Recording of the final plan after approval of the Borough Council
has the effect of an irrevocable offer to:
A. Dedicate all streets and other public ways to public use, unless
such streets are indicated on said plan as private streets.
B. Dedicate all neighborhood parks and all areas shown on the plan as
being local recreation sites to public use.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Borough Council may enforce any letter
of credit or other financial security by appropriate legal and equitable
remedies. If proceeds of such financial security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Borough Council
may, at its option, install such improvements in all or part of the
subdivision or land development and may institute appropriate legal
or equitable action or recover the monies necessary to complete the
remainder of the improvements. All the proceeds, after deducting the
costs of collection, whether resulting from the financial security
or from any legal or equitable action brought against the developer,
or both, shall be used solely for the installation of the improvements
covered by such security and not for any other Borough purpose.
The Borough shall inspect the improvements during construction. The developer shall pay the cost of any such inspection in accordance with the provisions of Article
V of the Municipalities Planning Code. The developer shall provide at least 24 hours' notice
prior to the start of construction of any improvements that are subject
to inspection. All inspections of completed items shall be requested,
in writing, at least 48 hours in advance of the inspection time and
date. It is generally required that the following phases of site construction
have mandatory inspection. This general list of phases may be amended
by mutual agreement of the Borough and developer when the site requires
special construction procedures. The inspection schedule must be recorded
with the final plan or shown on the approved improvement construction
plan.
A. General site construction.
(1) Upon completion of preliminary site preparation, including stripping
of vegetation, stockpiling of topsoil and construction of temporary
erosion and sedimentation control devices.
(2) Upon completion of rough grading, but prior to placing topsoil, permanent
drainage or other site development improvements and ground covers.
(3) During the construction of permanent stormwater management and BMP
facilities. All storm sewers, culverts, etc., must be inspected prior
to backfilling.
(4) During construction of sanitary sewers and appurtenances, all sanitary
sewers must be constructed and inspected in accordance with Borough
specifications.
(5) Upon the final completion of permanent stormwater management and
BMP facilities, including the establishment of ground covers and plantings.
(6) After review of the as-built drawings, required by §
265-35 of this chapter, but prior to final release of the financial guarantee for completion of final grading, vegetative controls required by the BMP standards or other site restoration work.
B. Street construction.
(1) Preparation of road subgrade. At the time of this inspection, the
subgrade should be proof-rolled and the proposed crown and grade should
be checked. It is recommended that a developer's/contractor's
representative accompanies the observer when the crown and grade are
checked. Proof-rolling should be performed with a fully loaded, tandem-axle
dump truck. This inspection must occur prior to any stone subbase
being placed.
(2) Placement and compaction of road subbase. At the time of this inspection,
the depth of subbase should be checked after compaction, the subbase
should be proof-rolled in the same manner as the subgrade, and the
crown and grade should be checked again. This inspection must occur
prior to any binder or base course being placed.
(3) Placement and compaction of the binder/base course. At the time of
this inspection, the depth of the binder/base course should be checked,
ambient temperature should be monitored (this is important in early
spring and late fall days when the temperature can go below acceptable
limits, in accordance with PennDOT specifications, Form 408, as amended),
the temperature of the bituminous material should be checked (if possible),
and it is recommended that copies of the weight slips for each truckload
be obtained. The crown and grade should also be checked again. This
inspection must occur prior to the wearing course being placed.
(4) Placement and compaction of the wearing course. At the time of this
inspection, the guidelines for the placement and compaction of the
binder/base course should be followed.
C. In addition to the above outlined inspections, additional inspections
will be made at the request of the developer for reduction of financial
securities. Random inspections should be made at the frequency desired
by the Borough. At the time of any of the above-listed inspections,
all ongoing construction (i.e., storm drainage, sanitary sewer, water,
erosion control, etc.) should also be checked for compliance with
the approved plans and the findings reported. Since the above inspections
are mandatory, it is recommended that requests for reduction of financial
guarantee be submitted to coincide with the above inspections.
All roads and drainage facilities shall be constructed in strict
accordance with the approved plans, and no changes shall be effected
unless the same receive the written authorization of the Borough.
Notwithstanding the provisions of this section, the Borough may require
changes during the construction stage where on-site conditions, in
the opinion of the Borough or its duly designated representative,
indicate that the adverse effect of stormwater runoff and/or the adverse
effect to the roadbed and/or road surface may be minimized by such
changes.
Maintenance is an essential part of the successful functioning
of a stormwater management system. Maintenance of stormwater management
facilities and BMP facilities during development of a project shall
be the responsibility of the developer and/or landowner and shall
usually include, but not be limited to:
A. Removal of silt from sediment traps when 35%, and sediment basins
when 28%, of capacity is filled with silt.
B. Periodic maintenance of temporary control facilities such as replacement
of straw bale dikes, straw filters, silt fence or similar measures.
C. Establishment or reestablishment of vegetation by seeding and mulching
or sodding of scoured areas or areas where vegetation has not successfully
been established.
D. Installation of necessary controls to correct unforeseen problems
caused by storm events within design frequencies.
E. The contractor or developer shall be responsible for removal of all
temporary measures and installation of permanent measures upon completion
of the project.
At such time as the construction of the road is found to meet
all requirements of this chapter and the approved plans, as modified,
the developer, prior to offering the road for dedication, shall submit
to the Borough a Mylar as-built plan of the road and any stormwater
drainage facilities which shall form a part of the permanent records
of the Borough. The plan shall be prepared by using the approved final
plan as a base plan and shall be made available to the Borough prior
to the final inspection of the project. As-built plans shall show
the following:
A. Actual location of all concrete monuments which were set at all angle
breaks, points of curvature and tangents around the perimeter of the
total tract. When the outside perimeter of a tract falls within or
along an existing road right-of-way, then the right-of-way of that
roadway shall be monumented at the above-referenced points.
B. Actual location of all iron pins or drill holes in curbs for all
individual lot lines.
C. Actual cul-de-sac radius.
D. Actual location of cartway center line versus right-of-way center
line.
E. Actual location of floodplain by elevation and dimension from property
line.
F. Actual location and cross section of swales and accompanying easements.
G. Actual horizontal and vertical location of stormwater management
sanitary sewer and waterline facilities, including type and size of
storm drainage sanitary and waterline pipes.
H. Detention basin.
(1) Actual contours of the detention basin.
(2) Actual outlet structure details, including type, size and inverts
of outlet pipes.
(3) Actual elevation of the embankment and emergency spillway.
(4) A table showing the stage/storage/discharge curve for the constructed
conditions.
In case of a road through residential properties, at such time
as 90% of the lots fronting on the road have received occupancy permits,
or in the case of a road through commercial or industrial developments,
when lots having 90% of the footage have received occupancy permits,
the developer may offer the Borough a deed of dedication, accompanied
by a fee to cover recording costs and costs of preparing the resolution
of acceptance and recording of the same. If the deed is found to be
in proper order and there are no violations of any provision of this
chapter, the Borough Council may, at its sole discretion, adopt a
resolution accepting the road and/or, in applicable cases, drainage
facility. No road or, in applicable cases, drainage facility shall
be considered finally accepted by the Borough until the deed has been
recorded and filed with the applicable offices for filing for Lancaster
County, Pennsylvania. Notwithstanding final acceptance of the road
or drainage facility, the developer shall remain responsible for maintenance
of the same, snow removal excepted, for a period of 18 months from
the date of final acceptance. Borough Council will accept streets
for dedication only during the period between March 1 and September
1 of each calendar year.
Plan approval may, at the sole discretion of Borough Council,
be subject to the signing of a development agreement prepared by the
Borough Solicitor pertaining to the laying out of roads, streets,
lanes or alleys and the construction of all improvements, including
necessary grading, paving, curbs, erosion and sediment control, gutters,
sidewalks, streetlights, fire hydrants, water mains, underground electric
facilities, landscaping and traffic control devices, in accordance
with the approved plans, where such (or some of them) improvements
are required as a condition of the approval of the plan by the Borough
Council, within the time or times specified in the approval. The agreement
may include any other specified conditions or requirements agreed
to by the Borough Council and developer and/or owner. The developer
and/or owner shall reimburse the Borough for the legal fees and filing
costs incurred for the preparation and recording of this agreement
(or memorandum thereof).