No project shall be considered in compliance with this chapter until the streets, street signs, sidewalks and walkways, gutters and curbs within street rights-of-way, buffer planting, shade trees, storm drainage facilities, sanitary sewer facilities for dedication, water supply facilities, fire hydrants, lot line markers, survey monuments, streetlights, street trees and other improvements as may be required have been installed in accordance with this chapter.
Improvements required. No plan shall be signed by Borough Council for recording in the office of the Lancaster County Recorder of Deeds unless all improvements required by this chapter have been installed in accordance with this chapter except as provided in § 170-25.
Improvement construction. Upon approval of the preliminary plans specified in this chapter, the applicant may construct the required improvements shown on the plan. The developer shall indicate the intent to construct the required improvements by executing the applicable Memorandum of Understanding to be submitted at the time an application is made for approval of a preliminary plan.
Inspection of required improvements. As stipulated in the executed Memorandum of Understanding, the Borough Council shall be responsible for inspection and approval of the required improvements. The Borough Engineer and developer shall agree upon a notification procedure and a schedule of inspections to be made during construction and upon completion of all improvements.
Recording of final plan. Upon completion of the required improvements and notification from the Borough Engineer that all improvements have been completed in accordance with this chapter, the developer may proceed to submit final plans. Final plans shall be prepared and submitted in conformance with the requirements of this chapter. Upon review and approval of the final plans by the Borough Council as stipulated in this chapter, the plans may be recorded in the office of the Lancaster County Recorder of Deeds. The final plans shall be recorded before the sale of any lots or the construction and occupancy of buildings shown on the plans.
No improvement shall be considered complete until the developer shall submit to the Borough one mylar and two prints of the as-constructed plan, at the same size and scale of the approved plans, showing the following:
Actual location of all concrete monuments and/or markers which were found or set at all angle breaks, points of curvature and tangents around the perimeter of the total tract. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented at the above referenced points.
Actual location of all iron pins or drill holes in curbs for all individual lot lines.
Actual cul-de-sac radius.
Actual horizontal location of cartway center line versus right-of-way center line should be indicated by dimension.
Actual horizontal location of floodplain by elevation and dimension from property line.
Actual horizontal location and cross section of swales and accompanying easements.
Actual horizontal and vertical location of stormwater management facilities, including type and size drainage pipes.
In lieu of the construction and completion of the improvements required by this chapter prior to recordation, the developer may deposit financial security in an amount sufficient to cover the costs of such improvements or common amenities. Said improvement construction guarantee shall be prepared in accordance with this chapter and is subject to the acceptance by Borough Council. The developer shall indicate the intent to provide an improvement construction guarantee by executing the applicable Memorandum of Understanding to be submitted as stipulated at the time application is made for approval of a final plan.
Form of financial security. The following are acceptable forms of guarantees. All other forms of guarantees must be individually approved by the Borough Council.
Surety performance bond. A security bond from a surety bonding company authorized to do business in the Commonwealth of Pennsylvania. The bond shall be payable to Denver Borough.
Escrow account. A deposit of cash with the Borough or in escrow with a federal or commonwealth chartered financial institution. In the case of an escrow account, the developer shall file, with the Borough Council, an agreement between the financial institution and himself guaranteeing the following:
That the funds of said escrow account shall be held in trust until released by the Borough Council and may not be used or pledged by the developer as security in any other matter during that period.
In the case of a failure on the part of the developer to complete said improvements, the institution shall immediately make the funds in said account available to the Borough Council for use in the completion of those improvements.
Letter of credit. A irrevocable commercial letter provided by the developer from a federal or commonwealth chartered financial institution or other reputable institution. This letter shall be deposited with the Borough and shall certify the following:
The amount of credit.
In case of failure on the part of the developer to complete the specified improvements within a time period specified in a written agreement between the Borough Council, the creditor shall pay to the Borough, immediately and without further action, upon presentation of a sight draft drawn on the issuing lending institution in an amount to which the Borough is entitled, or upon presentation of the original letter of credit, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
The letter of credit is irrevocable and may not be withdrawn, or reduced in amount, until released or partially released by the Borough Council.
Amount of guarantee.
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Borough Council may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the developer shall post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough Council, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough Council are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Borough Council and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen fees for the services of said engineer shall be paid equally by the applicant or developer and the Borough.
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from each posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one year period by using the above bidding procedure.
Protection of final phases. In the case where development is projected over a period of years, Borough Council may authorize submission of final plats by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
As built plan. After final plan approval and upon completion of all required improvements, the developer shall submit an as built plan showing the location, dimension, and elevation of all improvements. Such plan shall indicate that the required grading, drainage structures, and/or drainage systems and erosion and sediment control practices have been installed in substantial conformance with the previously approved final plan. The as built plan shall specify all deviations from the previously approved drawings. Five copies of the plan shall be submitted to the Borough.
Partial release of funds. As the work of installing the required improvements proceeds, the party posting the financial security may request Borough Council to release or authorize the release, from time-to-time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Borough Council and shall be accompanied by as built drawings. Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, Borough Council shall authorize release by the bonding company or lending institution of an amount fairly representing the value of the improvements completed. If Borough Council fails to act within said forty-five-day period, Borough Council shall be deemed to have approved the release of funds as requested. Prior to final release at the time of completion and certification by its engineer, Borough Council may require retention of 10% of the estimated cost of the aforesaid improvements.
Release from improvement bond.
When the developer has competed all of the necessary and appropriate improvements, the developer shall notify Borough Council that will accept dedication of the improvements, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough's Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize its engineer to inspect the improvements. A detailed report of the inspection shall be prepared and mailed to the Borough within 30 days of such authorization. A copy of the report shall also be mailed by registered or certified mail to the developer. The report shall contain the Borough Engineer's recommendations of approval or rejection, either in whole or in part, of any improvements. If any improvement is not approved by the Borough Engineer, the Borough Engineer shall report to the Borough Council the conditions and reasons upon which the disapproval is based.
The Borough Council shall notify the developer within 15 days of receipt of the Engineer's report, in writing by certified or registered mail, of the decision to accept or not accept the improvements.
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.
If any portion of the said improvements shall not be approved or shall be rejected, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
Nothing herein, however shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination.
Financial security shall not be released until the developer submits all required as-built plans and deeds of dedication transferring good and marketable title of dedicated streets and other public lands.
Inspections required. The Borough Council shall require inspections of the plans for correctness and inspections of the construction of the improvements. The applicant shall agree to pay the cost of any such inspections.
Notice. The developer shall provide at least 24 hours' notice prior to the start of construction of any improvements that are subject to inspection.
All improvements shall be deemed to be private improvements and only for the benefit of the specific project until such time as the same have been offered for dedication and formally accepted by the Borough Council by ordinance, resolution, deed, or other formal document. No responsibility of any kind with respect to improvements shown on the final plan shall be transferred until the improvements have been formally accepted. No improvement shall be accepted for dedication except upon submission of as-built drawings by the developer and inspection of the final construction.
When the Borough Council has accepted dedication of certain improvements, it may, at its discretion, require the applicant to submit financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plans. Such guarantee shall be posted or shown on the application for one year after the construction thereof, or until acceptance of improvements has been consummated, a period not to exceed 18 months. Such financial security shall be of the same type as required to guarantee construction of improvements, and shall not exceed 15% of the actual cost of installation of said improvements.