The developer shall notify the inspector by certified mail at
least 72 hours prior to beginning any installation of public improvements
in an approved plan. The inspector shall prepare a written report
of all inspections in duplicate on forms provided by the Township.
One copy shall be retained by the Township and one copy shall be retained
by the Township Engineer.
When the developer has completed the required public improvements in a plan, the developer shall notify the Township, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, the Board of Commissioners shall authorize the Township Engineer to inspect the public improvements in the plan to determine compliance with the design standards specified in Article VIII of this chapter and the Township Public Improvements Code.
Upon completion of the public improvements in a plan, as-built
plans and profiles of the public improvements, as constructed, shall
be filed with the Township by the developer within 10 days of the
mailing of the notice of completion.
A.
Township Engineer's report. Upon authorization by the Board
of Commissioners, the Township Engineer shall perform a final inspection
of the public improvements in the plan. Within 30 days of receiving
the authorization by the Board of Commissioners, the Township Engineer
shall file a report, in writing, with the Board of Commissioners indicating
approval or rejection of the improvements, either in whole or in part,
and in the case of rejection shall provide a statement of the reasons
for such rejection. The Township Engineer shall promptly mail a copy
of said report to the developer by certified or registered mail.
B.
Notification of developer by the Board of Commissioners. The Board
of Commissioners shall notify the developer in writing, by certified
mail, within 15 days of receipt of the Township Engineer's report,
of the action of the Board of Commissioners with relation to approval
or rejection of the public improvements.
C.
Failure of Township to comply. If the Board of Commissioners of the
Township Engineer fails to comply with the time limitation provisions
contained in this article, all public improvements will be deemed
to have been approved, and the developer shall be released from all
liability pursuant to the completion bond posted with the Township.
D.
Completion of rejected public improvements. If any portion of the
public improvements shall not be approved or shall be rejected by
the Board of Commissioners, the developer shall proceed to make the
required corrections or additions and, upon completion, the same procedures
of notification, inspection and approval as outlined in this article
shall be followed.
E.
Developer's right. Nothing in this article, however, shall be
construed to limit the developer's right to contest or question,
by legal proceedings or otherwise, any determination of the Board
of Commissioners or the Township Engineer.
F.
Release of completion bond.
(1)
Upon approval of all of the public improvements in the plan, the
developer shall be released from any liability pursuant to the completion
bond posted to guarantee the proper installation of those improvements.
(2)
From time to time during the installation of the public improvements,
the developer may request partial release of the completion bond in
an amount necessary for payment of contractors performing the work.
Any such request shall be in writing and shall be addressed to the
Board of Commissioners. The Board of Commissioners shall have 45 days
from the receipt of such request to allow the Township Engineer to
certify, in writing, that such portion of the installation of public
improvements has been completed in accordance with the requirements
of this chapter and the approved final plat.
(3)
Upon such certification by the Township Engineer, the Board of Commissioners
shall authorize release of an amount as estimated by the Township
Engineer which fairly represents the value of the improvements completed.
The Board of Commissioners may require retention of 10% of the estimated
cost of such improvements until such time as all improvements have
been installed and the completion bond is released in its entirety.
A.
Upon completion of the inspection and approval of the public improvements, the developer shall submit a request to the Board of Commissioners, in writing, to accept the dedication of the public improvements. The request for acceptance shall be submitted at least 10 days prior to the regular meeting of the Board of Commissioners. At the regular meeting, the Board of Commissioners shall enact an ordinance accepting the public improvements as part of the Township's public facilities, subject to the posting of the maintenance bond required by § 250-35 of this chapter.
B.
No property or public improvements shown on a final plat shall be
considered to have been finally accepted by the Township until the
dedication thereof has been officially accepted by adoption of an
ordinance of the Township, duly enacted and advertised in accordance
with law.
A.
When the Board of Commissioners accepts the dedication of all or some of the required public improvements in a plan, following their completion, the Board of Commissioners shall require the posting of a maintenance bond, as defined by this chapter, to secure the structural integrity of the improvements and to guarantee the proper functioning of those improvements in accordance with the design standards of Article VIII, Chapter 245 of the Code of the Township and the specifications of the final plat.
B.
The term of the maintenance bond shall be for a period of 18 months
from the date of the acceptance of the public improvements by the
Board of Commissioners. The amount of the maintenance bond shall be
15% of the actual cost of installation of the public improvements.
In the event that the public improvements required to be installed
by the provisions of this chapter are not installed in accordance
with the requirements of this chapter or the approved final plat prior
to the expiration of the completion bond, the Board of Commissioners
shall have the power to enforce the completion bond by appropriate
legal and equitable remedies provided by the laws of the Commonwealth
of Pennsylvania. If proceeds from the completion bond are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements guaranteed by such completion bond, the Board
of Commissioners may, at its option, install part of such improvements
in all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the completion bond or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the improvements guaranteed by such completion
bond and not for any other municipal purpose.
Approval of common amenities for which a completion bond has
been required and final release of the completion bond shall only
indicate compliance with the specifications shown on the approved
plan. Such approval and release of completion bond shall not imply
approval by the Township of the methods of construction or the structural
integrity of the common amenities, nor shall there be a liability
associated with or responsibility for maintenance of those common
amenities by the Township. A maintenance bond shall not be required
to be posted for common amenities.
