A.
Roads, streets and other improvements.
(1)
The applicant shall construct and be responsible for
(at no cost to the Township) all roads, streets, lanes or alleys, together
with all other improvements, including grading, paving, curbs, gutters, sidewalks,
streetlights, fire hydrants, water mains, street signs, shade trees, storm
drainage facilities, sanitary sewers, landscaping, traffic control devices,
open space and recreation areas, and erosion and sediment control measures
in conformance with the final plan as approved.
(2)
The subdivider, developer or builder shall construct
streets and other improvements for the lots or lots to be sold or built upon
subject to the provisions of this chapter. The work shall be performed in
strict accordance with approved plans and Township standards and specifications,
or the applicable provisions of Pennsylvania Department of Highways Specifications
408, latest edition, or any subsequent number or section thereof.
B.
No final plan shall be signed or approved for recording until the developer has completed all required improvements or has provided a performance guaranty in accordance with § 169-19 hereof.
C.
Inspections.
(1)
The construction or installation of all improvements
shall at all times be subject to inspections by the Township Engineer and/or
representatives of the Township. 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 and sediment controls
are failing to prevent accelerated erosion or waterborne sediment from leaving
the site of construction, the Township Engineer or representative is empowered
to require corrections to be made and/or order the suspension of subdivision
approval and a cease-and-desist order, which may include any or all of the
following sanctions:
(2)
Any cease-and-desist order may be terminated upon the
determination of Township Supervisors that the said defects or deviations
from plan requirements have been corrected.
D.
The developer shall provide 24 hours' advance notification
to the Township Engineer and all inspection agencies (PennDOT, DER, etc.),
including the Board of Supervisors, for its schedule of anticipated road or
other improvement construction schedule to facilitate inspections.
E.
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 therefor can be reasonably anticipated,
before streets are paved. The arrangements for said service connections or
laterals shall be the responsibility of the subdivider, developer or builder.
A.
When the developer has completed all of the necessary
and appropriate improvements, the developer 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 Township Engineer
shall inspect all of the aforesaid improvements and shall, within 30 days,
file a report, in writing, with the Board and shall promptly mail a copy of
the same to the developer by certified or registered mail. 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 hot be approved or shall be rejected by the Township Engineer, said
report shall contain a statement of reasons for such nonapproval or rejection.
B.
The Board shall notify the developer, in writing, by
certified or registered mail of the action of the Board with relation to approval,
nonapproval or rejection of improvements.
C.
If any portion of the said improvements shall not be
approved or shall be rejected by the Board, the developer shall proceed to
complete the same, and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
D.
The developer shall be responsible for maintenance of
all public improvements until such improvements are offered for dedication
and are accepted by the Township.
E.
In the event that any improvements which may be required
have not been installed as provided in this chapter or in accordance with
the approved final plan, the Board of Supervisors has the power to 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 installing or making repairs or corrections to all improvements covered
by said security, the Board may, at is option, install all or part of the
remainder of such improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover any moneys
spent in the installation thereof and any additional moneys necessary to complete
the remainder of the improvements. All 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 purpose.
F.
Nothing herein, however, shall be construed in limitation
of the developer's right to question or contest, by legal proceedings,
any determination of the Board.
A.
Upon completion of any public improvements shown on an
approved final subdivision plan, the Board may require that a developer offer
such public improvements for dedication. In such a case, the developer shall
prepare a deed of dedication and forward same to the Secretary of the Township
for review by the Solicitor. Deeds of dedication for public improvements may
be accepted by resolution of the Board at a regular meeting thereof. No roads
or streets in any approved subdivision or development will be accepted as
the responsibility of the Township until such time as 50% of the lots in any
approved subdivision or development have dwellings or other principal buildings
erected thereon. Should the above-mentioned road or streets, even though constructed
according to these specifications, deteriorate before the necessary 50% of
the lots have buildings erected thereon, such roads or streets shall be repaired
in a manner acceptable to the Board before being accepted by the Township.
B.
The Board may require that stormwater retention basins
or similar facilities remain in private ownership, with the maintenance responsibility
placed on individual lot owners, a homeowners' association or similar
entity, or an organization capable of carrying out such maintenance responsibilities.
C.
Where maintenance of stormwater retention facilities
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 may require that an initial escrow maintenance
fund be established in a reasonable amount, and/or that maintenance responsibilities
be set forth in perpetual covenants or deed restrictions binding on the landowner's
successors in interest.
D.
Where the Board of Supervisors accepts dedication of all or some of the required improvements described in §§ 169-18, 169-19 and 169-49, following completion, the landowner shall post with the Township Secretary financial security of the same type as required for performance guaranties in § 169-19 to secure structural integrity of the improvements as well as their functioning in accordance with the design and specifications as depicted on the final plan approval. The term of this maintenance guaranty shall be 18 months from the date of acceptance of dedication by the Board, and the amount thereof shall be equal to 15% of the actual cost of installation of those improvements; provided, however, that if sanitary sewer lines, along with the apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of the Skippack Township Authority separate and distinct from the Township, the financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of such Authority and shall not be included with the financial security as otherwise required by § 169-19.
A.
Conditions; streets or other improvements. The Township
shall have no obligation to take over and make public any street or other
improvement unless:
(1)
All required improvements, including paving, utility
mains and laterals, and monuments, shown on an approved plan or plans, have
been constructed to all Township standards.
(2)
It is established to the satisfaction of the Board of
Supervisors that there is a need for the improvements to be taken over and
made public, and such streets and/or improvements are favorable to the health,
safety, morals and general welfare of the citizens.
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 Board of Supervisors.
