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Township of North Fayette, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 418, 1/29/2014]
1. 
The developer and/or landowner shall notify the Community Development Director at least 72 hours prior to beginning any installation of public improvements in an approved plan. While work is in progress, the developer and/or landowner shall notify a Township-designated inspector 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 storm sewers and drainage facilities as they are being constructed.
E. 
Inspection of all utilities street crossings within the public right-of-way.
F. 
All grading being performed according to Chapter 9, "Grading and Excavating."
G. 
Inspection on installation of sanitary sewer facilities as they are being constructed.
H. 
Inspections at such other times as may be provided by Township policy (including the Township Public Improvements Inspection Policy, as may be amended from time to time), by the developers agreement, or where nature of work or conditions such that Township Engineer believes such to be necessary in his/her sound judgment.
2. 
A Township-designated inspector will 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. 418, 1/29/2014]
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 Building Inspector or Township Engineer. No construction affected by the deviation shall proceed until the Building Inspector or Township 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 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.
2. 
When the developer and/or landowner has completed the required private or public improvements in a plan, the developer and/or landowner shall notify the Township, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, the Township Engineer will inspect the private or public improvements in the plan to determine compliance with Part 5, "Design Standards," and the Township's Construction Standards.
3. 
Upon completion of the private or public improvements in a land development plan, the developer and/or landowner shall file paper copies as well as electronic-based as-built plans and profiles of the public improvements, as constructed, to the Township within 10 days of the mailing of the notice of completion. Three paper copies of the as-built plans shall be folded into a final size of 8 1/2 inches by 11 inches. The electronic file of the as-built plans shall be provided in a format compatible with the Township's geographical information system (GIS) unless otherwise specified by the Community Development Director, Building Inspector or Township Engineer.
[Ord. 418, 1/29/2014]
1. 
Township Engineer's Report. When the developer has completed all of the necessary and appropriate private or public improvements, the developer shall notify the Board of Supervisors, 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 Board of Supervisors will, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer will, thereupon, file a report, in writing, with the Board of Supervisors, and will promptly mail a copy of the same to the developer by certified or registered mail. The report will be made and mailed within 20 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Supervisors; 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 report shall contain a statement of reasons for such non-approval or rejection.
2. 
Notification of Developer and/or Landowner by the Board of Supervisors. The Board of Supervisors will notify the developer and/or landowner, within 15 days of receipt of the Township Engineer's report, in writing, by certified mail, of the action of the Board of Supervisors with relation to approval or rejection of the public improvements.
3. 
Failure of Township to Comply. If the Board of Supervisors 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 and/or landowner shall be released from all liability pursuant to the completion security posted with the Township.
4. 
Completion of Rejected Public Improvements. If any portion of the private or public improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer and/or landowner 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 Board of Supervisors or the Township Engineer.
[Ord. 418, 1/29/2014]
1. 
Release of completion security, including partial releases during construction and final releases upon completion, shall be in accordance with §§ 509 and 510 of the Municipalities Planning Code, 53 P.S. §§ 10509, 10510, by this chapter (see § 22-208), and in accordance with any associated developer's agreement.
2. 
The Board of Supervisors may require retention of 10% of the estimated cost of such improvements until such time as all improvements have been installed, maintenance security has been posted for public improvements to be offered for dedication to the public, and all terms and conditions of the development agreement have been satisfied, including satisfaction of all outstanding fees and costs due to the Township, at which time the completion security is released in its entirety.
[Ord. 418, 1/29/2014]
1. 
Upon completion of the inspection and approval of the public improvements, the developer and/or landowner shall submit a request to the Board of Supervisors, in writing, to accept the dedication of the public improvements. The request for acceptance shall be submitted at least 30 days prior to the regular meeting of the Board of Supervisors and shall be accompanied by a legal description(s) and an eight-inch by eleven-inch scaled drawing(s) of all rights-of-way to be dedicated to the public. With respect to the request for dedication of any street, the request shall be accompanied by a proposed deed of dedication.
2. 
At the regular meeting, the Board of Supervisors may enact an ordinance or adopt a resolution accepting the public improvements as part of the Township's public facilities, subject to the posting of the maintenance security required by § 22-606.
3. 
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 by adoption of a resolution of the Township.
[Ord. 418, 1/29/2014]
1. 
When the Board of Supervisors accepts the dedication of all or some of the required public improvements in a plan, following their completion, the Board of Supervisors shall require the posting of a maintenance security, as defined by the Municipalities Planning Code and 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 5, the Township's Construction Standards and the specifications of the final plat defined by § 22-316.
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 the Board of Supervisors. The amount of the maintenance security shall be 15% of the actual cost of installation of the public improvements.
3. 
Form of Security. The form of security shall be accordance with the requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq., and this chapter.
[Ord. 418, 1/29/2014]
In the event that the private or 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 security, the Board of Supervisors shall have the power to enforce the completion security by appropriate legal and equitable remedies provided by the Municipalities Planning Code, 53 P.S. § 10101 et seq., and other laws of the Commonwealth of Pennsylvania. If proceeds from the completion security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements guaranteed by such completion security, the Board of Supervisors 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 moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the completion security or from any legal or equitable action brought against the developer and/or landowner, or both, shall be used solely for the installation of the improvements guaranteed by such completion security and not for any other municipal purpose.
[Ord. 418, 1/29/2014]
Approval of private improvements or common amenities, as defined by this chapter, for which a completion security has been required and final release of that completion security shall indicate compliance with the specifications shown on the approved plan. Such approval and release of the completion 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 completion security.