Prior to any roadway, street, sidewalk or sewer
being accepted as a part of the public highway system of the Municipality
as hereinafter provided, any subdivider or developer shall post a
maintenance bond and/or other security naming the Municipality as
obligee in the amount of 15% of the actual cost of installation of
said improvements to insure maintenance of said improvements for a
period of at least 18 months from the date of acceptance by the Municipality.
Where the subdivision contains water supply
systems, park areas, street trees or other physical facilities necessary
or desirable for the welfare of the area and which are of common use
or benefit and which are of such character that the Municipality or
other public agency does not desire to maintain them, then provisions
shall be made by trust agreements which are a part of the deed restrictions
and which are acceptable to the Council for the proper and continuous
maintenance and supervision of such facilities by the lot owners in
the subdivision.
Whenever the subdivision or land development involved has controlled land operations activity, the maintenance requirements of Chapter 124, Grading, Excavations and Filling, shall apply.
A.
The contractor shall notify the Inspector at least
72 hours prior to beginning any installation of public improvements
in an approved plan. While work is in progress, the contractor shall
notify the Inspector at least 72 hours prior to the time that the
following required progress inspections are scheduled:
B.
At the Municipal Engineer's discretion, the Municipal Engineer or designated inspector may be required to be present at the site on a continual basis while work is in progress. The cost of providing a full-time or part-time inspector shall be charged to the developer in accordance with § 201-148 of this chapter.
C.
The Inspector shall maintain a daily log of all inspections,
including the description of the work inspected, results and the time
spent on the inspection. The log shall be kept in a survey field book
and shall be turned over to the Municipal Engineer upon completion
of the project. The inspection reports will be submitted to the Municipality
as part of the infrastructure improvement acceptance verification.
When the contractor has completed the required public improvements in a plan, the developer shall notify the Chief Administrator, with a copy to the Municipal Engineer, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, Council shall authorize the Municipal Engineer to conduct a final inspection of the public improvements in the plan to determine compliance with the design standards specified in Article VI of this chapter and the infrastructure improvement and development specifications.
When the developer has completed the required private improvements in an approved land development plan, the developer shall make a request, in writing, to the Chief Administrator for a final inspection as a prerequisite to the certificate of completion required by § 201-109 of this chapter.
Upon completion of the public and/or private
improvements in a plan, as-built plans and profiles of the public
and/or private improvements, as constructed, shall be filed with the
Director of Community Development by the developer within 10 days
of the mailing of the notice of completion. A sepia and print of each
as-built drawing for public improvements shall be submitted. As-built
plans and profiles shall be marked "as-built" and shall contain the
final grade of all sanitary and storm sewers and appurtenances.
Upon authorization by Council, the Municipal
Engineer shall perform a final inspection of the public improvements
in the plan. Within 30 days of receiving the authorization by Council,
the Municipal Engineer shall file a report, in writing, with Council
indicating approval or rejection of the improvements, either in whole
or in part, and in the case of rejection shall provide a statement
of the reasons for such rejection. The Municipal Engineer shall promptly
mail a copy of said report to the developer by certified or registered
mail.
Council shall notify the developer, in writing,
by certified mail, within 15 days of receipt of the Municipal Engineer's
report, of the action of Council with relation to approval or rejection
of the public improvements.
If Council or the Municipal Engineer fails to comply with the time limitation provisions contained in § 201-99, all public improvements will be deemed to have been approved and the contractor shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.
If any portion of the public improvements shall
not be approved or shall be rejected by Council, the contractor shall
proceed to make the required corrections or additions and, upon completion,
the same procedure of notification, inspection and approval, as outlined
in this article, shall be followed.
Nothing in this article, however, shall be construed
to limit the developer's right to contest or question, by legal proceedings
or otherwise, any determination of Council or the Municipal Engineer.
A.
Upon approval of all of the public improvements in
the plan, the developer shall be released from any liability pursuant
to the performance bond posted to guarantee the proper installation
of those improvements.
B.
From time to time during the installation of the public
improvements, the contractor may request partial release of the performance
bond in an amount necessary for payment of contractors performing
the work. Any such request shall be in writing and shall be addressed
to Council. Council shall have 45 days from the receipt of such request
to allow the Municipal Engineer to certify, in writing, that such
portion of the installation of public improvements has been completed
in accordance with the requirements of this chapter and the approved
final plat and approved final construction plans.
C.
Upon such certification by the Municipal Engineer,
Council shall authorize release of an amount as estimated by the Municipal
Engineer which fairly represents the value of the improvements completed.
Council shall require retention of 10% of the estimated cost of such
improvements until such time as all improvements have been installed
and the performance bond is released in its entirety.
A.
Upon completion of the final inspection and subject to the completion by the developer of any conditions for acceptance that are set fourth in the developer's agreement and approval of the public improvements, the developer shall submit a request to Council, in writing, to accept the dedication of the public improvements. The request for acceptance shall include deeds of dedication and all other legal descriptive documents necessary to prepare an ordinance and shall be submitted at least 10 calendar days prior to the regular meeting of Council. At the regular meeting, Council shall enact an ordinance accepting the public improvements as part of the municipal public facilities, subject to the posting of the maintenance bond required by § 201-105 of this chapter and subject to the completion by the developer of any conditions for acceptance that are set forth in the developer's agreement.
B.
No property or public improvements shown on a final
plat shall be considered to have been finally accepted by the Municipality
until the dedication thereof has been officially accepted by adoption
of an ordinance of the Municipality duly enacted and advertised in
accordance with law.
A.
When Council accepts the dedication of all or some of the required public improvements in a plan, following their completion Council shall require the posting of a maintenance bond, as defined by this chapter, to insure the structural integrity of the improvements and to guarantee the proper functioning of those improvements in accordance with the design standards of Article VI, the infrastructure improvement and development specifications and the specifications of the final plat.
B.
The term of the maintenance bond shall be for a period
of 18 months from the date of the acceptance of the public improvements
by Council. The amount of the maintenance bond shall be 15% of the
actual cost of installation of the public improvements.
In the event that the public improvements required
to be installed by the provisions of this chapter are not installed
in accordance with the requirements of this chapter or the approved
final plat, Council shall have the power to enforce the performance
bond by legal and equitable remedies. If the proceeds of the performance
bond are insufficient to pay the cost of installing or making repairs
or corrections to all the improvements covered by the performance
bond, Council may, at its option, install part of such improvements
in all or part of the approved final plan and may institute appropriate
legal or equitable action to recover the monies necessary to complete
the remainder of the improvements. All of the proceeds, whether resulting
from the performance bond or from any legal or equitable action brought
against the developer and/or the contractor, or both, shall be used
solely for the installation of said public improvements and not for
any other municipal purpose.
In the event that the private improvements required
to be installed by the provisions of this chapter are not installed
in accordance with the requirements of this chapter or the approved
final plan prior to the expiration of the amenities bond, Council
shall have the power to enforce the amenities bond by appropriate
legal and equitable remedies provided by the laws of the Commonwealth
of Pennsylvania. If proceeds from the amenities bond are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements guaranteed by such amenities bond, Council may,
at its option, install part of such improvements in all or part of
the approved final plan and may institute appropriate legal or equitable
action to recover the monies necessary to complete the remainder of
the improvements. All of the proceeds, whether resulting from the
amenities bond or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the improvements guaranteed by such amenities bond and not for
any other municipal purpose.
A.
Within 30 days of receiving a written notice of completion from the developer and the as-built plans required by § 201-97, the Director of Community Development and the Municipal Engineer shall perform a final inspection of the private improvements to determine compliance with the design standards of Article VI of this chapter and all applicable requirements of the Murrysville Zoning Ordinance.[1] The Municipal Engineer and the Director of Community Development shall each sign the certificate of completion required by § 201-109 only if all features of the approved plan have been constructed and the required as-built plans have been received.
B.
If deficiencies are found, the Director of Community Development shall issue a written notice to the developer, including written comments from the Municipal Engineer if applicable. The developer shall proceed to make the required corrections or additions and, upon completion, shall follow the same procedure of notification, inspection and approval outlined in §§ 201-103, 104 and 105 of this chapter.
If upon final inspection of the site by the
Municipal Engineer and the Director of Community Development the installation
of all private improvements has been satisfactorily completed in accordance
with the provisions of this chapter, all applicable provisions of
the Murrysville Zoning Ordinance, and the terms of the approved plan,
the Director of Community Development shall issue a certificate of
completion which bears the signatures of the Municipal Engineer and
the Director of Community Development. The certificate of completion
shall be prerequisite to the issuance of the permanent certificate
of occupancy required by the Murrysville Zoning Ordinance.
Issuance of the certificate of completion of private improvements required by § 201-109 shall indicate approval by the Municipality of private improvements for which an amenities bond has been posted. Final release of the amenities bond shall not occur until the certificate of completion is issued and shall only indicate compliance with the specifications shown on the approved plan. Such approval and release of the amenities bond shall not imply approval by the Municipality or the Municipal Engineer of the method of construction or the structural integrity of the private improvements, nor shall there be any liability associated with or responsibility for maintenance of those private improvements by the Municipality. A maintenance bond shall not be required to be posted for private improvements as a condition of release of the amenities bond.
Following issuance of the certificate of completion
and release of the amenities bond, the landowner shall be responsible
for maintaining all private improvements in good condition and repair
to the satisfaction of the Municipality. All private improvements
shown on the approved land development plan shall be maintained in
the location shown on the approved plan and in conformance with the
specifications shown on the approved plan, unless a revised plan is
subsequently approved by the Municipality. Said maintenance shall
include that of stormwater facilities such that said facilities function
in the manner approved. Failure to continue to maintain private improvements
in an approved plan or any deviation from the terms of the approved
plan without prior approval of the Municipality shall constitute a
violation of this chapter and, if requirements of other ordinances,
including but not limited to Grading, Zoning, and Stormwater, are
involved, a violation of said ordinances as well, and shall be subject
to the applicable enforcement provisions of those ordinances.
