[Ord. 2001-3, 12/10/2001, § 701]
1.
The contractor shall notify the inspector at least 72 hours prior
to beginning any installation of public improvements in an approved
plan. While work is in progress, the contractor shall notify the inspector
at least 72 hours prior to the time that the following required progress
inspections are scheduled.
2.
At the Township Engineer's discretion, an inspector may be required
to be present at the site on a continual basis while work is in progress.
The cost of providing a full-time or part-time inspector shall be
charged to the developer in accordance with § 1101 (C) of
this Chapter.
3.
The inspector shall maintain a daily log of all inspections. The
log shall be kept in a survey field book and shall be turned over
to the Township Engineer upon completion of the project. If requested,
copies of the reports shall be forwarded to the Township upon receipt.
[Ord. 2001-3, 12/10/2001, § 702]
1.
Public Improvements. When the contractor has completed the required public improvements in a plan, the developer shall notify the Township Supervisors, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, Township Supervisors shall authorize the Township Engineer to conduct a final inspection of the public improvements in the plan to determine compliance with the design standards specified in Part 8 of this Chapter and the Township construction standards.
2.
Private Improvements. When the developer has completed the required
private improvements in an approved land development plan, the developer
shall make a request, in writing, to the Township Secretary for a
final inspection as a prerequisite to the certificate of completion
required by § 609 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 703]
Upon completion of the public and/or private improvements in
a plan, as-built plans and profiles of the public and/or private improvements,
as constructed, shall be filed with the Township Secretary by the
developer within 10 days of the mailing of the notice of completion.
A mylar and two prints of each as-built drawing of public improvements
shall be submitted. "As-built" plans and profiles shall be marked
"as-built" and shall contain the final grade of all sanitary and storm
sewers and appurtenances.
[Ord. 2001-3, 12/10/2001, § 704]
1.
Township Engineer's Report. Upon authorization by Township Supervisors,
the Township Engineers shall perform a final inspection of the public
improvements in the plan. Within 30 days of receiving the authorization
by Township Supervisors, the Township Engineer shall file a report,
in writing, with Township Supervisors 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.
2.
Notification of Developer by the Township. Township Supervisors shall
notify the developer, in writing, by certified mail, within 15 days
of receipt of the Township Engineer's report, of the action of
Township Supervisors with relation to approval or rejection of the
public improvements.
3.
Failure of the Township to Comply. If Township Supervisors or the
Township Engineer fails to comply with the time limitation provisions
contained in this Part, all public improvements will be deemed to
have been approved and the contractor shall be released from all liability.
4.
Completion of Rejected Public Improvements. If any portion of the
public improvements shall not be approved or shall be rejected by
Township Supervisors, the contractor 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 Township Supervisors
or the Township Engineer.
6.
Release of Performance Bond.
A.
Upon approval of all of the public improvements in the plan, the
developer shall be released from any liability pursuant to the performance
bond posted to guarantee the proper installation of those improvements.
B.
From time to time, during the installation of the public improvements,
the contractor may request partial release of the performance bond
in an amount necessary for payment of contractors performing the work.
Any such request shall be in writing and shall be addressed to Township
Supervisors. Township Supervisors 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 and approved final construction plans.
C.
Upon such certification by the Township Engineer, Township Supervisors
shall authorize release of an amount as estimated by the Township
Engineer which fairly represents the value of the improvements completed.
Township Supervisors shall require retention of 10 percent of the
estimated cost of such improvements until such time as all improvements
have been installed and the performance bond is released in its entirety.
[Ord. 2001-3, 12/10/2001, § 705]
1.
Upon completion of the final inspection and approval of the public
improvements, the developer shall submit a request to Township Supervisors,
in writing, to accept the dedication of the public improvements. The
request for acceptance shall include deeds of dedication and all other
legal descriptive documents necessary to prepare an ordinance and
shall be submitted at least 10 calendar days prior to the regular
meeting of Township Supervisors. At the regular meeting, Township
Supervisors 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 § 606 of this Chapter.
2.
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.
[Ord. 2001-3, 12/10/2001, § 706]
1.
When Township Supervisors accept the dedication of all or some of the required public improvements in a plan, following their completion, Township Supervisors shall require the posting of a maintenance bond, as defined by this Chapter, to insure the structural integrity of the improvements and to guarantee the proper functioning of those improvements in accordance with the design standards of Part 9, the Township construction standards and the specifications of the final plat.
2.
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 Township
Supervisors. The amount of the maintenance bond shall be 15 percent
of the actual cost of installation of the public improvements.
[Ord. 2001-3, 12/10/2001, § 707]
1.
Completion of 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, Township Supervisors shall have the power to
enforce the performance bond by legal and equitable remedies. If the
proceeds of the performance bond are insufficient to pay the cost
of installing or making repairs or corrections to all the improvements
covered by the performance bond, Township Supervisors may, at its
option, install part of such improvements in all or part of the approved
final plan and may institute appropriate legal or equitable action
to recover the monies necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the performance bond or
from any legal or equitable action brought against the contractor,
or both, shall be used solely for the installation of said public
improvements and not for any other municipal purpose.
2.
Remedies to Complete Private Improvements. In the event that the
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 plan prior to the expiration
of the amenities bond, Township Supervisors shall have the power to
enforce the amenities bond by appropriate legal and equitable remedies
provided by the laws of the Commonwealth of Pennsylvania. If proceeds
from the amenities bond are insufficient to pay the cost of installing
or making repairs or corrections to all the improvements guaranteed
by such amenities bond, Township Supervisors may, at its option, install
part of such improvements in all or part of the approved final plan
and may institute appropriate legal or equitable action to recover
the monies necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the amenities 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 amenities bond and not for any other municipal
purpose.
[Ord. 2001-3, 12/10/2001, § 708]
1.
Within 30 days of receiving a written notice of completion from the developer, and the as-built plans required by § 703, the Township Secretary and the Township Engineer shall perform a final inspection of the private improvements to determine compliance with the design standards of Part 9 of this Chapter and all applicable requirements of the Township Zoning Ordinance [Chapter 27]. The Township Engineer and the Township Secretary shall each sign the certification of completion required by § 709, only if all features of the approved plan have been constructed and the required as-built plans have been received.
2.
If deficiencies are found, the Township Secretary shall issue a written
notice to the developer, including written comments from the Township
Engineer, if applicable. The developer shall proceed to make the required
corrections or additions and, upon completion shall follow the same
procedure of notification, inspection and approval outlined in §§ 702,
708 and 709 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 709]
If, upon final inspection of the site by the Township Engineer and the Township Secretary, the installation of all private improvements has been satisfactorily completed in accordance with the provisions of this Chapter, all applicable provisions of the Township Zoning Ordinance [Chapter 27], and the terms of the approved plan, the Township Secretary shall issue a certificate of completion which bears the signatures of the Township Engineer and the Township Secretary. The certificate of completion shall be prerequisite to the issuance of the permanent certificate of occupancy required by the Township Zoning Ordinance [Chapter 27].
[Ord. 2001-3, 12/10/2001, § 710]
Issuance of the certificate of completion of private improvements
required by § 709 shall indicate approval by the Township
of private improvements for which an amenities bond has been posted.
Final release of the amenities bond shall not occur until the certificate
of completion is issued and shall only indicate compliance with the
specifications shown on the approved plan. Such approval and release
of the amenities bond shall not imply approval by the Township or
the Township Engineer of the method of construction or the structural
integrity of the private improvements, nor shall there be any liability
associated with or responsibility for maintenance of those private
improvements by the Township. A maintenance bond shall not be required
to be posted for private improvements as a condition of release of
the amenities bond.
[Ord. 2001-3, 12/10/2001, § 711]
Following issuance of the certificate of completion and release of the amenities bond, the landowner shall be responsible for maintaining all private improvements in good condition and repair to the satisfaction of the Township. All private improvements shown on the approved land development plan shall be maintained in the location shown on the approved plan and in conformance with the specifications shown on the approved plan, unless a revised plan is subsequently approved by the Township. Failure to continue to maintain private improvements in an approved plan or any deviation from the terms of the approved plan without prior approval of the Township shall constitute a violation of this Chapter and, if requirements of the Township Zoning Ordinance [Chapter 27], are involved, a violation of the Township Zoning Ordinance [Chapter 27], as well, and shall be subject to the applicable enforcement provisions of that Chapter.
