After final approval has been granted by the Board of Supervisors,
but before the start of construction, the Township may require a pre-construction
conference to be held at the Township Offices. The developer, the
principal contractor for the development and any other representative
of the developer requested by the Township, shall be required to attend.
The Westmoreland County Conservation District shall also be notified
of such meeting.
A.
General. The Township shall perform periodic inspections of all work
performed under this chapter. The cost and expense of such inspections
shall be the responsibility of the developer.
B.
Fees for inspection of required improvements. The supervisors shall
establish, a fee for the Township's inspection of improvements required
under the provisions of this chapter, including but not limited to
the payment of fees charged by the Township's professional consultants
for their inspection. The release, in whole or in part, of any financial
security posted in connection with such improvements and, if applicable,
the acceptance of such improvements by the Township, shall be contingent
upon the payment of any required fees. The developer shall deposit
with the Township a sum estimated by the Township Engineer to be sufficient
to cover the costs of such inspections. In the event the total inspection
fees incurred are less than the deposited amount, the difference shall
be returned to the developer. In the event the inspection fees exceed
the deposited amount, an additional sum shall be deposited by the
developer with the Township and no further work shall take place on
the project until such additional deposit is made.
C.
Inspection of private improvements. The Township reserves the right
to require inspections of private improvements that impact the public,
health, safety and welfare and are approved as part of a land development
site plan. Any such costs for those inspections shall be borne by
the developer who shall pay such fees prior to the issuance of any
occupancy permit.
D.
Notification of disputes. In the event the applicant disputes the
amount of any such expense in connection with the inspection of improvements,
the applicant shall, within 10 working days of the billing date, notify
the Township that such expenses are disputed as unreasonable or unnecessary,
in which case the Township shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's dispute of inspection expenses.
E.
Dispute resolution. If within 20 days from the date of billing, the
Township and the applicant cannot agree on the amount of inspection
expenses that are reasonable and necessary, then the applicant and
the Township shall follow the procedure for dispute resolution set
forth in MPC section 510(g)[1].
[1]
Editor's Note: See now 53 P.S. § 10510(g).
F.
Criteria for fees. Review and inspection fees shall be reasonable
and in accordance with the ordinary and customary charges by the Township
Engineer or consultant for similar services in the Township, but in
no event shall the fees exceed the rate or cost charged by the engineer
or consultant to the Township when fees are not reimbursed or otherwise
imposed on applicants.
G.
Notification.
(1)
The developer shall notify the Township Engineer 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
designated by the Township for the project, at least 72 hours prior
to the time that the following required progress inspections are desired:
(a)
Inspection of the subgrade of streets prior to laying of the
base;
(b)
Inspection of the base as it is being constructed and prior
to final paving of streets;
(c)
Inspection of street paving during construction;
(d)
Inspection of the installation of storm sewers and drainage
facilities as they are being constructed and prior to final paving
of streets;
(e)
Inspection of all utilities and street crossings within the
public right-of-way;
(f)
All grading being performed.
(2)
The inspector shall prepare and maintain a written record of all
inspections.
All construction materials, whether for public or private improvements,
shall be tested by a qualified independent testing laboratory, unless
notified by the Township Engineer. The costs for such tests shall
be borne by the developer.
A.
Completion report by Township Engineer. When the developer has completed
all of the necessary and appropriate Public improvements to the satisfaction
of the Township Engineer, the Township Engineer shall file a report,
in writing, with the Board of Supervisors indicating that such public
improvements have been properly installed and shall promptly mail
a copy of such Report to the developer. The report shall be made and
mailed within 30 days after the satisfactory completion of the public
improvements.
B.
Completion of rejected public improvements. If any of the public
improvements shall not be approved by the Township Engineer, the developer
shall proceed to complete the public improvements or rectify any deficiencies.
C.
No limitation on developer's rights. Nothing herein, 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.
A.
Dedication and acceptance. No property or public improvement shown
on a final plat shall be deemed accepted by the Township until a formal
dedication thereof has been made by the developer and accepted by
the Township by ordinance or resolution.
B.
Description of dedicated improvements. Upon completion of construction
and the final inspection of the public improvements, and within 30
days following the issuance of the Township Engineer's report confirming
same, the developer shall provide a legal description of all rights-of-way
and property, to be dedicated to the public. The legal description
shall consist of a center line description of any dedicated roadways
and a metes and bounds description of the exterior boundaries of all
other facilities. The developer shall also provide four copies of
drawings locating the proposed public improvements within the development.
C.
Submission required. Prior to the acceptance of the public improvements,
and the return of any remaining application and/or review fees, the
developer shall submit to the Township the following:
(1)
A certification by the Township Engineer that all required public
improvements are completed according to specifications, including
roads, sidewalks, utilities and stormwater management facilities.
(2)
A certification by the Township Zoning Officer that all permanent
street signs and other signs required by this chapter, the developer's
agreement or any other applicable code have been installed.
(3)
Two sets of as-built drawings for the completed dedicated improvements,
prepared by a registered engineer or land surveyor. The Township may
also require such drawings to be submitted in a digital format such
that they may be directly imported into the Township's geographical
information systems
(4)
A certification of actual construction costs prepared and verified
by a registered engineer under penalties of perjury.
(5)
Financial security in the form of a maintenance bond for road improvements,
utility extensions, stormwater facilities and other public improvements
pursuant to this chapter.
A.
Release following acceptance. Upon acceptance of the public improvements
in the plan, the developer's financial security shall be released.
B.
Requests for partial release. From time to time, during the installation
of the public improvements, the developer may request the partial
release of the financial security. 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 plat.
C.
Engineer's certification and retention. Upon receipt of such certification
from the Township Engineer, the Board of Supervisors shall authorize
release of all or a portion of the financial security in an amount
estimated by the Township Engineer to fairly represent the value of
the public improvements completed. The Board of Supervisors may require
retention of 10% of the estimated cost of such public improvements
until such time as all public improvements have been installed and
the financial security is released in its entirety. The Township Engineer
shall not authorize the release of any portion of the financial security
relating to the costs of installing required landscaping improvements
until same are finally installed. In the event a period in excess
of two years has elapsed between the date of final plan approval and
the date the landscaping improvements are to be installed, the Township
Engineer shall estimate the current costs of installing such improvements
and retain same as part of the financial security.
D.
Partial release not acceptance. Unless the request for release of
all or part of any financial security is made in conjunction with
a request by the developer to accept the public improvements secured
by such security, the partial release of financial security shall
not be deemed or construed as an acceptance of the public improvements
by the Township.
The developer shall post a maintenance guarantee with the Township
following the completion of the public improvements in an amount acceptable
to the Township. This guarantee must be posted prior to the Township's
acceptance of any public improvement. The purpose of the maintenance
guarantee is to secure the structural integrity of the public improvements
and to guarantee the proper functioning of those improvements in accordance
with this chapter. The amount of the maintenance guarantee shall be
in an amount equal to 15% of the actual cost of the installation of
such improvements for a term not to exceed 18 months from the date
of the acceptance of public improvements. The maintenance guarantee
shall be in a form of financial security acceptable to the Township.
A.
Township remedies. In the event any required public improvements
have not been installed as provided in this chapter within 24 months
of final plat approval, or other time period mutually agreed upon
by the Township and the developer, the Township may initiate any action
and pursue any remedy available to it under the laws of the Commonwealth
of Pennsylvania, at law or in equity, or under the terms of the developer's
agreement, bond, or any other agreement associated with the development,
to effect completion of the public improvements.
B.
Completion of improvements by Township; execution against security.
In the event the developer fails or refuses to install the public
improvements to the satisfaction of the Township, and the Township
undertakes the completion of such improvements on behalf of the developer,
the Township shall execute against or pursue remedies under the developer's
financial security for the payment of same.
C.
Security insufficient; proceedings against responsible parties. If
proceeds of the financial security are insufficient to pay the cost
of installing or making repairs or corrections to all the public improvements
covered by the financial security, the Township may institute appropriate
legal or equitable actions to recover the monies necessary to complete
the remainder of the public improvements against the developer or
any other person, corporation, entity or firm who may be determined
responsible for the completion of the public improvements. All proceeds
received from the financial security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the public improvements covered by the financial
security and not for any other municipal purpose.
