The administration of the financial security shall comply with the provisions of Article
V, Section 509 the Pennsylvania Municipalities Planning Code, Act 247, as amended, and other applicable laws of the Commonwealth of Pennsylvania.
The Borough Council shall authorize and direct the Borough Engineer
to cooperate with the applicant in arranging for the Engineer's periodic
presence at the site of the work and construction of the required
facilities and improvements during such phases thereof as in the judgment
of the Engineer will enable him to determine whether or not such construction
is in general conformity with the final plan and all Borough requirements.
A. No construction shall begin until after the preconstruction meeting
between the developer, the contractor, the Borough Engineer/inspector,
and others as may be requested to attend. The preconstruction meeting
will be scheduled upon request of the developer, and will only be
held if all of the above named participants are represented.
B. Notice shall be given to the Borough at least 48 hours in advance
of commencement of any construction operation to provide for required
inspection. If construction is intermittent, separate notice will
be required each time the contractor restarts work. If scheduled work
is not canceled 24 hours prior to the scheduled time or if the work
is otherwise not performed, the engineer will be compensated for four
hours' time at the developer's expense.
C. There will be full-time inspection for the installation of sanitary
sewer, water, storm sewer, and roadway paving. General site work will
be inspected on a part-time basis.
D. No underground pipes, structures, subgrades, binders or base courses
shall be covered until inspected and approved by the duly authorized
official of the Borough. Failure in compliance with this regulation
shall provide cause for uncovering of such work, at the developer's
expense, to permit the required inspection.
E. In those cases where the Borough Engineer deems necessary, the developer,
through his contractor, shall retain the services of a Certified Soils
Engineer to perform moisture and density testing in order to determine
compaction or the extent thereof as related to the requirements of
such Borough construction and materials specifications as have been
or may be adopted by the Borough Council.
F. The wearing course on all streets proposed to be dedicated to the
Borough shall not be placed until at least 75% of the lots within
the development or a phase of the development have been built upon,
or upon the expressed desire of the Borough Council.
G. Whenever any work or materials are found not to comply with the final
plan and/or applicable Borough requirements, the Borough Engineer
or any other duly authorized Borough representative, will immediately
notify the contractor. If the work in question is not corrected, a
written noncompliance report will be issued to the contractor and
the developer. A "noncompliance report" will serve as official notice
that the work in question will not be accepted by the Borough. Upon
correction of the noncomplying work a "compliance report" will be
issued to the contractor and the developer.
H. When a contractor or developer wishes to make a change to the approved
drawings, a request shall be submitted in writing to the Borough Engineer.
The Borough Engineer will review the request and submit their recommendation
to the Borough. The Borough Council will act on the request and determine
whether or not a plan revision is necessary.
I. Whether or not such construction or work shall have been accomplished
in accordance with Borough requirements shall be determined by the
Borough Engineer upon the basis of his on-site inspections during
such phases thereof as in his judgment will enable him to make such
determination. The Engineer shall submit a written report to the Borough
Council in regard thereto.
All improvements shall be deemed to be private improvements
and only for the benefit of the specific proposal until such time
as the same have been offered for dedication and formally accepted
by the Borough Council. No responsibility of any kind with respect
to improvements shown on the final plan shall be transferred until
the improvements have been formally accepted. All requests for dedication
shall be made in accordance with Borough rules and regulations, shall
include all information required by the Borough for processing such
a request, and shall be accompanied by any required filing fee. If
a developer requests that the Borough accept dedication of streets,
the developer shall prepare traffic studies meeting all PennDOT requirements
to support the establishment of stop intersection, speed limits, and
other traffic controls and shall reimburse the Borough for all costs
associated with the enactment of ordinances and installation of signs
and traffic control devices.
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 shall have the power
to enforce any corporate bond, or other security by appropriate legal
and equitable remedies. If proceeds of such bond, or other 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 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 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 Council shall prescribe that the applicant shall
reimburse the Borough for the reasonable and necessary expense incurred
for the inspection of improvements. Such reimbursement shall be based
upon a schedule adopted by Resolution of the Borough Council upon
enactment of this chapter, or as such schedule may be amended. A copy
of this fee schedule shall be available for review at the Borough
Office. Such expense shall be reasonable and in accordance with the
ordinary and customary fees charged by the Borough Engineer or consultants
for work performed for similar services in the community, but in no
event shall the fees exceed the rate or cost charged by the engineer
or consultant to the Borough when fees are not reimbursed or otherwise
imposed on applicants.
If the applicant disputes the amount of any such expense in
connection with the inspection of improvements, it shall be done in
accordance with § 480-705.