The Borough shall assume ownership and will authorize use of and will maintain and operate sanitary sewers which have been constructed or upgraded by a developer to serve the land improved by the developer in question under the following terms and conditions:
A. 
The developer has requested and the Borough has approved service to the developer's project.
B. 
The developer has provided evidence that land planning modules as may be required by the Department of Environmental Protection and/or the Borough have been approved.
C. 
The developer has provided to the Borough a proper sewer upgrade/extension agreement, which agreement shall provide the specific details of the project.
D. 
The developer of the land in question provides to the Borough easements as may be required to maintain sewers in accordance with this Part 3 and/or any rules/regulations implemented by the Borough in effect at the time said easements are obtained. Easements shall be obtained and shall be recorded in the name of the Borough.
Approval for the construction of an upgrade or extension to the system owned by the Borough shall follow, in general, the three stages outlined below:
A. 
Planning approval.
(1) 
The developer shall submit two copies of a land development plan or sketch plan to the Borough, accompanied by a written request that the Borough provide planning approval to his proposed development. The sketch or land development plan must at least show the proposed lot layout within the subdivision. Draft copies of sewage facilities planning modules or waivers (in duplicate) as may be required by the Department of Environmental Protection shall accompany the land development plan or sketch. At a minimum, the land development plan and/or sketch plan must contain the following information:
(a) 
The name of the proposed subdivision or land development;
(b) 
North arrow;
(c) 
Graphics scale;
(d) 
Day, month, year plan prepared and/or revised;
(e) 
Name and address of developer;
(f) 
Name and address of individual or firm preparing the plan;
(g) 
Key map showing location of proposed subdivision and land development;
(h) 
Total acreage of property;
(i) 
Location and widths of rights-of-way and cartways;
(j) 
The layout of each lot;
(k) 
Utility, drainage and other easements;
(l) 
Point of connection to existing sewer system;
(m) 
Preliminary layout of proposed sewage facilities.
(2) 
The Borough shall take into consideration the developer's request for planning approval, and, if appropriate, shall authorize execution of the sewage facilities planning modules or planning waiver. If the Borough deems the submission for planning approval to be incomplete, additional action necessary by the developer to gain planning approval shall be indicated at the meeting when the request for planning approval is considered.
(3) 
The Borough's approval of developer's request for planning approval shall not constitute approval to serve the proposed subdivision or land development project.
(4) 
Final approval shall not be granted until planning approval has been granted by, or comments received from, the Clinton County Planning Commission.
B. 
Service approval.
(1) 
Following planning approval by the Borough, of the developer's land development/sketch plan, the developer shall make a formal request to the Borough for sanitary sewer service to the project or subdivision. The request for service shall contain, at a minimum, three copies of the final land development plan and/or subdivision plan as approved by the Borough, which plan shall contain, at a minimum, all of the information required under § 425-100A(1), above.
(2) 
The developer or his engineer shall provide the Borough with a copy of the Department of Environmental Protection's approval of his sewage facility planning modules or waiver.
(3) 
Based upon the information presented by the developer in his request for service, the Borough shall make a determination whether an application for a special permit for the discharge of nondomestic wastewater must be submitted to the Borough with respect to service to any one individual or all the lots contained in the subdivision plan or land development plan. It is the intent herein to ascertain whether wastewater which is proposed for discharge to the sanitary sewer will require pretreatment to be provided by the owner/developer of the subdivision and/or lot within that subdivision before discharge to the sewer is permitted.
(4) 
Based upon the content of the request for service submitted to the Borough, and the review thereof, the Borough will either approve the request for service or will make recommendations which will indicate what action must be taken by the developer prior to the request for service being approved. If additional information is required from the developer, he will be so notified.
(5) 
The Borough's approval of the request for service shall not constitute approval of the final design of the wastewater collection system required for service to the proposed subdivision or land development plan.
C. 
Final design approval.
(1) 
The developer and/or his engineer shall present to the Borough a design of sanitary sewers required to provide service to his subdivision or project which is to be developed.
(2) 
The developer shall present to the Borough for its consideration a fully executed (in triplicate) sewer upgrade/extension agreement, as provided for in this Part 3 or any rules/regulations implemented by the Borough.
(3) 
Based upon the content of the submittal for final design approval, the Borough will either approve the submission or make recommendations which will indicate what action must be taken by the developer prior to the developer receiving approval of final design of the upgrade/extension to the wastewater collection system. If additional information is required, the developer shall be so notified.
(4) 
Construction of sanitary sewers may not commence until the requisite water quality management permit has been issued either by the Commonwealth of Pennsylvania or Department of Environmental Protection, as necessary.
D. 
Procedures for obtaining approval to construct and use sewers.
(1) 
The developer and/or his engineer shall present to the Borough for review and approval, record drawings prepared and certified by the engineer of the upgrade/extension constructed to the collection system owned by the Borough. At the time the record drawings are presented for review and approval, the developer shall convey to the Borough by a deed of dedication the sanitary sewer upgrade/extension as detailed in the sewer extension agreement. The requirements for record drawings are contained in § 425-107, infra. No extension constructed by the developer will be accepted and approved for use until such time as record drawings have been approved, all fees have been paid to the Borough, and the deed of dedication has been offered to the Borough.
(2) 
The developer shall pay all fees, premiums, royalties, etc., necessary for the construction as well as for the processing of applications for the proposed project. Where required, the developer shall have his engineer prepare the application for a water quality management permit to be issued by the Department of Environmental Protection, whichever is applicable. In the event an application is prepared for submission to the Department of Environmental Protection, it shall be prepared in the name of the Borough, together with all required modules. These documents shall be delivered to the Borough in triplicate for review by the Borough and the Borough's Engineer. The Engineer, after review and approval of the permit application, modules and other documents, together with the necessary plans, shall provide his approval to the Borough, in writing, before documentation is submitted to the Department of Environmental Protection.
(a) 
The developer is also responsible for the following permits and approvals and any associated fees:
[1] 
PennDOT highway occupancy permit and maintenance bond;
[2] 
Borough road or street occupancy permit;
[3] 
Stream encroachment permit;
[4] 
Soil erosion and sedimentation control approval;
[5] 
Earth disturbance permit;
[6] 
Any other permits required by any agency.
(b) 
If so required by the Borough, the developer shall obtain the permits in the name of the Borough of Avis.
(c) 
The developer shall pay the Borough for all costs of inspection of the construction of extensions to the sanitary sewer. A preconstruction conference shall be held, at which time the estimated fee for inspection shall be determined. The fee shall be advanced to the Borough prior to the initiation of construction.
A. 
The developer shall post a bond in accordance with the requirements of the Borough, which bond shall cover the cost of construction of the wastewater collection facilities shown on the plans as approved by the Borough, and maintenance of the wastewater collection facilities for a period of two years. The bond shall be posted concurrently with the bonds for other public improvements related to the project and shall be in an amount approved by the Borough.
B. 
The developer shall maintain all sewage and related paving items associated with the project, and shall correct all defects in workmanship and materials, including settlement of backfill, for a period of two years from the date of acceptance of the wastewater collection facilities by the Borough.
C. 
When repairs or replacements are required, the Borough will notify the developer in writing advising him of the extent of the work. Within seven days thereafter, the developer shall begin to perform the necessary work and carry it through expeditiously until it is completed. If the developer delays beyond the seven days from the date of said notice, the Borough may institute action under the bond to have the work done by outside forces and charge same against the surety on the bond. In the event of an emergency situation which must be repaired immediately to protect public or private property and protect the public health and safety, in the event the developer is not immediately available to make repairs, the Borough may make repairs, which cost shall be assessed against developer.
A. 
The developer and/or contractor shall indemnify and hold harmless the Borough and the Borough's consultant and their agents and employees from and against all third-party liability.
B. 
The Borough and the Borough's consultant(s) shall be named as an additional insured under the policy; the minimum amount of the policy shall be $1,000,000 or an amount determined appropriate by Borough Council after review of developer's/contractor's plans.
C. 
The developer shall instruct his contractor to carry the following types of insurance, plus whatever special types of insurance are required by the Borough:
(1) 
Workmen's compensation;
(2) 
Contractor's public liability and property damage;
(3) 
Vehicle liability;
(4) 
Scope of insurance and special hazards (as applicable);
(5) 
Builder's risk insurance;
(6) 
Blasting insurance (as applicable).
D. 
All subcontractors shall be required by the prime contractor to carry all required insurances enumerated herein.
E. 
Prior to the start of the construction (at the initial preconstruction conference), the developer shall furnish to the Borough a certificate of insurance certifying that the contractor (and all subcontractors) has/have taken out and is/are maintaining the types of insurance required by the Borough. Each certificate shall contain substantially the following statement: "The insurance covered by this certificate shall not be cancelled or materially altered except after 30 days' written notice has been provided to the Borough."
It is the intent of the Borough to require all sewer construction which is undertaken under the auspices of this Part 3 by a developer, as defined herein, in Avis Borough to meet the specifications enumerated herein, along with any contained in such rules/regulations as may be implemented by the Borough, and to require the developer to adhere strictly to those requirements. The intent of the specifications is to define the quality and character of the workmanship and materials necessary to meet the requirements of the Borough.
The developer is hereby advised of his obligation under Act 172[1] to contact all utility companies who maintain underground utilities in the project area. The Borough will not assume any responsibility for the failure of the developer to fulfill his requirements and obligations under Act 172.
[1]
Editor's Note: See 73 P.S. § 176 et seq.