Township of Scott, PA Article VII Construction and Acceptance of Public Improvements

§ 123-57 Construction required.

A. The applicant shall construct all roads, streets, lanes or alleys, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas 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, dated 1976, or the latest revision thereto, or other applicable regulations.

B. No plat shall be finally approved for recording and no building permit shall be issued until the developer has completed all required improvements or has provided a performance guaranty in accordance with Section 509 of the Act.[1]

[1] Editor's Note: See 53 P.S. § 10509.

C. All trenches or other excavations in existing or proposed Township streets shall be backfilled in accordance with the following:

(1) Backfilling shall be done as promptly as possible.

(2) The trench shall be backfilled with hand-placed screenings or 2RC to a height of at least one foot above the top of the conduit, pipe or pipe bell. These screenings shall be thoroughly hand-tamped around the side of the pipe. These screenings shall be placed with the hand shovels and not from trucks or with the use of power equipment and shall be free from refuse, boulders, rocks, unsuitable organic material or other material which, in the opinion of the Township, is unsuitable.

(3) When the pipe is located in a dedicated street or any place where paving (including driveways) may be placed, the remainder of the trench shall be backfilled with 2RC or other approved materials and promptly compacted. The backfill material shall be mechanically tamped in approximately six-inch layers.

(4) Where openings have been made in existing Township roads, paving shall be restored in accordance with the paving standards contained in this chapter. Openings made in state roads shall be restored in accordance with the Pennsylvania Department of Transportation specifications. Permits shall be required before paving is opened in any existing state or Township road.

(5) Where openings are made behind the curbline, work shall be as specified below. The opening shall be covered with good topsoil to a depth of six inches and seeded or sodded to the satisfaction of the Township Engineer.

(6) Whenever the trenches have not been properly filled or if settlement occurs, they shall be refilled, compacted, smoothed off and finally made to conform to the surface of the ground.

(7) Frozen earth shall not be used for backfilling, nor shall any backfilling be done when materials already in the trench are frozen.

(8) Where excavated material or any portion thereof is deemed by the Township Engineer to be unsuitable for backfilling, the developer shall procure and place backfill material approved by the Township and the unsuitable material disposed of properly.

§ 123-58 Inspections.

A. 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 and approved by the Township Engineer or his designee, who shall then file a report thereon with the Township. The construction or installation of all improvements shall at all times be subject to inspections by representatives of the 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 sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site construction, said representative is empowered to require corrections to be made and/or suspension of subdivision approval and to issue a cease and desist order, which may include any or all of the following sanctions:

(1) That no lot in the subdivision shall be conveyed or placed under agreement of sale;

(2) That all construction on any lots for which a building permit has been issued shall cease;

(3) That no further building permits for any lots shall be issued; and/or

(4) Any remedy or sanction as provided in the Pennsylvania Municipalities Planning Code, as amended.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

B. Said cease and desist order shall be terminated upon the determination by Township representatives that said defects or deviations from plan requirements have been corrected.

C. Inspections after initial earthmoving operations.

(1) After commencement of initial earthmoving operations, the Township Engineer or his designee shall inspect at the following points in the development of the site or of each stage thereof:

(a) Upon completion of stripping, the stockpiling of topsoil, the construction of temporary stormwater management and erosion control facilities, disposal of all unsuitable materials and preparation of the ground.

(b) Upon completion of rough grading but prior to placing topsoil, installing permanent drainage or other site improvements or establishing covers.

(c) During construction of the permanent facilities at such time(s) as specified by the Township Engineer.

(d) Upon completion of permanent stormwater management facilities, including established ground covers and plantings for that purpose.

(e) Upon completion of final grading, vegetative control measures and all other site restoration work undertaken in accordance with the approved plan and permit.

(2) The Township Engineer may make random inspections as he deems necessary and appropriate.

D. No underground pipes, structures, subgrades or base course shall be covered until inspected and approved by the Township. A minimum of six inspections by the designated representative shall be required. These inspections shall be effected as follows:

(1) Excavation and completion of subgrade.

(2) Excavation, installation and completion of drainage structures, community sewage systems or water supply systems.

(3) Before placing first base course and between such base course.

(4) Before binder course.

(5) Before wearing course.

(6) Final inspection in accordance with § 123-59A.

E. The developer shall notify the designated representative of the Township (usually the Township Engineer) at least 48 hours in advance of commencement of any construction operations requiring an inspection.

F. In the review of any stormwater management plan, the Township Engineer shall have discretion to modify or waive the otherwise applicable inspection schedule called for in this section.

§ 123-59 Release from improvement bond.

A. When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board, 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 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 thereupon shall file a report, in writing, with the Board and shall promptly mail a copy of the same to the developer by certified mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board, and 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. The Township Engineer shall maintain a permanent file of his inspections.

B. The Board shall notify the developer, within 30 days of receipt of the Engineer's report, of the action of the Board with relation to approval, nonapproval or rejection of improvements.

C. 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.

D. Improvement bonds or funds in escrow may be released in stages as construction of a significant portion of street, including all other improvements, is completed and approved by the Board. No work shall be initiated on subsequent phases of any subdivision or land development, building construction or other permitted land disturbance activity until the Township Engineer has inspected and approved the work in the present phase.

E. The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and acceptance by the Township, and 10% of the performance guaranty shall be held back until a maintenance guaranty as provided for in § 123-62 has been posted and as-built plans are verified and accepted by the Township.

§ 123-60 As-built plans.

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 dimensions and conditions of streets and all other improvements, certified by a professional engineer, to be in accordance with actual construction.

§ 123-61 Dedication and acceptance of public improvements.

A. Upon completion of any public improvements shown on an approved subdivision plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit written offer of such public improvements for dedication to the Township. Said offer shall include a deed of dedication covering said public improvements, together with a copy of a title insurance policy 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 at a regular meeting thereof. The Supervisors may require that at least 50% of the lots in any approved subdivision or development (or phase thereof, if final plan approval has been in phases) have a certificate of occupancy or dwellings occupied thereon prior to acceptance of dedication. Should the above-mentioned roads or streets, even though constructed according to these specifications, deteriorate before said 50% of the lots have dwellings occupied thereon, such roads or streets shall be repaired in a manner acceptable to the Board before being accepted by the Township.

B. The Board may require that stormwater drainage, swales, ditches, culverts and retention basins or other subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a homeowners' association or similar entity or an organization capable of carrying out maintenance responsibilities.

§ 123-62 Maintenance guaranty.

A. Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), the Board shall require the posting of financial security to secure 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. The security shall be in the form authorized for the deposit of the performance guaranty 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.

B. 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 landowners' successors in interest and may further require maintenance funds be established.

C. Subdivision and land development improvements that are located on an individual lot are the responsibility of that landowner to maintain and assure the performance is guaranteed in accordance with Subsections B and C. Obligations shall include the perpetuation of natural drainage and may include perpetuation of infiltration facilities and/or the maintenance of facilities constructed by the individual lot owner under terms of this building or stormwater permit, e.g., cisterns, downspout connections, seepage pits, etc.

D. 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 performed, as necessary, in accordance with Subsection B.

E. 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 and corrective measures required within a period of time set 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.

F. Where the maintenance of stormwater management facilities and systems is the responsibility of an individual lot owner, the terms of that maintenance agreement and a description of the facilities and systems on the lot, as called for in Subsection C, shall be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest and shall be noted on the final plan to be recorded.