[Ord. 138, 7/17/1996, § 600; as amended by Ord. 178, 12/1/2004]
1. 
The applicant shall construct all roads, streets, lanes or alleys, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas, trails, and erosion and sediment control measures in conformance with the final plan as approved, and applicable provisions of the Pennsylvania Department of Transportation Specifications, Publication 408, dated 1994, or the latest revision thereto, or other applicable regulations.
2. 
No plan shall be finally approved for recording, and no building permits shall be issued until the developer has completed all required improvements or has provided a performance guarantee in accordance with § 22-311, hereof.
3. 
All trenches or other excavations in existing or proposed Township streets shall be backfilled in accordance with the following:
A. 
Backfilling shall be done as promptly as possible.
B. 
As reviewed and approved by the Township Engineer, the trench shall be backfilled with hand-placed screenings or #57 aggregate (2B) 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 Engineer, is unsuitable.
C. 
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.
D. 
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.
E. 
Where openings are made behind the curb line 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.
F. 
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.
G. 
Frozen earth shall not be used for backfilling, nor shall any backfilling be done when materials already in the trench are frozen.
H. 
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.
4. 
At all times during the construction of the project, stone construction entrances shall be positioned at all points exiting the site to facilitate the cleaning of mud and debris from all vehicles leaving the site.
5. 
No burning or burying of trash or debris shall be permitted on the construction site. To ensure that all trash and debris is removed, a trash container of adequate capacity shall be placed at various locations on the work site.
6. 
It shall be the developer's responsibility to notify all emergency service agencies serving East Vincent Township when construction will begin and where the site is located.
[Ord. 138, 7/17/1996, § 601; as amended by Ord. 178, 12/1/2004]
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 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, the said representative is empowered to require corrections to be made, and upon approval by the Board of Supervisors issue a cease and desist order, which shall provide that no further construction shall take place on the site including construction on buildings for which permits are held by the developer except that construction necessary to remedy the defects cited.
2. 
The said cease and desist order shall be terminated upon the determination by Township representatives that the said defects or deviations from plan requirements have been corrected.
3. 
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 preparations 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.
F. 
The Township Engineer may make random inspections as he deems necessary and appropriate.
4. 
No underground pipes, structures, sub grades 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:
A. 
Excavation and completion of grade.
B. 
Excavation, installation and completion of drainage, structures, community sewage systems or water supply systems.
C. 
Before placing first base course and between such base course.
D. 
Before binder course.
E. 
Before wearing course.
F. 
Final inspection in accordance with § 22-604.1.
5. 
The developer shall notify the designated representative of the Township (usually the Township Engineer) at least 24 hours in advance of commencement of any construction operations requiring an inspection.
6. 
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.
7. 
The applicant shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by resolution. Such expenses shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or other designated inspection consultant for work performed for similar services in the Township, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the 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 of improvements, the applicant shall, within 10 working days of the date of billing, notify the Township in writing that such expenses are disputed as unreasonable or unnecessary, in which case the 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 written request over disputed engineer or consultant expenses.
B. 
If, within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and 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 the 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 Chester County (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, the Township or the applicant within the preceding five years.
E. 
The fee of the appointed professional engineer for determining the reasonable and necessary expense 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, the Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay one-half of the fee of the appointed professional engineer.
[Ord. 138, 7/17/1996, § 602; as amended by Ord. 178, 12/1/2004]
1. 
Erosion and Sedimentation Control.
A. 
Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the person causing such sedimentation to remove the accumulated sediment from all adjoining or downstream properties, surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.
B. 
All necessary soil erosion and sedimentation control measures installed under this chapter shall be adequately maintained by the landowner or developer after completion of the approved plan or until such measures are permanently stabilized as determined by the Township.
2. 
Stormwater Management Facilities.
A. 
All stormwater management facilities, including detention and retention basins designed and constructed for the purposes specified under this chapter, shall be maintained in proper working order in accordance with the plans filed with and approved by the Township; the responsibility of the property owner(s) upon whose property the facilities are located; and in accordance with any deed restrictions or notes on the plans. The landowner or developer may establish a homeowner's association that, with Township approval, shall be considered the responsible owner of all stormwater management facilities located in the area of development.
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 be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest, and may further require that maintenance funds be established.
C. 
If at any time, the Township, or their representative, discovers any violation or condition not conforming with those designs and plans filed with the Township in regard to the operation of a stormwater management facility, they shall notify the responsible owners of the violation, informing them of the nature of such violation and the manner in which it can be corrected.
D. 
Under no conditions shall any person be allowed to remove any previously approved stormwater management facility unless an approved alternate facility is approved by the Township.
E. 
Under no conditions shall any person be allowed to modify, alter or change a previously approved stormwater management facility unless approved by the Township.
F. 
In the event the landowner, developer, or homeowners association, as the case may be, shall refuse or neglect to comply with the provisions of this section as interpreted by the Township, the Township may direct the work to correct any violation or noncompliance with the terms of this chapter, and all other ordinances of East Vincent Township, and institute action for payment of costs incurred.
3. 
Storm Drainage Systems and Watercourses.
A. 
Maintenance of all drainage facilities and watercourses within any - subdivision and/or land development is the responsibility of the landowner or developer until and unless they are accepted by the Township in accordance with this Part.
B. 
It is the responsibility of any landowner or developer doing any act to on or across a watercourse or swale, or upon the floodplain or right of way thereof, to maintain as nearly as possible in its present state, the stream, watercourse, swale, floodplain, wetlands, way for the duration of the construction activity and to return it to its original or equal condition after such activity is completed.
C. 
Maintenance of drainage facilities or watercourses originating on private property is the responsibility of the owner to their point of open discharge at the property line or at a watercourse within the property.
D. 
No landowner or developer shall block, impede the flow of, alter, construct any structure, or deposit any material, or commit any act which will affect normal or flood flow in any watercourse without having obtained prior approval from the Township and the Pennsylvania Department of Environmental Resources.
4. 
Irrespective of the provisions of the Zoning Ordinance [Chapter 27], any recreation or open space areas created under the terms of this chapter shall be owned and maintained as provided for on final plans approved by the Board of Supervisors.
[Ord. 138, 7/17/1996, § 603; as amended by Ord. 178, 12/1/2004]
1. 
When the developer has completed all of the necessary and appropriate improvements, he 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 Township Engineer shall inspect all of the aforesaid improvements and 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. Said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part. 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 reason 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 mail, of the action of the Board with regard to approval, nonapproval, or rejection of improvements.
3. 
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 those improvements 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 are accepted by the Township. In addition, 10% of the performance guarantee shall be held back by the Township until the developer has posted a maintenance guarantee, and as-built plans are verified and accepted by the Township. The maintenance guarantee shall total 15% of the total costs of the public improvements and shall be binding for a period of 18 months following dedication.
5. 
Partial releases of the performance guarantee during the period of construction shall be authorized as per § 22-311.1.
[Ord. 138, 7/17/1996, § 604; as amended by Ord. 178, 12/1/2004]
Within 30 days after completion and Township approval of subdivision or land development improvements as shown on final plans, and before Township acceptance of such improvements, the developer shall submit to the Board a plan showing actual locations, elevations, dimensions and conditions of streets and all other public improvements, including easements showing geometry and monument locations certified by a registered engineer or registered surveyor to be in accordance with actual construction. As-built plans shall show elevations and inverts to all manholes, pipes and roads.
[Ord. 138, 7/17/1996, § 605; as amended by Ord. 178, 12/1/2004]
1. 
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 satisfactory proof establishing the developer's clear title to said property. The Township has the right to request executed and acknowledged deeds of dedication at the time of signing of the development agreement. Such documents are to be filed with the Township Secretary for review of 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 land development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the streets, even though constructed according to the specifications of this chapter, deteriorate before the said 50% of the lots have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to the Board before being accepted by the Township.
2. 
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, the 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. The developer is required to follow the construction sequence specified by the Chester County Conservation District and/or the Township Engineer. 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 existing 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.
3. 
If the developer fails to offer dedication of said improvements, then the Board may, in addition to any other remedies provided by law, require the developer, or his heirs, successors, executors, or assigns, to make an offer at any time in the future that the best interests of the Township are served by the dedication and acceptance of the public improvements.
4. 
The Township shall have no obligation to take over and make public any street, other improvement or park, however, unless:
A. 
The required improvements, utility mains and laterals, monuments, markers, etc., shown on the approved final plans, have been certified by the Township Engineer as having been constructed in accordance with the provisions of this chapter.
B. 
It be established to the satisfaction of the Board that there exists a need for the improvements to be taken over and made public.
5. 
The Township shall have no responsibility with respect to any park, street or other improvement, notwithstanding the use of same by the public, unless the park, street, or other improvement has been accepted by ordinance or resolution by the Board.
6. 
The Board may require that certain subdivision and land development improvements remain undedicated, with maintenance to be the responsibility of individual lot owners, a homeowners association or similar entity, or an organization capable of carrying out maintenance responsibilities.
[Ord. 138, 7/17/1996, § 606; as amended by Ord. 178, 12/1/2004]
1. 
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 guarantee, as described in § 22-311, 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.
2. 
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 maintained, as necessary, and performed in accordance with § 22-311, "Performance Guarantees," (for the maintenance bond period required by §§ 22-607.1), 22-307.4, "Stormwater Management Plan," and 22-603, "Maintenance Responsibilities," of this chapter.