A.
Prior to the issuance of an earth disturbance permit,
the Township Engineer may require the applicant to deposit with the
Township financial security in an amount sufficient to cover the cost
of grading, storm sewers, drainage and erosion control improvements,
including but not limited to stormwater detention and/or retention
basins and other stormwater management facilities.
B.
The amount of financial security shall be equal to
110% of the cost of the approved grading and improvements plus reasonable
inspection and legal fees, not to exceed 5% of the cost of the approved
grading and improvements.
C.
The cost of the grading and improvements shall be
established by submission to the Township Engineer of a bona fide
bid or bids from the contractor or contractors chosen by the applicant
to complete the grading and improvements or, in the absence of such
bona fide bids, the cost shall be established by the Township Engineer.
D.
If the developer requires more than one year from
the date of the posting of the financial security to complete the
required improvements, the amount of financial security shall 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 procedure.
E.
As the work of grading and installation of improvements
proceeds, the developer may request the Township Engineer to release,
from time to time, such portions of the financial security necessary
for payment to the contractors performing the work. Any such request
shall be in writing and addressed to the Township Engineer. The Township
Engineer shall have 45 days from receipt of such request to certify,
in writing, that such portion of the work upon the grading or improvements
has been completed in accordance with the approved plans.
F.
Upon such certification, the Township Engineer 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 improvements completed.
G.
The Township Engineer may, prior to final release
at the time of completion and certification by the Township Engineer,
require retention of 10% of the estimated costs of the aforesaid improvements.
The Township Engineer, in certifying the completion of work for a
partial release, shall not be bound to the amount requested by the
developer but shall certify his independent evaluation of the proper
amount of partial release.
H.
Where the Township accepts dedication of all or some
of the required improvements following completion, whether such dedication
is of the fee or of an easement, the developer shall post 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 approved plan. The financial
security shall be for a term of 18 months from the date of the acceptance
of dedication and shall be in an amount equal to 15% of the actual
cost of installation of the improvements dedicated.
A.
No person shall engage in earthmoving or construction
of stormwater management facilities sufficiently close to the property
line to endanger any adjoining street, sidewalk, alley or other public
or private property without supporting and protecting such street
sidewalk, alley or other public or private property from settling,
cracking, erosion or other damage which might result from such earthmoving
or construction of stormwater management facilities.
B.
If, in the opinion of the Township Engineer, the nature
of the earthmoving or construction of stormwater management facilities
is such as to create a hazard to life or property unless adequately
safeguarded, the applicant shall construct such walls, fences, guardrails,
erosion control devices or other structures to safeguard the street,
sidewalk, alley or other public or private property and persons using
such, as the Township Engineer may require.
A.
The Township Engineer shall determine whether any
of the proposed earthmoving or construction of stormwater management
facilities may create a hazard to human life or adjoining properties,
streets, street improvements, sidewalks or any other public property,
including the erosion of materials onto the same.
B.
If, in the opinion of the Township Engineer, the work
may create such a hazard, he may require the applicant to file a certificate
of insurance before the issuance of an earth disturbance permit. Such
insurance shall be in an amount of not less than $25,000 per occurrence
against claims for damages for personal injury and property damage
which may arise from the performance of work covered by the earth
disturbance permit. The amount of such insurance shall be prescribed
by the Township based upon the risks involved, and the insurance shall
be by a company licensed to do business in Pennsylvania.
C.
Neither the issuance of an earth disturbance permit
nor compliance with such permit shall relieve any person from any
responsibility for damage to persons or property otherwise imposed
by law, nor shall it impose any liability upon the Township for damages
to persons or property.
A.
Unless and until the permitted earth disturbance activity
and stormwater management facilities have been completed and are accepted
by the Township or other legal entity approved by the Township, the
maintenance of said stormwater management facilities shall be the
responsibility of the applicant.
B.
Maintenance of all stormwater management facilities
and watercourses affected by any development shall be the responsibility
of the applicant to the point of open discharge from the site.
C.
Whenever sedimentation is caused by an earth disturbance
activity, it shall be the responsibility of the person causing such
sedimentation to remove it from all affected surfaces, drainage systems
and watercourses on- and off-site and to repair any damage at his
expense as quickly as possible following a storm event.
D.
Persons doing any earth disturbance on or across a
watercourse, swale, floodplain or right-of-way shall return such areas
to their original or equal condition after such activity is completed.
E.
No person shall block, impede the flow of, alter,
construct any structure, deposit any material or thing or perform
any work which will affect normal or flood flow in any communal watercourse
without having obtained prior approval from the Township and/or Pennsylvania
Department of Environmental Protection, whichever is applicable.
F.
Upon the issuance of an approved earth disturbance
permit, unless maintenance responsibilities lie with the Township
or a legal entity approved by the Township, the owner of any property
on which an excavation or fill has been made shall maintain in good
condition and repair all retaining walls, cribbing, drainage structures,
fences, landscaping and any other protective devices.
A.
Where the Township Engineer has required the applicant to deposit financial security with the Township pursuant to § 172-29, the Township shall require the submission of an improvements agreement and deposit agreement.
B.
Where the Township will be accepting dedication of
stormwater management facilities or is a party to an easement, the
Township shall require the submission of a deed of dedication or easement.
Title thereto shall be clear title and be such as will be insurable
by a reputable title insurance company of Pennsylvania at regular
rates; all costs in connection therewith are to be borne by the applicant.
C.
Where the maintenance of stormwater management facilities
will be the responsibility of a person, the Township shall require
the submission of a maintenance agreement in the form of a perpetual
covenant or deed restriction.
D.
Said improvements agreement, deposit agreement, deed
of dedication or easement or maintenance agreement shall be in conformance
with the approved earth disturbance permit and written in a manner
and form approved by the Solicitor.
E.
Said improvements agreement, deposit agreement, deed
of dedication or easement or maintenance agreement shall be recorded
by the applicant in the Office of the Recorder of Deeds of Montgomery
County, and the Township Engineer shall be notified of the date of
such recording and the book and page wherein such improvements agreement,
deposit agreement, deed of dedication or easement or maintenance agreement
is recorded prior to the initiation of any earth disturbance sanctioned
by the earth disturbance permit.
