3.90.055 Procedure for private financing.
In the event it is advantageous for local improvements to be privately financed by an individual or group of individuals, owner-built improvement districts may be initiated, constructed and accepted by the borough if they comply with the procedures provided in this section.
A. Application. Individuals interested in an owner-built local improvement district must submit a letter to the borough clerk requesting approval of the local improvement district. The letter shall be signed by all record owners of the property to benefit from the improvement, and include the following information:
1. A description and estimate of cost for the proposed improvement;
2. A description of the area to benefit from the improvement;
3. A statement that the applicant(s) will pay all costs, including inspection expenses associated with the proposed project;
4. Preliminary plans prepared by an engineer registered in the state in accordance with the borough’s specifications.
B. Notice of Public Hearing. Upon receipt of the application, the borough clerk will schedule a public hearing on the proposed local improvement. Notice of the public hearing shall be posted and published at least two weeks prior to the date for the hearing.
C. Application Review. The public works department, water and sewer departments and borough manager shall review the application material and supporting information to determine whether the proposed improvement is consistent with the borough’s specifications, compatible with the comprehensive plan, and whether or not existing systems can accept the increased demand expected from the improvement. This review should be completed within 14 calendar days, and result in a report and recommendation to the assembly as to whether or not the proposal should be approved.
D. Resolution to Proceed and Creation of District. After the public hearing is closed, the assembly shall consider a resolution for adoption that will determine whether to proceed with the proposed local improvement. The resolution shall find that the requested improvement is necessary and shall specify such terms and conditions as are necessary to establish the district in compliance with borough code.
E. Contract Plans and Specifications. Upon approval by the assembly, the applicant shall submit to the public works department:
1. Two copies of the construction plans and specifications stamped and signed by an engineer registered in the state and prepared in accordance with the borough’s applicable standard specifications;
2. Evidence of dedicated rights-of-way or signed original copies of all necessary utility or public use easements granted to the borough in relation to the improvement;
3. Evidence of approval by all federal, state and local agencies having jurisdiction over the project;
4. A performance bond equal to 100 percent of the approved estimate of construction cost, naming the borough as an additional insured; and
5. A cash payment equal to the borough’s estimated cost for review and inspection of the project.
F. Notice to Proceed. Upon compliance by the applicant with the requirements of subsection (E) of this section and all other controlling ordinances, the borough manager shall issue a notice to proceed with construction. Any changes to the approved plans shall require prior approval of the public works department. All work shall be subject to inspection by the borough.
G. Acceptance. Prior to acceptance of the improvement for operation and maintenance by the borough:
1. The builder shall submit one set of mylar reproducible construction plans stamped “As-Built” by an engineer registered in the state, reflecting any change from the original approved plans and certifying conformance with design intent and the borough’s applicable construction specifications;
2. A final inspection will be conducted by the director of public works resulting in a report as to whether or not the borough should accept the improvement; and
3. The assembly shall adopt a resolution accepting the project on such terms as are required. These terms shall include a provision that the builder shall be responsible for all repairs of the improvement for one year following acceptance of the project by the borough.