A. 
The applicant shall construct all roads, streets, lanes or alleys, together with all other improvements whether public or private, 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, and applicable provisions of the Pennsylvania Department of Transportation Specifications, Publication 408, dated 1987, or the latest revision thereto, or other applicable regulations.
B. 
No plat shall be finally approved for recording, and no building permits shall be issued until the applicant has completed all required improvements or has provided a performance guarantee in accordance with § 109-309, hereof.
C. 
If financial security has been provided in lieu of the completion of required improvements, the Township shall not condition the issuance of building, grading or other permits upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld on the basis that all improvements have not been completed, provided that 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, if such improvements are necessary for the reasonable use of or occupancy of the building or buildings, and provided that the developer is in full compliance with the plan, the subdivision and land development improvements agreement required by § 109-308 and the performance guarantee required by § 109-309.
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 maintained, as necessary, in accordance with § 109-310, for the maintenance bond period required by §§ 109-602 and 109-606 of this chapter and Chapter 75, Grading, Chapter 104, Stormwater Management, of the Code of Sadsbury Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
All trenches or other excavations in existing or proposed Township streets shall be in accordance with Chapter 105, Article III, Openings and Installations.
F. 
At all times during the construction of the project, stone beds shall be positioned at all points exiting the site to facilitate the cleaning of mud and debris from all vehicles leaving the site.
G. 
No burning or burying of trash or debris anywhere on the site shall be permitted. To ensure that all trash and debris is removed, a trash container of adequate capacity shall be placed at appropriate locations on the work site.
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 who shall then file a report thereon with the Township. The construction or installation of all improvements shall be, at all times, subject to inspections by a representative 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, such representative is empowered to require corrections to be made, and upon authorization by the Township Board of Supervisors to issue a cease-and-desist order, which shall provide that no further construction shall take place on the site including construction of buildings for which permits are held by the developer except for the construction necessary to remedy the defects cited.
B. 
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.
C. 
After commencement of initial earthmoving operations, the Township Engineer shall inspect at the following points in the development of the site, or of each stage thereof:
(1) 
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.
(2) 
Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage or other site improvements, or establishing covers.
(3) 
During construction of the permanent facilities, at such time(s) as specified by the Township Engineer.
(4) 
Upon completion of permanent stormwater management facilities, including established ground covers and plantings for that purpose.
(5) 
Upon completion of final grading, vegetative control measures and all other site restoration work undertaken in accordance with the approved plan and permit.
(6) 
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 grade.
(2) 
Excavation, installation and completion of drainage, structures, sewage systems or water supply systems.
(3) 
Prior to placing first base course and between such base course.
(4) 
Prior to placing binder course.
(5) 
Prior to placing wearing course.
(6) 
Final inspection in accordance with § 109-601A.
E. 
The applicant shall notify 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.
G. 
The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by resolution, and revised from time to time. Such expense shall be in accordance with the ordinary and customary fees charged by the Township Engineer or consultant, including all Township professional consultants, 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.
(1) 
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 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 request over disputed engineer expenses.
(2) 
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 necessary.
(3) 
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.
(4) 
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.
(5) 
Fee for appointed engineer.
(a) 
The fee of the appointed professional engineer for determining the reasonable and necessary expense shall be paid by the applicant in the event that:
[1] 
The amount of payment required in the decision is equal to or greater than the original bill.
[2] 
The amount of payment required in the decision is less, by up to $1,000, than the original bill.
(b) 
If the amount of payment required in the decision is less, by over $1,000, than the original bill, the Township shall pay 50%, and the applicant shall pay 50%, of the fee of the appointed engineer.
A. 
The responsibilities for the control of erosion and sedimentation and the maintenance of stormwater management facilities, storm drainage systems and watercourses shall be in accordance with Chapter 104, Stormwater Management, of the Code of Sadsbury Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
All recreation and/or open space areas created under the terms of this chapter shall be first offered to the Township and should the Township refuse acceptance they then shall be owned and maintained by a private homeowners' association as approved by the Township and supported by a bond.
A. 
When the applicant has completed all of the necessary and appropriate improvements, he shall notify the Township Board of Supervisors, in writing, by certified or registered mail, of the completion of such improvements and shall send a copy thereof to the Township Engineer. The Township Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the improvements. The Township Engineer shall file a report, in writing, with the Board of Supervisors, and shall mail a copy of the report 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 of Supervisors, and shall be detailed and shall indicate approval or rejection of the improvements, either in whole or in part. If the improvements or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, the report shall contain a statement of reasons for such nonapproval or rejection.
B. 
The Township 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 regard to approval, nonapproval, or rejection of improvements.
C. 
If the Township Board of Supervisors or the Township Engineer fail to comply with the time limitations as provided in this section, all improvements will be deemed approved, and the applicant shall be released from all liability, pursuant to the performance guarantee.
D. 
If any portion of the improvements shall not be approved or shall be rejected by the Township Board of Supervisors, the applicant shall proceed to complete those improvements and, upon completion, the same procedure of notification as provided in this section shall be followed.
E. 
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 as required by § 109-606 and as-built plans are verified and accepted by the Township as provided in § 109-604.
F. 
Partial releases of the performance guarantee during the period of construction shall be authorized as provided in § 109-309.
Within 60 days after completion and Township approval and final inspection of the subdivision or land development improvements as shown on the final plan, and before Township acceptance of such improvements, the developer shall submit to the Township Board of Supervisors a plan showing actual locations, dimensions and conditions of streets and all other public or common private improvements, including easements, showing geometry and monument locations certified by a registered engineer to be in accordance with actual construction. As-built plans shall show elevations and inverts to all manholes, pipes and roads.
A. 
The Township Engineer shall review the as-built plans, including all corrections, and shall make a recommendation to the Township Board of Supervisors.
B. 
The Township Board of Supervisors may approve or disapprove the as-built plans. If the Board of Supervisors approves the as-built plans, one set of such plans indicating such approval shall be returned to the applicant and one set shall be retained for Township records. If the as-built plans are disapproved by the Supervisors, one set of plans so disapproved shall have a notation and date of such disapproval placed thereon and shall be returned, together with the reasons for disapproval set forth in writing, to the applicant, and the remaining set shall be retained for Township records.
C. 
The as-built plans shall be provided to the Township as one set of reproducible (Mylar) copies and three sets of paper prints. The as-built plans shall also be provided to the Township on compact disc as follows:
(1) 
Digital spatial data shall be fully compatible with AutoCAD 2000®, or earlier versions. Files must be provided in the AutoCAD® data exchange (.dxf) format. ArcInfo® data is acceptable in the .e00 format, provided the data is determined to be acceptable. All data is subject to review and approval prior to acceptance.
(2) 
The data shall be provided in an uncompressed format on a standard CD-ROM compatible with the Windows® 95, 98, 2000, or NT operating systems, or the most recent operating software acceptable to the Sadsbury Township Board of Supervisors.
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 satisfactory proof establishing the developer's clear title to said property in the form of a title insurance certificate from a reputable title company and title insurance in such amounts as determined by the Township Solicitor. Such documents are to be filed with the Township for review of the Township Solicitor. Deeds of dedication for public improvements may be accepted by resolution of the Township Board of Supervisors at a regular meeting thereof. The Board of Supervisors may require that at least 80% 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 80% of the lots have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to the Board of Supervisors before being accepted by the Township.
B. 
If the developer fails to offer dedication of said improvements, then the Board of Supervisors may, in addition to any other remedies provided by law, require the applicant, 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.
C. 
The Township shall have no obligation to take over and make public any street, other improvement or park, however, unless:
(1) 
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.
(2) 
It is established to the satisfaction of the Board of Supervisors that there exists a need for the improvements to be taken over and made public.
D. 
The Township shall have no responsibility with respect to any park, street or other improvement, notwithstanding the use of the same by the public, unless the park, street, or other improvement has been accepted by ordinance or resolution by the Board of Supervisors.
E. 
The Township Board of Supervisors may require that certain 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.
Where the Township 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 of Supervisors 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 § 109-309 of this chapter, 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.
The applicant shall provide a certificate of insurance confirming that the applicant is insured against claims for damages for personal and bodily injury and property damage (including damage to Sadsbury Township by deposit or washing of material onto municipal streets or other public improvements) which may arise from or out of the performance of the work, whether such performance be by the applicant, his subcontractor, or any person directly or indirectly employed by him. The certificate of insurance shall also list Sadsbury Township as an additional insured, and be presented to the Township prior to the disturbance work. The amount of such insurance shall be prescribed by the Township in accordance with its determination of the risks involved to persons or property but in no event shall the amount be less than $1,000,000 per occurrence. Such insurance shall be written by a company licensed to do business in Pennsylvania and shall be satisfactory to the Township. Neither issuance of a permit nor compliance with the provisions thereto or any condition imposed by the Township shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor shall it impose any liability upon the Township for damages to persons or property.