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 Borough 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 § 183-55C 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 Borough Engineer upon completion of the project.
When the developer has completed the required public improvements in a plan, the developer shall notify the Borough, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, the Borough Council shall authorize the Borough 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 Borough construction standards.[1]
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 Borough 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. Horizontal angles between sanitary sewer manholes
shall be shown.
A.
Borough Engineer's report. Upon authorization by the Borough
Council, the Borough Engineer shall perform a final inspection of
the public improvements in the plan. Within 30 days of receiving the
authorization by the Borough Council, the Borough Engineer shall file
a report, in writing, with the Borough 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 Borough Engineer shall promptly mail a copy
of said report to the developer by certified or registered mail.
B.
Notification of developer by Borough Council. The Borough Council
shall notify the developer, in writing, by certified mail, within
15 days of receipt of the Borough Engineer's report, of the action
of the Borough Council with relation to approval or rejection of the
public improvements.
C.
Failure of Borough to comply. If the Borough Council or the Borough
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 Borough.
D.
Completion of rejected public improvements. If any portion of the
public improvements shall not be approved or shall be rejected by
the Borough 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 Borough
Council or the Borough Engineer.
F.
Release of completion bond.
(1)
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.
(2)
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
Borough Council. The Borough Council shall have 45 days from the receipt
of such request to allow the Borough 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 Borough Engineer, the Borough Council
shall authorize release of an amount as estimated by the Borough Engineer
which fairly represents the value of the improvements completed. The
Borough Council shall 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 final inspection and approval of the public improvements, the developer shall submit a request to the Borough 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 the Borough Council. At the regular meeting, the Borough Council shall enact an ordinance accepting the public improvements as part of the Borough's public facilities, subject to the posting of the maintenance bond required by § 183-28 of this chapter.
B.
No property or public improvement shown on a final plat shall be
considered to have been finally accepted by the Borough until the
dedication thereof has been officially accepted by adoption of an
ordinance of the Borough, duly enacted and advertised in accordance
with law.
A.
When the Borough Council accepts the dedication of all or some of the required public improvements in a plan, following their completion, the Borough Council 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 VI, the Borough construction standards[1] 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
Borough 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, the Borough 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 Borough
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 municipal purpose.
Approval of private improvements for which an amenities bond
has been posted and final release of that 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 Borough 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 Borough. A maintenance bond shall not be required
to be posted for private improvements as a condition of release of
the amenities bond.
