A.
The developer shall notify the inspector by certified mail at least
72 hours prior to beginning any installation of public improvements
in an approved plan.
(1)
The inspector shall prepare a written report of all inspections in
duplicate on forms provided by the Borough. One copy shall be retained
by the Borough and one copy shall be retained by the Borough Engineer.
A.
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, Borough Council shall authorize the Borough Engineer to inspect the public improvements in the plan to determine compliance with the design standards specified in Article VIII of this chapter and the Borough Public Improvements Code.
A.
Upon completion of the public improvements in a plan, "record" 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.
Borough Engineer's report:
(1)
Upon authorization by 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 Borough Council,
the Borough Engineer shall file a report, in writing, to 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 this report to the developer by certified
or registered mail.
B.
Notification of developer by Borough Council:
(1)
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 Borough Council related to approval or rejection
of the public improvements.
C.
Failure of the Borough to comply:
(1)
If 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:
(1)
If any portion of the public improvements shall not be approved or
shall be rejected by Borough Council, the developer shall proceed
to make the required corrections or additions and, upon completion,
the same procedure of notification, inspection and approval shall
be followed as outlined in this article.
E.
Developer's rights:
(1)
Nothing in this article shall be construed to limit the developer's
right to contest or question, by legal proceedings or otherwise, any
determination of 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.
(a)
At intervals 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.
[1]
If Borough Council fails to act within said forty-five-day period,
the Borough Council shall be deemed to have approved the release of
funds as requested.
(b)
Upon such certification by the Borough Engineer, Borough Council
shall authorize release of an amount estimated by the Borough Engineer
which fairly represents the value of the improvements completed, Borough
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 Borough Council, in writing, to accept the dedication of the public improvements. The request for acceptance shall be submitted at least 10 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 § 182-34 of this chapter.
B.
No property or public improvement shown on a final plat shall be
considered to have been 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 Borough Council accepts the dedication of all or some of the
required public improvements in a plan, following their completion,
Borough 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 the Borough 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 acceptance of the public improvements by Borough
Council. The amount of the maintenance bond shall be 15% of the actual
cost of installation of the public improvements.
A.
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.
(1)
If proceeds from the completion bond are insufficient to pay the
cost of installing, or making repairs or corrections to, all improvements
guaranteed by such completion bond, 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.
A.
Approval of common amenities for which a completion bond has been
required and final release of the completion bond shall only indicate
compliance with the specifications shown on the approved plan.
B.
Such approval and release of completion bond shall not imply approval
by the Borough for the method of construction or the structural integrity
of the common amenities, nor shall there be a liability associated
with or responsibility for maintenance of those common amenities by
the Borough.
(1)
A maintenance bond shall not be required to be posted for common
amenities.
