[Ord. 6-98, 9/1/1998, § 601]
The following improvements shall be installed by the subdivider.
The final plan shall not be approved until final detailed design of
the improvements is approved and the improvements are installed or
security to the Board of Supervisors is provided.
[Ord. 6-98, 9/1/1998, § 602; as amended by Ord. No. 01-2021, 5/4/2021]
1.
Streets shall be brought to the grades and dimensions drawn on plans, profiles and cross-sections submitted by the subdivider and approved by the Township Engineer. The subdivider must install the required utilities and provide, where necessary, adequate subsurface drainage for the streets. The streets shall be designed and constructed to the standards set forth in §§ 22-503 and 22-504 of this Part.
2.
A subdivider or property owner(s) requesting dedication of a street
to the Township must first install pavement in accordance with the
then current PennDOT Publication 408 specifications, subject to the
following:
A.
A contractor's proposal setting forth the street base preparation,
type and source of paving material, and material thickness must be
submitted to the Township for pre-approval by its Roadmaster and/or
Engineer;
B.
Approval of the proposal, changes or any additional requirements,
shall be communicated to the subdivider or property owner(s) in writing
by the Township within 45 days of receipt of the proposal;
C.
Prior to dedication, the completed street shall be subject to inspection
by the Township's Roadmaster and/or Engineer who shall determine
if the street was completed in accordance with the contractor's
approved specifications; and
D.
Any failure on the part of the subdivider, property owner(s) or contractor
to comply with the provisions of this section shall nullify a request
to dedicate the street.
[Ord. 6-98, 9/1/1998, § 603]
Curbs and sidewalks shall be provided in accordance with the standards set forth in § 22-505 of this chapter.
[Ord. 6-98, 9/1/1998, § 604]
1.
Public Sewer Systems. When the subdivision or land development is
to be provided with a complete sanitary sewer system connected to
a public sanitary sewer system, a statement of approval from the Richmond
Township Municipal Authority shall be submitted to the Board of Supervisors.
Where required, a DEP planning module approval shall also be obtained
for final plan approval.
2.
Private Sewer Systems. When a complete private sanitary sewer system
using a treatment plant is to be provided, a statement shall be submitted
to the Board of Supervisors from the Pennsylvania Department of Environmental
Protection certifying that a permit has been issued by the appropriate
agency approving the proposed facilities. Adequate security for the
maintenance of such plant shall be furnished to Richmond Township.
3.
On-lot Sewage Disposal. In subdivisions where public sewers are not
available and a complete private sanitary sewer system is not required,
on-lot sewage disposal systems shall be provided.
4.
Capped Sewer System. Where the sanitary sewer system is not yet accessible,
but is planned for extension to the subdivision or development, the
subdivider shall install sewer lines, including lateral connections,
in order to provide service to each lot. The sewer mains shall be
suitably capped at the limits of the subdivision and laterals shall
be capped at the street right-of-way line when not extended to houses
or other structures. When laterals are extended to houses or other
structures, the internal plumbing system shall be constructed to accommodate
them as well as any septic system required. At such time as any planned
construction of extensions to the existing sanitary sewer system is
under contract, the subdivider may reduce the size of any required
septic system drain fields or septic tank by 50%.
[Ord. 6-98, 9/1/1998, § 605]
1.
Provision of System. The subdivision or land development shall be
provided with a complete water main supply system which shall be connected
to a municipal water supply or with a community water supply approved
by the engineer of the applicable water utility company and the Pennsylvania
Department of Environmental Protection with satisfactory provision
for the maintenance thereof; except that, when such municipal or community
water supply system is not available, each lot in a subdivision shall
be capable of being provided with an individual water supply system
in accordance with minimum standards approved by the Pennsylvania
Department of Environmental Protection.
2.
Plans. The plans for the installation of the mains of a water supply
system shall be prepared for the subdivision or land development with
the cooperation of the applicable water supply agency and approved
by its engineer. A statement of approval from the engineer of the
water supply agency to which the subdivision or land development will
be connected, shall be submitted to the Board of Supervisors. Upon
the completion of the water supply system, one copy of each of the
plans for such system shall be filed with Richmond Township.
3.
Fire Hydrants. Fire hydrants shall be provided as an integral part
of any public water supply system. The Township Fire Marshall shall
be consulted to determine the location of proposed fire hydrants.
[Ord. 6-98, 9/1/1998, § 606]
A storm drainage system shall be provided in accordance with the standards as set forth in § 22-506 of this chapter.
[Ord. 6-98, 9/1/1998, § 607]
1.
Easements for utilities shall have a minimum width of 15 feet.
2.
To the fullest extent possible, easements for public utilities shall
be centered on or adjacent to rear or side lot lines.
3.
Telephone, electric, T.V., cable and such other utilities shall be
installed underground and shall be provided within the street right-of-way
or easements to be dedicated for such utilities, and in accordance
with plans approved by the Board of Supervisors and the applicable
utility company. Underground installation of the utility distribution
and service lines shall be completed prior to street paving and gutter,
curbing and sidewalk installation.
[Ord. 6-98, 9/1/1998, § 608]
1.
Monuments shall be of concrete or stone at least six inches by six
inches by 30 inches and marked on top with a copper or brass dowel.
They shall be set at the intersection of lines forming angles in the
boundaries of the subdivision and at the intersection of street lines.
Markers shall be iron pipes or brass 30 inches by 3/4 inch diameter
and set at all points where lines or lines and curves intersect.
2.
Monument Replacement. Any monuments or markers that are removed must
be replaced by a registered land surveyor at the expense of the person
responsible for the removal.
[Ord. 6-98, 9/1/1998, § 609]
[Ord. 6-98, 9/1/1998, § 610]
All improvements shall be installed according to a time schedule
which shall be approved by the Board of Supervisors. The subdivider
shall submit a statement setting forth a time schedule not to exceed
one year (except in the case of an asphaltic construction, where the
maximum shall be two years) from the date of approval of the preliminary
plat, within which the improvements required by these regulations
will be completed. The Board of Supervisors shall be authorized to
grant one extension not to exceed six months.
[Ord. 6-98, 9/1/1998, § 611]
All improvements will be constructed under Township supervision
and inspection. The subdivider shall provide a minimum of seventy-two-hour
notification. All costs of undertaking the supervision and inspection
will be borne by the subdivider.
[Ord. 6-98, 9/1/1998, § 612]
1.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition or improved as may be otherwise 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 may be 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 the final approval of a plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with Richmond Township financial security in an amount sufficient
to cover the related drainage facilities, recreational facilities,
open space improvements or buffer or screen plantings which may be
required.
2.
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 plat contingent
upon the developer obtaining a satisfactory financial security. The
final plat or record plan shall not be signed nor recorded until the
financial improvements agreement is executed. The resolution or letter
of contingent agreement shall expire and be deemed to be revoked if
the financial security 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 developer.
3.
Without limitation as to other types of financial security which
Richmond 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 for the
purposes of this section.
4.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
5.
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.
6.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, Richmond Township may adjust
the amount of the financial security 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 ninetieth day after either the original date scheduled for
completion or a rescheduled date of completion. Subsequent to said
adjustment, Richmond Township may require the developer to post additional
security in order to assure that the financial security equals said
110%. Any additional security shall be posted by the developer in
accordance with this subsection.
7.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant 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. Richmond Township,
upon the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and Richmond Township are unable to agree upon an estimate, then the
estimate shall be recalculated and recertified by another professional
engineer licensed as such in this Commonwealth and chosen mutually
by Richmond Township and the applicant 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 Richmond Township and the applicant or developer.
8.
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 bidding procedure.
9.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plats 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.
10.
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, of such portions
of the financial security necessary to payment to the contractor or
contractors performing the work. Any such requests shall be in writing
addressed to the Board of Supervisors, and the Board of Supervisors
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 plat. 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 fails to act within said forty-five-day period,
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.
11.
Where the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, the Board of Supervisors
may 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 plat 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.
12.
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 Richmond Township, financial
security to assure 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.
13.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, Richmond 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 plat upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following
the improvement of the streets providing access to and from 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 plat, 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.
[Ord. 6-98, 9/1/1998, § 613]
1.
When the developer has completed all of the necessary and appropriate
improvements, the 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 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, 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 of Supervisors shall notify the developer, within 15 days
of receipt of the Engineer's report, in writing by certified
or registered mail of the action of said Board of Supervisors with
relation thereto.
3.
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 developer shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
4.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Supervisors, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
5.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings
or otherwise, any determination of the Board of Supervisors or the
Township Engineer.
6.
Where herein reference is made to the Township Engineer, he shall
be as a consultant thereto.
7.
The applicant or developer shall reimburse Richmond Township for
the reasonable and necessary expense incurred for the inspection of
improvements according to a schedule of fees adopted by resolution
of the Board of Supervisors and as from time to time amended. Such
expense shall be reasonable and in accordance with the ordinary and
customary fees charged by the Township Engineer or 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 Engineer or
consultant to Richmond Township when fees are not reimbursed or otherwise
imposed on applicants.
A.
In the event the applicant disputes the amount of any such expense
in connection with the inspection or improvements, the applicant shall,
within 10 working days of the date of billing, notify Richmond Township
that such expenses are disputed as unreasonable or unnecessary, in
which case, Richmond Township shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's request over disputed engineer
expenses.
B.
If, within 20 days from the date of billing, Richmond Township and
the applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and Richmond Township shall jointly,
by mutual agreement, appoint another professional engineer, licensed
as such in the Commonwealth of Pennsylvania, to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
C.
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
sole opinion deems necessary and render a decision within 50 days
of the billing date. The applicant shall be required to pay the entire
amount determined in the decision immediately.
D.
In the event that Richmond Township and applicant cannot agree upon
the professional engineer to be appointed within 20 days of the billing
date, then, upon application of either party, the President Judge
of the Court of Common Pleas of the judicial district in which Richmond
Township is located (or if at the time there be no President Judge,
then the senior active judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Township Engineer nor any
professional engineer who has been retained by, or performed services
for, Richmond Township or the applicant within the preceding five
years.
E.
The fee of the appointed professional engineer for determining the
reasonable and necessary expenses shall be paid by the applicant if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, Richmond Township
shall pay the fee of the professional engineer, but otherwise Richmond
Township and the applicant shall each pay 1/2 of the fee of the appointed
professional engineer.
[Ord. 6-98, 9/1/1998, § 614]
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 plat, the Board of Supervisors is hereby granted the
power to enforce any corporate bond, or other security by appropriate
legal and equitable remedies. If the 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, 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 the improvements covered
by such security, and not for any other Township purpose.
