[Ord. 859, 4/6/2009]
A.Â
The developer shall notify the Township 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 Township
Engineer at least 72 hours prior to the time that the following required
progress inspections are desired:
(1)Â
Inspection of subgrade of streets prior to laying of base.
(2)Â
Inspection of base as it is being constructed and prior to final
paving of streets.
(3)Â
Inspection of paving of streets while they are being constructed.
(4)Â
Inspection on installation of sanitary sewers, storm sewers
and drainage facilities as they are being constructed.
(5)Â
Inspection of all utility street crossings within the public
right-of-way.
B.Â
The Township Engineer 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.
[Ord. 859, 4/6/2009]
A.Â
Any deviation between the location(s) of constructed site improvements
with the location(s) of existing recorded easements and rights-of-way
must be reported to the Township Engineer. No construction affected
by the deviation shall proceed until the Township Engineer provides
a written authorization to proceed. All deviations of constructed
public improvements from approved plans, easements and rights-of-way
will be documented in the as-built plan and, if necessary, shall be
rerecorded with Allegheny County. All documentation of the deviation(s)
shall be provided to the Township prior to the final inspection. The
Township shall verify the deviations before the release of any completion
security.
B.Â
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-way and compaction
and depth reports for all paving installed within the street rights-of-way
with the submission of the notification, in writing, for final acceptance.
[Ord. 859, 4/6/2009]
Upon completion of the public and private improvements in a
plan, as-built plans of the improvements shall be filed with the Township
by the developer within 10 days of the mailing of the notice of completion.
The following shall be required for as-built plans:
A.Â
The boundary of the proposed development, with the lot lines, bearings
and distances.
B.Â
The surveyed location of the installed storm and sanitary sewer lines,
catch basins, manholes and inlets, with the top and invert elevations
to reach pipe entering and exiting each structure.
C.Â
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.Â
The size and type of pipe installed for all storm and sanitary sewers.
E.Â
The actual center-line bearings and distances of all storm and sanitary
sewer systems as constructed.
F.Â
The location, bearing and distances of the center lines of all streets
to be accepted by the Township. The pavement type and width shall
be shown as well.
G.Â
The location of all street monuments installed.
[Ord. 859, 4/6/2009]
A.Â
Township Engineer's Report. When a developer has completed all
of the necessary and appropriate public and private improvements,
the developer shall notify the Township Commission, in writing, by
certified or registered mail, of the completion of the aforesaid improvements
and shall send a copy thereof to the Township Engineer. The applicant
shall include videotapes of all separate sanitary sewers, if applicable.
The Township Commissioners shall, within 10 days after receipt of
such notice, direct and authorize the Township Engineer, who shall,
thereupon, file a report, in writing, with the Township Commission,
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 Township Engineer of the aforesaid authorization
from the Township Commission; 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 Township Engineer, said
approval shall contain a statement of reasons for such nonapproval
or rejection.
B.Â
Notification of Developer by Township Commissioners. The Township
Commissioners shall notify the developer within 15 days of receipt
of the Township Engineer's report, in writing, by certified or
registered mail, of the action of the Township Commission with relation
thereto. The developer shall reimburse the Township 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
Township Commission. Any dispute with respect to the amount of said
charges shall be resolved in accordance with the provisions of the
MPC.
C.Â
Failure of Township to Comply. If the Township Commissioners or the
Township 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 Township.
D.Â
Completion of Rejected Public Improvements. If any portion of the
public or private improvements shall not be approved or shall be rejected
by the Township Commissioners, 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
the Part, shall be followed.
E.Â
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 Township
Commissioners or the Township Engineer.
F.Â
Release of Financial Security.
(1)Â
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.
(2)Â
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 Township Commission. The Township Commission shall
have 45 days from the receipt of such request to allow the Township
Engineer to certify, in writing, to the Township Commission 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)Â
Upon such certification by the Township Engineer, the Township
Commissioners shall authorize release of an amount as estimated by
the Township Engineer that fairly represents the value of the improvements
that have been installed until the completion security is released
in its entirety. The Township, however, may retain 10% of the estimated
cost of improvements.
(4)Â
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 Township Solicitor,
the Township Commissioners may, at its discretion, extend said period
by no more than two additional years.
[Ord. 859, 4/6/2009]
A.Â
Upon completion of the inspection and approval of proposed public
improvements, the developer shall submit a request to the Township
Commissioners, in writing, to accept the dedication of the public
improvements. The Township may accept said public improvements in
the manner specified in the Township Code, 53 P.S. § 4101
et seq., and the MPC, subject to the posting of the maintenance security
required by § 406 of this chapter.
B.Â
No property or public improvement shown on a final plat shall be
considered to have been finally accepted by the Township until the
dedication thereof has been officially accepted in the manner specified
in the Township Code, 53 P.S. § 46101 et seq., and the MPC.
[Ord. 859, 4/6/2009]
A.Â
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 this chapter, the Township Construction Standard Details
and the specifications as depicted on the approved final plat.
B.Â
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 Township Commission. The amount of the security shall be 15% of
the actual cost of installation of the public improvements.
[Ord. 859, 4/6/2009]
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, Township Commission 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, the Township Commission 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. 859, 4/6/2009]
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 Township 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 Township. Maintenance
security shall not be required to be posted for private improvements
or common amenities upon release of the performance security.
