Chapter 22 – Part 6 – Required Improvements

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PART 6

 

REQUIRED IMPROVEMENTS

 

 

§601. GENERAL REQUIREMENTS.

 

1.       Requirements. Each developer shall plan for and provide, construct and install the improvements required pursuant to the following Sections of this Part 6.

 

2.       Planning.  The final plan shall not be approved until final detailed design of all improvements required hereinbelow and such additional proposed improvements shown on the plan have been:

 

A       Approved by the Township Commissioners; and,

 

B.       Appropriate security has been posted to assure performance of construction or installation of all improve­ments.

 

3.       Execution.  Each developer shall provide, construct and install the improve­ments shown or included in said final plan in strict compliance with the approved final plan. The Township Engineer is empowered to permit minor deviations in the execution of such performance which arise only because excusable oversights in the planning stage or for unforeseen field conditions, and only where the devia­tion will constitute an enhancement of the improvements as originally planned.

 

(Ord. 95-1, 2/2/1995, §601)

 

 

§602. STREETS.

 

Streets shall be brought to the grades and dimensions drawn on plans, profiles and cross sections submitted by the developer and approved by the Township Engineer.  The         developer must install the required utilities and provide, where necessary, adequate subsurface drainage for the streets.  The street shall be designed and constructed to the standards set forth in §503 and §504 of this Chapter.

 

(Ord. 95-1, 2/2/1995, §602)

 

 

 

 

 

§603. CURBS AND SIDEWALKS.

 

Curbs and sidewalks shall be provided in accordance with the standards set forth in §505 of this Chapter.

 

(Ord. 95-1, 2/2/1995, §603)

 

 

§604. SEWERS.

 

1.       Public Sewer Systems.  When the land development is to be provided with a complete sanitary sewer system connected to a public sanitary sewer system, a statement of approval from the engineer of the sewerage system to which it will be connected shall be submitted to the Township Commissioners.  Where re­quired, DEP planning module approval shall also be obtained for final plan approval. [Ord. 98-7]

 

2.       Private Sewer Systems.  When a complete private sanitary sewer system using a treatment plant is to be provided, a statement shall be submitted to the Township Commissioners from the Pennsylvania Department of Environmental Protection certifying that a permit has been issued by the appropriate agency approving the proposed facilities.  Adequate security for the maintenance of such plan shall be furnished to the Township.  [Ord. 98-7]

 

3.       Onlot Sewage Disposal.  In land development where public sewers are not available and a complete private sanitary sewer system is not required, onlot sewage disposal systems shall be provided.

 

4.       Capped Sewer System. Where the sanitary sewer system is not yet accessible but is planned or anticipated by Act 537, Sewage Facilities Act Plan Update, for extension to the development, the developer shall install sewer lines including lateral connections in order to provide service to each lot.  The sewer mains shall be suitably capped at the limits of the land development. Laterals shall be capped at the street right‑of‑way line when not extended to houses or other structures.  When laterals are extended to houses or other structures, the internal plumbing system shall be constructed to accommodate them as well as any septic systems required.

 

(Ord. 95-1, 2/2/1995, §604; as amended by Ord. 98-7, 8/27/1998)

 

 

§605. WATER.

 

1.       Provisions of System.  The land development shall be provided with a complete water main supply system which shall be connected to a municipal water supply or with a community water supply approved by the engineer of the applicable water utility company and the Pennsylvania Department of Environmental Protection with satisfactory provision for the maintenance thereof; except that, when such municipal or community water supply system is not available, each lot in a subdivision shall be capable of being provided with an individual water supply system in accordance with minimum standards approved by the Pennsyl­vania Department of Environmental Protection.   [Ord. 98-7]

 

2.       Plans.  The plans for the installation of the mains of water supply system shall be prepared for the land development with the cooperation of the applicable water supply agency and approved by its engineer.  A statement of approval from the engineer of the water supply agency to which the land development will be connected shall be submitted to the Township Commissioners.  Upon the comple­tion of the water supply system, one copy of each of the plans for such system shall be filed with the Township.

 

3.       Fire Hydrants.  Fire hydrants shall be provided as an integral part of any public water supply system.  The Township Engineer shall be consulted to determine the location of proposed fire hydrants.

 

(Ord. 95-1, 2/2/1995, §605; as amended by Ord. 98-7, 8/27/1998)

 

 

§606. STORM DRAINAGE.

 

1.       A storm drainage system shall be provided in accordance with the standards as set forth in §506 of this Chapter.  [Ord. 95-1]

 

2.       Except as otherwise noted on an approved land development plan, all storm drainage facilities shown on such plans shall be maintained by the owner of the property on which they are located.  Particularly, the grades, contours and other physical characteristics shall be maintained as shown on said plan and no facility shall be obstructed.  [Ord. 99-07]

 

(Ord. 95-1, 2/2/1995, §606; as amended by Ord. 99-07, 07/01/1999, §1)

 

 

§607. MONUMENTS AND MARKERS.

 

1.       Monuments shall be of concrete or stone at least 6 inches by 6 inches by 30 inch­es and marked on top with a copper or brass dowel. They shall be set on the edge of and along one side of the right‑of‑way at every change in direction.  Markers shall be iron pipes or brass dowels 30 inches by 3/4 inch diameter and set at all corners where boundary lines or lines change direction for each tract or lot.

 

2.       Monument Replacement.  Any monuments or markers that are removed must be replaced by a registered land surveyor at the expense of the person responsible for the removal.

 

(Ord. 95-1, 2/2/1995, §608)

 

 

§608. OTHER IMPROVEMENTS.

 

1.       Shade trees shall be located as specified in §510(8) of this Chapter.

 

2.       Street name signs and traffic control signs and devices conforming to Township specifications shall be provided and installed by the developer at all street inter­sections. All traffic control signs and devices are to be installed prior to any certificates of occupancy being issued.  All street name signs and traffic control devices must be reflective and conform to PennDOT specifications.

 

3.       Open space shall be provided as specified in §510(2)of this Chapter.

 

4.       Other improvements to promote public safety and health as required by the Township Commissioners as a condition of approval.

 

(Ord. 95-1, 2/2/1995, §608)

 

 

§609. TIME LIMITS.

 

All improvements shall be installed according to a time schedule which shall be approved by the Township Commissioners.

 

(Ord. 95-1, 2/2/1995, §609)

 

 

§610. INSPECTION.

 

At the time each improvement is to be installed and upon its comple­tion, the developer shall notify the Township Engineer so that adequate inspections can be made.  The inspection will be made by the Township Engineer. All costs of undertaking the inspec­tion will be borne by the developer.

 

A.      Requirement. All improvements may be inspected by the Township Engi­neer at each stage of construction or installation at his discretion.

 

B.       Procedure.  Notice shall be given to the Township Engineer by the devel­op­er prior to commencement of installation or construction of such im­provements. No portion of any stage of the improvements shall be buried, covered or otherwise obscured from inspection prior to the inspection and approval of the Township Engineer.  If any portion of the improvement is obscured prior to the inspection, the Township Engineer is empowered to order the developer to cease further work on the improvement until the obscured portion thereof is uncovered for such inspection.

 

C.       Cost. The Township’s cost of inspection shall be borne and paid by the developer.  The cost of such inspection shall be based upon:

 

(1)      A rate scale for in‑house inspections as established from time to time by the Township Commissioners; or,

 

(2)      The actual cost of outside inspections where required by the Town­ship Engi­neer.

 

(Ord. 95-1, 2/2/1995, §610)

 

 

§611. GUARANTEES.

 

1.       The developer shall agree in writing in a form provided by the Township that he will construct or install and maintain until dedication all of the improvements required herein or required as a condition of approval of the final plan in accor­dance with the governing specifications and within the specified time limits.

 

2.       As a condition for approval of a final plan, the developer shall deposit with the Township financial security in an amount sufficient to cover the costs of the required improvements in accordance with §509 of the Municipalities Planning Code.  In cases where development is projected over a period of years, the Township Commissioners may authorize submission of final plan by sections or stages of development subject to such requirements or guarantees as to improve­ments in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

 

3.       Release from Improvement Bond.  The security for improvements deposit­ed as afore­said may be released in accordance with §510 of the Municipalities Planning Code.

 

4.       If the developer does not satisfactorily construct or install all of the improvements included within the agreement referred to in subsection (1) hereof, the Township Commis­sioners shall institute appropriate legal or equitable proceedings to enforce the bond or other security referred to in subsection (2) hereof or, if no bond or other security is enforceable or if the proceeds thereof are insufficient to pay the cost of complet­ing the construction or installation of such improvements or the cost of making repairs or corrections thereto, to collect the same from the develop­er.  The Town­ship Commissioners, at their option, may also proceed to complete such improve­ments or make repairs and corrections thereto prior to receiving the cost thereof from the surety on the bond, from the other security or from the subdivider or developer.  All funds recovered from the surety, from other security or from the developer shall be used solely for such improvements and not for any other Township purpose.

 

(Ord. 95-1, 2/2/1995, §611)

 

 

§ 612.  DEDICATION AND ACCEPTANCE OF IMPROVEMENTS.

 

1.         When any subdivision or land development improvement is to be offered for dedication to the Township as shown on an approved subdivision or land development plan, the developer shall submit a written offer of such improvements for dedication to the Township.  The offer shall include a deed of dedication covering specific improvements, together with a copy of a title insurance policy establishing clear title to the property.  Such documents are to be submitted to the Township Secretary for review and approval by the Township Solicitor and Township Engineer.

 

2.         The Township Commissioners may require that at least 75% of the lots in any approved subdivision or development (or phase, if final plan approval has occurred in phases) have certificates of occupancy or dwellings occupied thereon prior to acceptance of dedication of any street or roadway.  No offers of dedication will be accepted after September 15 or before March 15 of the following year, unless specifically authorized by the Township Commissioners.

 

3.         Until such time as any street or roadway is accepted for dedication by the Township Commissioners, upon the issuance of the first certificate of occupancy for a structure for any lot in an approved subdivision or development, developer shall maintain the street or roadway in a safe condition and plow, apply anti-skid and de-icing material and remove snow from such streets upon cessation of a snow fall in excess of two (2) inches within two (2) hours.

 

4.         The Township Commissioners may require, if at least 75% of the lots in any approved subdivision or development (or phase if final plan approval has occurred in phases) have certificates of occupancy or dwellings occupied thereon, that the developer offer for dedication to the Township the streets in such subdivision, development or phase in accordance with the procedures set forth in § 612.1, above, within 60 days prior written notice by Township to developer. Any decision by the Township Commissioners to require dedication as specified herein shall be further subject to developer’s obligation to post maintenance security for a period of 18 months (or 5 years pursuant to Section 504.9.D if applicable) from the date of acceptance of dedication in an amount not to exceed 15% of the actual cost of installation of the street and related improvements.

 

(Ord. 07-10, 08/02/2007, §1)

 

 

 

 

 

 

 

 

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