In all cases, the subdivider shall be responsible to pay for the cost of installation of all required improvements under supervision of the Borough and in the manner specified by the Borough and in accordance with Sections 509 and 510 of the Pennsylvania Municipalities Planning Code, Act No. 247 of 1968, as amended by Act 170 of 1988, and as further amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509 and 10510.
No final plan shall be approved by the Borough Council until provision has been made by the subdivider for the proper installation of required improvements in either of the following ways, in accordance with the requirements of the Pennsylvania Municipalities Planning Code.[1]
A. 
Construction of improvements.
(1) 
The subdivider may elect to physically install, prior to final plan approval, all of the required improvements in accordance with the standards and specifications contained in this article and with the final plan submitted to the Borough Council, provided that such final plan has been conditionally approved by the Borough Council subject to the construction of improvements as required herein and subject to the execution of the development agreement set forth in § 153-54.
(2) 
Upon completion of all improvements, the Borough Engineer shall be authorized by the Borough Council to inspect said improvements and shall certify if all improvements have been installed in accordance with this chapter. Upon receipt of such a certification, the Borough Council may then proceed to final approval of the final plan. No lots shall be sold or buildings occupied on any such development until all improvements are satisfactorily completed and final approval granted by the Borough and the final record plan has been recorded as required herein.
B. 
Financial security.
(1) 
In lieu of Subsection A above, the subdivider shall deposit with the Borough sufficient financial security to secure to the public the completion of all of the required improvements within one year of the proposed completion date which is set forth in the subdivision plan and in the development agreement referred to below in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
(2) 
Said financial security shall be provided by posting a bond with a bonding company or with a federal or commonwealth chartered lending institution. The amount of said financial security shall be equal to 110% of the cost of completion of the required improvements estimated as of 90 days following the date scheduled for completion by the subdivider. Said estimate shall be prepared and may be revised annually as set forth in the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
Said amount of security may be increased by an additional 10% for each one-year period beyond the first anniversary date for the initial posting of the financial security.
(4) 
Notwithstanding the submission of said financial security as required herein, no occupied structure within the proposed subdivision and land development shall be without suitable street access improved with at least the required base, curbs, gutters and utilities for a period of time longer than six months.
(5) 
The provision of such financial security may be made available by the subdivider in accordance with any staging plans approved by the Borough Council.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Where the Borough accepts dedication of any required improvements, the Borough Council may require the posting of financial security to secure the structural integrity and functioning of said improvements in accordance with the design and specifications approved in the final plan for a term not to exceed 18 months from the date of acceptance of dedication.
B. 
Financial security for maintenance shall be posted as required by § 153-52B, and the amount shall not exceed 15% of the actual cost of the installation of said improvements.
C. 
Financial security for maintenance of improvements installed under the jurisdiction and rules of a public utility or a municipal authority shall be posted in accordance with the requirements of said public utility or municipal authority or other appropriate agency and shall not be included in the financial security posted with the Borough.
A. 
All subdividers proposing any subdivision or land development requiring the installation of improvements as required herein shall be required to enter into a legally binding development agreement with the Borough guaranteeing the installation of said improvements in accordance with this chapter. The development agreement shall be in form suitable for execution by the Borough and it shall consist of the following where applicable:
(1) 
The construction authorized by the approved final plan, or in the case where § 153-52A applies, in accordance with the conditionally approved final plan.
(2) 
Construction and installation of streets, utility lines and any other required improvements.
(3) 
Identification of any private improvements approved as part of the final plan, including suitable and permanent measures for ensuring continuing maintenance of said improvements as required herein.
(4) 
Installation of underground streetlighting, cable and streetlighting poles.
(5) 
Offer of dedication of streets, transfer of water and sewer lines and easements and other improvements which are so approved in the final plan.
(6) 
Prevention of erosion and water damage to adjacent property.
(7) 
Subdivider's responsibilities for damage to other property.
(8) 
The responsibility for providing necessary inspections to ensure compliance with this chapter, clearly identified.
(9) 
A work schedule, beginning and ending date, for improvements proposed in the final plan.
(10) 
All planning, engineering, inspection and legal service costs incurred or to be incurred by the Borough, including cost of preparing this development agreement, shall be identified and that amount agreed upon for payment by the subdivider on a regular basis.
(11) 
Posting of the required financial security to ensure completion of all of the required improvements in accordance with § 153-52B, if applicable.
(12) 
Financial security. Where the Borough agrees to accept dedication of any required improvement, posting of the required financial security may be required by the Borough to secure the structural integrity and the functioning of said improvement in accordance § 153-53.
(13) 
Two sets of reproducible as-built plans, including all improvements which are properly referenced to identify specific locations, provided to the Borough by the developer.
(14) 
Provisions for violation of the development agreement.
(15) 
A save harmless clause.
(16) 
Liability of subdivider during warranty period.
B. 
The subdivider shall secure or maintain public liability insurance.
C. 
No improvements shall be commenced or work begun prior to the execution of this agreement and the delivery of the required financial security in compliance with § 153-52B, if applicable.
D. 
The Borough Council may impose additional requirements to assure compliance with this chapter and to reflect specific subdivision plan conditions.
The financial security provided by the subdivider shall be released as follows:
A. 
When the subdivider has completed all of the necessary and approved improvements, he shall so notify the Borough, in writing, by certified or registered mail and send a copy to the Borough's Engineer.
B. 
Within 10 days of receipt of such notice, the Borough shall direct and authorize the Borough's Engineer to inspect all of the improvements.
C. 
The Borough's Engineer shall then file a written report with the Borough Council and shall mail a copy to the subdivider by certified or registered mail within 30 days after his receipt of authorization to inspect all improvements from the Borough. Said reports shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, with a statement of reasons for any nonapproval or rejection.
D. 
The Borough shall notify the subdivider, in writing, by certified or registered mail of its action in relation to the improvements provided.
E. 
If the Borough Council or the Borough's Engineer fails to comply with the above time limits, all improvements will be deemed to have been approved and the subdivider shall be released from all liability pursuant to its financial security.
F. 
Any improvements not approved or rejected by the Borough shall be expeditiously completed by the subdivider, and upon completion, the same notification procedure as above shall be followed.
G. 
If any required improvement has not been installed as required by this chapter, by the approved final plan or by the executed development agreement, then the Borough shall enforce the financial security posted by appropriate legal and equitable remedies. If the proceeds of such financial security are insufficient to pay the cost of installing or making repairs or corrections to the required improvements, the Borough may, at its option, install part of such improvements and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder.
The financial security for maintenance shall remain in effect for a period of 18 months after acceptance of dedication by the Borough or other appropriate agency. Said release shall be effected utilizing the same notification procedures set forth in § 153-55.
The provisions of this article may be waived by the Borough Council only for the following types of subdivisions if the Borough Council determines and makes a finding, in writing with the appropriate reasons set forth, that conformance with said sections are not required to ensure the proper completion of the subdivision in accordance with the intent and objective of this chapter.
A. 
Small subdivisions and/or land developments less than 10 acres in size and containing no more than five lots and not involving the provision of any new streets, easements of access or other required public or private improvements. The Borough Council may waive the ten-acre maximum requirements set forth above, provided that all of the other conditions exist.
B. 
A subdivision or large development which requires the installation of a private street or other improvement, as approved by the Borough, which improvement is not subject to future extension and where such private improvement serves fewer than six dwelling units.