[1]
Editor’s Note: This article was retitled from "Required
Improvements; Community Sewage and Water Systems” to "Required
Improvements; Community Water Systems” 7-12-2016 by Ord. No.
02-2016.
The applicant shall construct all streets, together
with all other improvements, including grading, paving, curbs, gutters,
sidewalks, street lights, fire hydrants, water mains, street signs,
shade trees, storm drainage facilities, sanitary sewers, landscaping,
traffic control devices, open space and restricted areas, and erosion
and sediment control measures in conformance with the final plan as
approved, the applicable provisions of the PennDOT Specifications,
Form 408, dated 1983, or the latest revision thereto, and other applicable
regulations.
A.
The construction or installation of all improvements
shall at all times be subject to inspection by the Township Engineer
or his designate. If such inspection reveals that work is not in accordance
with approved plans and specifications, that construction is not being
done in a workmanlike manner, or that erosion or sediment controls
are failing to prevent accelerated erosion or waterborne sediment
from leaving the site of construction, the Township is empowered to
require corrections to be made and/or the suspension of subdivision
approval, and to issue a cease-and-desist order which may include
any or all of the following sanctions:
B.
The said cease-and-desist order shall be terminated
upon determination by the Township that the said defects or deviations
from plan requirements have been corrected.
C.
No underground pipes, structures, subgrades, or base course shall be covered until inspected and approved by the Township. A minimum of seven inspections by the Township Engineer or his designate shall be required. These inspections shall be effected in accordance with § 130-66A, above, and shall occur at the following intervals and/or as unknown existing subsurface conditions are uncovered:
(1)
Upon completion of rough grading, but prior to placing
topsoil, installing permanent drainage or other site improvements,
or establishing covers. Where unsuitable conditions not previously
known are uncovered which may affect the integrity of the facility,
a remedial plan must be prepared prior to any further work.
(2)
Upon excavation and completion of subgrade.
(3)
Upon excavation, installation, and completion of drainage
structures, community sewage systems, or water supply systems.
(4)
Before placing stone base course, or before initial
layer of screenings.
(5)
Before binder course.
(6)
Before wearing course.
(7)
Final inspection.
D.
The developer shall notify the Township Engineer or
his designate at least 24 hours in advance of completion of any construction
operations requiring an inspection.
A.
When the developer has completed all of the necessary
and appropriate improvements, he shall notify the Board, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the Township Engineer.
The Board shall, within 10 days after receipt of such notice, direct
and authorize the Township Engineer or his designate to inspect all
of the aforesaid improvements. The Township Engineer shall, thereupon,
file a report, in writing, with the Board, and shall promptly mail
a copy of the same to the developer by certified mail. The report
shall be made and mailed within 30 days after receipt by the Township
Engineer of the aforesaid authorization from the Board; said report
shall be detailed and shall indicate approval or rejection of said
improvements, either in whole or in part. If said improvements, or
any portion thereof, shall not be approved or shall be rejected by
the Township Engineer, said report shall contain a statement of reasons
for such nonapproval or rejection.
B.
Approval of improvements shall not be given until
all construction debris has been removed from the site; no such debris
shall be buried, burned, or otherwise disposed of on the site.
C.
The Board shall notify the developer, within 15 days
of receipt of the Township Engineer's report, in writing, by certified
mail of the action of the Board with regard to approval, nonapproval,
or rejection of improvements.
D.
If any portion of the said improvements shall not
be approved or shall be rejected by the Board, the developer shall
proceed to complete those improvements and, upon completion, the same
procedure of notification as outlined herein shall be followed.
E.
The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Township. In addition, 10% of the performance guarantee shall be held back by the Township until the developer has posted a maintenance guarantee as provided for in § 130-70 and until as-built plans are verified and accepted by the Township.
[Amended 7-12-2016 by Ord. No. 02-2016]
Within 30 days after completion and Township
approval of subdivision or land development improvements as shown
on final plans, and before Township acceptance of any such improvements,
the developer shall submit to the Board of Supervisors a corrected
copy of said plans showing actual dimensions and conditions of streets
and all other improvements, certified by a professional engineer to
be in accordance with actual construction.
A.
Upon completion of any public improvements shown on
an approved final plan and within 90 days after approval of such public
improvements as herein provided, the developer shall submit written
offer of such public improvements for dedication to the Township.
Said offer shall include a deed of dedication covering said public
improvements together with satisfactory proof establishing the developer's
clear title to said property. Such documents are to be filed with
the Township Secretary for review by the Township Solicitor. Deeds
of dedication for public improvements may be accepted by resolution
of the Board at a regular meeting thereof. The Board may require that
at least 75% of the lots in any approved subdivision or land development
(or phase thereof, if final plan approval has been in phases) have
certificates of occupancy issued for buildings thereon prior to acceptance
of dedication. Should the streets, even though constructed according
to the specifications of this chapter, deteriorate before the said
75% of the lots have certificates of occupancy issued, such streets
shall be repaired, in a manner as described immediately below, before
being accepted by the Township.
B.
Where it appears that the 75% occupancy rate will
be extended more than a twelve-month period, the developer may delay
placing the final wearing course until the 75% rate is attained. The
developer will be responsible for all maintenance and repair of the
roadway which will include, but not necessarily be limited to, pothole
repair, cleaning, snow plowing, cindering, mowing, drainage maintenance,
and removal of debris, in a manner acceptable to the Board. For certain
maintenance functions such as snow plowing and cindering, the Board
will require an escrow fund and maintenance agreement in order to
assure the occupants of the undedicated street that it will be opened
on a timely basis for emergency vehicles and general usage after a
snowfall, during icing conditions, or any other form of blockage or
emergency.
C.
The Board may require that certain subdivision and
land development improvements remain undedicated, with maintenance
the responsibility of individual lot owners, a homeowners' association
or similar entity, or an organization capable of carrying out maintenance
responsibilities.
D.
[1]Upon final inspection and approval by the Township of any
sanitary sewage system, including community sewage systems and independent
sewage treatment plants, said system shall be offered for dedication
to the Township in its entirety, including collection lines, laterals,
and rights-of-way and easements for said system, without charge to
the Township. The Township, at its option, may accept dedication of
the system but shall not be required to do so at any given time.
[1]
Editor’s Note: Former Subsection D, providing that all
extensions to the Township sanitary sewer system be owned and operated
by the Township, was repealed 7-12-2016 by Ord. No. 02-2016. This
ordinance also redesignated former Subsection E as Subsection D.
A.
Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guarantee, as described in § 130-19 hereof, shall be for the term of 18 months from the date of the acceptance of dedication, and shall be in an amount equal to 15% of the actual costs of installation of the improvements so dedicated.
B.
Where maintenance of stormwater management facilities,
private streets, trails, or other improvements is to be the responsibility
of individual lot owners, a homeowners' association or similar entity,
or an organization capable of carrying out maintenance responsibilities,
the Board shall require that maintenance responsibilities be set forth
in recorded perpetual covenants or deed restrictions binding on the
landowners' successors in interest, and may further require that an
initial maintenance fund be established in a reasonable amount.
[Amended 9-25-2006 by Ord. No. 1-06]
[Amended 7-12-2016 by Ord. No. 02-2016]
A.
In the event that a community water system will not
be accepted for dedication by a private, approved company, a homeowners’
association consisting of the residents of the community or development
served by the community system shall be formed by the applicant and
placed into operation to take ownership of and be responsible for
the operation of said community system. The organization of such a
homeowners’ association shall be subject to the review and approval
of the Township, but at a minimum shall provide for:
(1)
Continuing operation of all facilities related to
the water system, including water mains, valves, hydrants, and service
connections, and to continue to operate and maintain in good order
such facilities, making such replacements as are required, and providing
potable water.
(2)
The establishment of an operating budget to provide
sufficient funds for the proper operation of the community systems,
including the accumulation of funds necessary to provide for replacement
of portions of the systems on a schedule to be determined by the applicant
or the homeowners' association and approved by the Township.
(3)
The collection of such fees and other charges as are
appropriate and sufficient to maintain the community systems and to
provide for the replacement of the various elements of the water supply
and distribution system that may be required. The homeowners’
association, in its formulation, shall be given the right to lien
properties to collect the appropriate fees.
(4)
The inspection and proper operation of the facilities
and the submission of required reports to the Township and to the
Pennsylvania Department of Environmental Protection.
B.
In the event that an independent sewage treatment
plant is not to be accepted and operated by the Township, the name
of the person, partnership, corporation or other entity designated
to own and operate the facility shall be submitted to and approved
by Londonderry Township. This submission shall include the name of
the person or persons responsible for overseeing the daily operation
of the sewage treatment plant as well as the responsible person within
the owning organization. This report of names shall be updated annually.
A.
Before completion and dedication of a community water
system by the developer or applicant to the Township, to a private,
approved company, or to a homeowners’ association, as applicable
and permitted by this chapter, the applicant shall deliver to the
Township a maintenance, operating, and inspection plan which will
consist of and include the following:
[Amended 7-12-2016 by Ord. No. 02-2016]
(1)
An as-built plan of all facilities constructed, including
water supply and distribution lines and elements of the system designed
to provide for monitoring of the operation. Such a plan shall include
the physical parts involved and a description of their function and
operation, including copies of the operating manuals.
(2)
A list of all reports required by the Pennsylvania
Department of Environmental Protection, including a description of
the report and a copy of the reporting form and a listing of the frequency
of submission of the reports required. Upon review of this information,
the Township may require the submission of such additional reports
as are deemed necessary to assure the proper operation and functioning
of the system.
(3)
A recommended schedule of inspections and duties required
by a qualified operator, including a description of the purpose and
extent of frequency of such inspections and duties. In preparing such
a schedule, care should be exercised in defining the scope of duties
of the operator to provide that the system is adequately checked to
determine its proper operation and that such duties are performed
as are required for the regular maintenance of all equipment and other
elements of the system.
(4)
A recommended budget for the operation and maintenance
of the system, including a schedule of replacement of the various
elements of the system, their estimated cost, and the amounts of money
to be set aside in each operating year to provide for replacement.
B.
Operators shall be licensed by the Commonwealth of
Pennsylvania as an operator of the class required to operate a treatment
plant of equivalent complexity.
[Amended 7-12-2016 by Ord. No. 02-2016]
Where a community water system is owned and
operated by a private, approved company or a homeowners’ association,
as applicable and permitted by this chapter, the Township shall have
the right to conduct such regular and recurring inspections as may
be required to assure that the system is being properly operated and
maintained. The scope of such inspections shall be established for
such system depending upon the type and complexity of the proposed
system, and shall be consistent with the terms of this chapter. For
this purpose, the Township shall appoint an inspector, which inspector
may be a person or company or firm skilled and, where appropriate,
licensed in the construction and operation of water systems. The cost
of such inspection shall be borne by the party owning and operating
the system.
The homeowners' association owning and operating
a community system shall, upon formulation of its annual budget, submit
a copy of such budget to the Secretary of the Township for approval
by the Board of Supervisors. The budget shall include, among other
things:
A.
The anticipated fees per household, or other connection,
to be collected by the homeowners' association.
B.
The total income anticipated.
C.
A breakdown of estimated operating and maintenance
costs.
D.
The addition to, payment anticipated from, and balances
in accounts set aside for replacement of various elements of the sewage
collection and treatment system or water supply and distribution facilities.
[Amended 7-12-2016 by Ord. No. 02-2016]
The Township may accept any community water
system at any time that the Board deems it to be in the public interest
to do so, in which case the operation and maintenance responsibilities
of the owners shall cease. In such a case, the Township will establish
an independent water district and establish rates sufficient to provide
for all of the operating, maintenance, and replacement requirements
of the system. The collection of said rates shall be in accordance
with the terms of ordinances to be adopted.
