A.
Specifications. Monuments and markers must be constructed as follows:
|
Material
|
Minimum Size
| |
|---|---|---|
|
Monument
|
Concrete or stone
|
6 inches x 6 inches x 30 inches
|
|
Marker
|
Iron pipes or iron or steel bars
|
15 inches x 3/4 inches dia.
|
B.
Placement and marking. Monuments and markers must be placed by a
professional engineer or land surveyor so that the scored or marked
point coincides exactly with the point of intersection of the lines
being monumented. They must be set so that the top of the monument
or marker is level with the surface of the surrounding ground. Monuments
must be marked on top with a copper or brass dowel.
E.
Removal. Any monuments or markers that are removed must be replaced
by a professional engineer or land surveyor at the expense of the
person removing them.
All construction of public improvements shall be in conformance
with the Township Construction and Materials Specifications, latest
revision.[1]
[1]
Editor's Note: The Township's Construction and Material Specifications
are on file in the Township offices.
Curbs and sidewalks are required in all new street construction.
The land development shall be provided with street name signs
at all intersections and traffic control signs as determined by the
Board of Supervisors.
A.
Street trees are required and shall be:
(1)
Of a minimum caliper of two inches and be a minimum of eight feet
in height when planted.
(2)
Planted between the sidewalk and setback line at least five feet
from the sidewalk.
(3)
Uniformly spaced not less than 50 feet or more than 100 feet apart
along the entire length of each street within the development.
B.
All proposed street trees shall be native to the Mid-Atlantic region
such as on the following list.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
Acceptable Street Trees
| |
|---|---|
|
Red Maple
|
Tulip Poplar
|
|
Serviceberry
|
River Birch
|
|
American Hornbeam
|
Hackberry - Prairie Prince
|
|
Thornless Cockspur Hawthorn
|
Ohio Pioneer Hawthorn
|
|
Thornless Honey locust
|
Sweetgum (sterile clones only)
|
|
Black Tupelo
|
Scarlet Oak
|
|
Chestnut Oak
|
Willow Oak
|
|
Red Oak
|
Black Oak
|
A.
For the safety, convenience, and attractiveness of the development,
on-site or public streetlights shall be installed as extensions to
such previously existing facilities.
B.
Where electric service is supplied by underground methods, and prior
to the installation of streets, curbs, sidewalks and driveways, the
subdivider shall provide and install conduits where necessary to accommodate
the installation of a streetlighting system. Installation and location
of conduits shall comply with the specifications of the appropriate
public utility.
A.
Where a public sanitary sewer system is accessible to or plans approved
by the Board of Supervisors provide for the installation of such public
sanitary sewer facilities within four years, the developer shall provide
the development with a complete sanitary sewer system ready to be
connected to the existing or proposed sanitary sewer system.
(1)
The plan for the installation of a sanitary sewer system must be
prepared for the development and approved by the Township Engineer
and the Pennsylvania Department of Environmental Protection if applicable.
The Township Engineer must inspect the sewer line before it is covered
over. Upon completion of the sanitary sewer installation a reproducible
plan for the system as constructed must be filed with the Township.
B.
Where installation of public sanitary sewer system is not required,
the developer or owner of the lot shall provide for each lot, at the
time improvements are erected thereon, a private sewage disposal system
consisting of a septic tank and tile absorption field or other sewage
disposal system approved by the Pennsylvania Department of Environmental
Protection and subject to a permit issued by the Township Sewage Enforcement
Officer (SEO).
(1)
If on-site subsurface or alternate sewage disposal systems are feasible,
they must be laid out in accordance with minimum standards of the
Sewage Facilities Act (Act 537) of the Pennsylvania Department of
Environmental Protection. The Township SEO and/or the Pennsylvania
Department of Environmental Protection must inspect and approve each
on-site sewage disposal system.
C.
All new or replacement sanitary sewer systems located in flood-prone
areas, whether public or private, shall be floodproofed up to an elevation
one foot above the base flood elevation.
A.
The plan for the installation of the mains of a water supply system
must be prepared for the development with cooperation of the appropriate
water utility company and approved by the Township Engineer. Upon
the completion of the water supply system, a reproducible plan for
the system as constructed must be filed with the Township.
B.
Where the connection to a public water supply system is not possible
or feasible, each lot must be provided with an individual water supply
system prior to the issuance of a zoning/building permit for dwelling
units. All such individual systems shall meet all applicable regulations
of the Pennsylvania Department of Environmental Protection.
C.
All new or replacement water systems located in flood-prone areas,
whether public or private, shall be floodproofed to a point one foot
above the base flood elevation.
All other new or replacement public and/or private utilities
and facilities in flood-prone areas shall be elevated or floodproofed
to a point one foot above the base flood elevation.
Whenever the evidence available to the Board of Supervisors
indicates that natural surface drainage is inadequate, the developer
shall install a stormwater sewer system in accordance with approved
plans and profiles. The system shall be designed by a professional
engineer and be approved by the Township Engineer.
A.
Fire hydrants shall be installed if their water supply source is
capable to serve them in accordance with the requirements of the local
fire authority.
B.
Fire hydrants, if provided, shall be located within 600 feet of any
dwelling unit or structure open to the public. Fire hydrants shall
be installed in accordance with all applicable regulations.
A.
No plan 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 may be required by this chapter and any
walkways, curbs, gutters, streetlights, 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 the ordinance. In lieu of the completion of any improvements
required as a condition for the final approval of a plan, the developer
shall deposit with the Township financial security in an amount sufficient
to cover the cost 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 that may be required.
The applicant shall not be required to provide financial security
for the costs of any improvements for which financial security is
required by and provided to the Department of Transportation in connection
with the issuance of a highway occupancy permit pursuant to Section
420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the
"State Highway Law."[1] Without limitation as to other types of financial security
that are acceptable to the Township or which the Township may approve,
which approval shall not be unreasonably withheld, Federal or Commonwealth
chartered lending institution irrevocable letter of credit and restrictive
or escrow accounts in such lending institutions are acceptable financial
security to guarantee completion of improvements. Such financial security
shall be posted with a bonding company or federal or commonwealth
chartered lending institution chosen by the applicant or developer
posting the financial security, provided said bonding company or lending
institution is authorized to conduct such business within the Commonwealth
of Pennsylvania.
[1]
Editor's Note: See 36 P.S. § 670-420.
B.
Such bond, or other financial security shall provide for, and secure
to the public the completion of any improvements that may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements. 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
subject to such requirements or guarantees to improvements in future
sections or stages of development as it finds essential for the protection
of any finally approved section of the development.
C.
Where requested by the applicant in order to facilitate financing,
the Township shall furnish the applicant with a signed copy of a resolution
of the Board of Supervisors indicating approval of the final plan
contingent upon the applicant obtaining a satisfactory financial security.
The final plan shall not be signed nor recorded until the financial
improvements agreement is executed. The resolution of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days. The applicant shall have
the right to request in writing an extension of this ninety-day period,
which extension shall not be unreasonably withheld by the Board of
Supervisors.
A.
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 the 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 90th day after either the original date scheduled for completion
or a rescheduled date for completion. Subsequent to said adjustment,
the Township may require the developer to post additional security
in order to assure that the financial security equals 110% of the
cost of completion. Any additional security shall be posted by the
developer in accordance with the provisions of this article.
B.
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 the Commonwealth of Pennsylvania 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 the Commonwealth of Pennsylvania
and chosen mutually by the applicant or developer and Lower Windsor
Township. 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 shared equally by the applicant or developer and
the Township.
A.
As the work of installing the requirement improvements proceeds,
the applicant 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 for payment to
the contractor or contractors performing the work. Any such requests
shall be in writing, be certified or registered mail, 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 plan. Upon such certification, the
Board of Supervisors shall authorize release by the bonding company
or lending institution of any 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.
B.
The Board of Supervisors may, prior to final release at the time
of completion and certification by the Township Engineer, require
the retention of 10% of the estimated cost of the aforesaid improvements,
for a period of up to six months from the date of completion.
C.
If any portion of said improvements shall not be approved or shall be rejected by the Board of Supervisors, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification as outlined in Subsection A of this section shall be followed. Nothing herein, however, shall be construed in limitation of the applicant's rights to contest or to question by legal proceedings or otherwise any determination of the Board of Supervisors or of the Township Engineer.
A.
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 improvement 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.
B.
The Board of Supervisors 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 of Supervisors relative
thereto. If the Board of Supervisors or the Township Engineer fails
to comply with the time limitations contained in this chapter, all
improvements will be deemed to have been approved and the developer
shall be released from all liability, pursuant to its financial surety
arrangement.
C.
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.
D.
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.
E.
To cover inspection costs, the developer must pay a fee to be established
by the Board of Supervisors. Any unused portion of this fee will be
refunded to the developer upon completion of the inspections.
F.
The applicant shall reimburse the Township for the reasonable and
necessary expense incurred for the inspection of improvements. Such
reimbursement will be based upon a schedule established by resolution.
(1)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the bill may be
disputed according to the timeline and procedures set forth in the
Municipalities Planning Code, 53 P.S. § 10510.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the event that any required improvements have not been installed
as provided in this chapter or in accord with the approved final plan,
the Board of Supervisors may 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 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 monies 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.
The offer to dedicate streets, parks, or other areas or portions
of them, does not impose any duty upon the Township concerning maintenance
or improvement until the proper authorities of the Township have made
actual appropriation by ordinance or resolution or by entry or improvement.
If land is dedicated for a public site and its use for this purpose
is not imminent, the developer may be permitted to dedicate the land
with the privilege of using the surface rights until the Township
is ready to use the land. Such dedication with the temporary privilege
of use must be noted on the final plan.
On sites reserved for eventual public acquisition, no building
development is permitted during the period of reservation, said period
of time not to extend more than 18 months without consent of the developer.
Such land reservations shall be noted on the final plan.
Recording the final plan after approval of the Board of Supervisors
has the effect of an irrevocable offer to:
After 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 dedication. Said financial security shall be of the same
type as otherwise required by this chapter with regard to installation
of such improvements. The amount of the financial security shall not
exceed 15% of the actual cost of installation of said improvements.
