A.
Streets. All proposed streets, and those existing
streets which may be increased in width, shall be monumented along
one side of the right-of-way:
(1)
At points of curvature and-points of tangency.
(2)
For easements to be dedicated to the Township as may
be determined by the Township Engineer.
(3)
At such places where topographical or other conditions
made it impossible to sight between two otherwise required monuments,
intermediate monuments shall be placed.
(4)
At such other place along the line of streets as may
be determined by the Township Engineer so that any street may be readily
defined for the future.
B.
Lot corners; pins. All lot corners shall be clearly
identified by either a monument or an iron pin. Where iron pins are
used, they shall be a minimum of one-half-inch diameter solid bar
or reinforcing rod, shall be a minimum of 18 inches in length, and
shall be driven level with finished grade.
C.
Monuments.
(1)
All monuments shall be placed by a registered professional
engineer or surveyor so that the scored point (an indented cross or
drill hole of not more than one-fourth-inch diameter in the top of
the monument) shall coincide exactly with the point of intersection
of the lines being monumented. Monuments placed on street rights-of-way
and easements for public, drainage, or utility use shall be concrete
or stone, tapered (four-inch square top, five-inch square bottom)
and 30 inches in length.
(2)
The tops of monuments shall be set level with the
finished grade of the surrounding ground, except:
(a)
Monuments which are placed within the lines
of existing or proposed sidewalks shall be located beneath the sidewalks
so that their tops will not be affected by lateral movement of the
sidewalks.
(b)
Where monuments are located beneath a sidewalk,
proper access to them shall be assured.
(c)
In wooded areas, monuments shall protrude six
inches above the surface of the ground.
A.
Required improvements. No plan shall be finally approved
unless all improvements required by this chapter have been installed,
constructed, completed and approved by the Township or, as a condition
of final plan approval, the developer has provided for the deposit
with the Township of financial security and Township inspection fees
in an amount sufficient to completely pay for the costs of any such
improvements and necessary Township inspection fees and has executed
the required developer's agreement and the required financial security
agreement. Where public sanitary sewer lines are to be installed in
any development subject to the jurisdiction of the East Whiteland
Municipal Authority, the financial security to assure proper completion
and maintenance thereof shall be posted in accordance with the regulations
of that Authority and need not be included within the financial security
posted with the Township.
(1)
Utility installation. The developer shall agree to
install all electric and telephone utilities underground and to provide
sufficient easements and rights-of-way for such installation and maintenance
by the respective utility companies. In all cases where sanitary sewer
trunk facilities are available, the developer shall be required to
install sanitary sewers and to connect the same to the public sewer
facilities, irrespective of the size of the lots, units or buildings
designated on the plan. If the facilities are not available but will
become available within a reasonable time, or if mandated by the Board,
such sewers, together with all necessary laterals extended from the
main sewer to the street curb, shall be installed and capped by the
developer.
(2)
Developer's agreement. The developer shall execute
the Township's standard form subdivision and land development agreement,
in which he shall agree to timely complete the approved plan and to
lay out and improve the roads, streets, alleys and all other traffic
facilities and to construct all of the other required improvements,
including but not limited to grading, paving, curbs, gutters and other
road improvements, walkways, bicycle trails, streetlights, fire hydrants,
water mains and water systems, storm systems, stormwater detention
and/or retention basins and other related drainage facilities, sanitary
sewers and sewer systems and related facilities, recreational facilities,
open space improvements, buffer and screen plantings and all other
improvements as shown on the approved final plan and as represented
on the application and related documents submitted to the Township
for approval with the plan and any improvements required as a condition
of approval of the plan by the Board.
(3)
Financial security agreement. The developer and the
financial institution issuing the financial security guaranteeing
completion of the required improvements shall execute the Township's
standard form financial security agreement, specifying the terms and
conditions under which such security shall be held, dispersed and
released, and, in addition to posting the required financial security,
the developer shall execute the Township's standard form developer's
performance bond, without surety, as additional security to guarantee
the completion of required improvements. The terms and conditions
of these agreements shall not be amended or modified except as approved
by the Township Solicitor and the Board.
(4)
Developer's reimbursement of Township consultant fees.
The developer shall also post with the Township at the time the financial
security is posted such amount as established by resolution of the
Board to reimburse the Township for the reasonable and necessary expenses
incurred by the Township for the Township Engineer's inspection of
and reports about the required improvements and any fees incurred
by the Township for legal reviews in connection with the plan and
the agreements related thereto. Such fees shall also include the fees
of those acting under the direct supervision and control of the Township
Engineer for such purpose, including consultants and the Municipal
Authority's engineer. The fees so established shall be reasonable
and shall be the ordinary and customary fees charged by the Township
when such fees are not reimbursed or otherwise imposed on developers.
The Township Engineer or consultant shall periodically bill the Township
for all inspection fees and shall send a copy of the bill to the developer.
In the event that the developer disputes the amount of any such fee,
the procedure established in PAMPC Section 510(g)(1) through (5)[1] shall be mandatory for the resolution of any such dispute.
[1]
Editor's Note: See 53 P.S. § 10510(g)(1)
through (5).
B.
Acceptable financial security. The types of financial
security acceptable to the Township include federal or commonwealth
chartered lending institution irrevocable letters of credit, a restrictive
account or an escrow account in such lending institutions, a bond
with surety approved by the Board, or such other security as the Board,
in its sole discretion, deems acceptable financial security for the
purposes of this section. Such financial security shall be established
or otherwise posted by a bonding company or federal or commonwealth
chartered lending institution chosen by the developer, provided that
said institution is authorized to conduct business within the Commonwealth
of Pennsylvania. The developer shall also execute and post with the
Township as additional security his unsecured bond which secures to
the public the completion of all improvements required by the final
plan on or before the date fixed by the Board in approving the plan
or in the subdivision and land development agreement.
C.
Amount of financial security. The amount of financial
security to be posted for completion of the required improvements
shall be equal to 110% of the costs of completion estimated as of
90 days following the date scheduled for completion by the developer.
Annually, the Township may adjust the amount of the financial security
by comparing the actual costs of the improvements which have been
completed and the estimated costs for the completion of the remaining
improvements as of the expiration of the 90th day after either the
original date scheduled for completion or a rescheduled date of completion.
Subsequent to said adjustment, the Township may require the developer
to post additional security in conformity with this section in order
to assure that the financial security equals 110% at all times.
D.
Increases in posted financial security. If the developer
requires more than one year from the date of posting of financial
security to complete the required improvements, the amount of financial
security determined pursuant to this section shall be increased by
an additional 10% for each one year period beyond the first anniversary
date from the posting of the financial security or to an amount not
exceeding 110% of the costs of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period.
E.
Staged releases. When definite stages of work of installation
of the required improvements have been completed, the developer may
make written request to the Board to release or authorize release,
from time to time, of such portions of the financial security as are
necessary for payment to the contractor or subcontractors performing
such stages of work. The Board shall have 45 days from receipt of
such request within which to permit the Township Engineer to certify,
in writing, to the Board that such portion of the work for which release
is sought has been completed in accordance with this chapter and the
approved final plan. Upon such certification, the Board shall authorize
release or reduction by the financial institution issuing the financial
security of an amount as estimated by the Township Engineer which
fairly represents the value of the completed improvements. If the
Board fails to act within 45 days, the Board shall be deemed to have
approved the release or reduction as requested; provided, however,
that prior to final release at the time of completion and certification
by the Township Engineer, the Board shall require retention of 10%
of the estimated costs of the improvements.
A.
Procedure for release.
(1)
When the developer has completed all of the required
improvements, the developer shall give written notice to the Board,
by certified or registered mail, of such completion and shall send
a copy of such notice to the Township Engineer. The Board shall, within
10 days after receipt of such notice, direct and authorize the Township
Engineer to inspect all of the public improvements. The Township Engineer
shall file a written inspection report with the Board and shall promptly
mail a copy of the report to the developer by certified or registered
mail. The report shall be made and mailed within 30 days after receipt
by the Township Engineer of the Board's written authorization to him
to inspect the improvements. The Township Engineer's report shall
be reasonably detailed and shall indicate approval or rejection of
the improvements, either in whole or in part. If any of the improvements
or any portion thereof are not approved or are rejected by him, his
report shall contain a statement of the reasons for such refusal to
approve or rejection. Within 15 days of the Board's receipt of the
Township Engineer's report, the Board shall give written notice to
the developer by certified or registered mail of their action with
relation thereto. Failure of the Board or the Township Engineer to
act within these time limitations shall constitute a deemed approval
that the improvements are acceptable and a release of the financial
security.
B.
Dedication of improvements.
(1)
The Board may require or accept dedication to the
Township of one or more elements of the required improvements, but
shall not be required to accept dedication, except as the Board determines
necessary for the promotion and protection of the public welfare.
If the development is approved and completed in phases, the board
may accept dedication of public improvements within a fully completed
phase of the development.
(2)
Prior to acceptance of any such dedication, the Board shall require that the developer, at his expense, deliver to the Township a title insurance report issued by a reputable title insurance company which verifies and represents that the proposed elements to be dedicated are free and clear of all liens and encumbrances of any kind. The Board may require the developer to insure, at the developer's expense, the Township's title to the property and improvements proposed for dedication to the Township, unless otherwise waived by the Township Solicitor. Such dedication shall be made and accepted only by deeds and agreements approved as to form and content by the Township Solicitor, subject to the Board's approval. Each proposed deed of dedication shall be accompanied by all required public filing fees, and no dedication shall be accepted until approved by resolution of the Board duly adopted at a public meeting. The as-built plan required by § 175-46 of this chapter shall be filed of record with the Township Secretary as a condition precedent to the Board's acceptance of any such deed of dedication.
C.
Maintenance security. Where the Board accepts dedication of all or some of the required improvements following their completion and approval by the Board, the Board shall require the posting of financial security to secure structural integrity and functioning of those improvements in accordance with the design and specifications as depicted on the approved final plan and in the supplementary data and documents approved as a part thereof for a term of 18 months from the date of the Board's acceptance of dedication. This financial security shall be of the same type as otherwise required in § 175-43 for the installation, construction and completion of such improvements, and the amount of the required financial security shall equal 15% of the actual costs of the installation of those improvements as finally calculated.
D.
Irrevocable offers of dedication. Whenever a developer
proposes to establish or continue a street which is not offered for
dedication or not required to be offered for dedication, prior to
the release of the final plan for recording the Board may require
the developer to enter into an agreement with the Township establishing
the conditions under which the street may later be offered to the
Township for dedication. Such agreement shall at a minimum contain
the following provisions as approved by the Township Solicitor, shall
be in form suitable for recording in the office of the Recorder of
Deeds, and shall be binding upon the developer and his heirs, successors,
administrators and assigns:
(1)
An irrevocable offer to dedicate the street or other
public improvement shall be made only for the street or other improvement
as a whole.
(2)
The street or other improvement shall comply with
all minimum specifications required by this chapter and shall require
that the owners of the lots along the street or otherwise affected
by the improvement agree to include with the offer of dedication sufficient
financial security, as estimated by the Township Engineer, to improve
the street or other improvement to Township specifications and, thereafter,
to maintain the street or other improvement for a period of 18 months
from the date of such dedication.
(3)
The method of assessing such repair and maintenance
costs among the various owners along the street shall be stipulated
in the offer of dedication.
(4)
A copy of the developer's agreement offering future
dedication shall be and become a part of each deed with respect to
each lot sold by the developer along the proposed street or affected
by the improvement which may subsequently be offered for dedication,
binding the owners of said lots to the terms of the agreement. The
existence of this agreement shall appear on the face of the final
plan, as approved and recorded.
A.
Declaration of covenants. The final plan shall be
accompanied by the declaration of covenants, easements and restrictions
to which the subdivision or land development will be subject, together
with the bylaws of any legal entity or organization by which such
entity or organization will be governed.
B.
Ownership of common facilities. The following methods
may be used to preserve, own and maintain common open space, community
recreation facilities, community sewage facilities, central water
supply facilities, stormwater management facilities, common parking
areas and driveways, private streets or any other common or community
facilities or amenities, hereinafter referred to as "common facilities":
condominium association, homeowners' association, dedication in fee
simple, easements and transfer to a private conservation organization.
The following specific requirements are associated with each of the
various methods:
(1)
Homeowners' association. The common facilities may
be held in common ownership by a homeowners' association. If a homeowners'
association is formed, it shall be governed according to the following
regulations:
(a)
The developer shall provide to the Township
a description of the association. The declaration of covenants shall
comply with the requirements of the Pennsylvania Planned Community
Act[1] and shall unequivocally specify all regulations governing
maintenance requirements and use restrictions for common facilities.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101
et seq.
(b)
The association shall be legally established
or incorporated by the developer and shall be operating with adequate
financial subsidization by the developer before the sale of any buildings
or dwelling units in the development. Financial adequacy shall be
subject to the Board's approval based upon objective standards related
to the individual development and its needs.
(c)
Membership in the association shall be mandatory
for all purchasers and subsequent owners of lots, buildings or dwelling
units.
(d)
The association shall be responsible to continuously
maintain the common facilities. Maintenance shall include replacement
as and when necessary to keep the facilities functionally operational
in accordance with their design and purpose.
(e)
The members of the association shall share equitably
the costs of maintaining, replacing when necessary, insuring and operating
common facilities. The association shall at all times maintain adequate
insurance, including but not necessarily limited to general liability
insurance on all common open space and common facilities.
(f)
In the event of any proposed transfer of common
facilities by the homeowners' association to or the assumption of
their maintenance by the Township as hereinafter provided, notice
of such action shall be given to all members of the homeowners' association
by said association.
(g)
The association shall have or hire adequate
personnel, as necessary, to administer, maintain and operate all common
facilities.
(2)
Condominium association. Where the development is
proposed to be developed and owned as a condominium, the common facilities
shall be controlled through the use of condominium agreements as are
in conformance with the Pennsylvania Uniform Condominium Act.[2] All of the common facilities shall be held as common elements.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
(3)
Transfer of easements to a conservation organization.
With the prior written approval of the Board, the developer may transfer
easements on common open space lands and facilities located thereon
to an established nonprofit organization, such as the Brandywine Conservancy,
the Natural Lands Trust and similar conservancy organizations, among
whose purposes is the conservation of open space land and/or natural
resources, provided that:
(a)
The organization is acceptable to the Township
and is a bona fide conservation organization with perpetual existence;
(b)
The conveyance contains appropriate provisions
for proper reverter or retransfer to a similar organization or with
the Township's approval, the Township, in the event that the organization
becomes unwilling or unable to continue carrying out its functions;
and
(c)
A maintenance arrangement acceptable to the
Township is established between the developer and such organization
guaranteeing the perpetual maintenance and upkeep of the common open
space.
(4)
Fee simple dedication. The Township or another governmental
agency acceptable to the Township may, but shall not be required to,
accept dedication of any portion or portions of the common facilities,
provided that:
(a)
All common facilities so dedicated are accessible
to the residents of the Township;
(b)
There is no cost of acquisition to the Township;
and
(c)
The Township is given an adequate and permanent
easement, acceptable to the Township, over which it may access the
common facilities for purposes of maintenance and upkeep and public
access.
(5)
Dedication of easements. The Township may in its sole
discretion accept the dedication of permanent easements for public
use of any portion or portions of common facilities, title to which
is intended and shall remain in the ownership of a condominium association
or homeowners' association, provided that:
(a)
Any common facilities so dedicated shall be
accessible to all residents of the Township;
(b)
There shall be no acquisition or other costs
to the Township associated with any such proposed dedication or transfer;
and
(c)
A satisfactory maintenance agreement is reached
between the grantor of the easement and the Township.
C.
Maintenance and operation of common facilities.
(1)
Common facilities capital account. Each preliminary
plan application shall be accompanied by a narrative description of
the maintenance and operation of common facilities which shall define
ownership; establish necessary regular and periodic operation and
maintenance responsibilities; estimate staffing needs, insurance requirements
and associated costs; and define the means for funding such facilities
on an ongoing basis. Upon approval of and as a condition of the final
plan, the Board may require the establishment of an escrow fund by
the developer, under the control of the Board and the homeowners'
association or other entity formed to own and maintain common facilities,
to guarantee that sufficient capital is initially provided and is
available at all times for their maintenance, upkeep and replacement.
The amount of such fund shall be determined by the Board upon recommendations
of the Township Engineer based upon the size and extent of such common
facilities and may be funded as individual lots or buildings are initially
sold by the developer. Funds so established shall be segregated in
a separate account in the name of the Township and such association,
and no funds shall be released from such account without the written
authorization of the Board.
(2)
Township's right to cure defaults in common facilities
maintenance. In the event that the organization established to own
and maintain the common facilities or any successor organization shall
at any time after its establishment fail to maintain, repair or replace
all or any portion of them, the Township may serve written notice
upon such organization describing the deficiencies with respect to
the common facilities, and said notice shall include a demand that
such deficiencies of maintenance, repair or replacement be cured within
30 days thereof and shall state the date and place of hearing thereon,
which shall be held within 14 days of the notice. At such hearing,
the Township may modify the terms of the original notice as to the
deficiencies and may give an extension of time within which said deficiencies
shall be corrected. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be corrected within
said 30 days or any extension thereof, the Township, in order to preserve
the taxable values of the development lots and improvements and to
prevent the common facilities from becoming a public nuisance, may
enter upon the premises on which the common facilities are located
and maintain them for a period of one year. Said entry and maintenance
shall not constitute a taking of the common facilities except when
they are voluntarily dedicated to the public by the residents and
owners and such dedication is acceptable to the Township. Before the
expiration of said year, the Township shall, upon its initiative or
upon the request of the organization theretofore responsible for the
maintenance of the common facilities, call a public hearing upon notice
to said organization or to the residents and owners of the dwelling
units attendant thereto, at which hearing such organization or the
residents and owners of the aforesaid dwelling units shall show cause
why such maintenance by the Township shall not, at the election of
the Township, continue for a succeeding year. If the Township shall
determine that such organization is ready and able to maintain said
common facilities in a reasonable condition, the Township shall cease
to maintain said common facilities. If such organization is not ready
and able to maintain the common facilities in a reasonable condition,
the Township may, in its discretion, continue to maintain them during
the next succeeding year and, subject to a similar hearing and determination,
in the year thereafter. The decision of the Township in any such case
shall constitute a final administrative decision subject to judicial
review.
(3)
Township's right to lien benefited lots. The cost
of such maintenance, repair and replacement and the administrative
and legal costs of the enforcement proceedings by the Township shall
be assessed ratably, in accordance with tax assessments, against all
lots within the development that have the right of enjoyment of or
the benefits associated with the common facilities and shall become
a lien on each of the said lots. The Township, at the time of entering
upon such common facilities for the purpose of maintenance, and from
time to time thereafter as Township funds are expended, shall file
a lien in the office of the Prothonotary of Chester County upon those
properties to recover all such costs and expenses. The Township shall
also have the right to recover such costs from the individual lot
owners by filing such actions at law or in equity as the Township
shall determine appropriate. All of the Township's remedies shall
be cumulative.
A.
Filing and content. Upon the completion of a subdivision
or land development, contemporaneously with the filing by the developer
of the required maintenance agreement and maintenance escrow, but
in no event later than 90 days from substantial completion of the
development, the developer shall file of record in triplicate with
the Township an as-built plan and profile sheets, which shall be drawn
at the same scale and conform to the requirements of the final plan.
The plan shall be clearly labeled "As-Built Plan," bear a professional
surveyor seal (Pennsylvania Registration), North arrow, scale, date
prepared, name, address and telephone number, and shall indicate the
actual location, dimensions and elevations of all completed improvements,
including but not limited to:
(1)
All property lines, including distance, bearings,
curve data and right-of-way lines.
(2)
All concrete monuments, iron pins and/or other markers
and all building setback lines with dimensions.
(3)
All roads, streets or highways, showing cartways with
dimensions, curbs, curb depressions, sidewalks, street signs and streetlights.
(4)
All sanitary sewer mains, manholes and laterals with
elevations, or seepage beds.
(5)
All storm sewers, mains, manholes, inlets, culverts,
end walls, and any other stormwater control structures.
(6)
All waterlines and fire hydrants including shutoff
valves, or well locations.
(7)
All underground utilities including, but not limited
to, electrical lines and gas lines.
(8)
All permanent sedimentation control and stormwater
management systems including, but not limited to, basins, traps and/or
swales.
(9)
All on-lot topography including footprints of all
structures, tie-down dimensions from all foot prints to property lines,
grading contours with elevations, driveways with spot elevations and
percent of grade. All steps, sidewalks, porches, decks and patios.
NOTE: First floor elevations are required for all habitable structures.
Outset distances between structures shall be shown.
(10)
A breakdown of the impervious surface (house,
sidewalks, patios, driveway and deck, etc.) included as allowable
as per approved plans.
(11)
All permanent landscaping berms with planting
locations and planting material.
(12)
All easements of any nature indicating width
and type of easement.
B.
Plan certification. Such plan shall be certified by
the engineer who prepared the final plan or the project engineer to
be in accordance with the actual details of construction and in substantial
compliance with the approved and recorded final plan. Any variations
shall be noted on the face of the as-built plan.
