[Ord. 8/15/1989, 8/15/1989, § 501]
1.
No project shall be considered in compliance with this chapter until
the streets, all street signs, sidewalks, curbs, landscaping, storm
drainage for dedication or which affect adjacent properties or streets,
sanitary sewer facilities for dedication, water supply facilities,
fire hydrants, lot line markers, survey monuments and other such public
improvements have been installed in accordance with this chapter and
other applicable Township ordinances.
2.
No final plan shall be signed by the Board of Supervisors for recording
in the office of the Chester County Recorder of Deeds unless:
3.
Financial security requirements for the construction of public water
and/or sanitary sewage facilities shall be established by the Valley
Township Authority. No final plan shall be signed by the Board of
Supervisors until the applicant presents a certification from the
Authority that all financial security requirements have been met.
[Ord. 8/15/1989, § 502]
1.
The administration of the financial security shall comply with the
provisions of this Part, the Pennsylvania Municipalities Planning
Code, Act 247, as amended,[1] and other applicable laws of the commonwealth.
A.
Submission of Financial Security and an Improvement Escrow Agreement.
Final plan applications that include public improvements that have
not been installed shall be accompanied by a financial security which
is governed by an improvement escrow agreement in accordance with
the following:
B.
Type of Financial Security. Although the Board of Supervisors may
accept an alternative type of financial security, commonly used forms
are irrevocable letters of credit and escrow accounts. Such financial
security shall be posted by a chartered lending institution or bonding
company authorized to do business in the Commonwealth of Pennsylvania
and is subject to review by the Township Solicitor for adequacy.
C.
Amount of Financial Security.
(1)
The amount of financial security shall be equal to 100% of the
cost of completion estimated as of 90 days following the date scheduled
for completion by the developer. Annually, the Township may adjust
the amount of the financial security by comparing the actual cost
of the improvements which have been completed and estimated cost for
the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the 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 chapter.
(2)
The amount of financial security required shall be based upon
an estimate of the cost of completion of the required improvements,
submitted by an 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. The Township,
upon the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the 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 the 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 the Township
and the applicant or developer.
(3)
If the party posting the financial security requires more than
one year from the date of posting 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.
D.
Release of Financial Security.
(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.
(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 the 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)
If any portion of said improvements are not approved or are
rejected by the Board of Supervisors, the applicant shall proceed
to complete the same and, upon completion, the same procedure of notification
outlined herein shall be followed.
E.
Other Remedies. If proceeds of the financial 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 all or part of such improvements and may
institute appropriate legal or equitable action to recover the funds
necessary to complete the remainder of the improvements. All of the
proceeds, whether resulting from the security of from any legal or
equitable action brought against the applicant, or both, shall be
used solely for the installation of the improvements covered by such
security and not for any other Township purpose.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 8/15/1989, § 503]
All improvements shall be deemed to be private improvements
and only for the benefit of the specific project until such time as
the same have been offered for dedication and formally accepted by
the Board of Supervisors. No responsibility of any kind with respect
to improvements shown on the final plan shall be transferred until
the improvements have been formally accepted. All requests for dedication
shall follow the current procedures of the Township of Valley.
[Ord. 8/15/1989, § 504]
The Board of Supervisors may, at its discretion, require the
applicant to submit a maintenance guarantee or other approved guarantee
as specified herein guaranteeing the structural integrity as well
as function of any improvement shown on the final plan for a term
not to exceed 18 months from the date of acceptance of dedication
by the Board of Supervisors. Said guarantee shall not exceed 15% of
the actual cost of installation of said improvements and be of the
same type of financial security as required in this chapter.
[Ord. 8/15/1989, § 505]
1.
Prior to initiation of construction, the developer shall notify the
Township so that an inspection schedule can be coordinated with the
construction schedule. Additionally, the Township and the Township
Engineer shall be notified two working days in advance of any intended
date of construction. The provisions stated herein shall be construed
as mandating periodic inspections and the undertaking of periodic
inspections shall not be construed as an acceptance of the work during
construction or as a final inspection of the construction.
2.
The Township, at the expense of the developer, reserves the right
to require tests of the improvement to determine whether the improvement
complies in all respects with the requirements of the Township.
[Ord. 8/15/1989, § 506;
as amended by Ord. No. 2003-08, 9/16/2003; and by Ord. No. 2008-07, 3/18/2008]
1.
Authorization to continue construction of any building beyond construction of the building foundation shall not be issued until the Valley Township "Foundation As-Built Certification" form and an "as-built" survey of the building foundation have been prepared and submitted to the Code Enforcement Officer. The "as-built" certification and survey shall confirm that the location and elevation of the building conforms to the approved plans and the provisions of this chapter and Chapter 27, Zoning.
2.
An "as-built" plan shall be submitted for sediment basins and/or
stormwater management basins (basins) within 60 days of construction
of the facility. Construction activities will not be allowed to continue
beyond 60 days of completion of basins unless an "as-built" plan of
the facility has been submitted to the Township Secretary and the
Township Engineer for review. The "as-built" plan shall show the grading
of the basin; elevations and locations of spillways, outlet structures,
endwalls, headwalls, orifices, inverts, and discharge piping (material,
size, slope); and lot setback lines. If the facilities are constructed
inconsistent with the approved subdivision and land development plans
and/or grading plans, calculations must be submitted for Township
Engineer review to demonstrate the adequacy of the "as-built" basin.
3.
Upon completion of all required improvements and prior to final inspections
of improvements, the applicant shall submit a Comprehensive Plan labeled
"as-built plan" showing the location, dimensions, and elevations of
all improvements. In addition, the plan shall indicate that the resultant
grading, drainage structures and/or drainage systems, and erosion
and sediment control practices, including vegetative measures, are
in substantial conformance with the previously approved drawings and
specifications. The plans shall note all deviations from the previously
approved drawings. Two copies of the plan (one paper transparency
and one plastic transparency) shall be submitted to the Township Secretary,
who shall distribute the paper transparency to the Township Engineer
and retain the plastic transparency for the Township files. In addition,
two copies of the plan shall be submitted on CD in AutoCAD format,
latest edition. The "as-built" plans are to be inclusive of the following
information:
A.
Delineation and bearings of the overall tract boundary with monument
locations shown.
B.
Actual dimensions and locations of streets, public and private, as
they were constructed.
C.
Right-of-way delineation and bearings of new and existing roadways
with monument locations shown.
D.
Actual inverts, top elevations, pipe sizes, pipe materials, pipe
slopes and locations for all storm drainage facilities as they were
constructed.
E.
Actual inverts, top elevations, pipe sizes, pipe materials, pipe
slopes and locations for all sanitary sewer facilities, including
individual service lateral locations as they were constructed.
F.
Road profiles including elevations at one-hundred-foot stations along
the present ground surface over the center line.
G.
Actual locations for all fire hydrants, valves, cap and blow-offs
and other visible water appurtenances as they were constructed.
H.
Actual locations, inverts, pipe sizes, pipe materials, pipe slopes,
inlet dimensions, orifice sizes, top elevations, outlet protection
sizes and dimensions, emergency outfall elevation and dimensions,
stone depths and stone dimensions for all permanent stormwater management
facilities as they were constructed.
I.
Individual plan at the same scale as the final approved plan showing
actual contours, spot elevations and dimensions for all aboveground
permanent stormwater management and/or storage facilities including
volumetric calculations.
J.
All easements are to be shown and defined by metes and bounds on
the plan.
K.
Actual location of subsurface and visible appurtenances relative
to other utilities, i.e., gas, electric, cable, as documented during
construction.
L.
Actual locations of street signs, traffic signs, signals, and streetlights,
as applicable.
M.
On a separate plan, the landscaping installed within right-of-way,
open space, and other common areas as required per Valley Township
standards.
[Ord. 8/15/1989, § 507]
Final plan applications that include public improvement shall
be accompanied by a development agreement which is prepared in a form
acceptable to the Township. The development agreement shall specify
the obligations of the developer pursuant to this Part.
[Ord. 8/15/1989, § 508]
Final plan applications that include public improvements shall
be accompanied by a professional fee agreement which is prepared in
a form acceptable to the Township. The professional fee agreement
shall assure that the professional fees, both legal and engineering,
are secured and reimbursed by the developer to the Township.
