A.
Developer's agreement. As a condition to final approval
for a subdivision or land development, the Borough Council shall require the
applicant to enter into a contract with the Borough of Monaca outlining, defining
and agreeing:
(1)
To be bound by and comply with the terms, provisions
and conditions of this chapter.
(2)
To be bound by and comply with all of the documents,
exhibits and plat/plans submitted by the applicant to the Borough of Monaca
in the final plan application.
(3)
To be bound by and comply with all of the conditions
which the Borough Council shall establish as a basis for its grant of final
approval of the subdivision and/or land development.
(4)
To furnish a performance improvement guaranty within
30 days after execution of the developer's agreement.
(5)
To furnish as-built drawings prior to the Borough of
Monaca accepting the improvements.
(6)
To furnish a maintenance bond prior to the Borough of
Monaca accepting the improvements.
B.
Performance/improvement guaranty. As a condition to final
approval for a subdivision or land development, the Borough Council shall,
in addition to the aforementioned requirements of the developer's agreement,
require the applicant to furnish a bond or other acceptable financial security.
(1)
Such bond or financial security shall be the form of
a corporate surety, a cash deposit, an irrevocable letter of credit from a
federal- or commonwealth-chartered lending institution, a deposit of securities
in escrow or any other form as shall meet the approval of the Borough Solicitor
in accordance with the requirements of the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Such bond or financial security shall be furnished by
the applicant to the Borough to assure completion of the required improvements
within one year from the date of the execution of the developer's agreement.
(3)
Said financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of completion
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 the commonwealth and certified by such engineer to be
a fair and reasonable estimate of such cost. The Borough, upon recommendation
of the Borough Engineer, may refuse to accept such estimate for good cause
shown. If the applicant or developer and the Borough are unable to agree upon
an estimate, then the estimate shall be recalculated and recertified by another
professional engineer licensed as such in the commonwealth and chosen mutually
by the Borough 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 Borough and the applicant or
developer.
[Amended 9-10-1996 by Ord. No. 822]
(4)
Where more than one year may be required to complete
the required improvements, the amount of said bond or other financial security
shall be increased by an additional 10% for each additional one-year period
up to an amount not exceeding 110% of the costs as estimated at the expiration
of the preceding one-year period. The estimate shall be obtained through the
same bid procedure identified in the preceding section.
C.
Four-week review. The applicant shall submit to the Borough
Secretary draft copies of the developer's agreement and the performance/improvement
guaranty four weeks prior to consideration by the Borough Council, who reserves
the right to waive or modify this time limit.
B.
Recording. Upon the approval of a final plat, the developer
shall, within 90 days of such final approval, record such plat in the office
of the Recorder of Deeds of Beaver County.
[Amended 9-10-1996 by Ord. No. 822]
C.
Effect of recording of plan. Every street, sewer, drainage facility or other improvement shown on a plan that is recorded as provided herein shall be deemed to be a private street, sewer, drainage facility or other improvement and the Borough shall have no responsibility with respect thereto until such time as the same shall have been offered for dedication to the Borough and shall have been accepted by it by ordinance or resolution or until it shall have been duly condemned by the Borough for public use. (See § 210-42.)
A.
Notice of start of construction and permit required.
No construction of any improvements or facilities approved by The Borough
Council shall be commenced unless and until a permit authorizing such commencement
shall be received from the Borough Secretary. Not less than three days prior
to the actual commencement of such improvements of facilities, a written notice
setting forth the date on which such construction work will begin shall be
given to the Borough Secretary.
B.
Prerequisites to issuance of permits. The construction
permit shall not be issued by the Borough Secretary until the applicant has
complied with all of the following:
(3)
The Borough shall have received a certificate from the
Recorder of Deeds of Beaver County, Pennsylvania, that the recording plat
has been recorded in said Recorder's office, setting forth the date and
place of such recording.
(4)
The Borough shall have received one copy of the site
plan and/or recording plat. Such copy of the land development and/or subdivision
shall be certified by the applicant to be true and correct.
As the required improvements are completed, the applicant who has posted
a performance/improvement guaranty may request the Borough to release or authorize
the release of such portions of the financial security necessary for payment
to the contractor(s) performing the work.
A.
The applicant shall submit a written request to the Borough
Council for a partial release of the financial security. The written request
shall include a description of the improvement(s) completed and an estimate
of the value of the improvements completed.
B.
Within 45 days from receipt of the written request:
(1)
The Borough Council shall authorize the Borough Engineer
to inspect the completed improvements.
(2)
The Borough Engineer shall submit a written report indicating
whether the improvements were correctly completed and indicating an estimated
amount fairly representing the value of the improvements completed.
(3)
The Borough Council shall act on the Borough Engineer's
report by denying the request or by authorizing release from the financial
security based on the Borough Engineer's estimated value of the completed
improvements. If a release of funds is authorized, the Borough Council may
require retention of 10% of the value of completed improvements.
C.
If the Borough fails to act within the forty-five-day
period, all completed improvements will be deemed approved as completed and
failure to act shall be deemed to have approved the release of funds as required.
A.
Notice of completion. When applicant has completed all
of the required public improvements, the applicant shall notify the Borough
Secretary in writing, by certified or registered mail, of the completion of
all the required public improvements and shall send a copy thereof to the
Borough Engineer.
B.
Borough Engineer's report.
(1)
Within 10 days after receipt of such notice of completion,
the Borough Secretary shall authorize the Borough Engineer to inspect the
public improvements.
(2)
The Borough Engineer shall prepare a written report detailing
the results of his inspection and recommending Borough approval or rejection
of said improvements, either in whole or in part. If the Borough Engineer
shall not approve or shall reject said improvements or a portion thereof,
the report shall contain a statement of reasons for such nonapproval or rejection.
(3)
The Borough Engineer shall file this report with the
Borough within 30 days after receiving authorization from the Borough Secretary
to inspect the improvements.
(4)
The Borough Secretary shall promptly mail a copy of the
Borough Engineer's report to the applicant by certified or registered
mail.
C.
Borough Council's action. The Borough Council shall,
within 15 days, review, accept or reject the information and recommendations
within the Borough Engineer's report. The Borough Secretary shall notify
the applicant in writing, by certified or registered mail, of the action of
the Borough Council with regard to the Borough Engineer's report.
[Amended 9-10-1996 by Ord. No. 822]
(1)
If the Borough Council has approved the Borough Engineer's report which has recommended approving all the public improvements, the applicant shall prepare the documentation necessary for the Borough to proceed with the acceptance of the public improvements. (See § 210-44.)
(2)
If the Borough Council has approved the Borough Engineer's
report which has recommended nonapproval or rejection of the public improvements,
either in whole or in part, the applicant shall proceed to comply with the
Borough Council's action and, upon completion, the same procedure of
notice of completion as outlined herein shall be followed. Nothing herein,
however, shall be construed in limitation of the applicant's right to
contest or question by legal proceedings or otherwise any determination of
the Borough or the Borough Engineer.
D.
If the Borough 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 applicant shall be released from all
liability pursuant to the performance/improvement guaranty.
A.
In the event that the applicant shall fail to complete
within the specified time period the construction of the improvements as required
by this chapter and the final plans submitted hereunder, there shall become
due and payable to the Borough, as liquidated damages, the amount of said
bond or other financial security. The sum recovered by the Borough as liquidated
damages shall be used by the Borough for the purpose of constructing and completing
said improvements.
(1)
In the event that the total cost for the construction
of such improvements, including the Borough Engineer's and Solicitor's
fees, shall be less than the amount recovered by the Borough, the Borough
shall, upon completion of such improvements, return such excess to whomever
shall have paid or deposited said moneys.
(2)
In the event that the total cost for the construction
of such improvements, including the Borough Engineer's and Solicitor's
fees, shall be greater than the amount recovered by the Borough, the Borough
may elect either to construct such portions of the improvements as can be
constructed for the sum recovered by the Borough or to revise any plans and
specifications for such improvements in such a manner as to reduce the cost
of such construction to the amount recovered or to complete such improvements
and assess the additional costs against the properties abutting such improvements
on any basis allowed by law.
(3)
The Borough shall not be limited to the time in which
said improvements shall be constructed or completed.
(4)
Upon Borough completion of the construction of said improvements
or any part of such improvements, the same shall be accepted by the Borough
as public improvements and shall be maintained by the Borough.
The Borough Council shall not accept any public improvements for operation
and maintenance purposes by the Borough until all requirements of this chapter
and all other applicable Borough ordinances have been fully complied with.
Prior to Borough acceptance of the public improvements, the following shall
be submitted to the Borough Council:
A.
A deed of dedication in such form as shall be approved
by the Borough Solicitor.
B.
Documentation from the contractor who was responsible
for the construction of the public improvements, certifying that all labor
and material costs incurred during construction of said public improvements
have been paid in full.
C.
Documentation certifying that all charges and fees as
required by the Borough under the provisions of this chapter have been paid
in full by the applicant.
D.
Official documentation of the Borough Council's
action approving all of the required public improvements.
E.
Documentation from a Pennsylvania registered professional
engineer, other than the Borough Engineer, certifying that the improvements
offered for acceptance have been constructed in accordance with the final
plans and final documents approved by the Borough Council and the provisions
of this chapter. Where there have been deviations from said final plans and
final documents, the applicant shall provide as-built drawings, indicating
any and all deviations thereto, with appropriate authorizations from the Borough
or its Engineer.
F.
Maintenance bond. The applicant shall furnish a bond
or other acceptable financial security in the form of a corporate surety,
a cash deposit, an irrevocable letter of credit from a federal- or commonwealth-chartered
lending institution, a deposit of securities in escrow or any other form as
shall meet the approval of the Borough Solicitor in accordance with the requirements
of the Pennsylvania Municipalities Planning Code.[1] Such bond or financial security shall be furnished by the applicant
to the Borough to secure the structural integrity of the improvement(s) as
well as the proper functioning of the improvements in accordance with the
approved final plans. Such bond or financial security shall be for a term
not to exceed 18 months from the date of acceptance of dedication and shall
be in the amount not to exceed 15% of the actual cost of installation of said
improvements.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
