No project shall be considered to be in compliance with this chapter until the streets, storm drainage facilities, sewer facilities, survey monuments, and other required facilities have been installed in compliance with the provisions of this chapter.
A. 
The applicant shall agree, in writing, to construct streets and other improvements from the lot or lots to be sold or built upon to an existing improved street, subject to the provisions of § 320-5B herein. The work shall be performed in strict accordance with approved plans and Schuylkill Township standards and specifications and, where applicable, the provisions of the Pennsylvania Department of Transportation specifications, Form 408, latest edition.
B. 
No plan shall be finally approved until the applicant has completed all of the necessary and appropriate improvements as required as a condition for final approval of a plan or until such time as the applicant has provided for the deposit with the Township Supervisors of escrow funds, or a security acceptable to the Township Supervisors in an amount sufficient to cover 110% of the costs of any improvements which may be required, estimated as of 90 days following the date scheduled for completion by the applicant or developer. The escrow funds or security shall be posted prior to the initiation of construction.
C. 
Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the party posting the financial security, provided the bonding company or lending institution is authorized to conduct such business within the commonwealth and shall conduct all legal activities regarding the security according to the laws of the commonwealth.
D. 
Such bond, or other security, shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.
E. 
The Township Supervisors may annually adjust the amount of 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 or rescheduled date planned for completion. Subsequent to this adjustment, the Township Supervisors may require the applicant to post additional security in order to assure that the financial security equals the 110%. Any additional security shall be posted by the applicant in accordance with this section.
F. 
The amount of financial security shall be based upon an estimate of the cost of completion of the required improvements submitted by the applicant and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be fair and reasonable. The Township Supervisors, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant and the Township Supervisors are unable to agree upon an estimate, then the estimate shall be recalculated by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township Supervisors and the applicant. 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 Supervisors and the applicant.
G. 
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of the financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.
H. 
In the case where development is projected over a period of years, the Township Supervisors may authorize the submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
I. 
As the required improvements are installed, the applicant posting the financial security may request the Township 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 requests shall be in writing, and the Township Supervisors shall have 45 days from receipt of such request to allow the Township Engineer to certify, in writing, to the Township Supervisors that such portion of the work has been completed in accordance with the approved plan. Upon such certification, the Township Supervisors 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 completed improvements or, if the Township Supervisors fail to act within said forty-five-day period, the Township Supervisors shall be deemed to have approved the release of funds as requested. The Township Supervisors may, prior to release at the time of completion and certification by the Township Engineer, retain 10% of the estimated cost of the remaining improvements. This sum shall be returned upon the completion of all improvements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
J. 
If sanitary sewer lines or water supply systems and facilities are to be installed under the jurisdiction and pursuant to the rules and regulations of the Valley Forge Sewer Authority, the Philadelphia Suburban Water Company, or other applicable authority, financial security to assure inspection, proper completion and maintenance thereof shall be posted in accordance with the regulations of the applicable authority and shall not be included within the financial security as otherwise required by this section.
K. 
In the event that the applicant fails to satisfactorily complete any improvement in a timely manner, the Township Supervisors may utilize all or a portion of the escrow funds or security to complete the improvement, stabilize any area of land disturbance, and abate or correct any hazardous condition that may arise from the development or construction.
Where the Township Supervisors accept dedication of all or some of the required improvements following completion, the Township Supervisors may require the posting of a performance guarantee to secure the structural integrity and functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Such performance guarantee shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the performance guarantee shall not exceed 15% of the actual cost of installation of said improvements.
[Amended 1-7-2013 by Ord. No. 2013-01]
A. 
When the applicant has completed all of the necessary and appropriate improvements, the applicant shall notify the Township Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The Township Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall thereupon file a report, in writing, with the Township Supervisors and shall promptly mail a copy of the same to the applicant by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Municipal Engineer of the aforesaid authorization from the Township 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 by the Municipal Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B. 
The Township Supervisors shall notify the applicant, within 15 days of receipt of the Engineer's report, in writing by certified or registered mail, of the action of said Township Supervisors with relation thereto.
C. 
If the Township Supervisors or the Municipal Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the applicant shall be released from all liability pursuant to its performance guaranty bond or other security agreement.
D. 
If any portion of the said improvements shall not be approved or shall be rejected by the Township Supervisors, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification as outlined herein shall be followed.
E. 
Nothing herein, however, shall be construed in limitation of the applicant's right to contest or question by legal proceedings or otherwise any determination of the Township Supervisors or the Municipal Engineer.
F. 
Where herein reference is made to the Municipal Engineer, he shall be a duly registered professional engineer employed by the Township Supervisors or engaged as a consultant thereto.
G. 
The Township Supervisors require that the applicant shall reimburse Schuylkill Township for the reasonable and necessary expense incurred in connection with the inspection of improvements. The applicant shall not be required to reimburse the Township Supervisors for any inspection which is duplicative of inspections conducted by other governmental agencies or public utilities. The burden of proving that any inspection is duplicative shall be upon the objecting applicant. Such reimbursement is based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Schuylkill Township's professional consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant to the Schuylkill Township for comparable services when fees are not reimbursed or otherwise imposed on applicants.
(1) 
Schuylkill Township shall submit to the applicant an itemized bill showing the work performed in connection with the inspection of improvements performed, identifying the person performing the services and the time and date spent for each task. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, no later than 100 days after the date of transmittal of a bill for inspection services, notify the Township Supervisors and the Schuylkill Township's professional consultant that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objections to the fees charged, in which case Schuylkill Township shall not delay or disapprove a request for release of financial security, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses. Failure of the applicant to dispute a bill within 100 days shall be a waiver of the applicant's right to arbitration of that bill under this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Subsequent to the final release of financial security for completion of improvements for a subdivision or land development, or any phase thereof, the professional consultant shall submit to the Township Supervisors a bill for inspection services, specifically designated as a final bill which the Township Supervisors shall submit to the applicant. The final bill shall include inspection fees incurred through the release of financial security.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
If the professional consultant and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 100 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as an arbitrator. The applicant and professional consultant whose fees are being challenged shall, by mutual agreement, appoint another professional consultant to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional consultant whose fees are being challenged.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator, in his or her sole opinion, deems necessary and shall render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the applicant or the professional consultant whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days. In the event the Schuylkill Township has paid the professional consultant an amount in excess of the amount determined to be reasonable and necessary, the professional consultant shall within 60 days reimburse the excess payment.
(5) 
In the event that the Schuylkill Township's professional consultant and applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for appointment of an arbitrator, then, upon application of either party, the president Judge of the Court of Common Pleas of Chester County shall appoint such arbitrator, who, in that case, shall be neither the Schuylkill Township's professional consultant nor any professional consultant who has been retained by, or performed services for, the Schuylkill Township or the applicant within the preceding five years.
(6) 
The fee of the arbitrator shall be paid by the applicant if the disputed fee is upheld by the arbitrator. The fee of the arbitrator shall be paid by the charging party if the disputed fee is $2,500 or greater than the payment decided by the arbitrator. The fee of the arbitrator shall be paid in an equal amount by the applicant and the charging party if the disputed fee is less than $2,500 of the payment decided by the arbitrator.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7) 
In the event that the disputed fees have been paid and the arbitrator finds that the disputed fees are unreasonable or excessive by more than $10,000, the arbitrator shall:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
Award the amount of the fees found to be unreasonable or excessive to the party that paid the disputed fee; and
(b) 
Impose a surcharge of 4% of the amount found as unreasonable or excessive to be paid to the party that paid the disputed fee.
(8) 
The Township or an applicant shall have 100 days after paying a fee to dispute any fee charged as being unreasonable or excessive.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon the expiration of the eighteen-month period specified in § 320-58, the applicant may request the Township Supervisors to release the performance guarantee posted in accordance with § 320-58. The release of such performance guarantee shall follow the provisions of § 320-59, provided that references to "improvement guarantee" shall be interpreted as "performance guarantee."
A. 
Installation. All water, gas, electric, and other pipes and conduits, and all service connections or laterals shall be laid to the full width of the ultimate right-of-way, where the need can be reasonably anticipated, before streets are paved. The arrangements for said service connections or laterals shall be the responsibility of the applicant. All such installation shall be subject to all applicable ordinances, regulations or policies of the applicable authority or utility.
B. 
Public water supply. When water is to be provided by means other than by private wells owned and operated by the individual owners of lots within the subdivision or development, the applicant shall present evidence to the Township Supervisors that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
A. 
Notice. The Township and/or the appropriate authority may inspect all plans for correctness and inspect all improvements that may be accepted under its jurisdiction for conformance with plans and compatibility with good construction practice. The applicant shall notify the Township Engineer and the Authority 48 hours in advance of the commencement of any construction operation, in order that provision may be made for inspection by the Township or Authority.
[Amended 6-7-2017 by Ord. No. 2017-05]
B. 
Samples of materials. Samples of the materials shall be furnished to the Township Engineer in the same manner as is required of contractors under the Pennsylvania Department of Transportation specifications.
C. 
Sanitary sewers. When public sanitary sewer construction is a part of the project, certification of applicable materials and inspection of the sewers shall be carried out by the Valley Forge Sewer Authority Engineer, which shall have the responsibility and authority granted to the Township Engineer under this chapter for purposes of complying with this subsection.
The applicant shall permit the Township Engineer to inspect any improvement that may be accepted by the Township Supervisors or applicable authority. Such inspections shall be conducted at a reasonable time and place as determined by the Township Engineer as being necessary to properly evaluate the improvement. Such inspections may be conducted at (but shall not necessarily be limited to) the following stages of construction:
A. 
Structures. Inspections may occur at the following stages, as applicable:
(1) 
Foundation excavation and erosion control measures;
(2) 
Footer;
(3) 
Framing;
(4) 
Wiring, plumbing, heating, ventilation, air-conditioning;
(5) 
Insulation and interior wall installation; and
(6) 
Final grading, surface stabilization and landscaping.
B. 
Streets. Inspections may occur at the following stages, as applicable:
(1) 
Rough grading and erosion control measures;
(2) 
Curbing;
(3) 
Base course;
(4) 
Final course; and
(5) 
Final grading.
C. 
Stormwater management and control facilities. Inspections may occur at the following stages, as applicable:
(1) 
Excavation, rough grading, and erosion control measures;
(2) 
Installation of pipes and similar facilities;
(3) 
Backfill and final grading; and
(4) 
Seeding and surface stabilization.
All improvements shall be deemed to be private improvements and only for the benefit of the specific project until such time as they have been offered for dedication and formally accepted by the Township Supervisors or Authority. No responsibility of any kind for any improvements shall fall onto the Township or Authority until the improvements have been formally accepted. No improvement shall be accepted for dedication except upon the submission of as-built drawings by the applicant and upon inspection.
A. 
Conditions. The Township shall have no obligation to take over and make public any street or other improvement unless:
(1) 
The required improvement, utility mains and laterals, and monuments shown on an approved plan or plans have been constructed to the requirements of the Township.
(2) 
It is established to the satisfaction of the Township Supervisors that there is a need for the improvements to be taken over and made public.
B. 
Acceptance. The Township shall have no responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public, unless the street or other improvement is accepted by ordinance or resolution of the Township Supervisors.