Borough of Rosslyn Farms, PA Article VII Conditions of Acceptance

§ 187-44 Performance requirements.

A. Before approving any subdivision or land development plan, Borough Council shall require a written agreement that necessary grading, paving and street improvements, sidewalks, streetlights, fire hydrants, water mains, sanitary sewers, storm sewers and stormwater management facilities, shade trees, landscaping, open space and recreation facilities, as may be required by the Borough, shall be installed by the developer in strict accordance with the design standards and specifications of said Borough, within a specified time period. Such agreement shall be prepared by the Borough Solicitor at the expense of the developer. The applicant shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the PA Department of Transportation in connection with the issuance of a highway occupancy permit.

B. When requested by the developer in order to facilitate financing, Borough Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining satisfactory financial security. The final plat shall not be signed nor recorded until the financial improvements agreement is executed. If within 90 days, unless written extension is granted by Borough Council, the financial improvement agreement is not executed, then the resolution or letter of contingent approval shall expire.

§ 187-45 Performance guarantees.

A. Borough Council shall insure, through receipt of certificates of compliance submitted and attested by the Borough Engineer, that required improvements have been installed according to the specifications of the final plat, or alternately require the posting of adequate surety to cover the cost for such improvements. In lieu of completion of the required improvements, Borough Council shall be authorized to accept financial security guaranteeing completion of the required improvements in accordance with Subsection B hereof.

B. 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 developer's scheduled date of completion. The amount estimated shall be prepared by a licensed professional engineer for submittal to the Borough by the developer. If the amount of the estimated financial security is contested by the Borough Engineer, a third licensed professional engineer chosen mutually by the developer, and the Borough, shall estimate the amount of financial security necessary, which estimate shall be presumed fair and reasonable. Fees for the services of the third engineer shall be paid equally by the Borough and the developer.

C. Completion of improvements prior to final approval. Prior to final plat approval, the developer shall complete, in a manner satisfactory to Borough Council and the Borough Engineer, all improvements required in these regulations specified in the final plat, and as approved by Borough Council and shall dedicate same to the Borough in accordance with these regulations. Final plat approval shall not be granted until the dedication of said improvements has been accepted by Borough Council.

D. Guarantee of future performance. In lieu of requiring the completion of all improvements prior to final plat approval, the developer shall guarantee the completion of all improvements required by this chapter, or otherwise specified by Borough Council in a manner satisfactory to Borough Council. The developer shall provide, subject to the approval of Borough Council, one of the following guarantees:

(1) Surety bond. The developer shall obtain a security bond from a surety bonding company authorized to do business in the Commonwealth of Pennsylvania. The bond shall be payable to the Borough and shall be in an amount sufficient to cover the entire cost, as estimated by the Borough Engineer, as herein provided, for the installation of all improvements. The duration of the bond shall be until such time as the improvements are accepted by the Borough in accordance with the requirements of this chapter.

(2) Escrow account.

(a) The developer shall deposit cash, or other instruments readily convertible into cash at face value, either with the Borough, or in escrow with a bank. The form of any instruments other than cash, and, in the case of an escrow account, the bank with which the funds are to be deposited, shall be subject to the approval of the Borough Solicitor. The amount of the deposit shall be at least equal to the cost, as estimated by the Borough Engineer, of installing all required improvements, plus 10%.

(b) In case of an escrow account, the developer shall file with Borough Council an agreement between the financial bank and himself guaranteeing the following:

[1] That the funds of said escrow account shall be held in trust until released by Borough Council and may not be used or pledged by the developer as security in any other matter during the period; and

[2] That in the case of a failure on the part of the developer to complete said improvements, the bank shall immediately make the funds in said account available to the Borough for use in the completion of those improvements.

(3) Irrevocable letter of credit. An irrevocable letter of credit in an amount equal to the cost of all required improvements, as estimated by the Borough Engineer, plus 10%, shall be posted naming Borough Council as beneficiaries. The financial institution that provides the irrevocable letter of credit shall be first approved by Borough Council. Failure on the part of the developer to complete said improvements shall cause the funds posted as an irrevocable letter of credit to be made available to the Borough upon written notice of a claim against said funds.

§ 187-46 Release from improvement bond.

A. When the developer has completed all of the required improvements, the developer shall notify Borough Council, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy to the Borough Engineer.

B. Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report, in writing, with Borough Council, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the aforesaid authorization from Borough Council; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

C. Borough Council shall notify the developer, in writing by certified or registered mail, within 15 days of receipt of the engineer's report of the action of said Borough Council with relation thereto.

D. If any portion of the required improvements shall not be approved or shall be rejected by Borough Council, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

E. Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination of Borough Council or the Borough Engineer.

F. The applicant or developer shall be charged by the Borough for all fees reasonable and necessary, to cover costs incurred by the Borough for engineering review and inspection of improvements, as outlined in Article VII. In the event that the amount of the expense is disputed, the procedures outlined in Article VII shall be implemented.

G. At the time of final approval and prior to the issuance of any required Borough permit, a 10% deposit shall be made by the applicant with the Borough for the costs of review and inspection where public utilities and facilities are proposed. Said 10% shall be calculated as 10% of the total costs of installation of said public utilities and facilities. Any funds unexpended at the time of acceptance of the aforementioned public utilities and facilities, shall be returned to the applicant.

§ 187-47 Remedies to effect completion of improvements.

A. In the event that any improvements which may be required have not been constructed and installed as provided for in the written agreement, this chapter and the requirements of Borough Council or in accordance with the approved final plan, Borough Council shall enforce any corporate bond, or other security by appropriate legal and equitable remedies.

B. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, Borough Council, may at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements.

C. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.

§ 187-48 Maintenance bond.

A. Before the Borough Engineer shall issue to Borough Council a written certification that all improvements specified and required have been satisfactorily completed in accordance with the agreement and requirements relative to the land development and in compliance with the specifications, standards, ordinances and requirements of the Borough, the developer shall be required to deposit with the Borough, a Corporate Maintenance Bond, or other surety acceptable to the Borough Solicitor, in such amount, under such conditions, and in such form as shall be required by Borough Council. The maintenance bond shall guarantee the structural integrity and the functioning of all improvements required in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. The amount of the maintenance bond shall not exceed 15% of the actual cost of installation of said improvements.

B. If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Borough, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.

§ 187-49 Acceptance of public improvements.

Upon completion of the inspection and approval of the public improvements, the developer shall submit a request to Borough Council, in writing, to accept the dedication of the public improvements. The request for acceptance shall include deeds of dedication and all other legal descriptive documents necessary to prepare a resolution or ordinance and shall be submitted at least 20 days prior to the regular meeting of Borough Council. At the regular meeting, Borough Council shall enact a resolution or ordinance accepting the public improvements as part of the Borough's public facilities, subject to the posting of the maintenance bond required by this chapter.

§ 187-50 Final inspection of public improvements.

Prior to the end of the eighteen-month period when the maintenance bond expires and before the maintenance bond is released, the Borough Engineer shall make a final inspection and certify in writing to Borough Council that all the public improvements are in good order. If any repairs are required or maintenance needed, the developer shall be notified in writing, and such repairs or maintenance shall be done and approved prior to certification by the Borough Engineer.

§ 187-51 Snowplowing.

The applicant shall be responsible from the time there is at least one occupant in the proposed development to plow snow and disperse anti-skid material on development roads as may be necessary to provide ingress and egress to the occupants at the applicant's cost, prior to the acceptance of dedicated streets, The applicant shall post with the Borough the sum of $1,000 as an escrow to provide for snow removal and the dispersal of anti-skid material prior to acceptance of dedication of the streets. All payments to the Borough for said snow removal and dispersal of anti-skid material shall be made from the escrow fund. In the event that the escrow should become depleted, the applicant shall post an additional sum of $1,000 and such further amounts as may be necessary until such time as the dedication of the streets is accepted by the Borough.

§ 187-52 Higher standards.

A. No road, street, lane, way or related improvement shall be accepted as a part of the street system of the Borough or for maintenance unless opened, laid out, graded and improved in strict accordance with the standards and regulations of the Borough. The requirements, specifications and standards of construction, material and appurtenances as designated herein are considered as minimum and Borough Council may as it deems advisable revise said specifications and requirements by amendment of this chapter to secure a higher standard of improvements and community development.

B. No stormwater drainage facilities, sanitary sewer and sewage treatment facilities, water supply and water distribution systems and facilities, or any other facilities or improvements will be accepted as a part of the Borough's facilities for operation and maintenance unless designed and constructed in strict compliance with all the standards, specifications, rules, regulations, ordinances and requirements of the Borough.

§ 187-53 Recording plat.

A. Upon approval of the final plat, the developer shall within 90 days of such final approval deliver to the Borough offices the following plats and documents for Borough signatures:

(1) One original Mylar and two duplicate Mylars and six prints.

(2) Four sets of prints of the "as-built" construction drawings and supporting documents.

(3) If a homeowners' association is proposed, a copy of the executed homeowners' association documents, signed and recorded by participating property owners.

(4) Executed Developer's Agreement meeting the requirements of § 187-44, Performance requirements, and of § 187-45, Performance guarantees, of this chapter.

B. At the time of submittal of the plans and documents as specified in this section, the developer shall deposit a sum with the Borough equal to the prevailing fee of the Allegheny County Recorder of Deeds for recording the original plat and any homeowners' association documents required to be recorded in such office, to guarantee the recording of the documents; however, the developer shall be responsible for recording the original plat and/or any homeowners' association documents. Upon presentation of a certificate evidencing recording of the plat or homeowners' association documents, the Borough shall refund the deposit.

C. Upon recording of plats and homeowners' association documents, where required, the developer shall provide to the Borough one duplicate Mylar plat and one set of approved construction drawings plus a copy of the homeowners' association documents, as recorded.

D. After an approved subdivision plan shall have been officially recorded, the streets, parks, and other public improvements shown thereon shall be considered to be a part of the official comprehensive plan of the Borough or Borough.

E. Streets, parks and other public improvements shown on a subdivision plan to be recorded may be offered for dedication to the Borough by formal notation thereof on the plan, or the owner may note on such plan that any improvements have not been offered for dedication to the Borough.

F. Every street, park or other improvement shown on a subdivision plan shall be deemed to be a private street, park or improvement until such time as the same shall have been offered for dedication to the Borough and accepted by ordinance or resolution, or until it shall have been condemned for use as a public street, park or other improvement.

G. Any land development shall be recorded in the Allegheny County Recorder of Deeds Office following completion of all contemplated improvements and structures. One Mylar drawing shall be submitted to the Allegheny County Recorder of Deeds and two paper copies filed with the Borough.

§ 187-54 Approval refused by Council.

In any case where Borough Council shall refuse to approve any plats submitted to them in accordance with this Subdivision and Land Development Ordinance, any person aggrieved by the action of Borough Council may appeal as provided by law to the Court of Common Pleas of Allegheny County, Pennsylvania.

§ 187-55 No responsibility of Borough where plans not approved.

If any road or any drainage facilities in connection therewith, shall be opened, constructed, or dedicated for public use or travel, except in strict accordance with plats approved and recorded as herein provided, neither Borough Council nor any public authorities shall place, construct, or operate any sewer, drain, water pipe or other facilities, or do any work of any kind, in or upon such road; and neither Borough Council nor any other public authorities, shall have responsibility of any kind with respect to any such road or drainage facilities, notwithstanding any use of the same by the public.