The requirements of this article shall apply
to all applicants submitting a final plan for subdivision or land
development in the Borough of Pennsburg. For additional details regarding
these requirements, please refer to the Borough of Pennsburg's Administrative
Guidelines for Subdivision and Land Development Proposals.
[Amended 7-2-1990 by Ord. No. 2-90]
A. In lieu of the completion of improvements required
for final plan approval, financial security in an amount sufficient
to cover the costs of the improvements shall be guaranteed to the
Borough in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code. All improvements for which financial security is being
posted shall be completed on or before the date fixed in the plan
approval, subdivision agreement and/or development agreement for completion
of such improvements.
B. When requested by the applicant in order to facilitate
financing, the Borough Council shall furnish the applicant with a
signed copy of a resolution indicating approval of the final plan,
contingent upon the applicant obtaining a satisfactory financial security.
The final plan shall not be signed or recorded until the financial
improvements agreement is executed. The resolution of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days, unless a written extension
is granted by the Borough Council.
The Council may release all or parts of the
posted financial security as completion of improvements proceeds,
in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code.
A. Incomplete improvements. If the required improvements
are not completely installed within the period fixed or extended by
Council, the Borough Council may declare the financial security in
default to collect the amount payable thereunder. The collected security
shall be used to complete the improvements in compliance with the
applicable requirements of the Pennsylvania Municipalities Planning
Code.
B. Post-completion security. The applicant shall be responsible for the maintenance of all improvements until they are offered for dedication and accepted by the Borough, and 10% of the financial security may be held back until a maintenance guaranty has been posted by the applicant, as required in §
96-54 herein.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. The Borough Council shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s) after receiving the advice of the Borough Engineer and Solicitor and/or other experts. The subdivider or developer may be required to cover costs which must be incurred by the Borough or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in §
96-49.
When the Borough Council accepts the dedication
of required improvements following their completion, the Council shall
require the posting of financial security by the applicant to secure
the structural integrity and functioning of these improvements in
accordance with the design and specifications as depicted on the approved
final plan.
A. Said financial security shall be of the same type as otherwise required by §
96-49 herein.
B. The amount of financial security shall be 15% of the
actual cost of installation of the improvements.
C. The term of the guaranty shall be 18 months from the
date of acceptance of dedication.
Where the maintenance of improvements is to
be the responsibility of individual lot owners, a homeowners' association
or similar entity or an organization capable of carrying out maintenance
responsibilities, the Council shall require that maintenance responsibilities
be set forth in perpetual covenants or deed restrictions binding on
the landowners' successors in interest, and may further require that
an initial maintenance fund be established in a reasonable manner.