1.
The developer
shall notify the Borough 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 at least
72 hours prior to the time that the following required progress inspections
are desired:
A.
Inspection of
subgrade of streets prior to laying of base.
B.
Inspection of
base as it is being constructed and prior to final paving of streets.
C.
Inspection of
paving of streets while it is being constructed.
D.
Inspection of
installation of storm sewers and drainage facilities as they are being
constructed.
[Amended 12-10-1992 by Ord. No. 1031]
E.
Inspection of
all utilities street crossings within the public right-of-way.
F.
All grading
being performed under § 22-703.7 of this chapter.
2.
The inspector
shall prepare a written report of all inspections, in triplicate,
on forms provided by the Borough. One copy shall be retained by the
Borough, one copy shall be retained by the Borough Engineer and one
copy shall be provided to the developer.
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 Engineer shall inspect the public improvements in the plan to determine compliance with the design standards specified in Part 7 of this chapter and the Borough Public Improvements Code.[1]
[1]
Editor's Note: The Public Improvements Code
is on file in the office of the Borough Secretary.
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.
The following procedure shall apply to the inspection
and approval of all public improvements in a subdivision or land development
plan:
1.
Borough Engineer's
report. The Borough Engineer shall perform a final inspection of the
public improvements in the plan. Within 30 days of receiving the notice
of completion, the Borough Engineer shall file a report, in writing,
with 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.
[Amended at time of adoption of Code (see AO)]
2.
Notification
of developer by Borough Council. Borough Council shall notify the
developer, within 15 days of receipt of the Borough Engineer's report,
in writing, by certified mail, of the action of Borough Council with
relation to approval or rejection of the public improvements.
3.
Failure of Borough
to comply. If Borough Council or the Borough Engineer fails to comply
with the time limitation provisions contained in this Part, 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.
4.
Completion of
rejected public improvements. 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 as outlined in this chapter shall be followed.
5.
Developer's rights.
Nothing in this chapter, however, 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.
6.
Release of completion
bond.
A.
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.
B.
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 Borough Council. 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 report.
C.
Upon such certification
by the Borough Engineer, Borough Council shall authorize release of
an amount as 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.
7.
Release of common
amenities bond. Approval of private improvements for which a common
amenities bond has been required and final release of the common amenities
bond shall only indicate compliance with the specifications shown
on the approved plan. Such approval and release of the common 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.
1.
Upon completion
of the inspection and approval of the public improvements, the developer
shall submit a request to Borough Council, in writing, to accept the
dedication of the public improvements. The request for acceptance
shall be submitted at least 30 days prior to the regular meeting of
Borough Council and shall be accompanied by a legal description of
all rights-of-way and any other land or improvements to be dedicated
to the public.
2.
If Borough Council desires to accept the public improvements as part of the Borough's public facilities, subject to the posting of the Maintenance Bond required by § 22-806 of this chapter, Borough Council shall enact an ordinance at a public meeting to accept the improvements.
3.
No property or
public improvements 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.
1.
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 Part 7, the Borough Public Improvements Code[1] and the specifications of the final plat.
[Amended 12-10-1992 by Ord. No. 1031]
[1]
Editor's Note: The Public Improvements Code
is on file in the office of the Borough Secretary.
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 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 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, 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 of
all the 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.[1]
[1]
Editor's Note: Original Section 8.8, Release
of bond guaranteeing private improvements, which immediately followed
this section, was deleted 12-10-1992 by Ord. No. 1031.
