[Ord. 686, 8/12/2015]
701.1.
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:
701.2.
At the Township Engineer's discretion, the Township Engineer
or his/her 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 § 22-1101.1C of this chapter.
701.3.
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 Township Engineer upon completion
of the project. The inspection reports will be submitted to the Township
as part of its infrastructure improvement acceptance verification.
[Ord. 686, 8/12/2015]
702.1.
Public Improvements. When the contractor has completed the required public improvements in a plan, the developer shall notify the Township Manager, with a copy to the Township Engineer, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, the Township 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 Part 9 of this chapter and the Infrastructure Improvement and Development Specifications.
702.2.
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 Manager for a final inspection as a prerequisite to the certificate of completion required by § 22-710 of this chapter.
[Ord. 686, 8/12/2015]
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 Zoning
Officer by the developer within 10 days of the mailing of the notice
of completion. An electronic form of the plan, compatible with the
Township's graphic information system, and a sepia and print of each
"as-built" drawing for public and/or private 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.
[Ord. 686, 8/12/2015]
704.1.
Township Engineer's Report. Upon authorization by the Township
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 Township Board of Commissioners,
the Township Engineer shall file a report, in writing, with the Township
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.
704.2.
Notification of Developer by the Township. The Township Board
of Commissioners 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 Township Board of Commissioners with relation
to approval or rejection of the public improvements.
704.3.
Failure of the Township to Comply. If the Township Board of Commissioners or the Township Engineer fails to comply with the time limitation provisions contained in § 22-704, 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.
704.4.
Completion of Rejected Public Improvements. If any portion of
the public improvements shall not be approved or shall be rejected
by the Township 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 Part, shall be followed.
704.5.
Developer's Rights. Nothing in this Part, however, shall be
construed to limit the developer's right to contest or question, by
legal proceedings or otherwise, any determination of the Township
Board of Commissioners or the Township Engineer.
704.6.
Release of Performance Bond.
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 the
Township Board of Commissioners. The Township 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 and the approved final plat and approved final construction
plans.
C.
Upon such certification by the Township Engineer, the Township 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 Township 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.
[Ord. 686, 8/12/2015]
705.1.
Upon completion of the final inspection and subject to the completion
by the developer of any conditions for acceptance that are set forth
in the developer's agreement and approval of the public improvements,
the developer shall submit a request to the Township Board of Commissioners,
in writing, to accept the dedication of the public improvements.
705.2.
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 Township Board of Commissioners. At the regular meeting, the Township 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 § 22-707 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.
705.3.
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.
[Ord. 686, 8/12/2015]
706.1.
The following conditions must be met prior to the acceptance
of public streets in the Township:
A.
Delivery of a maintenance bond acceptable to the Township Engineer
and Township Solicitor.
B.
Receipt of a certificate from the Township Engineer stating that
said improvements have been completed in accordance with the approved
plans, including, but not limited to, satisfaction of any comments
issued in letter form by the Township Engineer.
C.
Receipt of a certificate from the developer stating that bills in
connection with the improvements have been paid.
D.
Proof of clear title to the property being dedicated in a form reasonably
acceptable to the Township Solicitor.
E.
Complete and satisfactory performance of the developer's obligations
under the developer's agreement, including, but not limited to, payment
of all expenses incurred by the Township that are reimbursable thereafter.
G.
Receipt by the Township of copies of all applicable permits required
by any other governmental body.
706.2.
At least 80% of the residential dwelling units and 100% of any
nonresidential structures to be accessed by streets must be built
before the street will be accepted. If dwellings units are occupied
on a street that is built generally to the Township's specifications
but has not yet been accepted by the Township due to insufficient
build-out, the Township will provide the same salting and snow removal
service delivered to Township streets, provided that the Township
is reimbursed for the equivalent to the dollar amount per lane mile
that the Township is offered by PennDOT in a given year for salting
and removing snow from PennDOT-owned roads in the Township. Payment
shall be made by October 31 preceding the winter months during which
the salting and plowing is to be provided. The Township reserves the
right at any time to refuse to salt or plow should the road surface
or other conditions present, in the opinion of the Township Engineer
or the Township Road Supervisor, an unreasonable obstacle or danger
to Township road crews or vehicles.
[Ord. 686, 8/12/2015]
707.1.
When Township Board of Commissioners accepts the dedication of all or some of the required public improvements in a plan, following their completion, the Township 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 Part 9, the Infrastructure Improvement and Development Specifications and the specifications of the final plat.
707.2.
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 Board of Commissioners. The amount of the maintenance
bond shall be 15% of the actual cost of installation of the public
improvements.
[Ord. 686, 8/12/2015]
708.1.
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 Township 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 Township
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 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.
708.2.
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 Township 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 Township 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.
[Ord. 686, 8/12/2015]
709.1.
Within 30 days of receiving a written notice of completion from the developer, and the as-built plans required by § 22-703, the Township Zoning Officer and the Township Engineer shall perform a final inspection of the private improvements to determine compliance with the design standards of Part 9 of this chapter and all applicable requirements of the Township Zoning Ordinance [Chapter 27]. The Township Engineer and the Township Zoning Officer shall each sign the certificate of completion required by § 22-710 only if all features of the approved plan have been constructed and the required as-built plans have been received.
709.2.
If deficiencies are found, the Township Zoning 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 §§ 22-702, 22-709, and 22-710 of this chapter.
[Ord. 686, 8/12/2015]
If, upon final inspection of the site by the Township Engineer and the Township Zoning 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 [Chapter 27], and the terms of the approved plan, the Township Zoning Officer shall issue a certificate of completion which bears the signatures of the Township Engineer and the Township Zoning Officer. The certificate of completion shall be prerequisite to the issuance of the permanent certificate of occupancy required by the Township Zoning Ordinance [Chapter 27].
[Ord. 686, 8/12/2015]
Issuance of the certificate of completion of private improvements required by § 22-710 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 or the Township 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 Township. A maintenance bond shall not be required to be posted for private improvements as a condition of release of the amenities bond.
[Ord. 686, 8/12/2015]
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 [Chapter 27] are involved, a violation of the Township Zoning Ordinance, as well, and shall be subject to the applicable enforcement provisions of that ordinance.