No improvements shall be installed until necessary plans, profiles and specifications for the improvements have been submitted to and finally approved by the Township and the completion bond, as required by § 280-19, and a fully executed development agreement, as required by § 280-20, have been submitted. The developer shall notify the Inspector at least 72 hours prior to beginning any installation of public improvements in an approved plan.
A.
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.
The Inspector shall prepare a written report of all inspections in
duplicate on forms provided by the Township. One copy shall be retained
by the Township, and one copy shall be retained by the Township Engineer.
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 15 days of the receipt of such notification. Township Council shall authorize the Township Engineer to inspect the public improvements in the plan to determine compliance with the design standards specified in Article VI of this chapter and the Township Construction Standards.
A.
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 30 days of the mailing
of the notice of completion. Filing of as-built plans shall be required
before the Township considers acceptance of the public improvements.
B.
As-built plans shall show the top and invert elevations for all manholes,
inlets and sewer structures, the distance between all manholes, inlets
and sewer structures, wye locations on all sanitary sewers and significant
changes to the street profiles.
A.
Township Engineer's report. Upon authorization by the Township
Council, the Township Engineer shall perform a final inspection of
the public improvements in the plan. Within 30 days of receiving the
authorization by the Township Council, the Township Engineer shall
file a report, in writing, 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 Township Council. The Township Council
shall notify the developer, in writing, by certified mail, of the
action of Township Council with relation to approval or rejection
of the public improvements.
C.
Failure of Township to comply. If the Township Council 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 completion 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 Township Council, 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 Township
Council or the Township Engineer.
F.
Release of completion bond. Upon approval of all of the public improvements
in the plan, the developer shall be released from any liability pursuant
to the completion bond posted to guarantee the proper installation
of those improvements.
(1)
From time to time during the installation of the public improvements,
the developer may request partial release of the completion 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
Township Council. Township Council 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.
(2)
Upon such certification by the Township Engineer, Township Council
shall authorize release of an amount as estimated by the Township
Engineer which fairly represents the value of the improvements completed.
The Township Council may require retention of 10% of the estimated
cost of such improvements until such time as all improvements have
been installed and the completion bond is released in its entirety.
A.
Upon completion of the inspection and approval of the public improvements, the developer shall submit a request to the Township Council, in writing, to accept the dedication of the public improvements. The request for acceptance shall be accompanied by a legal description of the rights-of-way for all streets to be dedicated to the public and shall be submitted at least 10 days prior to the regular meeting of Township Council. Upon favorable report by the Township Engineer, the Township Council shall enact an ordinance, at a regular meeting, accepting some or all of the public improvements as part of the Township's public facilities, subject to the posting of the maintenance bond required by § 280-31 of this chapter.
B.
No property or public improvement 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, the cost of said advertisement to be at the developer's
expense.
A.
When the Township Council accepts the dedication of all or some of the required public improvements in a plan, following their completion, the Township Council shall require the posting of a maintenance bond, as defined by this chapter, to secure the structural integrity of the improvements and to guarantee the proper functioning of those improvements in accordance with the design standards of Article VI of this chapter, the Township Construction Standards[1] and the specifications of the final plat.
[1]
Editor's Note: The Standards of Construction are on file in
the office of the Township Manager and available for public inspection
upon request.
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 Township
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 prior
to the expiration of the completion bond, Township Council shall have
the power to enforce the completion bond by appropriate legal and
equitable remedies provided by the laws of the Commonwealth of Pennsylvania.
If proceeds from the completion bond are insufficient to pay the cost
of installing or making repairs or corrections to all the improvements
guaranteed by such completion bond, the Township Council 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 moneys necessary to complete the remainder of
the improvements. All of the proceeds, whether resulting from the
completion 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 completion bond and not for
any other Township purpose.
