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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.