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.
A.
No final plan shall be approved until the applicant
has either:
(1)
Completed all of the improvements required by the
Borough Council for final plan approval in compliance with the requirements
of this chapter; or
B.
The work completed or guaranteed shall be in strict
accordance with the approved plans and the requirements of this chapter.
C.
No lot in a subdivision may be sold and no permit
to erect, alter or repair any building upon land in a subdivision
or land development will be issued unless and until a subdivision
and/or land development plan has been approved and, where required,
recorded, and until the required improvements in connection therewith
have either been completed or guaranteed for completion as required
herein.
[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.[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
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.[1]
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.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Notice. The Borough Engineer shall be notified 48
hours in advance of the commencement of any construction or installation
operation, in order that provision may be made for inspection by the
Borough.
[Amended 7-2-1990 by Ord. No. 2-90]
B.
Construction and installation operations shall also
be subject to inspection by the Borough during the progress of the
work. The subdivider, developer or builder shall pay the reasonable
and necessary expenses for inspections, in accordance with the fee
schedule established by resolution of the Borough Council.
[Amended 7-2-1990 by Ord. No. 2-90]
C.
Improvement specifications. All required road improvements
shall be constructed in accordance with the applicable provisions
of the Pennsylvania Department of Transportation, Form 408, dated
1976, including the latest revisions and other applicable regulations.
All other required improvements shall be constructed in accordance
with approved specifications.
(1)
Specifications. The specifications will be furnished
to the applicant by the Borough. If any of the specifications are
unavailable at the Borough office, the Borough Engineer shall provide
the applicable specifications.
(2)
Sample of materials. During or after construction
of any required improvement, if the Borough requires a sample of materials,
said sample shall be furnished by the appropriate contractor in a
form specified by the Borough Engineer.
D.
Delivery slips. Copies of all delivery slips for materials
used in the construction of any storm sewers, sanitary sewers, roads,
curbs, sidewalks or any other facility within a Borough right-of-way
or easement shall be supplied to the Borough.
E.
After completion of all public improvements, regardless
of whether said improvements shall be offered to the Borough for dedication,
applicant shall submit copies of as-built plans for all utility work
sealed and certified by a professional surveyor to the Borough Engineer
for review and approval.
[Added 10-2-2006 by Ord. No. 5-06]
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.
A.
Conditions. The Borough shall have no obligation to
accept the dedication of any street or other improvement unless:
(1)
The required improvements, utility mains and laterals
and monuments shown on the approved plan or plans have been constructed
to meet all requirements and are free of defects or deterioration.
(2)
It is established to the satisfaction of the Borough
Council that there is a need for the dedication of improvements.
B.
Acceptance. The Borough shall have no responsibility
with respect to any street or other improvement, not withstanding
the use of the same by the public, unless the street or other improvement
is accepted by an ordinance, or resolution, adopted by the Borough
Council.
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.
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.
