A.
Placement; marking. Monuments and markers must be
placed that the scored or marked point coincides exactly with the
point of intersection of the lines being monumented. They must be
set so that the top of the monument or marker is level with the surface
of the surrounding ground. Concrete monuments shall be marked on top
with a copper or brass dowel. Cut-stone monuments shall have a point
marking.
C.
Removal. Any monuments or markers that are removed
shall be replaced by a surveyor at the expense of the person moving
them.
A.
Residential streets shall be graded, surfaced, and
improved in accordance with this section and as per Exhibit 2. Commercial
and industrial streets shall be graded, surfaced and improved in accordance
with this section and as per Exhibit 3.[1]
[1]
Editor's Note: Exhibits 2 and 3 are included at the end of
this chapter.
B.
The following standards shall apply to the road base:
(1)
Road base shall be placed on well-compacted subbase.
(2)
Geogrids (Tensar® BX1100 or equivalent) shall
be placed on the well-compacted subbase.
(3)
Road base shall consist of one of the following materials:
(4)
Leveling course. On top of the road base outlined
above shall be placed two inches of crusher-run leveling course acceptable
to the Township.
C.
Shoulders. Shoulders shall consist of four inches
of compacted shale or stone, four feet long, both sides of cartway.
The outside three feet of compacted shale or stone shall then be covered
with topsoil and seeded. The remaining one foot next to the cartway
shall have stone placed to grade with the edge of the cartway.
D.
Street paving.
(1)
Residential streets shall be paved with 4 1/2 inches
of ID-2A macadam consisting of three inches of BCBC and 1 1/2 inches
of wearing course.
(2)
Arterial commercial and/or industrial streets shall
be paved with 6 1/2 inches of ID-2A macadam consisting of five inches
BCBC and 1 1/2 inches of wearing course.
(3)
The macadam shall meet the Pennsylvania Department
of Transportation (PennDOT) specifications.
E.
All utilities installed under the cartway of the streets
shall be backfilled with crusher run or other stone material acceptable
to the Township. Utilities shall be completely installed no less than
90 days before the paving of the street.
F.
After all streets are completed, such completion shall
be certified as satisfactory by the Township.
G.
Inspection. The Township Inspector shall approve in
steps; first, the subbase; then the road base, geogrid; then the leveling
course; and finally, the paving. The developer may not proceed to
the next step without first obtaining approval of the step just completed
by the Township Inspector.
H.
Where three road cuts are made in 200 feet of roadway,
entire roadway must be paved.
I.
Utilities installed under existing streets shall be
backfilled with crusher run or other stone materials acceptable to
the Township and as per Exhibit 4.[2]
[2]
Editor's Note: Exhibit 4 is included at the end of this chapter.
A.
Sewer systems.
(1)
The minimum sewage facility that shall be provided
for any dwelling, building, or commercial or industrial enterprise
shall be of materials, designs, and functions in accordance with standards
and regulations as determined by Act 537, commonly referred to as
the Pennsylvania Sewage Facilities Act, as amended,[1] and its regulations, and/or the Washington Township Municipal
Authority rules and regulations.
[1]
Editor's Note: See 35 P.S. § 750.1 et. seq.
(2)
If an existing public sanitary sewer system is within
1,000 feet of a proposed subdivision, manufactured home park, or land
development, the developer shall provide the subdivision, manufactured
home park, or land development with a complete sanitary sewer system,
which shall be connected to the public system and which shall serve
every property within the proposed project. All plans and installations
shall be subject to the approval of the Municipal Authority. Upon
proper cause shown, the Supervisors, at an open meeting, may waive,
modify, alter or suspend the requirements of this subsection.
[Amended 12-21-2020 by Ord. No. 280]
(3)
Where a public sanitary sewer system is not accessible
but is planned for extension to the subdivision, manufactured home
park or land development or to within 1,000 feet of any part of same,
or land development with a complete sanitary sewer system to be connected
to the planned public sanitary sewer system, the developer's sewer
system shall include a collector main installed in the street bed
or approved sewer right-of-way and laterals installed from the collector
main to the line of the street right-of-way or other approved sewer
right-of-way. All plans and installations shall be subject to the
approval of the Municipal Authority. Upon proper cause shown, the
Supervisors, at an open meeting, may waive, modify, alter or suspend
the requirements of this subsection.
[Amended 12-21-2020 by Ord. No. 280]
(4)
Collector mains shall be designed as per the Washington
Township Municipal Authority (WTMA) standards and requirements. All
sewage collector mains shall be inspected by the WTMA at the cost
of the developer.
(5)
Following the construction of the collection system,
the subdivider shall provide the Municipal Authority with as-built
plans prepared by an engineer or surveyor and bearing his seal, showing
the size, location and length of all lines. All descriptions shall
include bearings and distances.
(6)
Following completion of the collection system by the
developer and inspection and approval by the Municipal Authority Engineer,
the developer shall dedicate same to the Municipal Authority.
B.
Water.
(1)
Where a public water main supply is within 1,000 feet
of, or where plans approved by the Board of Supervisors provide for
the installation of such public water facilities to within 1,000 feet
of a proposed subdivision or land development, the developer shall
provide the subdivision or land development with a complete water
main supply system, together with fire hydrants, to serve the subdivision
or land development in accordance with specifications provided by
the provider of water to the subdivision or land development, to be
connected to the existing or proposed water main supply system. Under
proper cause shown, the Supervisors, at an open meeting, may waive,
modify, alter or suspend the requirements of this subsection. The
public water system shall be used by the residents of the lot, and
no type of private water system such as a well or cistern shall be
interconnected to the public water system. No private water system
such as a well or cistern shall be used for human consumption where
public water is available.
(2)
Following the construction of the water system, the
subdivider shall provide the provider of public water with as-built
plans, prepared by an engineer or surveyor and bearing his seal, showing
the size, location, and length of all lines. All descriptions shall
include bearings and distances.
(3)
Following completion of the water system by the developer
and inspection and approval by the provider of public water, the developer
shall dedicate same to the provider of public water.
(4)
Where installation of a public water main supply system
is not required, the developer or owner of the lot shall provide for
each lot at the time improvements are erected thereon, an individual
water supply acceptable to the Department of Environmental Protection.
A.
Each subdivision or land development shall conform to the provisions of Chapter 295, Stormwater Management, Article II, Antietam Creek Watershed, Appendix A, for stormwater management if located in the Antietam Watershed, or the provisions of Chapter 295, Article I, General Requirements, if located outside of the Antietam Watershed.
[Amended 12-29-2004 by Ord. No. 182]
B.
Lots shall be laid out and graded to provide positive
drainage away from new and existing buildings.
C.
Whenever the evidence available indicates that natural
surface drainage is inadequate, the subdivider or developer shall
install storm sewers, culverts, retention basins and/or related facilities
in accordance with plans and profiles designed by a registered engineer,
approved by the Municipal Engineer, reviewed by the Planning Committee
and approved by the Board of Supervisors. The developer shall submit
his engineer's calculations upon which the size of conduits, culverts,
and other portions of the proposed storm sewer system have been based.
Such storm drainage systems shall further provide the adequate drainage
of streets and the interception of stormwater runoff along streets
at intervals reasonably related to the extent and grade of the area
drained, and provide off-site improvements if needed.
[Amended 12-16-2019 by Ord. No. 271]
D.
For any structure in, along or across any stream having
a drainage area of 1/2 mile square or more, which may be subject to
the rules and regulations promulgated under the Clean Streams Law,
the subdivider or developer shall submit to the Township a copy of
the approved permit for a structure issued under the Clean Streams
Law.
Wherever the lots in a proposed subdivision
or land development will result in a density of five or more families
per net residential acre, or where multifamily dwellings are provided,
curbs shall be installed within the proposed development along the
required parking areas. The Board of Supervisors may require installation
of curbs and/or gutters in any subdivision where the evidence indicates
that such improvements are necessary for proper drainage. All completed
curbs and gutters shall be certified as satisfactory by the Municipal
Engineer.
Wherever the lots in a proposed subdivision
or land development will result in a density of five or more families
per net residential acre, or where multifamily dwellings are provided,
sidewalks shall be installed from the required parking area to the
residential units and to the required playground(s), when applicable.
The Board of Supervisors may require installation of sidewalks in
any subdivision or land development where the evidence indicates that
sidewalks are necessary for the public safety. All completed sidewalks
shall be certified as satisfactory by the Municipal Engineer.
A.
Streets dedicated to Township. Streets constructed
since the first subdivision ordinance in 1976 were dedicated to the
Township with deeds for what is normally a fifty-foot wide piece of
ground the length of the street, with paving more or less centered
on it. Inasmuch as the Township is deeded ownership to this fifty-foot
wide strip of ground, certain restrictions apply to any encroachment
by any lot owner on this property. Any shrub, bush, tree, structure,
mailbox, post, log, vehicle or other object placed on this property
by a lot owner is done so at the lot owner's risk. Washington Township
refuses any responsibility to replace, remove or repair any such objects
damaged by the Township. Further, any such object that hinders sight
vision from driveways or intersections must be removed by the owner
within 14 days of receiving written notice by the Township. If the
object is not removed after the prescribed time by the owner, the
Township will remove the object and dispose of it in accordance with
laws. The Township would be under no requirement to return the object
to its previous owner after the expiration of the prescribed time.
B.
Streets on which the Township has a right-of-way.
Inasmuch as the lot owner continues to own the property over which
the right-of-way exists, a lot owner may place objects such as mailboxes,
shrubs, posts, and similar items on his property over which the Township
has a right-of-way as long as those objects do not interfere with
normal safety of the traveling public, normal maintenance of the roadway,
or sight vision from any intersection or driveway. Any property owner
notified regarding required removal of an object from the right-of-way
must do so within 14 days of receiving written notice. Failure to
remove the object will result in the Township removing the object
and replacing it on the lot owner's property off the right-of-way.
Any object on a right-of-way damaged by Township equipment hitting
the object will not be replaced by the Township. If the object is
hit by snow or stones in normal course of work by the Township, the
Township is not responsible for replacing it.
C.
State roads. Any objects on state road rights-of-way
damaged by Township equipment will be handled on a case-by-case basis.
[Added 4-21-2004 by Ord. No. 175]
An applicant or developer of a subdivision or
land development plan shall plan for, provide and dedicate to Washington
Township a suitable and adequate park or recreation area to serve
the needs of future residents or occupants of the subdivision or land
development or, in the alternative, upon agreement with Washington
Township, pay a fee in lieu of dedicating park or recreational areas,
guarantee the private reservation of land and maintenance of park
or recreation areas, construct recreational facilities, or provide
for any combination of the foregoing, all in accordance with the provisions
of this section.
A.
Criteria for proposed park or recreation areas.
(1)
General criteria. The proposed park or recreation
areas, whether offered for dedication to Washington Township or proposed
to become part of a private reservation of land, shall comply with
and be subject to the following criteria:
(a)
Proposed park or recreation areas shall:
[1]
Be easily and safely accessible, have good ingress
and egress and have direct access to a public roadway, a minimum of
50 feet wide.
[2]
Be contiguous and regular in shape.
[3]
Be suitable for park and recreational purposes
by reasons of size, shape, location, topography and soil conditions
for use and development as a park or recreation area.
[4]
A minimum of 75% of the required area shall
have a maximum slope of 7%.
[5]
No more than 25% of the required area may be
within floodplain or wetland areas, unless agreed to by the Township.
[6]
Be served by all essential utilities, such as
water, sewer and electric.
[7]
Be compatible with the objectives, guidelines,
and recommendations as set forth in the latest Washington Township
Comprehensive Park, Recreation, and Open Space Plan.
(2)
Specific criteria applicable to the private reservation
of land. Proposed park or recreation areas proposed by the applicant
or developer as part of the private reservation of land shall be subject
to the following requirements:
(a)
Final subdivision and/or development plans shall
indicate the location and specifications of all park and recreation
areas to be constructed and set forth metes, bounds and acreage(s)
of the park and recreation area(s).
(b)
Park and recreation areas shall be bonded and
have improvement guarantees posted or deposited with the Township
as with any other subdivision or land development improvements.
(c)
A property owners association, or other entity
acceptable to the Township, shall be established to own and maintain
any private reservations of land.
(3)
Mandatory dedication.
(a)
Any proposal that would result in the creation
of one or more new dwelling units shall be required to dedicate a
minimum of 0.06 acre of park and/or open space per dwelling unit to
the Township, prior to final plan approval.
(b)
As an alternative to dedication, and upon agreement
with the Board of Supervisors, the applicant may agree to provide
the following:
(4)
Dedication of land to Washington Township.
(a)
All or part of park or recreation areas may
be offered for dedication to Washington Township, but the Township
shall not be obligated to accept same.
(b)
The Board of Supervisors or the Planning Committee
may determine dedication or private reservation to be impractical
because of the size, shape, location, access, topography, drainage
or other physical features of the land, or that such dedication or
private reservation would adversely affect the subdivision or land
development and its future residents or occupants, or that there is
no other land area within the proposed subdivision or land development
which is practical for dedication to the public or for a private reservation
of land for park purposes because of size, access, topography, or
other physical characteristics. In such event, the applicant or developer,
upon agreement with the Township, shall pay a fee in lieu of dedication,
in accordance with the requirements of this section.
[Amended 12-16-2019 by Ord. No. 271]
(c)
When the Board of Supervisors deems it to be
in the public interest to accept title to dedicated land, such acceptance
shall be by means of a signed resolution to which the property description,
lot plan with metes, bounds and acreage, and a fee simple title deed
with general warranty free of any liens, encumbrances or easements
on and to the dedicated recreation area, shall be attached.
(5)
Private reservation of land for park or recreation
purposes.
(a)
All park and recreation areas proposed to be
a private reservation of land as park and recreation area for use
of the residents or occupants of the land subject of the subdivision
or land development, shall upon agreement with the developer or applicant
and the Board of Supervisors, be irrevocably conveyed to a duly incorporated
property owner's association, or other entity acceptable to the Township,
which shall be responsible to properly maintain perpetually all of
such park and recreation areas, pay all taxes assessed to the land
as well as any improvements thereon and supervise all activities conducted
thereon. The Township shall have no obligation whatsoever in connection
with such park or recreation areas other than the normal municipal
services provided to the public in general.
(b)
The deed of conveyance of such park and recreation
areas shall contain a restrictive covenant limiting such land and
improvements to the common use of the property owners within the development
for the purposes initially approved by the Township. Said deeds shall
also contain a restriction that said lands and improvements may not
be sold or disposed of by the association, except to another organization
formed to own and maintain said recreation areas, without first offering
to dedicate the land and improvements to the Township.
(6)
Fee in lieu of dedication.
(a)
In lieu of dedicating park or recreation land
to the Township, the applicant or developer may pay to the Township
the after-developed fair market value of the land which would have
been otherwise required for dedication. The after-developed fair market
value shall be determined on the basis that the land has access to
a public roadway and the availability of all utilities and shall not
reflect a value of the land in a raw condition or state.
(b)
This fair market value shall be submitted as
part of the preliminary plan submission by the applicant or developer
at the applicant's or developer's expense and shall be determined
by a member of the Appraisal Institute of the American Institute of
Real Estate Appraisers (MAI) and shall include any documentation used
to derive the land's after-developed fair market value.
(c)
The Board of Supervisors shall have the right
to reject any appraisal and select another appraiser at the expense
of the applicant or developer, which will establish the fee to be
paid based upon the after-developed fair market value of the land.
(d)
The Board of Supervisors may, from time to time,
establish, by resolution, a fixed per dwelling unit fee, which fee
shall be in place of the above described fair market value fee and
shall remain in effect until a succeeding resolution establishing
other fees is adopted.
(7)
All fees paid hereunder shall be due and payable in
full upon approval of the final subdivision or land development plan
or phase or section thereof and shall be paid prior to the release
of any plan for recording.
A.
All utilities including electric, telephone, TV cable and natural gas installed under any street cartway shall either be placed in the street subbase prior to the street being compacted as per § 310-38B or the developer/utility shall place conduit in the street subbase for the future installation of the utilities.
B.
No utilities shall be installed under the cartway
after a new street has been accepted by the Township for a minimum
of five years unless specifically approved by the Board of Supervisors
after receiving a written request. Bonding shall be provided to provide
for the complete restoration of the cartway in the event that the
cartway boring should fail.
A.
Street name signs. The subdivision or land development
shall be provided with street name signs at all intersections. Such
signs shall conform to Township specifications and shall be installed
by the Township at the developer's expense.
B.
Other street signs. Street signs, such as stop signs,
warning signs, speed signs or any other signs required by the development
shall conform to Pennsylvania Department of Transportation regulations.
These signs shall be installed at the developer's expense prior to
dedication of the street to the Township.
Construction of all facilities and utilities
shall be subject to inspection by appropriate Township officials during
the progress of the work. The developer shall give 48 hours' notice
to the Township prior to the installation or performance of any work
requiring Township inspection and will be billed at the current rate.
In cases where any of the foregoing requirements
are not deemed appropriate by the Board of Supervisors to serve in
the public interest, the Board of Supervisors reserve the right to
increase, change, alter, or substitute materials, manner and specification
for any utility or street improvement.
No plat shall be finally approved unless the
streets shown have been improved to a mud-free or otherwise permanently
passable condition or improved as may be required by this chapter,
and any walkways, curbs, gutters, streetlights, fire hydrants, recreational
facilities, shade trees, water mains, sanitary sewers, storm drains,
and other improvements as may be required by this chapter have been
installed in accordance with this chapter. In lieu of the completion
of any improvements required as a condition for the final approval
of a plat, a deposit with the municipality of financial security may
be required in an amount sufficient to cover the costs of any improvements
or common amenities, including but not limited to roads, stormwater
detention and/or retention basins and other related drainage facilities,
recreational facilities, open space improvements, or buffer or screen
plantings. Without limitation as to other types of financial security
which the municipality may approve, which approval shall not be reasonably
withheld, federal or commonwealth lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purpose of this section. 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 said
bonding company or lending institution is authorized to conduct such
business within the commonwealth. Such bond or other security shall provide for and secure to the
public, the completion of any improvements which may be required within
one year of the date fixed in the subdivision plat for completion
of such improvements. The amount of financial security shall be equal
to 110% of the cost of the required improvements, estimated as of
90 days following the date scheduled for completion by the developer
for which financial security is to be posted. The cost of the improvements
shall be established by submission to the Township Supervisors of
bona fide bid or bids from the contractor or contractors chosen by
the party posting the financial security to complete the improvements;
or, in the absence of such bona fide bids, the costs shall be established
by estimate prepared by the municipality's engineer. 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 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 procedures. In the case where development is projected
over a period of years, the Township Supervisors may authorize submission
of final plats by section or stages of development subject to such
requirements or guarantees as to improvements of future sections or
stages of development as it finds essential for the protection of
any finally approved section of the development. As the work of installing
the required improvements proceeds, the party posting the financial
security may request the Township Supervisors to release or authorize
the release of, 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
Supervisors, and the Township Supervisors shall have 45 days from
receipt of such request within which to allow the Municipal Engineer
to certify, in writing, to the Township Supervisors that such portion
of the work upon the improvements has been completed in accordance
with the approved plat. Upon such certification, the Township Supervisors
shall authorize release by the bonding company or lending institution
of an amount as estimated by the Municipal Engineer fairly representing
the value of the improvements completed; or, if the Township Supervisors
fall 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 final release at the time of
completion and certification by its engineer, require retention of
10% of the estimated cost of the aforesaid improvements. Where the
governing body accepts dedication of all or some of the required improvements
following completion, the governing body 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.
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. If water mains or
sanitary sewer lines, or both, along with apparatus of facilities
related thereto are to be installed under the jurisdiction and pursuant
to the rules and regulations of a public utility or municipal authority
separate and distinct from the municipality, financial security to
assure proper completion and maintenance thereof shall be posed in
accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section. If financial security
has been provided in lieu of the completion of improvements required
as a condition for the final approval of a plat as set forth in this
section, the municipality shall not condition the issuance of building,
grading or other permits relating to the erection or placement of
improvements, including buildings, upon the lots or land as depicted
upon the final plat 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 following 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, either upon the lot or lots or beyond
the lots in question if such improvements are necessary for the reasonable
use of or occupancy of the building or buildings.
Two sets of as-built drawings shall be submitted
to the Township upon completion of the streets, stormwater facilities,
or other improvements associated with the approved final plat.
A.
When the developer has completed all of the necessary
and appropriate improvements, the developer shall submit two sets
of as-built drawings and 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 Municipal
Engineer. The Board of 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 written report with the Board of Supervisors and shall promptly
mail a copy of the same to the developer 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
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 by the Municipal Engineer, said report
shall contain a statement of reasons for such nonapproval or rejection.
B.
The Board of Supervisors shall notify the developer
in writing; by certified or registered mail, of the action of said
Board of Supervisors with relation thereto.
C.
If the Board of Supervisors or the Municipal Engineer
fail to comply with the time limitation provisions contained herein,
all improvements will be deemed to have been approved, and the developer
shall be released from all liability pursuant to its performance guaranty
bond.
D.
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.
E.
Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question, by legal proceeding
or otherwise, and determination of the Board of Supervisors or the
Municipal Engineer.
F.
Where herein reference is made to the Municipal Engineer,
he shall be as a consultant thereto.
G.
The municipality may prescribe that the applicant
shall reimburse the municipality for the reasonable and necessary
expense incurred for the inspection of improvements.
In the event that any improvements which are
required have not been installed as provided in this chapter or in
accord with the approved final plat, the Board of Supervisors may
enforce any corporate bond or other security by appropriate legal
and equitable remedies. If proceeds of such bond or other security
are insufficient to pay the cost of the installing or making repairs
or corrections to all the improvements covered by said security, the
Board of Supervisors 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 moneys 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 developer, or both, shall be used solely
for the installation of the improvements covered by such security,
and not for any other municipal purpose.
