Township of East Goshen, PA Administration

Applicants for subdivision or land development approval shall pay a filing fee to cover the administrative cost for the Township's review of plans and a fee to be placed in escrow to cover the Township's professional consultants' costs relating to the review of the application and any supporting documents and materials, and report to the Township on the same. The term "professional consultants" shall include any persons who provide expert or professional advice, including but not limited to architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners. The Board of Supervisors shall by resolution establish the filing fee and the amount to be escrowed.

The escrowed money shall be placed in an account held by the Township, and monies shall be disbursed from this account to pay the actual costs of the professional consultants. The Township shall provide the applicant with a breakdown of all monies disbursed from the account. If the account balance goes below an amount specified by the Board of Supervisors the applicant shall deposit additional monies sufficient to bring the account balance back up to the original amount within 30 days of notification. Upon approval or denial of the land development or subdivision application and payment of the final invoices from the professional consultants the balance of funds in the account shall be returned to the applicant.

Applicants who receive subdivision and land development approval shall, if applicable, reimburse the Township for the costs incurred by the Township for the inspection of improvement depicted on the approved plan. The applicant shall be billed by the Township on a monthly basis for such inspections, and the applicant shall pay the amount due within 30 days of such billing.

When the 30th day from the date of billing for the Township's professional consultants' review and inspection costs falls on either a weekend or a holiday on which the Township building is closed, payments that are received before the close of business the next business day immediately following the 30th day shall be deemed to be paid on time and no interest shall be applied. If the fee is not paid within 30 days of the date of billing, the Township shall charge and be entitled to collect interest equal to 3/4 of 1% of the unpaid balance per month, or fraction thereof, until paid.

§ 205-16 Subdivision and land development agreement and performance bond.

The applicant shall execute an agreement, to be approved by the Township, before the final plan is released by the Board of Supervisors and recorded. Said agreement shall be on a form provided by the Township and shall specify, but not be limited to, the following where applicable:

The applicant agrees that he will lay out and construct all streets and other improvements, including but not limited to grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, stormwater management structures, landscaping, traffic control devices, open space areas and erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval.

The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in this section and § 205-21. The applicant shall not be required to provide financial security for the cost of any improvements for which financial security is required by and provided to the Commonwealth of Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."

[Amended 7-16-2002 by Ord. No. 129-N-02]

The applicant agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements.

The applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including but not limited to streets, walkways, curbs, gutters, streetlights, shade trees, stormwater detention and/or retention facilities, open space improvements, buffer or screen planting and, except as provided for in Subsection K hereof, water mains, water supply facilities and fire hydrants.

Financial security required herein shall be in the form of a federal or commonwealth chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company or such other type of financial security which the Township may, in its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security, provided that said bonding company or lending institution is authorized to conduct business within the commonwealth and stipulates that it will submit to Pennsylvania jurisdiction and Chester County venue in the event of legal action.

If a letter of credit is utilized, it shall contain the following language: "liability under this letter of credit may be terminated at any time by the issuer giving the Township, in writing (certified mail/return receipt requested), 60 days' prior notice of its intention to terminate. After receipt of such notice, the Township, during such 60 days, may request and receive the entire remaining balance held under this letter of credit without the joinder, permission or approval of any other party.

If the applicant requests an extension of the letter of credit, such request shall be made, in writing, not less than 60 days before the expiration date of the existing letter of credit. Such written request must be by certified mail (return receipt requested). The Township may then automatically extend (without amendment) the letter of credit for additional specified periods of time. If then, the issuer elects not to renew this letter of credit, the Township shall have the right to demand and receive the full remaining balance at any time on or before such expiration date.

Said financial security shall provide for, and secure to the Township, the completion of all improvements for which such security is being posted within one year of the date fixed in the subdivision plan and subdivision agreement for completion of such improvements. In the event that the applicant does not complete the required improvements within a one-year period, the Township shall have the right to withdraw the required funds to complete the improvements.

The amount of financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted. The cost of the improvements shall be established by submission to the Board of Supervisors of a bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements. In the absence of such bona fide bids, the cost shall be established by an estimate prepared by the Township 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 shall be increased to an amount equal to 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.

In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stage of development, subject to such requirements or guaranties as it finds essential for the protection of any finally approved section of the development and consistent with the terms of the Pennsylvania Municipal Planning Code (Act 257), as amended.

If water mains, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility and shall not be included within the financial security as otherwise required by this section. A copy of this agreement shall be filed with the Township.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize to be released 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 Board of Supervisors, and the Board shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount estimated by the Township Engineer as fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board his independent evaluation of the proper amount of partial releases. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements as per § 205-23.

§ 205-17 Recording of final plan.

[Amended 7-16-2002 by Ord. No. 129-N-02]

Upon the approval of the final plan, the developer shall, within 90 days of such final approval or the date the approval of the Board of Supervisors is noted on the plan, whichever date is later, record such plan in the office of the Recorder of Deeds of Chester County. Proof of such recording shall be given to the Township Secretary within 10 days of recording.

§ 205-18 Township approval and commencement of development.

Approval of the subdivision or land development plan by the Township only indicates conformance to applicable Township ordinances and specifications and does not constitute a waiver of any county, state or federal regulation. The applicant is responsible for complying with any county, state or federal regulation necessary to construct the improvements shown on the plan.

No construction or land disturbance activities (not including soil or percolation testing, well drilling or similar engineering or surveying activities) shall be commenced until the applicant submits to the Township Secretary a copy of the Recorder of Deeds receipt for recording of the final plan and stormwater management plan required under Chapter 195 of the East Goshen Code. The applicant shall also provide the Township Secretary with a copy of all permits from any county, state or federal agency that are required for the construction of the improvements shown on the plan. These permits shall be accompanied with a notarized statement confirming that these are the only county, state and federal permits required. If no additional permits are required, the applicant shall provide the Township with a notarized statement confirming that no permits from any county, state or federal agencies are required.

[Amended 11-11-2003 by Ord. No. 129-N-03]

§ 205-19 Construction required.

The applicant shall construct all streets, together with all other improvements, including but not limited to 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 restricted areas and erosion and sediment control measures in conformance with the final plan as approved. All construction shall conform to the applicable provisions of the PADOT Publication 408, as amended, and/or the latest revision thereto, and other applicable regulations. See Article IX of this chapter.

§ 205-20 Inspections; cease and desist order.

The construction or the installation of all improvements shall at all times be subject to inspection by representatives of the Township. If such inspection reveals any of the following conditions, the Township representative is empowered to require corrections to be made and/or to issue a cease and desist order:

[Amended 10-4-2011 by Ord. No. 129-J-11]

Work has not been completed in accordance with the approved plans and specifications;

Work has not been completed pursuant to approved permits issued by any governmental agency, including but not limited to NPDES permits issued by the Department of Environmental Protection or the Chester County Conservation District;

Construction is not being conducted in a workmanlike manner;

(4)

Erosion or sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction.

The cease and desist order may impose any or all of the following sanctions:

[Added 10-4-2011 by Ord. No. 129-J-11[1]]

No lot in the subdivision shall be conveyed or placed under agreement of sale.

All construction on any lots for which a building permit has been issued shall cease.

No further building permits for any lots shall be issued.

(4)

All site work shall cease and desist.

[1]

Editor’s Note: This ordinance also provided for the redesignation of former Subsections B through D as Subsections C through E, respectively.

Said cease and desist order shall be rescinded upon determination by the Township that said defects or deviations from the plan requirements have been corrected.

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 designated representative shall be required. These inspections shall occur at the following stages of construction:

Upon completion of rough grading, but prior to placing the topsoil, installation of permanent drainage or other site improvements or establishing covers.

Upon excavation and compaction of subgrade.

Upon excavation, installation and compaction of drainage structures or sewage or water supply systems.

(4)

Before placing stone base course or before initial layer of screening.

(5)

Before binder course.

(6)

Final inspection.

The applicant shall notify the designated representative of the Township at least 24 hours in advance of completion of any construction operations requiring inspections.

§ 205-21 Maintenance bond.

Where completion of the required improvements is a condition of approval, the Board shall require the posting of financial security to secure the structural 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 bond as described in § 205-16 and shall be for a term of 18 months from the date of the acceptance or dedication, and shall be in an amount equal to 15% of the actual costs of installation of the improvements.

Where maintenance of stormwater retention facilities or private streets is to be the responsibility of individual lot owners, homeowners' association or similar entity or an organization capable of carrying out the maintenance responsibilities, the Board shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest and may further require that an additional maintenance fund be established in a reasonable amount.

§ 205-22 As-built plans.

Within 30 days after completion and Township approval of subdivision and/or land development improvements as shown on final plans, and before Township acceptance or dedication of such improvements, the applicant shall submit to the Board 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.

§ 205-23 Release from performance bond.

When the applicant has completed all of the necessary and appropriate improvements, he shall notify the Township, in writing, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Township shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a written report with the Township, and shall promptly mail a copy of the same to the applicant. The report shall be written and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Township. 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.

The Township shall notify the applicant, in writing, of the action of the Township with regard to approval, nonapproval or rejection of improvements.

If any portion of said improvements shall not be approved or shall be rejected by the Township, the applicant shall proceed to complete those improvements as directed and, upon completion, the same procedure of notification as outlined herein shall be followed.

The applicant shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and accepted by the Township. In addition, 10% of the performance bond shall be held back by the Township until the applicant has posted a maintenance bond as provided for in § 205-21 and as-built plans are verified and accepted by the Township.

Partial release of the performance bond during the period of construction shall be authorized as per § 205-16.

§ 205-24 Dedication and acceptance of improvements.

Conditions of acceptance of streets and other improvements. The Township shall have no obligation to take over and make public any street, open space or other improvement in or abutting a subdivision unless:

All the required improvements shown on the approved plan(s) have been constructed and certified by the Township Engineer.

At least 50% of all the lots along the street have been occupied by completed buildings or unless a petition (signed by at least 50% of the property owners along the frontage of the street in question) requesting that the street and other improvements be taken over and made public, is filed with the Township along with an executed deed of dedication in a form acceptable to the Township Solicitor.