A.
The developer 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 developer shall notify the inspector
at least 72 hours prior to the time that the following required progress
inspections are desired:
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 § 242-98C.
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 developer upon receipt.
When the developer has completed the required public improvements in a plan the developer shall notify the Township, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, the Board of Supervisors 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.[1]
[1]
Editor's Note: The Township of Union Construction Standards
are on file in the office of the Township Secretary.
Upon completion of the public improvements in a plan, "as-built"
plans and profiles of the public improvements, as constructed, shall
be filed with the Township by the developer within 10 days of the
mailing of the notice of completion. A mylar 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. Horizontal angles between sanitary sewer
manholes shall be shown.
A.
Township Engineer's report. Upon authorization by the Board
of Supervisors, 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 Supervisors, the Township Engineer
shall file a report, in writing, with the Board of Supervisors 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 Board of Supervisors. The Board
of Supervisors shall notify the developer, in writing, by certified
mail, within 15 days of receipt of the Township Engineer's report,
of the action of the Board of Supervisors with relation to approval
or rejection of the public improvements.
C.
Failure of Township to comply. If the Board of Supervisors 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 developer shall be released from all
liability pursuant to the performance bond posted with the Township.
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 Supervisors, the developer 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 Supervisors 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 developer 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 Supervisors. The Board of Supervisors 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 and the approved final plat.
(3)
Upon such certification by the Township Engineer, the Board of Supervisors
shall authorize release of an amount as estimated by the Township
Engineer which fairly represents the value of the improvements completed.
The Board of Supervisors 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 Supervisors, 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 the Board of Supervisors. At the regular meeting, the Board of Supervisors 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 § 242-57 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 Supervisors accepts the dedication of all or some of the required public improvements in a plan following their completion, the Board of Supervisors shall require the posting of a maintenance bond, as defined by this chapter, to ensure 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.[1]
[1]
Editor's Note: The Township of Union Construction Standards
are on file in the office of the Township Secretary.
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 Supervisors. 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 prior
to the expiration of the performance bond, the Board of Supervisors
shall have the power to enforce the performance bond by appropriate
legal and equitable remedies provided by the laws of the Commonwealth
of Pennsylvania. If proceeds from the performance bond are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements guaranteed by such performance bond, the Board
of Supervisors may, at its option, install part of such improvements
in all or part of the subdivision or land development 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, or both, shall be used solely
for the installation of the improvements guaranteed by such performance
bond and not for any other municipal purpose.
Approval of private improvements for which an amenities bond
has been posted and final release of the amenities bond 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.
