[Ord. 963, 10/18/2006, § 401]
1.
The developer shall notify the Borough Engineer at least 72 hours
prior to beginning any installation of public improvements in an approved
plan. While work is in progress, the developer shall notify the Borough
Engineer at least 72 hours prior to the time that the following required
progress inspections are desired:
A.
Inspection of subgrade of streets prior to laying of base.
B.
Inspection of base as it is being constructed and prior to final
paving of streets.
C.
Inspection of paving of streets while they are being constructed.
D.
Inspection on installation of sanitary sewers, storm sewers and drainage
facilities as they are being constructed.
E.
Inspection of all utility street crossings within the public right-of-way.
2.
The Borough Engineer shall prepare a written report of all inspections
in duplicate on forms provided by the Borough. One copy shall be retained
by the Borough and one copy shall be retained by the Borough Engineer.
[Ord. 963, 10/18/2006, § 402]
1.
Any deviation between the location(s) of constructed site improvements
with the location(s) of existing recorded easements and right-of-ways
must be reported to the Borough Engineer. No construction affected
by the deviation shall proceed until the Borough Engineer provides
a written authorization to proceed. All deviations of constructed
public improvements from approved plans, easements and right-of-ways
will be documented in the as-built plan and, if necessary, shall be
re-recorded with Allegheny County. All documentation of the deviation(s)
shall be provided to the Borough prior to the final inspection. The
Borough shall verify the deviations before the release of any completion
security.
2.
When the developer has completed the required private or public improvements in a plan, the developer shall notify the Borough, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, the Borough Engineer shall inspect the private or public improvements in the plan to determine compliance with the design standards specified in Part 6 of this chapter and the Borough Construction Standard Details. Within 30 days the Borough Engineer shall notify the developer of the inspection results.
3.
The developer shall submit the required sanitary sewer vacuum, air
and mandrel tests, soils compaction test reports for all excavation
and fill installed within all street rights-of-ways and compaction
and depth reports for all paving installed within the street right-of-ways
with the submission of the notification in writing for final acceptance.
[Ord. 963, 10/18/2006, § 403]
1.
Upon completion of the public and private improvements in a plan,
"as-built" plans of the improvements shall be filed with the Borough
by the developer within 10 days of the mailing of the notice of completion.
The following shall be required for "as-built" plans:
A.
The boundary of the proposed development with the lot lines, bearings
and distances.
B.
The surveyed location of the installed storm and sanitary sewer lines,
catch basins, manholes and inlets with the top and invert elevations
for each pipe entering and existing each structure.
C.
The location of all sanitary and storm sewer wye locations as measured
from the downstream manhole, inlet or catch basin. The distance shall
be in the form of stationing.
D.
The size and type of pipe installed for all storm and sanitary sewers.
E.
The actual center line bearings and distances of all storm and sanitary
sewer systems as constructed.
F.
The location, bearing and distances of the center line of all streets
to be accepted by the Borough. The pavement type and width shall be
shown as well.
G.
The location of all street monuments installed.
[Ord. 963, 10/18/2006, § 404]
1.
Borough Engineer's Report. When a developer has completed all
of the necessary and appropriate public and private improvements,
the developer shall notify the Borough Council, in writing, by certified
or registered mail of the completion of the aforesaid improvements
and shall send a copy thereof to the Borough Engineer. The applicant
shall include videotapes of all separate sanitary sewers, if applicable.
The Borough Council shall, within 10 days after receipt of such notice,
direct and authorize the Borough Engineer to inspect all of the aforesaid
improvements. The Borough Engineer shall, thereupon, file a report,
in writing, with the Borough Council, and shall promptly mail a copy
of the same to the developer by certified mail or facsimile. The report
shall be made and mailed within 30 days after receipt by the Borough
Engineer of the aforesaid authorization from the Borough Council;
said report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Borough Engineer, said approval shall contain a statement of
reasons for such nonapproval or rejection.
2.
Notification of Developer by Borough Council. Borough Council shall
notify the developer within 15 days of receipt of the Borough Engineer's
report, in writing, by certified or registered mail, of the action
of the Borough Council with relation thereto. The developer shall
reimburse the Borough for the reasonable and necessary expenses incurred
for inspection of public and private improvements as set forth in
a schedule adopted by resolution by the Borough Council. Any dispute
with respect to the amount of said charges shall be resolved in accordance
with the provisions of the MPC, 53 P.S. § 10101 et seq.
3.
Failure of Borough to Comply. If the Borough Councilor the Borough
Engineer fails to comply with the time limitation provisions contained
in this Part, all private or public improvements will be deemed to
have been approved and the developer shall be released from all liability
pursuant to the completion security posted with the Borough.
4.
Completion of Rejected Public Improvements. If any portion of the
public or private improvements shall not be approved or shall be rejected
by Borough Council, the developer shall proceed to make the required
corrections or additions and, upon completion, the same procedure
of notification, inspection and approval, as outlined in this Part,
shall be followed.
5.
Developer's Rights. Nothing in this Part, however, shall be
construed to limit the developer's right to contest or question,
by legal proceedings or otherwise, any determination of the Borough
Council or the Borough Engineer.
6.
Release of Financial Security.
A.
Upon approval of all of the public and private improvements in the
plan, the developer shall be released from any liability pursuant
to the performance security posted to guarantee the proper installation
of those improvements.
B.
From time to time, during the installation of the public and private
improvements, the developer may request partial release of the performance
security in an amount necessary for payment of contractors performing
the work. Any such request shall be in writing and shall be addressed
to the Borough Council. The Borough Council shall have 45 days from
the receipt of such request to allow the Borough Engineer to certify,
in writing, to the Borough Council 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.
C.
Upon such certification by the Borough Engineer, the Borough Council
shall authorize release of an amount as estimated by the Borough Engineer
that fairly represents the value of the improvements completed. The
Borough Council may require retention of 10% of the estimated cost
of such improvements until such time as all improvements have been
installed and the completion security is released in its entirety.
D.
All improvements shall be completed within the period stated in the
approved final plat, which period shall not exceed two years. Upon
written application signed by all parties to the performance security
device and in a form approved by the Borough Solicitor, the Borough
Council may, at its discretion, extend said period by no more than
two additional years.
[Ord. 963, 10/18/2006, § 405]
1.
Upon completion of the inspection and approval of proposed public improvements, the developer shall submit a request to Borough Council, in writing, to accept the dedication of the public improvements. The Borough may accept said public improvements in the manner specified in the Borough Code, 53 P.S. § 45101 et seq., and the MPC, 53 P.S. § 10101 et seq., subject to the posting of the maintenance security required by § 22-406 of this chapter.
2.
No property or public improvement shown on a final plat shall be
considered to have been finally accepted by the Borough until the
dedication thereof has been officially accepted in the manner specified
in the Borough Code, 53 P.S. § 45101 et seq., and the MPC,
53 P.S. § 10101 et seq.
[Ord. 963, 10/18/2006, § 406]
1.
As a prerequisite to release of the performance security for completion of public and private improvements pursuant to this chapter, or as a condition to final plat approval, the developer shall provide maintenance security guaranteeing the structural integrity, proper functioning and maintenance of the improvements in accordance with the design standards of Part 6 of this chapter, the Borough Construction Standard Details and the specifications as depicted on the approved final plat.
2.
The term of the maintenance security shall be for a period of 18
months from the date of the acceptance of the public improvements
by Borough Council. The amount of the public improvements shall be
15% of the actual cost of installation of the public improvements.
[Ord. 963, 10/18/2006, § 407]
In the event that the public and private 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, Borough Council shall have the power to enforce the performance
security by appropriate legal and equitable remedies provided by the
laws of the Commonwealth of Pennsylvania. If proceeds from the performance
security are insufficient to pay the cost of installing or making
repairs or corrections to all the improvements guaranteed by such
performance security, Borough Council may, at its option, install
part of such improvements in all or part of the subdivision, consolidation
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
performance security 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 performance security and not
for any other municipal purpose.
[Ord. 963, 10/18/2006, § 408]
Approval of private improvements or common amenities, as defined
by this chapter, for which performance security has been required
and final release of that performance security shall only indicate
compliance with the specifications shown on the approved plan. Such
approval and release of the performance security shall not imply approval
by the Borough of the method of construction or the structural integrity
of the private improvements or common amenities, nor shall there be
any liability associated with or responsibility for maintenance of
those private improvements or common amenities by the Borough. Maintenance
security shall not be required to be posted for private improvements
or common amenities upon release of the performance security.
