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, Publication 408, and other applicable regulations.
A. 
The construction or installation of all improvements shall at all times be subject to inspection by representatives of West Brandywine 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 or sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction, the said representative 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:
(1) 
That no lot in the subdivision shall be conveyed or placed under agreement of sale;
(2) 
That all construction on any lots for which a building permit has been issued shall cease; and/or
(3) 
That no further building permits for any lots shall be issued.
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. 
A preconstruction meeting to be coordinated through the Township Secretary shall be scheduled to occur at least one month prior to the start of construction. The developer shall provide at least 24 hours' notice prior to the start of construction of any improvements that are subject to inspection. All inspections of completed items for the release of escrow funds shall be subject, in writing, at least 48 hours in advance of the inspection time and date. No underground pipes, structures, subgrades, or base course shall be covered until inspected and approved by the Township.
[Amended 10-27-1993 by Ord. No. 93-07]
(1) 
Generally, the following phases of site construction require mandatory inspections:
(a) 
Upon completion of preliminary site preparation including clearing of vegetation, stripping and stockpiling of topsoil, and installation of temporary erosion and sedimentation control devices.
(b) 
Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage, or other site improvements and ground cover.
(c) 
During the construction of permanent stormwater management facilities. All storm sewers, culverts, etc., must be inspected prior to backfilling.
(d) 
During construction of water supply treatment and distribution systems and sanitary sewer distribution and treatment systems.
(e) 
Preparation of road subgrade. At the time of this inspection, the subgrade should be proof rolled and the proposed crown and grade should be checked. This inspection must occur prior to the placement of any stone subbase.
(f) 
Placement and compaction of road subbase. At the time of this inspection, the depth of subbase should be checked after compaction, the subbase should be proof rolled in the same manner as the subgrade and crown, and the grade should be checked again. This inspection must occur prior to any binder or base course being placed.
(g) 
During installation of roadway curbing.
(h) 
Placement and compaction of the base course. At the time of this inspection, the depth of the base course should be checked, the ambient temperature should be monitored, and the temperature of the bituminous material should be checked. The crown and grade should be rechecked. This inspection must occur prior to the wearing course being placed. (The total depth required shall be reached in two lifts of equal amount of material.)
(i) 
Placement and compaction of the wearing course.
(j) 
Final inspection in accordance with § 167-69A.
(2) 
The above general list of phases may be amended by mutual agreement between the Township and developer when the site requires special construction procedures.[1]
[1]
Editor's Note: Former Subsection D, regarding the developer's notification of the Township, which immediately followed this subsection, was repealed 10-27-1993 by Ord. No. 93-07.
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 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. 
The Board shall notify the developer, in writing, by certified mail of the action of the Board with regard 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 those improvements and, upon completion, the same procedure of notification as outlined herein shall be followed.
D. 
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, and as-built plans are verified and accepted by the Township. The maintenance guarantee shall total 15% of the total costs of the public improvements and shall be binding for a period of 18 months.
E. 
Partial releases of the performance guarantee during the period of construction shall be authorized as per § 167-19.
Within 30 days after completion and Township approval of subdivision or land development improvements as shown on final plans, and before Township acceptance of such improvements, the developer shall submit to the Board a plan showing actual locations, dimensions and conditions of streets and all other public improvements, including easements showing geometry and monument locations certified by a registered engineer to be in accordance with actual construction. As-built plans shall show elevations and inverts to all manholes, pipes and roads.
A. 
Upon completion of any public improvements shown on an approved subdivision 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 of the Township Solicitor. Deeds of dedication for public improvements may be accepted by resolution of the Board at a regular meeting thereof. The Supervisors may require that at least 50% 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 50% of the lot have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to the Board before being accepted by the Township.
B. 
The Board may require that certain subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a homeowner's association or similar entity, or an organization capable of carrying out maintenance responsibilities.
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 § 167-19, 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 costs of installation of the improvements so dedicated.
B. 
Where maintenance of stormwater retention facilities or private streets 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 perpetual covenants or deed restrictions binding on the landowner's successors in interest, and may further require that an initial maintenance fund be established in a reasonable amount.