[Amended 3-17-1975 by Ord. No. 454]
Before final acceptance of any subdivision, the Borough Council
shall require that the necessary grading, paving and other street
improvements, including, where specified by the Borough, curbs, gutters,
sidewalks, streetlights, fire hydrants, water mains, sanitary sewers
and storm sewers, shall have been installed in strict conformity with
the standards and specifications of the Borough. In certain cases
the Borough may require that escrow amounts be placed for the future
installation of said items.
A.Â
Before construction shall be begun on any required improvements in
a subdivision, applications for construction permits shall be filed
with the Borough Engineer on the form supplied by the Borough and
shall be accompanied by four sets of plans prepared by a registered
professional engineer setting forth the location and nature of work,
together with all engineering data necessary for completion of work,
and shall be verified by an affidavit made by or on behalf of the
owners or owner.
B.Â
Upon the approval of the construction application, plans and specifications,
the Borough shall issue a construction permit to the owner of the
property. The said owner shall pay the cost of any material tests
made and shall reimburse the Borough for the necessary inspection
at the rate of $50 for each day that a Borough inspector is on the
work.
A.Â
The Borough Engineer shall be notified by the owner or contractor
at least 24 hours in advance of the commencement of any construction
operation, such as grading, sewer installation or paving, in order
that provision may be made for the proper inspection of such construction
operation. Samples of materials and every reasonable facility for
ascertaining whether the work is in conformity with the provisions
of this Part 1 shall be furnished to the proper officials and employees
of the Borough in the same manner as is required of contractors under
the terms of the construction specifications of the Borough.
[Amended 3-17-1975 by Ord. No. 454]
A.Â
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Borough Council, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the Borough Engineer.
The Borough Council shall, within 10 days after receipt of such notice,
direct and authorize the Borough Engineer to inspect all of the aforesaid
improvements. The Borough Engineer shall, thereupon, file a report
in writing with the Borough Council and shall promptly mail a copy
of the same to the developer by certified or registered mail. The
report shall be made and mailed within 30 days after receipt by the
Borough Engineer of the aforesaid authorization from the Borough Council;
said report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements
or any portion thereof shall not be approved or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
B.Â
The Borough Council shall notify the developer, in writing, by certified
or registered mail, of the action of said Borough Council with relation
thereto.
C.Â
If the Borough Council or the Borough Engineer fails to comply with
the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
D.Â
If any portion of said improvements shall not be approved or shall
be rejected by the Borough Council, the developer shall proceed to
complete the same and, upon completion, the same procedure of notification
as outlined herein shall be followed.
If improvements and facilities are not installed and completed
within two years of the date of recording of the plat or do not comply
with the standards and specifications of this Part 1 or if the inspection
fee has not been paid, the Borough may proceed to complete the improvements
and facilities and may use whatever proceeds from bonds, cash deposits,
checks or securities as are required to meet the expense of completing
improvements and facilities or to pay the inspection fee.
[Amended 3-17-1975 by Ord. No. 454; 6-21-1993 by Ord. No. 660]
A.Â
Prior to acceptance of the required improvements and facilities,
the subdivider shall provide to the Borough for a period of two years
from the date of acceptance of said improvements and facilities a
maintenance bond in the form of a bond, cash or certified check in
an amount equal to 50% of the total cost of said improvements and
facilities to guarantee the maintenance and repair of such improvements
and facilities as may be defective in material or installation. In
the event of default, the Borough shall make necessary maintenance
and repairs from the proceeds of the bond or other surety.
B.Â
Following the expiration of the maintenance bond required hereunder,
the obligation for the maintenance, repair, construction and/or replacement
of any sanitary or storm sewer lateral or line extending to the main
line to which such property owner's storm or sanitary sewer lateral
or line is connected shall remain the obligation of the property owner,
and any repairs, maintenance, construction or replacement cost shall
be the obligation of the property owner; provided, however, that in
the event a sanitary or storm sewer lateral or line shall extend beneath
the public street or public way (the paved or traveled portion of
the same) and the property owner notifies the Borough that the portion
of the lateral or line extending beneath the public street or way
is defective, clogged or in some other manner impaired and the owner
certifies the same in writing, then the Borough shall investigate
and determine the cause of the blockage or obstruction or the cause
of such disrepair of the line, and if the cause is determined to be
in that portion of the line under the public street or way (the paved
or traveled portion), then the Borough shall assume the obligation
and cost of repairing, maintaining or replacing such sewer line. In
the event that it is determined that the cause of the obstruction
or other disrepair to the sanitary or storm sewer lateral or line
is not under the public street or public way, then the property owner
shall be responsible for the repair, maintenance or replacement of
the lateral or line and shall likewise be responsible for all costs
incurred by the Borough in the investigation conducted by it following
the property owner's certification. All costs, together with
attorney's commission of 10% of the cost, shall be lienable and
shall be filed as a municipal claim pursuant to the procedure provided
by the acts and statutes of the Commonwealth of Pennsylvania.
