roughened prior to
placement of aggregate.
3)
Only clean, open graded aggregate, free of fines, shall be used
in subsurface systems.
4)
The top, sides, and bottom of all seepage beds, infiltration
trenches, or like facilities shall be covered with a drainage filtration
fabric which meets the requirements of the Pennsylvania Department
of Transportation, Publication 408, for Class I Geofabrics.
5)
All pipes leading into subsurface drainage systems shall be
equipped with screening devices to prevent debris from entering the
system.
6)
The bottom of all subsurface disposal or retention basin systems
shall be a minimum of 12 inches above the limiting zone as established
by the site specific soil profile. Depths of less than 12 inches above
the limiting zone will only be allowed where the developer provides
a written report certified by a registered professional engineer,
geologist, or hydrogeologist, which certifies that the condition will
not create an environmental hazard.
7)
Inspection points, cleanouts and overflow facilities shall be
provided for subsurface disposal systems.
8)
All subsurface stormwater disposal systems or retention basins
shall be located a minimum of 100 feet from any potable water wells.
I.
Basins with Permanent Pools (Wet Basins).
(1)
Basins designed to have a permanent pool of water stored in
the reservoir shall conform to the design standards of detention or
retention basins. Where deemed to be necessary, after consulting with
the Township Engineer, the Township may impose additional criteria
for design and construction of wet basins. Earthen embankment designs
shall be sealed by a registered professional engineer experienced
in such design.
(2)
Embankments shall have a slope not exceeding four horizontal
to one vertical.
(3)
Adequate stabilization shall be provided to control anticipated
erosion due to wave or water level fluctuation.
(4)
Where necessary wet pond embankments shall be protected from
rodent intrusion.
[Ord. 07-117, 11/13/2007, § 508]
1.
All development applications that involve grading or excavation shall
conform to the requirements of the Adams County Conservation District
or the Pennsylvania Department of Environmental Protection pertaining
to erosion and sedimentation control. It shall be the responsibility
of the applicant to secure approval of the Adams County Conservation
District or the Department of Environmental Protection as is appropriate.
Approval of plans by the Township shall not be construed as approval
under such regulations.
2.
In addition, the construction of erosion and sediment control facilities
and land grading shall conform to the standards of this chapter.
[Ord. 07-117, 11/13/2007, § 509]
1.
Easements shall be provided where stormwater or surface water drainage
facilities are existing or proposed, whether located within or beyond
the boundaries of the property. Easement for maintenance of pipes
and culverts shall run from outlet to inlet. Swales which receive
runoff from more than one lot must be provided with an easement.
2.
The plan shall comply with the requirements of this chapter and shall
be adequately designed to provide area for (A) the collection and
discharge of water, (B) the maintenance, repair, and reconstruction
of the drainage facilities and, (C) the passage of machinery for such
work.
3.
Easements shall include a description of an ownership and maintenance
program, in a recordable form, that clearly sets forth responsibility
for all temporary and permanent stormwater management facilities.
In the case of lot boundaries in subdivisions, it shall be the property
owner's responsibility to maintain adequate drainage from the
property to the point of access to the public right-of-way or to privately
owned storm sewer drainage facilities.
[Ord. 07-117, 11/13/2007, § 510]
1.
All stormwater management plans shall conform with the floodplain
standards specified in other applicable Township ordinances, regulations,
or codes.
2.
The downstream toe of any embankments shall be located outside of
any designated floodway. In the absence of a designated floodway the
toe of the embankment shall be located a minimum of 60 feet from the
top of any stream bank.
3.
Where the embankment of any stormwater management facility is shown
to be located within a designated floodplain as indicated on the Township
Flood Insurance Rate Map, the following additional information shall
be provided:
A.
Calculations shall be submitted to verify that the emergency spillway
will be capable of passing the one-hundred-year flood flows associated
with the floodplain as referenced from the Flood Insurance Rate Map
as prepared by the Federal Emergency Management Agency or in the absence
of detailed flow data in the Federal Emergency Management Agency Study,
the applicant shall submit calculations, as prepared by a registered
professional engineer, to substantiate such design. The calculations
shall be reviewed by the Township Engineer. If determined to be necessary
by the Township to protect downstream property, such calculations
shall include a dam breach analysis prepared in accordance with criteria
established by the Pennsylvania Department of Environmental Protection,
Bureau of Waterways Engineering. In addition, the Township may refer
such design to the Pennsylvania Department of Environmental Protection
where determined to be necessary.
B.
Design drawings sealed by a registered professional engineer which
indicate protection from flood flows associated with the one-hundred-year
floodplain.
C.
All requirements of this chapter relating to structures within floodplains
shall be met.
D.
Calculations to indicate that the embankment will not cause an increase
in one-hundred-year flood water surface elevation.
E.
Slope protection shall be incorporated into all embankments, for
earthen embankments this may include keyed rip-rap, geogrid, or other
approved method.
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Design of such stabilization shall be certified by a registered
geotechnical engineer.
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[Ord. 07-117, 11/13/2007, § 511]
Electric, telephone, and all other utility facilities shall
be installed underground, and shall be flood proofed up to the regulatory
flood elevation. The developer shall be required to obtain a letter
from the appropriate utility company confirming that the developer
has entered into an agreement to provide for an underground electric
and telephone system in accordance with the Pennsylvania Public Utility
Commission Investigation Docket #99, as amended, or has obtained a
waiver from said Pennsylvania Public Utility Commission to allow overhead
electric and telephone facilities.
[Ord. 07-117, 11/13/2007, § 512]
When any petroleum or petroleum products transmission line traverses
a land development, the developer shall confer with the applicable
transmission or distributing company to determine the minimum distance
which shall be required between each dwelling unit and the center
line of such petroleum or petroleum products transmission line.
[Ord. 07-117, 11/13/2007, § 513]
The minimum distance from a natural gas line to a dwelling unit
shall be as required by the applicable transmission or distributing
company, or as shall be required by the applicable regulations issued
by the Department of Transportation under the Natural Gas Pipe Line
Safety Act of 1968, as amended, which ever is greater.
[Ord. 07-117, 11/13/2007, § 514]
[Ord. 07-117, 11/13/2007, § 515]
[Ord. 07-117, 11/13/2007, § 516]
On sites for eventual public acquisition, no building development
is permitted during the period of reservation. Said period of time
shall not extend more than 18 months without the consent of the developer.
Such reservations shall be noted on the final plan.
[Ord. 07-117, 11/13/2007, § 517]
1.
Completion of Improvements.
A.
No subdivision and/or land development application shall be finally
approved unless the streets shown on such plan have been improved
to a mud-free or otherwise permanently passable condition, or improved
as required by this chapter and any walkways, curbs, gutters, street
lights, fire hydrants, shade trees, water mains, sanitary sewers,
storm sewers and other improvements as required by this chapter have
been installed in accordance with this chapter. In lieu of the completion
of any improvements required as a condition for final plan approval,
including improvements or fees required, the developer shall deposit
financial security with the Township in an amount sufficient to cover
the costs of such improvements or common amenities including, but
not limited to, roads, stormwater detention and/or retention basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which are or may
be required.
B.
When requested by the developer, in order to facilitate financing,
the Board of Supervisors shall furnish the developer with a signed
copy of a resolution indicating approval of the final plan contingent
upon the developer obtaining a satisfactory financial security. The
final plan (record plan) shall not be signed nor recorded until the
financial improvements agreement is executed (where required). The
resolution or letter of contingent approval shall expire and be deemed
to be revoked if the financial security agreement is not executed
within 90 days unless a written extension is granted by the Board
of Supervisors. Such extension shall not be unreasonably withheld
and shall be placed in writing at the request of the landowner or
developer.
2.
Completion Guarantee.
A.
To satisfy the completion of improvements required as a condition
for the final approval of this chapter as set forth in this chapter,
the landowner or developer shall deposit financial security acceptable
to the Board of Supervisors in an amount sufficient to cover the costs
of such improvements, estimated, calculated and determined as set
forth below.
B.
Without limitation as to other types of financial security which
the Township may approve, which approval shall not be unreasonably
withheld, 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.
C.
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 with
the commonwealth.
D.
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.
E.
The amount of financial security to be posted 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 landowner or developer. The Township may adjust the amount
of the financial security annually, by comparing the actual cost of
the improvements which have been completed and the estimated cost
for the completion of the remaining improvements as of the expiration
of the 90 days after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Township may require the landowner or developer to post additional
security in order to assure that the financial security equals said
110%. Any additional security shall be posted by the landowner or
developer in accordance with this subsection.
F.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by a landowner or developer and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Township, upon
the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the landowner or developer
and the Township are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another engineer licensed
as such in this commonwealth and chosen mutually by the Township and
the landowner or developer. The estimate certified by the third engineer
shall be presumed fair and reasonable, and shall be the final estimate.
In the event that a third engineer is so chosen, fees for the services
of said engineer shall be paid equally by the Township and the landowner
or developer.
G.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above procedure.
H.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plans by
section or stages of development as it finds essential for the protection
of any finally approved section of the development.
I.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Board of Supervisors
to release or authorize the release, from time to time, such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Board of. Supervisors who shall have 45 days
from receipt of such request within which to allow the 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. Upon such certification, the Board of Supervisors
shall authorize release by the bonding company or lending institution
of an amount as estimated by the Township Engineer fairly representing
the value of the improvements completed or, if the Board of Supervisors
shall be deemed to have approved the release of funds as requested.
The Board of Supervisors may, prior to final release at the time of
completion and certification by its engineer, require retention of
10% of the estimated cost of the aforesaid improvements.
J.
Where the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, the Board may require
the posting of financial security in the form of a maintenance bond
to secure structural integrity improvements of said as well as the
functioning of said improvements in accordance with the design and
specifications as depicted on the final plan for a term not to exceed
18 months from the date of acceptance of dedication. Said financial
security shall be of the same type as otherwise required in this section
with regard to installation of such improvements, and the amount of
the financial security shall not exceed 15% of the actual cost of
installation of said improvements.
K.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, 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 proper completion and maintenance thereof shall be posted in accordance
with the regulations of the controlling public utility or municipal
authority and shall not be included within the financial security
as otherwise required by this section.
L.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final plan approval,
the Township shall not condition the issuance of building, grading
or other permits relating to the erection or placement of improvements,
including buildings, upon the lots or land as depicted upon the final
plan upon actual completion of the improvements depicted upon the
approved final plan. Moreover, if said financial security has been
provided, occupancy permits for any building of buildings to be erected
shall not be withheld following the improvement of the streets providing
access to and from existing public roads to such building or buildings
to a mud-free or otherwise permanently passable condition, as well
as the completion of all other improvements as depicted upon the approved
final plan, either upon the lot or lots or beyond the lot or lots
in question if such improvements are necessary for the reasonable
use of or occupancy of the building or buildings.
M.
Failure to complete any construction or development of the proposed
subdivision or land development within five years following the approval
of a final plan by the Township shall automatically render the approval
of the plat null and void, unless an extension of time has been requested
in writing by the applicant and a written approval granted by the
Cumberland Township Board of Supervisors.
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Further, failure of the applicant to comply with the requirements
of § 508(4) of the Pennsylvania Municipalities Planning
Code, as amended, 53 P.S. § 10508(4), the contents of which
are also hereby incorporated herein by reference, shall subject the
subdivision or land development to any and all changes in zoning,
subdivision and other governing ordinances enacted by the Township
subsequent to the date of the initial preliminary plan submission.
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3.
Release from Improvement Bond.
A.
When the landowner or developer has completed all of the necessary
and appropriate improvements, the landowner or developer shall notify
the Board of Supervisors, in writing, by certified or registered mail,
of the completion of the aforesaid improvements and shall send a copy
thereof to the Township Engineer. The Board of Supervisors shall,
within 10 days after receipt of such notice, direct and authorize
the Township Engineer to inspect all of the aforesaid improvements.
The Township Engineer shall, thereupon, file a report, in writing,
with the Board of Supervisors, and shall promptly mail a copy of the
same to the landowner or developer by certified or registered mail.
The report shall be made and mailed within 30 days after receipt by
the Township Engineer of the aforesaid authorization from the Board
of Supervisors. Said report shall be detailed and shall indicate approval
or rejection of said improvements, either in whole or in part, and
if said improvements, any portion thereof, shall not be approved or
shall be rejected by the Township Engineer, said report shall contain
a statement of reasons for such nonapproval or rejection,
B.
The Board of Supervisors shall notify the landowner or developer,
within 15 days of receipt of the Township Engineer's report,
in writing by certified or registered mail of the action of the Board
of Supervisors with relation thereto.
C.
If the Board of Supervisors or the Township Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the landowner or developer
shall be released from all liability, pursuant to its performance
guaranty bond or other security agreement.
D.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Supervisors, the landowner or developer
shall proceed to complete the same and, upon completion, the same
procedure of notification, as outlined herein, shall be followed.
E.
Nothing herein, however, shall be construed in limitation of the
landowner's or developer's right to contest or question
by legal proceedings or otherwise, any determination of the Board
of Supervisors or the Township Engineer.
F.
Where herein reference is made to the Township Engineer, he shall
be a duly registered professional engineer employed by the Township
or engaged as a consultant thereto.
G.
The municipality may prescribe that the applicant shall reimburse
the municipality for the reasonable and necessary expense incurred
in connection with the inspection of improvements. The applicant shall
not be required to reimburse the governing body for any inspection
which is duplicative of inspections conducted by other governmental
agencies or public utilities.
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The burden of proving that any inspection is duplicative shall
be upon the objecting applicant. Such reimbursement shall be based
upon a schedule established by ordinance or resolution. Such expense
shall be reasonable and in accordance with the ordinary and customary
fees charged by the municipality's professional consultant for
work performed for similar services in the community, but in no event
shall the fees exceed the rate or cost charged by the professional
consultant to the municipality for comparable services when fees are
not reimbursed or otherwise imposed on applicants.
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(1)
The governing body shall submit to the applicant an itemized
bill showing the work performed in connection with the inspection
of improvements performed, identifying the person performing the services
and the time and date spent for each task. In the event the applicant
disputes the amount of any such expense in connection with the inspection
of improvements, the applicant shall, no later than 30 days after
the date of transmittal of a bill for inspection services, notify
the municipality and the municipality's professional consultant,
that such inspection expenses are disputed as unreasonable or unnecessary
and shall explain the basis of their objections to the fees charged,
in which case the municipality shall not delay or disapprove a request
for release of financial security, a subdivision or land development
application or any approval or permit related to development due to
the applicant's dispute of inspection expenses. Failure of the
applicant to dispute a bill within 30 days shall be a waiver of the
applicant's right to arbitration of that bill under this section.
(a)
Subsequent to the final release of financial security for completion
of improvements for a subdivision or land development, or any phase
thereof, the professional consultant shall submit to the governing
body a bill for inspection services, specifically designated as a
final bill. The final bill shall include inspection fees incurred
through the release of financial security.
(2)
If the professional consultant and the applicant cannot agree
on the amount of expenses which are reasonable and necessary, then
the applicant shall have the right, within 45 days of the transmittal
of the final bill or supplement to the final bill to the applicant,
to request the appointment of another professional consultant to serve
as an arbitrator. The applicant and professional consultant whose
fees are being challenged shall by mutual agreement, appoint another
professional consultant to review any bills the applicant has disputed
and which remain unresolved and make a determination as to the amount
thereof which is reasonable and necessary. The arbitrator shall be
of the same profession as the professional consultant whose fees are
being challenged.
(3)
The arbitrator so appointed shall hear such evidence and review
such documentation as the arbitrator in his or her sole opinion deems
necessary and shall render a decision no later than 50 days after
the date of appointment. Based on the decision of the arbitrator,
the applicant or the professional consultant whose fees were challenged
shall be required to pay any amounts necessary to implement the decision
within 60 days. In the event the municipality has paid the professional
consultant an amount in excess of the amount determined to be reasonable
and necessary, the professional consultant shall within 60 days reimburse
the excess payment.
(4)
In the event that the municipality's professional consultant
and applicant cannot agree upon the arbitrator to be appointed within
20 days of the request for appointment of an arbitrator, then, upon
application of either party, the President Judge of the Court of Common
Pleas of the judicial district in which the municipality is located
(or if at the time there be no President Judge, then the senior active
judge then sitting) shall appoint such arbitrator, who, in that case,
shall be neither the municipality's professional consultant nor
any professional consultant who has been retained by, or performed
services for, the municipality or the applicant within the preceding
five years.
(5)
The fee of the arbitrator shall be paid by the applicant if
the review fee charged is sustained by the arbitrator, otherwise it
shall be divided equally between the parties. If the disputed fees
are found to be excessive by more than $5,000, the arbitrator shall
have the discretion to assess the arbitration fee in whole or in part
against either the applicant or the professional consultant. The governing
body and the consultant whose fees are the subject of the dispute
shall be parties to the proceeding.
4.
Inspection of Improvements.
A.
Construction of all improvements shall be subject to inspection for
conformity with this chapter and the approved plans.
(1)
Construction of all improvements covered by this chapter are
subject to inspection by the Township or its authorized representative.
(2)
Where inspection of improvements is required to determine compliance
with approved plans, the cost and fees for said inspection shall be
paid by the developer in accordance with the fee schedule as adopted
by the Township.
(3)
No person shall interfere with or obstruct the ingress or egress
to or from any such site or premises by an authorized representative
or agent of the Township of Cumberland engaged in the inspection of
work for compliance with the approved plans.
5.
As-Built Plan.
A.
Upon completion of improvements and approval of same by the Township,
the landowner or developer shall submit to the Board of Supervisors,
a set of as-built plans and profiles in accordance with the requirements
of this chapter. In the event the as-built plan is not submitted in
complete and accurate form, all funds being withheld by means of a
completion guarantee shall not be released, until such plan has been
satisfactorily completed.
B.
The as-built plan shall be reproducible and drawn to the same scale
as the final plan, and shall be certified to by an engineer or surveyor
and approved by the Township Engineer.
C.
Said plan shall indicate the actual location, dimensions and/or elevations
of all completed improvements including, but not limited to, those
set forth in this chapter.
[Ord. 07-117, 11/13/2007, § 518]
In the event that any improvements which may be required have
not been installed as provided in the subdivision and land development
ordinance, or in accord with the approved final plat, the governing
body of the municipality is hereby granted the power to enforce any
corporate bond, or other security by appropriate legal and equitable
remedies. 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 governing body
of the municipality may, at its option, install part of such improvements
in all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of improvements covered by such security, and
not for any other municipal purpose.
[Ord. 07-117, 11/13/2007, § 519]
1.
Upon completion of the construction of improvements in accordance
with the approved subdivision and/or land development plan, the following
conditions shall apply to any offer of dedication of the same and
the acceptance thereof:
A.
The Board of Supervisors shall have no obligation to take over and
make public any street, or other improvement in or abutting a subdivision
and/or land development. If the Board of Supervisors elect to accept
an offer of dedication, such acceptance shall not occur unless and
until:
(1)
The required improvements, monuments and markers as shown on
the approved subdivision and/or land development plan shall have been
certified by the Township Engineer as having been constructed and
installed in accordance with the provisions of this chapter, and other
ordinances, codes, regulations, plans and maps of the Township; and
accurately delineated in an as-built plan.
(2)
A maintenance guarantee is provided through the posting of financial security, such as that deemed to be acceptable to the Township as set forth in § 22-520. Such guarantee shall assure the structural integrity of required improvements as well as the functioning of said improvements, in accordance with the design and specifications as depicted on the approved final plans for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be in an amount equivalent to 15% of the actual cost of installation of the required improvements.
(3)
A deed or deeds of dedication for all improvements and a complete
boundary description, prepared and executed by the landowner or developer
in accordance with be presented to the Board of Supervisors, together
with a certificate from the contractor or contractors evidencing the
payment of all labor and material costs, and a policy of title insurance
insuring the fee title to the said improvements as free and clear
of all liens and encumbrances and other objections to the title.
(4)
Any offer of a deed of dedication must be accompanied by a maintenance
bond and the as-built plan(s) and shall be submitted at least 90 days
prior to the anticipated date for the acceptance of the deed of dedication.
B.
The Board of Supervisors shall have no responsibility with respect
to any improvements, not with standing any public use thereof, unless
and until such improvements are accepted for dedication by duly enacting
or adopting an ordinance or resolution therefore.
[Ord. 07-117, 11/13/2007, § 520]
1.
Where the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, the Board of Supervisors
shall require the posting of financial security 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 plan for a term not to exceed 18 months from the date
of acceptance of dedication. Said financial security shall be of the
same type as otherwise required in this section with regard to installation
of such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
2.
Defective improvements include any defect in material or workmanship
that was latent in character and not discernible at the time of final
inspection or acceptance by the Township and/or any damage to improvements
by reason of the settling of ground, base or foundation thereof.
