[Ord. 2000-02, 3/9/2000, § 801]
1.
The applicant shall construct all streets, together with all other
public improvements, including grading, paving, curbs, gutters, sidewalks,
street lights, fire hydrants, water mains, street signs, shade trees,
storm drainage facilities, sewers, landscaping, traffic control devices,
and erosion and sediment control measures in conformance with the
final plan as approved, the applicable provisions of the Pennsylvania
Department of Transportation Specifications, Form 408, latest revision,
and other applicable regulations.
[Ord. 2000-02, 3/9/2000, § 802]
1.
All land disturbance work shall be performed in accordance with an
inspection and construction control schedule approved by the Township
Engineer. No work shall proceed to a subsequent phase until inspected
by the Township Engineer or designee. The Township Engineer shall
file a report of his findings with the Township. At all times, the
construction or installation of all improvements shall be subject
to inspections by representatives of Franklin Township. If such inspection
reveals that work is not in accordance with approved plans and specifications,
that construction is not being done in a workmanlike manner, or that
erosion or sedimentation controls are failing to prevent accelerated
erosion or water-borne sediment from leaving the site construction,
the Board, upon recommendation of said representative, is empowered
to require corrections to be made, and/or suspension of subdivision
approval and/or to issue a cease-and-desist order, which may include
any or all of the following sanctions:
A.
That no lot in the subdivision shall be conveyed or placed under
agreement of sale.
B.
That all construction on any lots for which a building permit has
been issued shall cease.
C.
That no further building permits for any subsequent lots within the
subdivision shall be issued.
D.
That no use and occupancy permits for subsequent buildings within
the subdivision shall be issued.
2.
A cease-and-desist order shall be terminated upon the determination
by the Township that the said defects or deviations from plan requirements
have been corrected.
3.
It shall be the responsibility of the subdivider, developer, builder,
or contractor to notify the Township Engineer or other duly authorized
person a minimum of two working days in advance of the commencement
of any construction or installation of any facility or utility required
by this chapter or by the approved subdivision or land development
plan, in order that provisions may be made for inspection by the Township.
4.
In addition to the advance notice required in Subsection 3, it shall be the responsibility of the subdivider, developer, builder, or contractor to call, at a minimum, for the following specific inspections, by notifying the Township Engineer or other duly authorized person a minimum of two working days in advance of the time anticipated for the required inspection:
A.
Prior to clearing and rough grading.
B.
Upon completion of rough grading, but prior to placing top soil,
installing permanent drainage or other site improvements, or establishing
covers.
C.
Before construction of temporary sediment and erosion measures and/or
permanent stormwater management facilities including planting for
that purpose.
D.
Upon excavation and completion of subgrade.
E.
Upon excavation, installation, and completion of drainage structures,
community and/or public sewage systems, or community and/or public
water supply systems.
F.
Before placing stone base course, or before initial layer of screening.
G.
Before placement of binder course.
H.
Before placement of wearing course.
I.
Upon completion.
5.
No underground pipes, structures, subgrades or base course shall
be covered until inspected and approved by the Township Engineer.
6.
The Township Engineer shall have discretion to modify or waive the
otherwise applicable inspection scheduled called for in this section,
where such schedule does not apply to a particular project.
[Ord. 2000-02, 3/9/2000, § 803]
1.
When the developer has completed all the necessary and appropriate
improvements, the developer shall notify the Board, in writing, by
certified or registered mail, of the completion of the aforesaid improvement
and shall send a copy thereof to the Township Engineer. The Board
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, and shall promptly mail a copy of the same to the
developer. The report shall be made and mailed within 30 days after
receipt by the Township Engineer of the aforesaid authorization. Said
report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Township Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
2.
The Board shall notify the 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 with regard to approval or nonapproval
of the improvements.
3.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board, the developer shall proceed to complete
the same and upon completion, the same procedure of notification,
as outlined herein, shall be followed.
4.
The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and accepted by the Township or have been placed under the control of a community association. Ten percent of the performance guarantee shall be held back until a maintenance guarantee as provided for in § 22-806 has been posted and as-built plans are verified and accepted by the Township.
[Ord. 2000-02, 3/9/2000, § 804]
Within 30 days after completion and approval by the Township of subdivision and land development improvements as shown on final plans, and before acceptance of such improvements, the applicant shall submit to the Board a corrected copy of said plans showing actual locations, dimensions and conditions of streets and all other public improvements, including monument locations certified by a Pennsylvania registered professional engineer or professional land surveyor, to be in accordance with actual construction. As-built plans shall comply with the provisions under § 22-504.
[Ord. 2000-02, 3/9/2000, § 805]
1.
Upon completion of any public improvements shown on an approved subdivision
plan and within 90 days after approval of such public improvements,
the developer shall submit written offer of such public improvements
for dedication to the Township. The offer shall include a deed of
dedication covering specific public improvements, together with satisfactory
proof establishing the developer's clear title to said property. Such
documents are to be filed with the Township Secretary for review by
the Township Solicitor. Deeds of dedication for public improvements
may be accepted by resolution of the Board. The Board may require
that at least 50% of the lots in any approved subdivision or development
(or phase, if final plan approval has occurred in phases) have certificate
of occupancy or dwellings occupied thereon prior to acceptance of
dedication. Should the involved streets, even though constructed according
to these specifications, deteriorate before 50% of the lots have occupied
dwellings, such streets shall be repaired in a manner acceptable to
the Board before being accepted by the Township.
2.
The Board may require that certain subdivision and land development
improvements remain undedicated, with maintenance the responsibility
of individual lot owners, a community association or an organization
capable of carrying out maintenance responsibilities.
[Ord. 2000-02, 3/9/2000, § 806]
1.
Where the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, the Board shall
require the posting of financial security to insure the structural
integrity of the improvements and the functioning of the improvements
in accordance with the design and specifications as depicted on the
final plan.
2.
The security shall be in the form authorized for the deposit of the performance guarantee, as described in § 22-412 hereof, and shall be for a term of 18 months from the date of the acceptance of dedication and shall be in an amount equal to 15% of the actual cost of installation of the improvements so dedicated.
3.
Where maintenance of subdivision and land development improvements
is to be the responsibility of individual lot owners, homeowners'
association or similar entity, or an organization capable of carrying
maintenance responsibilities, the Board shall require that such responsibilities
shall be set forth in perpetual covenants or deed restrictions binding
on the landowner's successors in interest, and may further require
maintenance funds be established by the developer.
4.
On or before the completion of subdivision or land development improvements,
the permanent stormwater management system for a tract shall be installed
or constructed in accordance with the approved stormwater management
plan. All such work shall be as specified in the approved plan. Continued
functioning of these facilities shall be guaranteed and maintenance,
as necessary, performed by the developer.
5.
If the Township determines at any time that stipulated permanent
stormwater management facilities have been eliminated, altered, or
improperly maintained, the owner shall be advised of corrective measures
required by the Township Engineer. If such measures are not taken
by the owner, the Township may cause the work to be done and lien
all costs against the property.
6.
The terms of a maintenance agreement and a description of the facilities
and systems on the lot shall be set forth in perpetual covenants or
deed restrictions binding on the landowner or his successors in interest
and shall be noted on the final plan to be recorded.
