[Adopted 1-1-1981 by Ord. No. 80-23-780 as Ch. 132, Art. II, of the 1981 Code]
The provisions of this article shall not apply
to any general improvement work undertaken by the Borough itself.
No street shall be constructed or improved by
any person until a written permit for the same shall have been granted
by resolution of the Mayor and Council upon application made to it
in writing, as provided in this article, and accompanied by five complete
sets of plans, maps, profiles and specifications for the project.
The maps, plans and specifications required
to be filed shall indicate surface contours of the surrounding land
and shall make proper provision for the drainage and runoff of rainfall
and surface waters from such lands and streets, indicating the place
where the same will be eventually deposited or discharged.
The plans, maps, profiles and specifications
shall be approved by the Borough Engineer before a permit may be issued.
The Borough Engineer shall furnish lines and grades for the construction
or improvement of such streets at the cost of the applicant. His estimated
fees for verification and checking of all engineering detail and for
the furnishing of lines and grades shall be paid to the Borough Clerk
in advance by the applicant. If the actual cost thereof shall be less
than the estimate, the Borough Clerk shall refund the balance, and
if more, the applicant shall pay the remainder to him. The certificate
of occupancy for any buildings abutting upon such street shall not
be issued until the fees of the Borough Engineer have been paid.
The permit, when issued, shall include such
conditions, limitations and exceptions as the Mayor and Council shall
deem fitting and proper.
No permit shall be issued for the improvement
of any street unless and until adequate provisions are indicated on
the map or plans for the proper drainage thereof and disposition of
surface water therefrom.
A.
Execution. The applicant shall, prior to the issuance
of a permit, enter into a formal contract with the Borough, setting
forth his entire undertaking in connection with the improvement.
B.
Manner of work; completion. The contract shall provide
that the work will be done in a competent and workmanlike manner and
in accordance with the Standard and shall provide a completion date
for the same.
C.
One-year guaranty. The contract shall contain a further
undertaking to maintain the improvement for a period of one year after
completion and acceptance thereof by the Borough and to repair or
rectify all defects, sinking, wear and tear, washouts or any other
condition detrimental to such streets during that period.
D.
Shade trees. The contract shall contain a further
undertaking to reset any shade trees which are not properly aligned
or perpendicularly set and to replace any which do not thrive during
the one-year period subsequent to completion and acceptance of the
improvement by the Borough.
E.
Surety bond. The applicant shall likewise furnish
a surety bond in such amount as may be deemed necessary for the proper
protection of the Borough against any expense in the event of a default,
conditioned upon the fulfillment of all of the terms and conditions
of the contract.
The work shall be done under the general supervision
of the Borough Engineer, and the application shall include an undertaking
by the applicant to pay his supervision and inspection fees.
All new streets shall be fully improved by the
construction of trunk and lateral sanitary sewers, pavement, storm
sewers, drains and curbs and by such other improvements as may be
deemed necessary and proper by the Mayor and Council.
In the construction of new streets, the applicant shall, as a part of the improvement, install and pay for street name signs at such places as may be designated by the Borough Engineer and shall likewise plant shade trees in accordance with the requirements of Chapter 214, Shade Trees.
A.
When accepted. No street shall be deemed accepted
by the Borough until it has been completely and fully improved, as
provided for in this article, and accepted by ordinance.
B.
Final inspection. The Borough Engineer shall make
a final inspection of completed streets immediately upon being notified
by the developer of their completion and report his findings and recommendations
in writing to the Mayor and Council.
C.
Certificate of approval. The Borough Engineer shall
not issue any certificate of approval without the prior authority
of the Mayor and Council by resolution.
D.
Expenses to be deposited. The developer shall, at
the time of submitting the Engineer's approval, deposit with the Borough
an amount sufficient to defray the costs of drawing, publishing, legal
approval and recording of the ordinance accepting the street or improvement.
E.
Acceptance ordinance. The Mayor and Council shall,
upon being satisfied that all of the prerequisites herein provided
have been met, introduce an acceptance ordinance.
F.
Acceptance not release. The passage of an acceptance
ordinance shall not in any way be deemed to release the developer
from any of the provisions of his contract or from the obligations
of his bonds.
