[Ord. 963, 10/18/2006, § 401]
1. 
The developer shall notify the Borough 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 Borough Engineer 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 sanitary sewers, storm sewers and drainage facilities as they are being constructed.
E. 
Inspection of all utility street crossings within the public right-of-way.
F. 
All grading being performed according to Chapter 9, "Grading and Excavating."
2. 
The Borough Engineer 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. 963, 10/18/2006, § 402]
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 Borough Engineer. No construction affected by the deviation shall proceed until the Borough 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 re-recorded with Allegheny County. All documentation of the deviation(s) shall be provided to the Borough prior to the final inspection. The Borough shall verify the deviations before the release of any completion security.
2. 
When the developer has completed the required private or 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, the Borough Engineer shall inspect the private or public improvements in the plan to determine compliance with the design standards specified in Part 6 of this chapter and the Borough Construction Standard Details. Within 30 days the Borough Engineer shall notify the developer of the inspection results.
3. 
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-ways and compaction and depth reports for all paving installed within the street right-of-ways with the submission of the notification in writing for final acceptance.
[Ord. 963, 10/18/2006, § 403]
1. 
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. The following shall be required for "as-built" plans:
A. 
The boundary of the proposed development with the lot lines, bearings and distances.
B. 
The surveyed location of the installed storm and sanitary sewer lines, catch basins, manholes and inlets with the top and invert elevations for each pipe entering and existing each structure.
C. 
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. 
The size and type of pipe installed for all storm and sanitary sewers.
E. 
The actual center line bearings and distances of all storm and sanitary sewer systems as constructed.
F. 
The location, bearing and distances of the center line of all streets to be accepted by the Borough. The pavement type and width shall be shown as well.
G. 
The location of all street monuments installed.
[Ord. 963, 10/18/2006, § 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 applicant shall include videotapes of all separate sanitary sewers, if applicable. 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 mail or facsimile. 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, 53 P.S. § 10101 et seq.
3. 
Failure of Borough to Comply. If the Borough Councilor the Borough 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 Borough.
4. 
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.
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 Borough Council or the Borough Engineer.
6. 
Release of Financial Security.
A. 
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.
B. 
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 Borough Council. The Borough Council shall have 45 days from the receipt of such request to allow the Borough Engineer to certify, in writing, to the Borough Council 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, the Borough Council shall authorize release of an amount as estimated by the Borough Engineer that fairly represents the value of the improvements completed. The 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 security is released in its entirety.
D. 
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 no more than two additional years.
[Ord. 963, 10/18/2006, § 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. § 45101 et seq., and the MPC, 53 P.S. § 10101 et seq., 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. § 45101 et seq., and the MPC, 53 P.S. § 10101 et seq.
[Ord. 963, 10/18/2006, § 406]
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 Standard Details 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 9, "Grading and Excavating," of the Code of Ordinances of the Borough of Forest Hills.
[Ord. 963, 10/18/2006, § 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.
[Ord. 963, 10/18/2006, § 408]
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 Borough 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 Borough. Maintenance security shall not be required to be posted for private improvements or common amenities upon release of the performance security.