A.
Supervisors approve development plan but do not sign plan and release for recording until:
(1)
Township Engineer has received from developer's representative a construction cost estimate of all improvements and the Township Engineer has approved the estimate, and
(2)
A Development Agreement that can be recorded with the Montgomery County Recorder of Deeds Office has been approved and executed by the Township, the developer, and the property owners, and
(3)
A financial security agreement with appropriate security as provided by the Pennsylvania Municipal Planning Code ("MPC") and the Douglass Township Subdivision and Land Development Ordinance ("SALDO") is approved by the Township and is fully funded or appropriately guaranteed, and
(4)
All requisite permit fees, costs, and other fees or payments due the Township have been paid or are to be paid upon the release of the plan for recording, and
(5)
Title insurance is issued to the benefit of the Township in an amount sufficient to cover the fair market value of the public improvements and property to be dedicated or otherwise improved for public purposes or use, and
(6)
All deeds and/or easements for property to be dedicated to the Township are to be escrowed with the Township with descriptions approved by the Township Solicitor and Township Engineer and such funds that are necessary to prepare or revised the deeds, to obtain title insurance that will insure that the Township receives clear title to the dedicated property and to record the deeds.
B.
The Plan is released for recording with other requisite documents including the development agreement and the financial security being executed, established and funded per arrangements approved by the Township. The requirements of Article V., Section 500, Subdivision and Land Development of the Municipalities Planning Code,[1] are incorporated herein and must be complied with.
C.
Written verification of recording and issuance of title insurance to the benefit of the Township is provided to the Township confirming that there are no liens or encumbrances affecting the property to be dedicated to the Township and that all obligations under the development agreement are not subject to any liens or encumbrances.
D.
An application for a building permits is submitted to the Township and approved upon subject to all conditions precedent to the issuance have been complied with. No work is to be performed until the preconstruction meeting has been held.
E.
A preconstruction conference shall be required for all subdivision and land developments where there is financial security required for the construction and installation of improvements and for any other construction or earthmoving activities when deemed necessary by the Township. The preconstruction meeting shall be in accordance with an agenda previously established and circulated among those required to attend as well as the Township Manager. A form for the preconstruction conference agenda is included in the exhibits attached hereto.[2] The following are requested to attend:
(1)
Developer and contractors,
(2)
Township representatives, including the Township Engineer and Inspector,
(3)
Utility representatives,
(4)
Representatives of other reviewing or permitting agencies.
[2]
Editor's Note: The Preconstruction Conference Agenda Form is included as an attachment to this chapter.
F.
For the preconstruction meeting, the developer shall provide:
G.
Requirements.
(1)
Proof of all required permits, insurance certifications, and other necessary approvals shall be provided at the preconstruction meeting as well as compliance with the utility notification requirement of Act No. 172/287. Construction shall not commence until all permits and approvals are obtained. The property owner under his signature shall make all permit applications.
(2)
All applications and/or permit fees shall be paid at the time of application and shall be in the amount as established by resolution of the Board of Supervisors as in effect at the time of application.
(3)
A general list of permits and/or approvals, which is not all inclusive or limited, is as follows:
Permits or Approvals | Agency |
|---|---|
Stream encroachment | (Pa D.E.P.) (Army Corps of Engineers) (Pa Fish Commission) |
Wetlands and/or floodplain encroachments | (Pa D.E.P.) (Army Corps of Engineers) |
Water quality | (Pa D.E.P.) (Delaware River Basin Commission) |
State highway access and/or occupancy | (Pa DOT) (Douglass Township) |
County street access and/or occupancy | (Montgomery County) |
Township street opening | (Douglass Township) |
Township street access (driveways and roads) | (Douglass Township) |
Grading, soil erosion and sediment control | (County Soil Conservation) (Douglass Township) |
Sanitary sewer connections and installations | (Douglass Sewer Advisory Board) |
Water connection and/or installations | (Local Water Utility Co.) |
H.
Thereafter, construction shall begin provided that all conditions precedent have been satisfied as determined by the Township Engineer.
I.
Inspections/notifications.
(1)
Unless otherwise provided herein or by the Township Engineer, the Township, through its duly authorized representative, shall perform all inspections to confirm that approved materials have been used and that there has all construction and installation of all improvements have been performed by proper and approved methods in accordance with the standards of the Township. Unless the Board of Supervisors authorizes otherwise, all costs associated with the inspections shall be the responsibility of the owner and developer.
(2)
Inspections shall be required prior to the commencement of construction, during the installation of materials and structures, and upon the completion of all improvements. All improvements shall be installed in accordance with all required approved regulations and specifications.
(3)
Any and all unsatisfactory work, use of inappropriate methods or procedures, and the installation or construction with defective materials, inappropriate design or poor workmanship shall be rejected and noted for the record on the inspection standards punch list. The same shall be cured, corrected, and approved by the Township Engineer or inspector before final acceptance.
(4)
All required improvements shall be placed, sited, installed and/or constructed in accordance with the plan and per the controls as established by a registered Pennsylvania surveyor or licensed civil engineer to ensure that the installation and the construction of all improvements are in proper location, elevation, alignment and profile.
(5)
Scheduling of the required inspections shall be the responsibility of the developer. The developer shall notify the Township or the appropriate agency at least two workdays before commencing any work on any undertaking that requires inspection including those tasks as set forth in Subsection I(6) hereof.
(6)
The Township's representative shall be notified prior to the commencement of any construction and/or excavation, including removal of topsoil, grubbing of shrubs, bushes, trees and vegetation of any kind, or the performance of any work in a street, right-of-way, utility easement, storm drainage easement, of any work in a street, right-of-way, utility easement, storm drainage easement, waterways or any other work per the plan or development agreement.
J.
The developer shall institute appropriate traffic control and safety measures including the following:
(1)
Work being performed on any and all existing public highways, streets, rights-of-way and easements, shall require street occupancy permit, the posting of a performance bond as may be required from the proper authority, and the establishment and institution of all required safety protection, including flag persons, appropriate signage, barricades, flashing warning devices and other required safety devices and procedures. All safety protection methods, devices and procedures shall be in conformance with Pennsylvania Department of Transportation Publication 203, Work Zone Traffic Control current edition. The developer shall be solely responsible for implementing the appropriate safety procedures and installing and using the required safety devices, at the developer's sole cost and expense.
(2)
All work performed shall be in compliance with federal, state and local safety regulations and to assure the safety of the public and all personnel involved directly or indirectly in the construction of all improvements. Safety measures such as trench shoring, protective clothing, safety shields, safety switches on power equipment, and vehicle alarms shall be used where appropriate.
K.
For the periodic release of financial security:
(1)
The developer shall request the release from Township.
(2)
The Township shall submit the request to the Engineer for approval.
(3)
The request shall be on a form and presented in such manner as approved by the Township and its Engineer. The request shall be made and shall be deemed received so that the Engineer shall have at least 30 days to review and comment with respect to the release prior to a public meeting of the Board of Supervisors.
(4)
The Engineer approves or recommends an adjustment to the request.
(5)
At a public meeting, the Board of Supervisors acts on the release request after receiving the recommendation of the Engineer.
M.
Upon all punch-list items being completed, all improvements being accepted, and the requisite dedication, acceptance, and recording of all documents necessary for any dedication and acceptance, the financial security for the performance of the installation and construction of the improvements in accordance with the plan and development agreement shall be released by formal action of the Board of Supervisors subject to the execution of the maintenance agreement and financial security for the maintenance of the improvements for an eighteen-month period thereafter.
N.
Prior to the release of the maintenance financial security, the Township shall inspect to assure that the development is and has been constructed in compliance with the plan and the development agreement. Upon certification of compliance by the Township Engineer and approval by the Board of Supervisors after the eighteen-month maintenance period, the maintenance financial security will be released.








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