[Ord. No. 146, 3/4/2021]
1.
No plan shall be finally approved unless the streets shown on such
plan have been improved as may be required by this chapter, and any
walkways, curbs, gutters, street lights, fire hydrants, shade trees,
water mains, sanitary sewers, storm drains, stormwater management
facilities, or other improvements as may be required by this chapter,
have been installed in accordance with this chapter, except that the
surface course of streets shall not be completed until such time as
90% of the lots in the subdivision or land development have been improved
by the construction of a dwelling if approved for residential development
or by the construction of the proposed commercial or industrial structures
if the lots are approved for such uses.
2.
In lieu of the construction and completion of the improvements required
by this chapter as a condition for final plan approval, the developer
may deposit with the Township and/or the Authority, as applicable,
a letter of credit, or other financial security authorized by the
MPC and acceptable to the Board of Supervisors and/or the Authority
in an amount equal to 110% of the estimated cost of the required improvements
at a time 90 days following the date scheduled for completion of the
respective improvements by the developer. Forms for financial security
and developer's agreements may be obtained from the Township
and from the Authority.
3.
The amount of financial security required by the Township shall be
based upon an estimate of the cost of the improvements, submitted
by a 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 using prevailing wages under
the Pennsylvania Prevailing Wage Act[1] which the Township would be required to pay if the Township
drew upon the financial security to complete some or all of the required
improvements. The estimated cost of the surface course shall be computed
separately from the estimated cost of completing the other improvements
and shall be based upon the developer's projected timetable for
completion of the development. The Township, upon the recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown. If the 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 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 developer.
[1]
Editor's Note: See 43 P.S. § 165-1 et seq.
4.
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 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 subsection.
5.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Township to release
or authorize the release, from time to time, such portions of the
financial security necessary for payment to the contractor or contractors
performing the work. Any such requests shall be in writing addressed
to the Township, and shall include a list of what items have been
completed along with the amount of reduction requested based upon
the approved estimate of the cost of the improvements. The Township
consider such requests in accordance with the provisions of the MPC
and, prior to final release at the time of completion and certification
by the Township Engineer, shall retain 10% of the original amount
of the posted financial security for the aforesaid improvements.
6.
The Township shall require the retention of a minimum of 10% of the
value of the work completed until the party posting the financial
security provides the Township with as-built plans, prepared in accordance
with the applicable ordinances, demonstrating all improvements on
the approved plans have been constructed in accordance with the approved
plan and the requirements of this chapter and all other applicable
ordinances, statutes and regulations, and such as-built plans have
been reviewed and approved by the Township Engineer.
7.
The developer's engineer or landscape architect shall certify
that he/she observed the installation of all stormwater management
facilities outside of the existing or proposed public (dedicated)
right-of-way and that the stormwater management facilities function
in accordance with the approved plans. The certification by the developer's
engineer or landscape architect shall accompany all requests for financial
security reduction.
8.
At such time as 90% of the lots in the subdivision have been improved
as set forth above, or at the expiration of the time agreed to by
the applicant and the Board of Supervisors for completion of all improvements
excepting the surface course has been completed, less than 90% of
the lots have been so improved, the Township may notify the developer
to complete the surface course within 60 days from the date of such
notice. In computing the sixty-day requirement, the period from October
1 to April 1 shall not be counted.
9.
If at the time the surface course is completed, 90% of the lots are
not improved as set forth above, the developer shall post with the
Township financial security in an amount equal to 15% of the reasonable
cost of the surface course as security to guarantee that damages to
the road or street would not occur during the completion of the improvements
on the unimproved lots in such developer's subdivision or land
development. The Township shall hold such financial security and utilize
it to pay for the repair of any damage occurring to the road during
the period between the commencement of improvements on any particular
unimproved lot and the completion of such improvements irrespective
of whether or not it can be established that the damage to the road
was caused by contractors or other persons working in and about the
construction of such improvements. The financial security shall be
in a form acceptable to the Township.
[Ord. No. 146, 3/4/2021]
1.
When the developer has completed all the improvements as shown on the final plans, the developer shall notify the Township, in writing, by certified or registered mail, of the completion of the aforesaid improvements, enclosing therewith certification by the developer's engineer or landscape architect that the improvements have been installed as designed, and shall send copies of the notice and certification to the Township Engineer. All requests shall include as-built plans as specified in § 22-508 of this chapter and as-built plans of any other improvements to be dedicated to the Township and/or the Authority and of all streets, whether or not such streets shall be dedicated.
2.
The Township shall process a request for a release of financial security
in accordance with the provisions of the MPC.[1] Improvements shall not be considered completed unless
the developer can demonstrate compliance with the requirements of
this chapter, and all other applicable ordinances, statutes and regulations,
including but not limited to submission, review and approval of all
required as-built plans.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
3.
The Township shall require the retention of a minimum of 10% of the
value of the work completed until the party posting the financial
security provides the Township with as-built plans, prepared in accordance
with the applicable ordinances, demonstrating all improvements on
the approved plans have been constructed in accordance with the approved
plans and the requirements of this chapter and all other applicable
ordinances, statutes and regulations.
4.
The developer's engineer or landscape architect shall certify
that they observed the installation of all stormwater management facilities
outside of the existing or proposed public (dedicated) right-of- way
and that the stormwater management facilities function in accordance
with the approved plans. The certification by the developer's
engineer or landscape architect shall accompany all requests for financial
security release.
5.
If any portion of the said improvements shall not be approved or
shall be rejected by the Township, the developer shall proceed to
complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
[Ord. No. 146, 3/4/2021]
In the event that any improvements that may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Board of Supervisors may enforce any
letter of credit or other financial security by appropriate legal
and equitable remedies. If proceeds of such 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 such improvements in all or part of the
subdivision or land development and may institute appropriate legal
or equitable action or recover the monies necessary to complete the
remainder of the improvements. All the proceeds, after deducting the
costs of collection, whether resulting from the financial 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.
[Ord. No. 146, 3/4/2021]
1.
General Requirements.
A.
The Township and/or the Authority, at their discretion, shall observe the installation of improvements during construction. The developer shall pay the cost of any such observation in accordance with the observation provisions of the chapter and MPC Part 5.[1]
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
B.
The required observation schedule will be developed during plan preparation
through the mutual agreement of the Township and the developer.
C.
A preconstruction meeting shall be required for all projects requiring
the construction and observation of improvements shown on the approved
plans.
D.
A representative of the developer and/or the developer's contractor
shall be present for all observations.
E.
The developer shall provide at least 48 hours' notice prior
to the start of construction of any improvements that are subject
to observation.
F.
All observations of completed items shall be requested at least 48
hours in advance of the observation time and date.
G.
The observation schedule shall be recorded with the final plan or
shown on the approved improvement construction plan.
2.
Stormwater Management/E&S Facilities Observations. Observations
of stormwater management and erosion control facilities shall occur,
at a minimum, as follows:
A.
Upon completion of preliminary site preparation and installation
of erosion and sedimentation control facilities.
B.
Upon completion of permanent drainage facilities or other improvements.
C.
During the construction of stormwater and BMP facilities within the
existing or proposed public (dedicated) right-of-way.
(1)
Observation of stormwater and BMP facilities outside of the
existing or proposed public (dedicated) right-of-way will be conducted
by the Township and/or the Township Engineer.
(2)
These observations will include the first structure outside
of the existing or proposed public (dedicated) right-of-way.
D.
During the construction of stormwater and BMP facilities outside
the existing or proposed public (dedicated) right-of-way.
(1)
Observation of stormwater and BMP facilities outside of the
existing or proposed public (dedicated) right-of-way will be conducted
by the developer's engineer or landscape architect.
(2)
The developer's engineer or landscape architect shall certify
that they observed the installation of all stormwater management facilities
outside of the existing or proposed public (dedicated) right-of-way
and that the stormwater management facilities function in accordance
with the approved plans.
(3)
The certification by the developer's engineer or landscape
architect shall accompany all requests for financial security reduction
or release.
E.
Upon the completion of stormwater management, BMP facilities, ground
covers and plantings.
(1)
This observation will be conducted by the Township and/or the
Township Engineer and will include the entire site within and outside
of the existing or proposed public (dedicated) right-of-way.
(2)
This observation will generally occur during a financial security
reduction request and/or as-built plan review.
F.
Upon completion of rough grading but prior to placing topsoil (minimum
four inches) and ground covers.
G.
Prior to the placement of any pavement wearing course, release of
financial security and/or the acceptance of any offer dedication,
a final storm sewer observation shall be conducted.
(1)
The developer shall schedule the final storm sewer observation
with the Township at least 30 days prior to any request for the Township
to accept any offer of dedication or release of financial security.
(2)
During the observation, the Township will visually observe the
storm sewer to determine:
H.
The final storm sewer observation by the Township shall not relieve
the applicant of the requirement to complete the project in compliance
with the approved plan(s).
3.
Street System Observations.
A.
For existing or proposed public (dedicated) streets/right-of-way,
the entire street shall be subject to the following observations.
Observations of private streets and access drive shall be limited
to 100 feet from its connection with the existing or proposed public
(dedicated) right-of-way.
B.
The following general guidelines shall be used during the installation
of bituminous paving mixtures:
(1)
Bituminous paving mixtures shall not be placed between November
1 and March 31, unless allowed in writing by the Township.
(2)
Bituminous paving mixtures shall not be placed when surfaces
are wet or frozen.
(3)
Bituminous paving mixtures shall not be placed when the air
or surface temperature is 40° F. or lower.
C.
The following general guidelines shall be used during the installation
of cement concrete when the temperature is 40° F. or lower:
(1)
Concrete shall be protected from freezing for the first 24 to
48 hours or until it achieves a compressive strength of at least 500
psi.
(2)
Concrete that is saturated with water shall not be exposed to
cycles of freezing and thawing until it achieves a compressive strength
of at least 4000 psi.
(3)
Surfaces in contact with the concrete shall be above freezing
and free from snow, ice, and frost prior to placement.
E.
The following observations shall be conducted during the installation
of the street subgrade:
(1)
The subgrade shall be proof rolled with a fully loaded tri-axle
dump truck.
(2)
The cross slope, crown and grade shall be verified.
(3)
This observation shall occur prior to placing the street subbase.
(4)
In the event unstable soil conditions are observed and the Township
Engineer determines the unstable soil conditions may affect the long-term
integrity of the proposed street, the Township reserves the right
to require the developer to conduct a geotechnical evaluation of the
soils in the proposed street right-of-way.
(a)
The scope of the geotechnical evaluation, including testing
methodologies, shall be prepared and submitted to the Township for
approval.
(b)
The results of the geotechnical evaluation shall be submitted
in a report signed and sealed by the developer's geotechnical
consultant and include recommendations to correct unstable soil conditions
that may affect the long-term integrity of the proposed street.
(c)
The geotechnical evaluation report shall be submitted to the
Township for review and approval.
(d)
The developer shall be responsible for implementing the recommendations
in the approved geotechnical evaluation report.
F.
The following observations shall be conducted during the installation
of the street subbase:
G.
The following observations shall be conducted during the installation
of the street binder/base paving course:
(1)
The depth of the binder/base paving course after compaction
shall be verified.
(2)
The ambient (air) and bituminous material temperatures shall
be monitored.
(3)
Weight slips shall be provided for each delivery of binder/base
paving.
(4)
The cross slope, crown and grade shall be verified.
(5)
This observation shall occur prior to placing the wearing paving
course.
H.
The following observations shall be conducted during the installation
of the street wearing paving course:
(1)
The final storm sewer observation shall be conducted prior to
placing the wearing course.
(2)
Written evidence of approval of acceptance of water and sewer
facilities located within the cartway, from the appropriate Authority
or agency, shall be provided prior to placing the wearing course.
(3)
The depth of the wearing paving course after compaction shall
be verified.
(4)
The ambient (air) and bituminous material temperatures shall
be monitored.
(5)
Weight slips shall be provided for each delivery of binder/base
paving.
(6)
The cross slope, crown and grade shall be verified.
[Ord. No. 146, 3/4/2021]
1.
Recording of the final plan after approval of the Board of Supervisors
has the effect of an irrevocable offer to:
2.
No offer of dedication obligates the Township to accept such street,
park or recreation area, or other improvements. Acceptance of dedication
shall be in the sole discretion of the Board of Supervisors.
[Ord. No. 146, 3/4/2021]
1.
A request that the Board of Supervisors accept dedication of any
street or portion thereof shall be made on forms provided by the Township,
along with all required supporting documentation and required fees
and in accordance with all Township regulations. Requests to accept
dedication may be submitted to the Township at any time during the
calendar year after all construction and improvements are complete;
however, the Township will not formally act upon any offer of dedication
prior to April 15 nor later than September 1 of any calendar year.
2.
The request that the Township accept an offer to dedicate streets,
parks or other areas or portions of them does not impose any duty
upon the Township and/or the Authority concerning maintenance or improvement
until the proper authorities of the Township and/or the Authority
have made actual acceptance of the dedication by ordinance or resolution
or by entry or improvement. The Township and the Authority have no
obligation to accept any offer of dedication.
3.
The developer shall reimburse the Township or the Authority, as applicable,
for all costs associated with the acceptance of dedication, including
but not limited to preparation of documents, recording of documents,
and preparation and advertising of ordinances to establish traffic
regulations on streets. The developer shall provide the Township with
an as-built plan meeting the requirements of this chapter and all
information reasonably required to consider the request to accept
dedication, including but not limited to legal descriptions, title
searches, and information necessary to qualify a street for liquid
fuels tax allocation. The developer shall provide good and marketable
title, free of all liens and encumbrances, to land and right-of-way
which the developer requests the Township and/or the Authority to
accept.
4.
Where the Township accepts dedication of all or some of the required improvements following completion, the Township 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 plan for a term of 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in § 22-501 of this chapter with regard to installation of such improvements and the amount of such financial security shall not exceed 15% of the actual cost of the installation of the said improvements. The developer shall provide the Township with all information necessary to calculate the amount of the maintenance security.
5.
Where the Authority accepts dedication of some or all of the required
improvements, the Authority may require the posting of financial security
in accordance with its rules and regulations and applicable law.
A.
In the event the Township accepts dedication of any land on or under
which is located utilities to be incorporated within the Authority's
water or sewer system, the Township shall assign all of its rights
in such improvements and appurtenances to the Authority, together
with an easement, but subject to a requirement of repair of retained
Township improvements.
[Ord. No. 146, 3/4/2021]
The developer shall maintain all streets in the subdivision
or development in travelable condition, including the prompt removal
of snow therefrom, until such time as the streets are accepted by
the Township as part of the Township highway system; or, if such streets
are not to be dedicated or the Township declines to accept the streets,
until a homeowners' association or other entity responsible for
the maintenance of the streets has been formed and has assumed such
responsibility.
[Ord. No. 146, 3/4/2021]
1.
Prior to the final release of the financial security, the developer
shall provide the Township with two paper prints, and one GIS compatible
electronic copy of the final as-built plan.
A.
The coordinate base for the GIS compatible electronic copy of the
final as-built plan shall be based on the PA South Zone State Plane
Coordinate System (NAD83 for horizontal and NAVD88 for vertical).
2.
The as-built plan shall be developed by the professional responsible
for the preparation of the approved final plan. The as-built plan
shall include a certification of completion signed by the professional
responsible for the preparation of the as-built plan that all improvements
have been constructed and function in accordance with the requirements
of the approved plans, the requirements of this chapter and all other
applicable ordinances, statutes and regulations.
3.
The as-built plan requirements will be developed during plan preparation
through the mutual agreement of the Township and the developer.
4.
The as-built plan requirements shall be recorded with the final plan
or shown on the approved final plan.
5.
Prior to the release of financial security, all storm sewer pipes
shall be televised as part of the preparation of the as-built plan.
6.
In addition to any as-built plan requirements of Chapter 23, Stormwater Management, the as-built plan shall include the following:
A.
The actual location of all concrete monuments which were set at all
angle breaks and points of curvature along one side of the right-of-way.
(1)
When the outside perimeter of a tract falls within or along
an existing road right-of-way, then the right-of-way of that roadway
shall be monumented at the above-referenced points.
B.
The actual location of all iron pins or drill holes in curbs for
all individual lot lines.
D.
The actual separation distance between the 100-year stormwater surface
elevation and the finished floor elevation(s). The difference in elevation
needs to be greater than or equal to the design separation distance.
E.
The horizontal and vertical location of underground utilities located
within the right-of-way of all streets and access drives.
