[Ord. 603, 12/30/1991, § 401; as amended by Ord.
746, 7/14/2003, § 4]
1.
The developer shall be required to schedule a preconstruction meeting
with the Borough Engineer prior to commencing work on the project.
The developer and his contractor(s) are required to attend this meeting.
The developer shall submit six sets of the approved development plans
to the Borough Engineer a minimum of one week prior to the preconstruction
meeting to allow the Borough Engineer to sign the official plans for
the project as approved.
2.
The developer shall notify the Borough Engineer a minimum of 72 hours
in advance of beginning any improvements on the approved plans. Improvements
include, and are not limited to, erosion/sedimentation control features,
storm sewers, sanitary sewers, water lines, grading, stormwater detention
facilities, etc.
3.
The developer or his representative shall notify the Borough Engineer
or representative on the site a minimum of 24 hours in advance for
the inspection of the following improvements:
A.
Inspection of the Subgrade of Streets Prior to the Installation of
the Base Course. The inspection shall require the developer's
representative to check the crown in the street, the center-line grade
of the street and stability of the material.
B.
Inspection of the Base Course of Streets Prior to the Installation
of the Bituminous Pavement. The inspection shall require the developer's
representative to check the crown in the street, the center-line grade
of the street and the depth of the material installed.
C.
Inspection of the Installation of the Bituminous Pavement. The inspection
shall require the developer's representative to check the crown
in the street, the center-line grade of the street and the depth of
the material installed.
D.
The completion of the leakage and vacuum of the sanitary sewers and
manholes.
E.
The Borough and its representatives assume no responsibility for
the misalignment of street or sewer layouts. The developer and his
representatives are solely responsible for the proper stake of all
public improvements.
F.
The Borough shall provide part-time, once daily inspection on the
project unless full-time inspection is specified in the developer's
agreement. If during the course of construction of the project, deficiencies
are found by the Borough's representative, the developer's
representative shall be notified to correct the deficiencies. If the
developer's representative fails to correct the deficiencies,
the developer shall be notified by writing of the deficiencies. If
during the course of construction, it is deemed by the Borough that
full-time inspection is required due to lack of cooperation between
the Borough and the developer or his representative(s), the developer
shall be notified in writing by registered mail prior to the initiation
of full-time inspection. The developer shall be responsible to pay
all required inspection fees.
G.
The Borough's
representative shall prepare a written report of all inspections performed
on the site. A copy of these inspections shall be forwarded to the
Borough upon the request of the Borough.
[Ord. 603, 12/30/1991, § 402; as amended by Ord.
746, 7/14/2003, § 5]
When the developer has completed all of the required public improvements in the plan, the developer shall notify Borough Council, in writing, by certified or registered mail and shall send a copy thereof to the Borough Engineer by certified or registered mail. Within 10 days after receipt of such notice, Borough Council shall authorize the Borough Engineer to inspect all of the required improvements. The developer shall submit a copy of the required as-built plans with the notice of completion. The as-built plans shall be prepared in accordance with § 22-403.
[Ord. 603, 12/30/1991, § 403; as amended by Ord.
746, 7/14/2003, § 6]
Upon the completion of the required public improvements, the
developer shall prepare an as-built plan of the development that includes
the following information:
A.
Plan view of all the location of all storm sewers, sanitary sewers
and water lines.
B.
The location of all storm sewer and sanitary sewer laterals with
stationing to the end of each lateral on the plan view.
C.
Profiles of all storm and sanitary sewers indicating the top and
flow line elevation for each structure. The proposed elevations shall
be crossed out with the new elevations shown beside the crossed out
numbers.
D.
An as-built topography of any stormwater detention pond constructed
on the site. This plan shall be accompanied by a revised stormwater
report utilizing the as-built topography and stormwater discharge
structure.
E.
The location of all monuments shall be shown on the plan and noted
that they have been installed.
F.
The location of the edge of pavement with center-line stationing
and a profile of the street(s).
G.
The plan shall be signed and sealed by a registered surveyor certifying
the location of all public improvements.
H.
Legal descriptions of all storm sewer, sanitary sewer, stormwater
management and street easements and/or rights-of-way to be accepted
by the Borough. The easements and rights-of-way shall be described
using the center-line bearings and distances, unless otherwise is
approved by the Borough Engineer.
[Ord. 603, 12/30/1991, § 404; as amended by Ord.
746, 7/14/2003, §§ 7, 8; and by Ord. 787, 10/9/2006,
§ 7]
1.
Borough Engineer's Report. Upon authorization by Borough Council,
the Borough Engineer shall perform a final inspection of the public
improvements in the plan. Within 30 days of receiving the authorization
by Borough Council, the Borough Engineer shall file a report, in writing,
with Borough Council 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 Borough Engineer
shall promptly mail a copy of said report to the developer by certified
or registered mail.
2.
Notification of Developer by Borough Council. Borough Council shall
notify the developer, in writing, by certified mail, within 15 days
of receipt of the Borough Engineer's report of the action of
Borough Council with relation to approval or rejection of the public
improvements.
3.
Failure of Borough to Comply. If Borough Council or the Borough 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 developer shall be released from all liability pursuant to
the completion bond posted with the Borough.
4.
Completion of Rejected Public Improvements. If any portion of the
public 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 Borough Council
or the Borough Engineer.
6.
Release of Completion Bond.
A.
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.
B.
From time to time, but no more frequently than monthly, during the
installation of 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 Borough Council. Borough Council shall have
45 days from the receipt of such request to allow the Borough 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.
C.
Upon such certification by the Borough Engineer, Borough Council
shall authorize release of an amount as estimated by the Borough Engineer
which fairly represents the value of the improvements completed. 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 bond is released in its entirety. Payment of all
applicable fees and escrow accounts shall be a condition precedent
to release of the 10% retention.
[Ord. 603, 12/30/1991, § 405; as amended by Ord.
746, 7/14/2003, §§ 9-11; and by Ord. 791, 4/9/2007,
§ 10]
1.
Acceptance Procedure.
A.
Upon completion of the inspection and approval of the public improvements,
the developer shall submit a request to Borough Council, in writing,
to accept the dedication of the public improvements. The request for
acceptance shall be submitted at least 10 days prior to a regular
meeting of Borough Council and shall be accompanied by as-built drawings
showing the following:
(1)
Property information.
(2)
Adjacent property information.
(3)
Scale, North arrow and date.
(4)
Property boundaries and lot lines.
(5)
Public and private streets.
(6)
Rights-of-way.
(7)
Location of utility easements.
(8)
Location of floodplains.
(9)
Location of all structures, including detention structures,
manholes, inlets, valves, etc.
(10)
Profiles of all sewer lines and streets.
(11)
Approximate location of each "Y."
(12)
Statement by the applicant that all utilities serving the property
are located within the recorded rights-of-way reserved for their use.
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 by adoption of an
ordinance of the Borough, duly enacted and advertised in accordance
with law.
3.
Prior to acceptance of the public improvements, the Borough Council
shall require the developer to post a monetary escrow deposit for
the installation of the final one inch of bituminous wearing surface.
The escrow shall be in the amount of 110% of the estimated cost to
complete the installation of the bituminous pavement. The cost estimate
for the installation said pavement shall be submitted to the Borough
Engineer in writing, by the developer, completed and certified by
either a registered engineer or a contractor with expertise in the
field bituminous paving.
[Ord. 603, 12/30/1991, § 406]
1.
When Borough Council accepts the dedication of all or some of the required public improvements in a plan, following their completion, Borough Council 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 Part 6, the Borough 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 Borough
Council. The amount of the maintenance bond shall be 15% of the actual
cost of installation of the public improvements.
[Ord. 603, 12/30/1991, § 407]
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, Borough Council 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, Borough Council 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 monies 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.
[Ord. 603, 12/30/1991, § 408; as amended by Ord.
476, 7/14/2003, § 12]
Approval of private improvements and final release of the amenities
bond shall only indicate compliance with the specifications shown
on the approved land development plan. Such approval and release of
the amenities bond shall not imply approval by the Borough 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
Borough. A maintenance bond shall not be required to be posted as
a condition of release of the amenities bond. Payment of all applicable
fees and escrow accounts shall be a condition precedent to release
of the amenities bond.
