A.
No plan shall be finally approved unless the streets shown on such
plan have been improved as may be required by this chapter and any
walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm drains, stormwater management
facilities or other improvements, as may be required by this chapter,
have been installed in accordance with this chapter, except that the
surface course of streets shall not be completed until such time as
90% of the lots in the subdivision or land development have been improved
by the construction of a dwelling if approved for residential development
or by the construction of the proposed commercial or industrial structures
if the lots are approved for such uses. In lieu of completion of the
surface course of streets, as well as in lieu of completion of other
improvements required as a condition for final plan approval of a
plan, at the discretion of the developer, such developer may deposit
with the Borough, as applicable, a letter of credit or other financial
security authorized by the MPC and acceptable to Council in an amount
equal to 110% of the estimated cost of the required improvements at
a time 90 days following the date scheduled for completion of the
respective improvements by the developer. The estimated cost of the
surface course shall be computed separately from the estimated cost
of completing the other improvements and shall be based upon the developer's
projected timetable for completion of the development.
B.
The amount of financial security shall be determined and annually
adjusted in accordance with all applicable requirements of the MPC.
C.
Where public sewer service and/or public water service is proposed
by a plan, the developer shall post financial security with the Authority.
No plan shall be released for recording until the Authority has confirmed
receipt of the financial security required under applicable statutes
and regulations.
D.
The Borough shall process requests for reduction of financial security
in accordance with the requirements of the MPC.
E.
The value of the work completed shall be determined by subtracting
110% of the estimated cost of the completion of the remaining uncompleted
work from the total amount of security deposited.
F.
At such time as 90% of the lots in the subdivision have been improved
as set forth above or, if at the expiration of three years from the
date all of the improvements excepting the surface course have been
completed, less than 90% of the lots have been so improved, the Borough
may notify the developer to complete the surface course within 60
days from the date of such notice. In computing the sixty-day requirement,
the period from October 1 to April 1 may not be counted.
G.
If at the time the surface course is completed, 90% of the lots are
not improved as set forth above, the developer must:
(1)
Post with the Borough financial security in an amount equal to 15%
of the reasonable cost of the surface course as security to guarantee
that damages to the road or street would not occur during the completion
of the improvements on the unimproved lots in such developer's
subdivision or land development. The Borough shall hold such financial
security and utilize it to pay for the repair of any damage occurring
to the road during the period between the commencement of improvements
on any particular unimproved lot and the completion of such improvements
irrespective of whether or not it can be established that the damage
to the road was caused by contractors or other persons working in
and about the construction of such improvements; or
(2)
Present to the Borough agreements signed by the owners of all of
such unimproved lots pursuant to which they will agree to pay to the
Borough the cost of repairing any damage occurring to roads in such
subdivision during the period between the commencement of work on
the improvements to their lot and the completion of such improvements
irrespective of whether or not it can be established that such damage
was caused by contractors or other persons involved in the improvement
of their respective lot.
A.
The Borough shall process requests for release of financial security
in accordance with the MPC.
B.
Improvements shall not be considered completed unless the developer can demonstrate compliance with the requirements of this chapter, Chapter 232, Stormwater Management, Chapter 226, Streets and Sidewalks, and all other applicable ordinances, statutes and regulations. Improvements shall also not be considered complete until as-built plans of all improvements to be dedicated to the Borough and of all streets, whether or not such streets shall be dedicated, have been submitted to the Borough, as applicable.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Council may enforce any letter of credit
or other financial security by appropriate legal and equitable remedies.
If proceeds of such financial security are insufficient to pay the
cost of installing or making repairs or corrections to all the improvements
covered by said security, the Council may, at its option, install
such improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action or recover
the moneys necessary to complete the remainder of the improvements.
All of the proceeds, after deducting the costs of collection, whether
resulting from the financial security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the improvements covered by such security
and not for any other Borough purpose.
The Borough and/or the Authority shall inspect the improvements during construction. The developer shall pay the costs of any such inspection in accordance with the provisions of Article V of the MPC. The developer shall provide at least 48 hours' notice prior to the start of construction of any improvements that are subject to inspection.
A.
All improvements shall be deemed to be private improvements and only
for the benefit of the specific subdivision or land development until
such time as the same have been offered for dedication and formally
accepted by the Borough or the Authority by ordinance, resolution,
deed or other formal action or document. The developer shall submit
as-built plans of all improvements which will be dedicated to the
Borough or the Authority. Neither the Borough nor the Authority shall
have any responsibility of any kind with respect to improvements shown
on the final plan until the improvements have been formally accepted
by the Borough or the Authority.
B.
The Borough and/or the Authority may require that the developer submit
a maintenance guarantee to secure the structural integrity and functioning
in accordance with the designs and specifications as depicted on the
final plan for any improvement to be dedicated to the Borough or the
Authority for a period of 18 months from the date of acceptance of
dedication. Such maintenance guarantees shall be in a form acceptable
to the Borough or the Authority Solicitor and shall be in the amount
of 15% of the actual cost of installation of said improvements.
Recording of the final plan after approval of the Council has
the effect of an irrevocable offer to:
As-built plans of all street improvements, stormwater management
facilities, public water supply facilities, public sewage disposal
facilities, and other public improvements shall be filed at the completion
of construction and before any dedication for public use. One set
of as-built plans shall be on Mylar and one set of as-built plans
shall be in an electronic format acceptable to the Borough Engineer.
The as-built plan sets shall be filed with the Borough Secretary.
Such plans shall be filed prior to release of the guaranty and issuance
of the completion certificate by the Borough Engineer.
