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
required progress inspections specified in the Township Construction
Standards are undertaken.
B.
At the Township Engineer's discretion, an 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 § 215-90C of this chapter.
C.
The inspector shall maintain a daily log of all inspections.
The log shall be kept in a survey field book and shall be turned over
to the Township Engineer upon completion of the project, and copies
of the reports shall be forwarded to the contractor upon receipt.
A.
Public improvements. When the contractor has completed the required public improvements in a plan, the developer shall notify the Township Manager, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, the Board of Commissioners shall authorize the Township Engineer to conduct a final inspection of the public improvements in the plan to determine compliance with the design standards specified in Article VIII of this chapter and the Township Construction Standards.
B.
Private improvements. 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 Township Code Enforcement Officer for a final inspection as a prerequisite to the certificate of completion required by § 215-60 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
Township Manager by the developer within 10 days of the mailing of
the notice of completion. A sepia and print of each as-built drawing
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.
A.
Township Engineer's report. Upon authorization by
the Board of Commissioners, the Township Engineer shall perform a
final inspection of the public improvements in the plan. Within 30
days of receiving the authorization by the Board of Commissioners,
the Township Engineer shall file a report, in writing, with the Board
of Commissioners 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 Township Engineer
shall promptly mail a copy of said report to the developer by certified
or registered mail.
B.
Notification of developer by the Township. The Board
of Commissioners shall notify the developer, in writing, by certified
mail, within 15 calendar days of receipt of the Township Engineer's
report, of the action of the Board of Commissioners with relation
to approval or rejection of the public improvements.
C.
Failure of the Township to comply. If the Board of
Commissioners or the Township Engineer fails to comply with the time
limitation provisions contained in this article, all public improvements
will be deemed to have been approved and the contractor shall be released
from all liability.
D.
Completion of rejected public improvements. If any
portion of the public improvements shall not be approved or shall
be rejected by the Board of Commissioners, 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.
E.
Developer's rights. 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 the Board
of Commissioners or the Township Engineer.
F.
Release of performance bond.
(1)
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.
(2)
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 the Board of Commissioners. The Board of Commissioners shall have
45 days from the receipt of such request to allow the Township 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, the approved final plat, the approved final construction
plans and the completion requirements specified in the Township Construction
Standards.
(3)
Upon such certification by the Township Engineer,
the Board of Commissioners shall authorize release of an amount as
estimated by the Township Engineer which fairly represents the value
of the improvements completed. The Board of Commissioners 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 approval of the public improvements, the developer shall submit a request to the Board of Commissioners, 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 15 calendar days prior to the regular meeting of the Board of Commissioners. At the regular meeting, the Board of Commissioners shall enact an ordinance accepting the public improvements as part of the Township's public facilities, subject to the posting of the maintenance bond required by § 215-57 of this chapter.
B.
No property or public improvements shown on a final
plat shall be considered to have been finally accepted by the Township
until the dedication thereof has been officially accepted by adoption
of an ordinance of the Township, duly enacted and advertised in accordance
with law.
A.
When the Board of Commissioners accepts the dedication of all or some of the required public improvements in a plan, following their completion, the Board of Commissioners 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 VIII, the Township Construction Standards 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 the Board of Commissioners. The amount of the maintenance bond
shall be 15% of the actual cost of installation of the public improvements.
A.
Completion of 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, the Board of Commissioners
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, the Board of
Commissioners 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 contractor, or both, shall be used solely for the installation
of said public improvements and not for any other municipal purpose.
B.
Remedies to complete private improvements. 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, the Board of Commissioners 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, the Board
of Commissioners 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 § 215-54, the Township Code Enforcement Officer and the Township Engineer shall perform a final inspection of the private improvements to determine compliance with the design standards of Article VIII of this chapter and all applicable requirements of the Township Zoning Ordinance. The Township Engineer and the Township Code Enforcement Officer shall each sign the certificate of completion required by § 215-60, 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 Township Code Enforcement Officer shall issue a written notice to the developer, including written comments from the Township 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 §§ 215-53, 215-59 and 215-60 of this chapter.
If, upon final inspection of the site by the
Township Engineer and the Township Code Enforcement Officer, the installation
of all private improvements has been satisfactorily completed in accordance
with the provisions of this chapter, all applicable provisions of
the Township Zoning Ordinance, and the terms of the approved plan,
the Township Code Enforcement Officer shall issue a certificate of
completion which bears the signatures of the Township Engineer and
the Township Code Enforcement Officer. The certificate of completion
shall be prerequisite to the issuance of the permanent certificate
of use and occupancy required by the Township Zoning Ordinance.
Issuance of the certificate of completion of private improvements required by § 215-60 shall indicate approval by the Township 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 Township 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 Township. 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 Township. 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 Township. 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 Township shall constitute
a violation of this chapter and, if requirements of the Township Zoning
Ordinance, are involved, a violation of the Township Zoning Ordinance,
as well, and shall be subject to the applicable enforcement provisions
of that ordinance.
