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.
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.
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.
(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.
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.