[Ord. 871, 5/22/1991,
§ 118-401]
1. The developer shall notify the inspector at least 72 hours prior
to beginning any installation of public or private improvements in
an approved plan. While work is in progress, the developer shall notify
the inspector at least 72 hours prior to the time that the following
required progress inspections are desired:
A. Inspection of sub-grade of streets prior to laying of base.
B. Inspection of base prior to final paving of streets.
C. Inspection on installation of water lines, sanitary sewer lines,
storm sewers and drainage facilities before they are covered.
2. The inspector shall prepare a written report of all inspections in
duplicate on forms provided by the Borough. One copy shall be retained
by the Borough and one copy shall be retained by the Borough Engineer.
[Ord. 871, 5/22/1991,
§ 118-402]
When the developer has completed the required public improvements in a plan, the developer shall notify the Borough, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, Borough Council shall authorize the Borough Engineer to inspect the public and private improvements in the land to determine compliance with the design standards specified in Part
6 of this chapter and the Borough Construction Standards [Part 9].
[Ord. 871, 5/22/1991,
§ 118-403]
Upon completion of the public and private improvements in a
plan, "as-built" plans of the improvements shall be filed with the
Borough by the developer within 10 days of the mailing of the notice
of completion.
[Ord. 871, 5/22/1991,
§ 118-404]
1. Borough Engineer's Report. When a developer has completed all
of the necessary and appropriate public and private improvements,
the developer shall notify the Borough 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 Borough
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 Borough Council, and shall promptly mail a copy
of the same to the developer by certified or registered mail. The
report shall be made and mailed within 30 days after receipt by the
Borough Engineer of the aforesaid authorization from the Borough Council;
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 approval shall contain a statement of
reasons for such nonapproval or rejection.
2. Notification of Developer by Borough Council. Borough Council shall
notify the developer within 15 days of receipt of the Borough Engineer's
report, in writing, by certified or registered mail, of the action
of the Borough Council with relation thereto. The developer shall
reimburse the Borough 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 Borough Council. Any dispute
with respect to the amount of said charges shall be resolved in accordance
with the provisions of the MPC.
3. Completion of Rejected Public Improvements. If any portion of the
public or private 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.
4. Release of Financial Security.
A. As the work of installing the required public and private improvements
proceeds, the developer may request the Borough Council to release
or authorize the release, from time to time, such portions of the
performance security necessary for payment to the contractor(s) performing
the work. Any such request shall be in writing addressed to the Borough
Council, and the Borough Council shall have 45 days from receipt of
such request within which to allow the Borough Engineer to certify,
in writing, to the Borough Council that such portion of the work upon
the improvements has been completed in accordance with the approved
final plat. Upon such certification, the Borough Council shall authorize
release by the bonding company or lending institution of an amount
as estimated by the Borough Engineer fairly representing the value
of the improvements completed. The Borough Council may, prior to final
release at the time of completion and certification by its Engineer,
require retention of 10% of the estimated cost of the aforesaid improvements.
B. 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 Borough Solicitor, the Borough
Council may, at its discretion, extend said period by not more than
two additional years.
[Ord. 871, 5/22/1991,
§ 118-405]
1. Upon completion of the inspection and approval of proposed public improvements, the developer shall submit a request to Borough Council, in writing, to accept the dedication of the public improvements. The Borough may accept said public improvements in the manner specified in the Borough Code, 53 P.S. § 46101 et seq., and the MPC, subject to the posting of the maintenance security required by §
22-406 of this chapter.
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 in the manner specified
in the Borough Code, 53 P.S. § 46101 et seq., and the MPC.
[Ord. 871, 5/22/1991,
§ 118-406; as amended by Ord. 995, 12/10/2003]
1. 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 Part
6 of this chapter, the Borough Construction Standards of Part 9 of this chapter and the specifications as depicted on the approved final plat.
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 Borough Council. The amount of the public improvements shall be
15% of the actual cost of installation of the public improvements.
3. The form of the maintenance security shall be in accordance with the requirements of Chapter
1, Part
7 of this Code.
[Ord. 871, 5/22/1991,
§ 118-407]
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, Borough Council 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, Borough Council 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.