Borough of West Chester, PA Article VI Construction; Acceptance of Improvements

§ 97-45 Soil erosion and sedimentation control.

A. The provisions of the soil erosion and sedimentation control plan, approved by Borough Council, shall be implemented by the developer before and during the construction of all improvements, and shall be subject to review and approval of the Chester County Conservation District, as well as the Pennsylvania DEP and an NPDES permit.

B. Sedimentation basins, including riser and discharge piping, diversions and sediment barriers, shall be in place before grading is commenced. Upon completion of grading, topsoil stripped and preserved during the course of development shall be redistributed on the site as cover in the final landscaping and all areas shall be promptly seeded and mulched and/or sodded. Paving base shall be placed promptly to prevent soil erosion of proposed paved areas.

§ 97-46 Construction requirements.

The applicant shall construct all streets, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, street trees, 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 the Pennsylvania Department of Transportation Specifications, Form 408, or the latest revision, and other applicable regulations.

§ 97-47 Inspections.

A. The construction or installation of all improvements shall be at all times subject to inspection by a designated representative of the Borough. At a minimum, inspection shall be conducted:

(1) Upon completion of rough grading and installation of storm drainage facilities to determine if grading and installation of storm drainage facilities are in accordance with the approved plans.

(2) At the completion of fine grading and before base stone materials are applied.

(3) During and after and upon completion of the base course materials.

(4) During the installation of paving.

(5) Upon completion of all work.

B. The Borough may require the installation of additional base materials, special subgrade materials, underdrains or other facilities or materials required in order to obtain a stable base for streets.

C. The Borough may elect to have the final stable street inspection conducted by representatives of the Pennsylvania Department of Transportation, and the acceptance of the street may be subject to approval of that Department.

§ 97-48 Release from performance guaranty.

A. When the developer has completed all of the necessary and appropriate improvements, he shall notify the Borough in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer or his designate to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report, in writing, with the Borough 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 Borough 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. Approval of improvements shall not be given until all construction debris has been removed from the site; no such debris shall be buried, burned or otherwise disposed of on the site.

C. The Borough Council shall notify the developer, within 45 days of receipt of a request for release of funds, in writing, by certified mail, of the action of Borough Council with regard to approval, nonapproval or rejection of improvements.

D. If any portion of said improvements shall not be approved or shall be rejected by Borough Council, the developer shall proceed to complete those improvements, and, upon completion, the same procedure for notification as outlined herein shall be followed.

E. 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 Borough, or a homeowners' association or individual lot owner. 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 § 97-51 and until as-built plans are verified and accepted by the Borough.

F. Partial releases of the performance guaranty during the period of construction shall be authorized as per § 97-16J.

§ 97-49 As-built plans.

A. Within 30 days after completion and Borough approval of subdivision or land development improvements as shown on final plans and before Borough acceptance of any such improvements, the developer shall submit to Borough Council a corrected copy of said plans showing actual dimensions and conditions of streets and all other improvements, including but not limited to sanitary sewers, sewage treatment plants and sewage disposal facilities, certified by a professional engineer to be in accordance with actual construction.

§ 97-50 Dedication and acceptance of public improvements.

A. Upon completion of any public improvements shown on an approved final 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 Zoning Officer for review by the Borough Solicitor. Deeds of dedication for public improvements may be accepted by resolution of Borough Council at a regular public meeting.

B. The Borough 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.

§ 97-51 Maintenance guaranty.

A. Where Borough 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 Borough shall require the posting of financial security 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 § 97-16 hereof, shall be for the term of 18 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. Where maintenance of stormwater management facilities, private streets or other improvements is to be the responsibility of individual lot owners, a homeowners' association or similar entity or an organization capable of carrying out maintenance responsibilities, Borough Council shall require that maintenance responsibilities be set forth in recorded 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.