The guarantee of completion, as set forth in this article, is intended for the protection of New Wilmington Borough that will be the party(ies) to accept the public improvements required by this chapter. For the purpose of this chapter, the term "municipality" also means any municipal authority or private agency that may be asked to accept improvements required by this chapter. (See Article II, Definitions.)
It is the intention of this chapter to require the appropriate
surety guaranteeing construction and the maintenance of the required
improvements in such amount and form as is acceptable to the municipality,
consistent with this chapter and the provisions of the Pennsylvania
Municipalities Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The applicant shall, for all subdivisions proposing the placement
or construction of improvements, agree to complete all improvements
in accordance with these regulations or such other applicable regulations.
B.
No plan shall receive final plan approval by the Borough unless the
applicant shall have completed all improvements as required by these
regulations or shall have filed with the municipality appropriate
financial guarantee to ensure the completion of the required improvements.
C.
The Borough shall require the Borough Engineer, or a designated representative,
to review all final construction plans for their correctness and to
inspect the construction of said improvements. The cost of any review
or inspections shall be borne by the applicant in accordance with
the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
The Borough shall also require the Borough Engineer to review final
construction plans for the correctness and to inspect the construction
of improvements. The municipality shall be further requested to submit
its findings, in writing, to the County Planning Department. In the
event the municipality does not approve the final construction plans,
it shall specify how such plans do not meet applicable specifications,
citing the specific deficiencies by reference to said specifications.
Likewise, if the municipality does not approve construction of the
improvements, it shall specify their deficiencies. These requirements
are made to ensure the Borough the ability to communicate any plan
or construction deficiencies to the applicant in accordance with the
provisions of this chapter and the MPC.
E.
Upon completion of the improvements in accordance with the specifications
of this chapter, and upon final inspection of the improvements by
the Borough Engineer, the applicant shall take the final steps to
dedicate the improvements and have the same accepted by the Borough.
F.
Improvements shall include but not necessarily be limited to the
following:
G.
Where grading conditions or other circumstances prohibit the placing
of lot markers or street monuments at the time of submission of final
plat, a cash deposit shall be made with the Borough in an amount sufficient
to cover the installation at some future date. Should installation
of the above monuments and markers not be completed within three months
after completion date of subdivision by the applicant, the Borough
shall cause such installation to be completed and pay for same from
said cash deposits.
A.
The purpose of this section is to require the filing of financial
security as provided for by Section 509 of the MPC.[1]
(1)
Where the improvement is to be dedicated to an authority or agency
other than the Borough, the applicant shall follow that organization's
practices. In any event, it is the clear intent of this chapter that
all improvements required by this chapter be installed and approved
by the applicant or his/her agent, or, in lieu of installation, that
the applicant shall post adequate financial security as established
by Section 509 of the MPC, as a condition to final plan approval.
(2)
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 Pennsylvania Department of Transportation
in connection with the issuance of a highway occupancy permit, pursuant
to Section 402 of the Act of June 1, 1945 (P.L. 1242, No. 428), known
as the "State Highway Law."[2]
[2]
Editor's Note: See 36 P.S. § 670-101 et seq.
[1]
Editor's Note: See 53 P.S. § 10509.
B.
An assurance of proper completion of the improvements by financial
security in the subdivision shall be made by one of the following
methods, or such other methods as shall be satisfactory to the Borough:
C.
The amount of financial security shall be equal to 110% of the cost
of completion estimated as of 90 days following the date scheduled
for completion by the applicant, as determined in accordance with
Section 509 of the MPC, and shall be approved by the Borough Engineer.
D.
The financial security shall specify the time for completion of the
required improvements. Annually, the amount of the financial security
may be adjusted as provided for by Section 509(f) of the MPC.
E.
As the required improvements are completed, inspected and approved
by the Borough, a portion of the financial security commensurate with
the cost of the improvement may be released in accordance with Section
509 of the MPC.
F.
In no event shall the entire financial security be released to the
applicant. A minimum of 10% shall be retained until:
(1)
All improvements have been completed, inspected and approved by the
Borough Engineer and accepted by the Borough Council.
(2)
A maintenance security in the amount of 15% of the actual costs to
install the improvements has been posted. The term of the security
shall not exceed 18 months from the date of acceptance.
(3)
One paper and digital (CAD) copy of the as-built plans has been filed
with the Borough and the County Planning Department.
