A.
The applicant shall construct all roads, streets, lanes or alleys,
together with all other improvements, including 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, the applicable provisions of the Pennsylvania Department
of Transportation Specifications. Form 408, dated 1976, or the latest
revision thereto, or other applicable regulations.
B.
No plat shall be finally approved for recording and no building permit shall be issued until the developer has completed all required improvements or has provided a performance guaranty in accordance with § 184-18 hereof.
C.
All trenches or other excavations in existing or proposed Borough
streets shall be backfilled in accordance with the following:
(1)
Backfilling shall be done as promptly as possible.
(2)
The trench shall be backfilled with hand-placed screenings or 2RC
to a height of at least one-foot above the top of a conduit, pipe
or pipe bell. These screenings shall be thoroughly hand-tamped around
the side of the pipe. These screenings shall be placed with hand shovels
and not from trucks or with the use of power equipment and shall be
free from refuse, boulders, rocks, unsuitable organic material or
other material which, in the opinion of the Borough, is unsuitable.
(3)
When a pipe is located in a dedicated street or any place where paving,
including driveways, may be placed, the remainder of the trench shall
be backfilled with 2RC or other approved materials and promptly compacted.
The backfill material shall be mechanically tamped in approximately
six-inch layers.
(4)
Where openings have been made in existing Borough streets, paving
shall be restored in accordance with the paving standards contained
in this chapter. Openings made in state roads shall be restored in
accordance with the Pennsylvania Department of Transportation specifications.
Permits shall be required before paving is opened in any existing
state or Borough road.
(5)
Where openings are made behind the curbline, work shall be as specified
below. The openings shall be covered with good topsoil to a depth
of six inches and seeded or sodded to the satisfaction of the Borough
Engineer.
(6)
Whenever the trenches have not been properly filled or if settlement
occurs, they shall be refilled, compacted, smoothed off and finally
made to conform to the surface of the ground.
(7)
Frozen earth shall not be used for backfilling, nor shall any backfilling
be done when materials already in the trenches are frozen.
(8)
Where excavated material or any portion thereof is deemed by the
Borough Engineer to be unsuitable for backfilling, the developer shall
procure and place backfill material approved by the Borough Engineer,
and the unsuitable material shall be disposed of properly.
A.
All land disturbance work shall be performed in accordance with an
inspection and construction control schedule approved by the Borough
Engineer. No work shall proceed to a subsequent phase until inspected
and approved by the Engineer or his designee, who shall then file
a report thereon with the Borough. The construction or installation
of all improvements shall at all times be subject to inspection by
representatives of the Borough. 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, said representative
is empowered to require corrections to be made and/or suspension of
subdivision approval and to issue a cease-and-desist order, which
may include any or all of the following sanctions:
B.
Said cease-and-desist order shall be terminated upon the determination
by Borough representatives that said defects or deviations from plan
requirements have been corrected.
C.
After commencement of initial earthmoving operations, the Borough
Engineer or his designee shall inspect at the following points in
the development of the site or of each stage thereof:
(1)
Upon completion of stripping, the stockpiling of topsoil, the construction
of temporary stormwater management and erosion control facilities,
disposal of all unsuitable materials and preparation of the ground.
(2)
Upon completion of rough grading but prior to placing topsoil, installing
permanent drainage or other site improvements or establishing covers.
(3)
During construction of the permanent facilities, at such time(s)
as specified by the Borough Engineer.
(4)
Upon completion of permanent stormwater management facilities, including
established ground covers and plantings for that purpose.
(5)
Upon completion of final grading, vegetative control measures and
all other site restoration work undertaken in accordance with the
approved plan and permit.
(6)
The Borough Engineer may make random inspections as he deems necessary
and appropriate.
D.
No underground pipes, structures, subgrades or base course shall
be covered until inspected and approved by the Borough Engineer. A
minimum of six inspections shall be required. These inspections shall
be effected at the following points:
E.
The developer shall notify the Borough Engineer at least 24 hours
in advance of commencement of any construction operations requiring
an inspection.
F.
In the review of any stormwater management plan, the Borough Engineer
shall have discretion to modify or waive the otherwise applicable
inspection schedule called for in this section.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the 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 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 Council 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 Borough Engineer of
the aforesaid authorization from the Council, and 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 report shall contain a statement of reasons for such
nonapproval or rejection. The Borough Engineer shall maintain a permanent
file of his inspections.
B.
The Council shall notify the developer, in writing, by certified
mail, of the action of the Council with relation to approval, nonapproval
or rejection of improvements.
C.
If any portion of said improvements shall not be approved or shall
be rejected by the Council, the developer shall proceed to complete
the same, and, upon completion, the same procedure of notification
as outlined herein shall be followed.
D.
Improvement bonds or funds in escrow may be released in stages as
construction of a significant portion of street, including all other
improvements, is completed and approved by the Council. No work shall
be initiated on subsequent phases of any subdivision or land development,
building construction or other permitted land disturbance activity
until the Borough Engineer has inspected and approved the work in
the present phase.
E.
The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and acceptance by the Borough, and 10% of the performance guaranty shall be held back until a maintenance guaranty, as provided for in § 184-56, has been posted and as-built plans are verified and accepted by the Borough.
Within 30 days after completion and approval by the Borough
of subdivision and land development improvements as shown on the final
plans and before acceptance of such improvements, the applicant shall
submit to the Council 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.
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 a written
offer of such public improvements for dedication to the Borough. Said
offer shall include a deed of dedication covering said public improvements,
together with a copy of a title insurance policy establishing the
developer's clear title to said property. Such documents are
to be filed with the Borough Manager for review by the Borough Solicitor.
Deeds of dedication for public improvements may be accepted by resolution
of the Council at a regular meeting thereof. The Council may require
that at least 50% of the lots in any approved subdivision or development
(or phase thereof, if final plan approval has been in phases) have
certificates of occupancy or dwellings occupied thereon prior to acceptance
of dedication. Should the above-mentioned roads or streets, even though
constructed according to these specifications, deteriorate before
said 50% of the lots have dwellings occupied thereon, such roads or
streets shall be repaired in a manner acceptable to the Council before
being accepted by the Borough.
A.
Where the Borough Council accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), the Council 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 authorized for the deposit of the performance guaranty, as described in § 184-18 hereof, and 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 cost of installation of the improvements so dedicated.
B.
Where maintenance of subdivision and land development improvements
is to be the responsibility of individual lot owners, a homeowners'
association or similar entity or an organization capable of carrying
maintenance responsibilities, the Council shall require that such
responsibilities shall be set forth in perpetual covenants or deed
restrictions binding on the landowner's successors in interest
and may further require that maintenance funds be established.
C.
Subdivision and land development improvements that are located on an individual lot are the responsibility of that landowner to maintain and assure the performance is guaranteed in accordance with §§ 184-23B(7) and 184-56B of this chapter. Obligations shall include the perpetuation of natural drainage and may include perpetuation of infiltration facilities and/or the maintenance of facilities constructed by the individual lot owner under terms of this building or stormwater permit, e.g., cisterns, downspout connections, seepage pits, etc.
D.
On or before the completion of subdivision or land development improvements, the permanent stormwater management system for a tract shall be installed or constructed in accordance with the approved stormwater management plan. All such work shall be as specified in the approved plan. Continued functioning of these facilities shall be guaranteed and maintenance, as necessary, performed in accordance with §§ 184-23B(7) and 184-56B of this chapter.
E.
If the Borough determines at any time that stipulated permanent stormwater
management facilities have been eliminated, altered or improperly
maintained, the owner shall be advised of corrective measures required
within a period of time set by the Borough Engineer. If such measures
are not taken by the owner, the Borough may cause the work to be done
and lien all costs against the property.
F.
Where the maintenance of stormwater management facilities and systems is the responsibility of an individual lot owner, the terms of that maintenance agreement and a description of the facilities and systems on the lot, as called for in Subsection C above, shall be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest and shall be noted on the final plan to be recorded.
