The applicant shall construct all streets, together
with all other improvements, including grading, paving, curbs, gutters,
sidewalks, streetlights, fire hydrants, water mains, street signs,
shade trees, storm drainage facilities, sanitary sewers, landscaping,
traffic control devices, open space and restricted areas and erosion
and sediment control measures in conformance with the final plan as
approved, the applicable provisions of Pennsylvania Department of
Transportation specifications, Form 408, dated 1976, or the latest
revision thereto, and other applicable regulations.
A.Â
The construction of installation of all improvements
shall at all times be subject to inspection by representatives of
the Borough. If such inspection reveals that work is not in accordance
with approved plans and specifications, that construction is not being
done in a workmanlike manner or that erosion or sediment controls
are failing to prevent accelerated erosion or waterborne sediment
from leaving the site of construction, said representative is empowered
to require corrections to be made and/or the suspension of subdivision
approval and to issue a cease-and-desist order which may include any
or all of the following sanctions:
B.Â
Said cease-and-desist order shall be terminated upon
determination by the Borough that said defects or deviations from
plan requirements have been corrected.
C.Â
No underground pipes, structures, subgrades or base course shall be covered until inspected and approved by the Borough. A minimum of seven inspections by the designated representative shall be required. These inspections shall be effected in accordance with Subsection A, above and shall occur at the following intervals:
(1)Â
Upon completion of rough grading, but prior to placing
topsoil, installing permanent drainage or other site improvements
or establishing covers.
(2)Â
Upon excavation and completion of subgrade.
(3)Â
Upon excavation, installation and completion of drainage
structures, sanitary sewer systems or water supply systems. The sanitary
sewer system and water system shall be satisfactorily air tested before
approved by the Borough. Said air testing shall be performed in accordance
with the specifications of the Borough Engineer and the engineer for
the Downingtown Municipal Water Authority.
(4)Â
Before placing stone base course, or before initial
laying of screenings.
(5)Â
Before binder course.
(6)Â
Before wearing course.
(7)Â
Final inspection.
D.Â
The developer shall notify the designated representative
of the Borough (usually the Borough Engineer) at least 24 hours in
advance of completion of any construction operations requiring inspection.
A.Â
When the developer has completed all of the necessary
and appropriate improvements, he shall notify the 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
to inspect all of the aforesaid improvements. The Borough Engineer
shall, thereupon, file a report, in writing, with the Council, and
shall promptly mail a copy of the same to the developer by certified
mail. The report shall be made and mailed within 30 days after receipt
by the Borough Engineer of the aforesaid authorization from the Council;
said report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part. If said improvements
or any portion thereof shall not be approved or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
B.Â
The Council shall notify the developer, in writing,
by certified mail, of the action of the Council with regard to approval,
nonapproval or rejection of improvements.
C.Â
If any portion of said improvements shall not be approved
or shall be rejected by the Council, the developer shall proceed to
complete those improvements and, upon completion, the same procedure
of notification as outlined herein shall be followed.
D.Â
The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Council. In addition, 10% of the performance guaranty shall be held back by the Borough until the developer has posted a maintenance guaranty as provided for in § 256-62 below, and until as-built plans are verified and accepted by the Borough.
Within 30 days after completion and Borough
approval of the subdivision or land development improvements as shown
on the final plans and before Borough acceptance of such improvements,
the developer shall submit to the Council a corrected copy of said
plans, showing actual dimensions and conditions of streets and all
other improvements, certified by a professional engineer to be in
accordance with actual construction.
A.Â
Upon completion of any public improvements shown on
an approved subdivision plan and within 90 days after approval of
such public improvements as herein provided, the developer shall submit
written offer of such public improvements for dedication to the Borough.
Said offer shall include a deed of dedication covering said public
improvements, together with satisfactory proof establishing the developer's
clear title to said property. Such documents are to be filed with
the Borough Secretary for review by the Borough Solicitor. Deeds of
dedication for public improvements may be accepted by resolution of
the Council at a regular meeting of the same. The Council may require
that at least 50% of the lots in any approved subdivision or land
development (or phase thereof, if final plan approval has been in
phases) have certificates of occupancy issued for building thereon
prior to acceptance of dedication. Should the streets, even though
constructed according to the specifications of this chapter, deteriorate
before said 50% of the lots have certificates of occupancy issued,
such streets shall be repaired in a manner acceptable to the Council
before being accepted by the Borough.
B.Â
The Council may require that certain subdivision and
land development improvements remain undedicated, with maintenance
the responsibility of individual lot owners, a homeowners' association
or similar entity or an organization capable of carrying out maintenance
responsibilities.
A.Â
Where the Council accepts dedication of all or some of the required improvements following completion, whether such dedication is of the fee or of an easement, the Council shall require the posting of a maintenance bond to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guaranty, as described in § 256-20 hereof, shall be for a term of 12 months from the date of the acceptance of dedication and shall be in an amount equal to 15% of the actual costs of installation of the improvements so dedicated.
B.Â
Where maintenance of stormwater retention facilities or private streets is to be the responsibility of individual lot owners, a homeowners' association or similar entity or an organization capable of carrying out maintenance responsibilities, the Council shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest and may further require that an initial maintenance fund be established in a reasonable amount. Landowners shall also be responsible for any other maintenance requirements or fees that may be required under Chapter 246, Stormwater Management.
[Amended 12-18-2013 by Ord. No. 2013-11]
