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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
(1)
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.
(2)
Actual location of all iron pins or drill holes in curbs
for all individual lot lines.
(3)
Actual cul-de-sac radius.
(4)
Actual horizontal location of cartway center line versus
right-of-way center line should be indicated by dimension.
(5)
Actual horizontal location of floodplain by elevation
and dimension from property line.
(6)
Actual horizontal location and cross section of swales
and accompanying easements.
(7)
Actual horizontal and vertical location of stormwater
management facilities, including type and size drainage pipes.
(8)
Detention basin:
(a)
Actual contours of the detention basin.
(b)
Actual outlet structure details, including type, size
and inverts of outlet pipes.
(c)
Actual elevation of the embankment and emergency spillway.
(d)
A table showing the stage/storage/discharge curve for
the constructed conditions.
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If an improvement has been dedicated to the Borough, such improvement
shall not be considered complete until the developer has presented a deed
of dedication in a form acceptable to the Borough Solicitor, has presented
a title insurance policy or certificate of title demonstrating good and marketable
title, and has paid any fees required to process the acceptance of the dedication.
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A.
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.
B.
Form of financial security. The following are acceptable
forms of guarantees. All other forms of guarantees must be individually approved
by the Borough Council.
(1)
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.
(2)
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:
(a)
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.
(b)
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.
(3)
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:
(a)
The amount of credit.
(b)
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.
(c)
The letter of credit is irrevocable and may not be withdrawn,
or reduced in amount, until released or partially released by the Borough
Council.
C.
Amount of guarantee.
(1)
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.
(2)
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.
(3)
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.
D.
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.
E.
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.
F.
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.
G.
Release from improvement bond.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Nothing herein, however shall be construed in limitation
of the developer's right to contest or question by legal proceedings
or otherwise, any determination.
(6)
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.
A.
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.
B.
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.
