A.
Construction improvements. All construction improvements shall be
in accordance with the standards of this chapter.
B.
No occupancy permits for any building or buildings to be erected
shall be issued by the Township until the Township Engineer certifies:
(1)
The roads, streets, or lanes providing access to and from existing
public roads to such building or buildings have been improved to a
permanently passable condition by application of at least an asphalt
base course.
(2)
All other improvements depicted on the approved final plan,
either upon the lot or lots or beyond the lot or lots in question
and necessary for the reasonable use of or occupancy of any such building
or buildings have been completed.
A.
The construction or installation of all improvements shall at all
times be subject to inspections by the Township Engineer or representatives
of the Township or any other governing authority at the expense of
the applicant, in accordance with Section 510 of the Pennsylvania
Municipalities Planning Code, as amended. If such inspection reveals
that work is not in accordance with the approved plans and specifications,
that construction is not being done in a satisfactory manner, or that
erosion sediment is being deposited on adjacent areas as a result
of the land development, the Township is empowered to require corrections
to be made and/or the suspension of the subdivision approval and to
use a cease and desist order, which may include any or all of the
following sanctions:
B.
Any cease and desist order shall be terminated upon the determination
of the Township that the said defects or deviations from plan requirements
have been corrected.
C.
All inspection procedures and methods shall be at the discretion
of the Township Engineer or other duly authorized person.
D.
It shall be the responsibility of the applicant or developer to notify
the Township Manager and the Township Engineer at least two working
days in advance of the commencement of any construction or installation
of any facility or utility required by this chapter or by the approved
subdivision or land development plan in order that provisions may
be made for inspection by the Township.
E.
In addition to the advance notice required in § 115-601D, it shall be the responsibility of the applicant to notify the Township Engineer at least two working days in advance of the time anticipated for the required inspection:
(1)
Key trench for stormwater management basins following excavation
but prior to the placement of any backfill.
(2)
Underground stormwater management facility prior to excavation.
(3)
All pipe work, including outlet pipe and anti-seep collars in
stormwater management basins, storm drains, and utilities, before
backfill begins.
(4)
Utility work within existing roadways prior to road opening
or saw-cutting of roadway.
(5)
Footings for structures following excavation but prior to the
commencement of any further construction work on the structure.
(6)
Fill placement in existing or future Township rights-of-way
prior to placement.
(7)
Road subgrade when completed, but before the start of installation
of curbs or stone base course.
(8)
Curbs and sidewalks, when stone base is in place, and during
the subsequent concrete pours.
(9)
Stone subbase course during its installation.
(10)
Bituminous surface binder course during its installation.
(11)
Bituminous surface wearing course during its installation.
(12)
Erosion and sedimentation control facilities removal, including
conversion of sediment basins and traps to permanent, prior to conversion.
F.
The Township shall be authorized to make periodic physical inspections
of all subdivisions and land developments under construction in the
Township. In addition, the Township Engineer shall be responsible
for reviewing and approving field construction or any special requirements
which may be imposed by the Board of Supervisors at the time of approval
of a land development or subdivision plan.
A.
The applicant shall be required to pay for all reasonable and necessary
expense incurred by the Township in the review of subdivision and
land development plans and for the inspection of improvements. Such
expenses shall be based upon a fee schedule established by resolution
of the Board of Supervisors.
B.
Such review and inspection fees shall be reasonable and in accordance
with the ordinary and customary charges by consultants to the Township
for similar services, but in no event shall the fees exceed the rate
of cost charged by such consultants to the Township, In the event
the applicant contests the amount of the inspection fees, the applicant
and the Township shall follow the procedure for dispute resolution
set forth in the Pennsylvania Municipalities Planning Code.
A.
Improvements guarantee. Prior to final plan approval by the Board of Supervisors and before a major plan application may be endorsed or recorded and before the issuance of any building permits, the applicant shall deliver to the Board of Supervisors an improvements guarantee in the form of a corporate bond or other financial security approved by the Board of Supervisors in an amount sufficient, as determined in accordance with § 115-603B to cover the cost of all improvements required by this chapter, their engineering and their inspection. The agreement shall specify the following where applicable:
(1)
The improvements guarantee shall guarantee the construction
and installation, within two years from the deliverance of the guarantee,
of those improvements to be located within that portion of the subdivision
or land development for which a final plan has been approved by the
Board of Supervisors. The Board of Supervisors may, at its discretion,
extend the two-year period.
(2)
The improvements guarantee shall be required for all improvements
required by this chapter including but not limited to roads, sewer
lines, water lines, landscaping, stormwater facilities, and erosion
and sediment control facilities.
(3)
The owner shall tender a deed or deeds of dedication to the
Township for all improvements. Improvements shall be constructed within
two years after approval, provided that the Township shall not accept
dedication of such improvements until their completion is certified
as satisfactory by the Township Engineer and a maintenance bond or
escrow in the amount of 15% of the cost of all improvements has been
provided for a period of 18 months.
B.
Amount of improvements guarantee.
(1)
The improvement guarantee shall equal 110% of the cost of completing
the improvements estimated as of 90 days following the date scheduled
for completing said improvements.
(2)
The Township may make an annual adjustment to the improvement
guarantee, determined by comparing the cost of completed improvements
to the estimated cost of improvements and estimating the cost of completing
the remaining improvements. The annual adjustment shall ensure the
improvement guarantee equals 110% of the cost to complete all improvements
as of 90 days following the original date scheduled for completion
or a revised date for completion.
(3)
The amount for improvement guarantee shall be based on a cost
estimate submitted by the applicant or developer, prepared and certified
by a Pennsylvania-licensed professional engineer.
(4)
The Township, upon the recommendation of the Township Engineer,
may refuse to accept the estimate of the applicant or developer.
(5)
If the Township and applicant or developer cannot agree on an
estimate, then another professional engineer, mutually selected by
the Township and applicant, shall prepare and certify another estimate.
The cost of the third engineer shall be paid equally by the Township
and the applicant or developer.
(6)
Where development is projected over a period of years, the Board
of Supervisors may authorize submission of final plans in sections
or stages subject to requirements or guarantees for improvements in
future sections or stages it finds essential for the protection of
any approved section of the development.
C.
Release of improvements guarantee.
(1)
As the work of installing the required improvements proceeds,
the party posting the financial security may request the Board of
Supervisors 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 request shall
be in writing addressed to the Board of Supervisors, and the Board
of Supervisors shall have 45 days from receipt of the request within
which to allow the Township Engineer to certify, in writing, to the
Board of Supervisors that such portion of the work upon improvements
has been completed in accordance with the approved plat. Upon such
certification the governing body shall authorize release by the bonding
company or lending institution of an 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 the forty-five-day
period, the Board shall have deemed to have approved the release of
funds as requested. The Board of Supervisors may, prior to final release
at the time of completion and certification by its engineer, retain
10% of the original amount of posted financial security for the aforesaid
improvements.
(2)
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.
(3)
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 improvements or any portion thereof shall not be approved
or shall be rejected, said report shall contain a statement of reasons
for such non-approval or rejection.
(4)
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 their action.
(5)
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.
Remedies to effect completion of improvements. In the event that any improvements which are required by this chapter, including those listed under § 115-603A have not been installed as provided in this chapter or in accord with the approved final plan, the Township may enforce any corporate bond or other security by appropriate legal and equitable remedies. If the 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 Township 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 applicant, the developer, or both, shall be used solely for the installation of the improvements covered by such security, including the Township's cost to enforce the completion of the improvements.
E.
Maintenance guarantee. Where the Board of Supervisors accepts dedication
of all or some of the required improvements following completion,
the Board of Supervisors 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 plat for a term not to exceed
18 months from the date of acceptance of dedication. The maintenance
guarantee term for required landscaping shall not exceed two years.
Said financial security shall be of the same type as otherwise required
in this section with regard to installation of such improvements,
and the amount of the financial security shall not exceed 15% of the
actual cost of installation of said improvements.
F.
Release from improvements guarantee. Upon completion and approval
of improvements, guarantee held by the Township shall be released
to the applicant.
A.
General standards.
(1)
Upon completion of the public improvements shown on an approved
subdivision or land development plan and within 90 days after approval
of such public improvements as herein provided, the developer shall
submit a written offer of such public improvements for dedication
to the Township. The Township shall have the discretion to accept
such public improvements or not.
(2)
The applicant shall be responsible for maintenance of all improvements
until the time that such improvements are accepted by the Township.
(3)
The Township may require that stormwater management facilities
remain in private ownership, with the maintenance responsibility placed
on individual lot owners, a homeowners' association or similar
entity, or an organization capable of carrying out such maintenance
responsibilities.
(4)
Where maintenance of stormwater management facilities is to
be the responsibility of individual owners, a homeowners' association
or similar entity, or an organization capable of carrying out maintenance
responsibilities, the Township may require that an initial escrow
maintenance fund be established in a reasonable amount, that provision
is made for periodic review of the adequacy of capital reserves for
repairs and replacements of such facilities, and that maintenance
responsibilities be set forth in perpetual covenants or deed restrictions
biding on the landowner's successors in interest, all in such
instruments and on such items are acceptable to the Township, upon
review by the Township Solicitor at the applicant or developer's
expense. The Township maintains the right to inspect and enforce remedial
action on stormwater management facilities in private ownership.
B.
Conditions of acceptance of streets and other improvements. The Township
shall have no obligation to take over and make public any street or
other improvement in or abutting a subdivision unless:
(1)
The required improvements, utility mains and laterals and monuments
shown on the approved plan or plans have been constructed to all requirements,
as certified by the Township Engineer.
(2)
It is established to the satisfaction of the Board of Supervisors
that there is a need for the improvements to be taken over and made
public.
C.
Dedication of streets and other improvements. Upon completion of
construction of a street or other improvements in accordance with
approved plans, as certified by the Township Engineer, a deed of dedication
for the street prepared by the Township Solicitor shall be submitted
to the Board of Supervisors, together with a certificate from the
contractor, evidencing payment of all labor and material costs.
D.
Acceptance of streets and other improvements. After the dedication and certifications described in § 115-604C has been completed and all inspection and engineering fees for the roads and improvements have been paid and all accrued snow removal costs and other extraneous costs chargeable to the applicant have been paid; and the maintenance bond on the road and other improvements, excluding sewers, has been posted, then the road and other improvements (exclusive of the sewers) shall be accepted by the adoption of a resolution by the Board of Supervisors, accepting the deed and directing that it be recorded (with the Chester County Recorder of Deeds). Evidence of such recording shall be returned to Thornbury Township.
E.
Dedication of sanitary sewers. Upon completion of construction of
a sanitary sewer in accordance with approved plans and sanitary drainage
specifications, as certified by the Township Engineer, a deed of dedication
for the sewer prepared by the Township Solicitor shall be submitted
to the Board of Supervisors or public sewer providers, if applicable,
together with a certificate from the contractor evidencing payment
of all labor and material costs, and a receipt for inspection charges.
F.
Acceptance of sanitary sewers. After the dedication described in § 115-604E above has been completed, the applicant shall post a maintenance bond in the amount of 15% of the cost of said sewer improvements for the sewers, and then the sewers may be accepted by the adoption of a resolution by the Board of Supervisors, or public sewer providers, as their interest may appear, accepting the deed and directing that it be recorded. Evidence of such recording shall be returned to the Thornbury Township.
G.
Acceptance and dedication of recreational facilities. Upon agreement with the applicant or developer, the Township may require the construction of recreational facilities, the payment of fees in lieu thereof, the private reservation of the land, or a combination in accordance with § 115-517, for park or recreation purposes as a condition precedent to final plan approval, provided that:
(1)
The land or fees, or combination thereof, shall be used only
for the purpose of providing park or recreational facilities accessible
to the public.
(2)
The park and recreational facilities are in accordance with
definite principles and standards of the Township's Open Space,
Recreation, and Environmental Resources Plan.
(3)
The amount and location of land to be dedicated or the fees
to be paid shall bear a reasonable relationship to the use of the
park and recreational facilities by future inhabitants of the development
or subdivision.
Prior to the Board's acceptance of some or all of the improvements required for a subdivision or land development plan, the Board may require the applicant to post a maintenance guarantee in accordance with § 115-603E.
