[Ord. 2016-2267, 10/11/2016]
Before the final plan is signed and made ready for recording or prior to the issuance of any permits needed for construction or occupancy of any subdivision or land development, all applicants are required to complete, to the satisfaction of the Borough Council, all required public improvements in a manner set forth in this Part.
[Ord. 2016-2267, 10/11/2016]
1. 
No final plan shall be approved until the applicant has either completed all of the improvements required by the Borough Council for final plan approval, in compliance with the requirements of this chapter, or provided a proper financial security for those improvements, as required by this Part, in compliance with the Pennsylvania Municipalities Planning Code,[1] to cover the estimated costs for completion of those improvements.
A. 
The work completed or guaranteed shall be in strict accordance with the approved plans and the requirements of this chapter.
B. 
No lot in a subdivision may be sold, and no permit to erect, alter, or repair any building upon land in a subdivision or land development will be issued, unless and until a subdivision and/or land development plan has been approved and, where required, recorded and until the required improvements in connection therewith have either been completed or guaranteed for completion as required herein.
C. 
The applicant shall also guarantee that no lot will be sold or building constructed in any floodplain area except in compliance with the floodplain management requirements of this chapter, the Zoning Ordinance[2] and the Building Code.[3]
[2]
Editor's Note: See Ch. 27, Zoning.
[3]
Editor's Note: See Ch. 5, Code Enforcement.
D. 
Deferral or waiver of required improvements. The Borough Council may defer or waive, at the time of final plan approval, subject to appropriate conditions, the provision of any or all required improvements as, in its judgment, are not requisite in the interests of public health, safety and welfare or which are inappropriate due to the inadequacy or nonexistence of connecting facilities. A separate public improvement agreement may be executed by the Borough Council guaranteeing completion of any deferred improvement.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
2. 
Construction Required.
A. 
The developer shall construct all improvements, including streets, grading, paving, curbs, gutters, sidewalks, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas, and erosion and sediment control measures in conformance with the final plan as approved, the provisions of this chapter, the applicable provisions of PennDOT specifications and any other applicable regulations.
B. 
All of the following items to any residential major subdivision must be completed prior to issuance of the use and occupancy permit for the first new residential unit in the subdivision:
(1) 
Soil erosion control.
(2) 
Stormwater management system.
(3) 
Curbs along streets.
(4) 
Construction of all streets, including binder course of bituminous paving. Wearing course can be delayed until finish grading is completed but prior to issuing of an occupancy permit for the last residential unit or within one year of the date of start of construction, whichever comes first.
(5) 
All underground utility main trunk lines and service branches to right-of-way line at each lot.
(6) 
Buffer and screening planting.
(7) 
Steep slope safety protection.
(8) 
Sidewalks, driveway and parking lot paving at each lot containing a completed residential housing unit.
C. 
If land development of the subdivision is divided into phases, the first phase must be completed prior to beginning the next phase.
[Ord. 2016-2267, 10/11/2016]
1. 
In lieu of the completion of improvements required for final plan approval, financial security, in an amount required, shall be guaranteed to the Borough in compliance with the applicable requirements of the Pennsylvania Municipalities Planning Code. Such financial security shall assure the complete installation of all the required improvements to be completed on or before the date fixed in the plan approval, subdivision agreement, and/or development agreement for completion of such improvements.
2. 
The amount of such security to be posted for the completion of required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the required financial security by comparing the actual cost of improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after the original scheduled date for completion or a rescheduled completion date.
3. 
In determining the cost of the completion of improvements for setting the amount of financial security required in § 22-702, such cost shall be based upon a detailed estimate of the cost of completion of required improvements submitted by the applicant or developer and prepared by a professional engineer and certified to be fair and reasonable. The Borough, under recommendation of the Borough Engineer, may refuse to accept the estimate for good reasons provided to the applicant. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer who is mutually chosen by the Borough and the applicant. The estimate certified by the third engineer shall be presumed to be fair and reasonable and shall be the final estimate.
4. 
When requested by the applicant in order to facilitate financing, the Borough Council shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining a satisfactory financial security. Final plans will not be signed or recorded until the developer's agreement and financial security agreement are executed and the required escrow is provided. The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Borough Council.
5. 
The Borough, at its option, may accept financial security in the form of a cash escrow placed with the Borough or an irrevocable standby letter of credit issued by a commonwealth or federal chartered lending institution chosen by the party posting financial security, provided that said institution is authorized to conduct such business in the Commonwealth of Pennsylvania.
[Ord. 2016-2267, 10/11/2016]
The Borough Council may release all or parts of the posted financial security as completion of improvements proceeds, in compliance with the applicable requirements of the Pennsylvania Municipalities Planning Code.[1]
1. 
Partial release of security. As the work of the installation of the required public improvements proceeds, the party posting the financial security may request the municipality to release or authorize the release, from time to time, of such portions of the financial security necessary for the payment of the contractor or contractors performing the work. Any such request shall be done in writing addressed to the Borough. Upon receipt of the request for release of a portion of the improvement security, the Borough shall, within 45 days, allow the Borough Engineer to certify, in writing, that such portion of the public improvements has been completed in accordance with the approved plan and to determine the value thereof based on the estimated cost of completion, as adjusted pursuant to § 22-702. Within the same time period and upon certification by the Borough Engineer, the Borough shall authorize the release to the applicant or his designee by the lending institution of an amount of funds equal to 85% of the value of the work completed with 15% of the approved amount being retained until completion of all improvements. If the Borough fails to act upon a request for release of security within 45 days, the Borough shall be deemed to have approved the full release of security as requested, less 15% of the requested amount being retained until completion of all improvements.
2. 
Incomplete improvements. If the required improvements are not completely installed within the period fixed or extended by the Borough Council, the Borough Council may:
A. 
Declare the financial security in default and require that all improvements be installed regardless of the extent of the building development at the time the agreement is declared in default.
B. 
Suspend final plan approval until the development improvements are completed and record a document to that effect for the purpose of public notice.
C. 
Obtain funds under the security and complete improvements.
D. 
Assign the right to receive funds under the security to any third party, including a subsequent owner of the property wherein improvements were not completed, in exchange for that subsequent owner's promise to complete improvements.
E. 
Exercise any other available rights under the Pennsylvania Municipalities Planning Code.
3. 
Post-completion security. The applicant shall be responsible for maintenance of all improvements until they are offered for dedication and accepted by the Borough. Fifteen percent of the financial security may be held as maintenance security, post-dedication, to secure the structural integrity and functioning of these improvements in accordance with the design and specifications as depicted on the approved final plan.
4. 
Landscaping security. The applicant shall be responsible for the full replacement of all dead or diseased trees or shrubs for 18 months after they have been planted. Security in the amount of 15% of the full landscaping replacement costs shall be held for a period of 18 months following the planting of the required landscaping.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 2016-2267, 10/11/2016]
1. 
Notice. The developer shall notify the Borough Engineer at least 24 hours in advance of commencement of any construction operations requiring inspection.
2. 
Inspection Reports. A daily inspection report shall be filed with the Borough Inspections Department for each day of construction activity within landfill area when activity involves curbing, road and streets, storm sewer, sanitary sewers, water mains and building foundations. Inspections are to be performed by the Borough Engineer, Borough-approved site engineers or independent testing laboratory. The cost of inspections shall be the responsibility of the owner/developer.
3. 
The construction or installation of all improvements shall at all times be subject to inspection by representatives of the Borough of Phoenixville. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner, or that erosion and sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction, the said representative is empowered to require corrections to be made and/or the suspension of subdivision approval, and to issue a cease-and-desist order which may include any or all of the following sanctions:
A. 
No lot in the subdivision shall be conveyed or placed under agreement of sale.
B. 
All construction on any lots for which a building permit has been issued shall cease.
C. 
No further building permits for any lots shall be issued.
4. 
The said cease-and-desist order shall be terminated upon determination by the Borough that the said defects or deviations from plan requirements have been corrected.
5. 
No underground pipes, structures, subgrades or base course shall be covered until inspected and approved by the Borough Engineer or other qualified Borough representative. These inspections shall be effected in accordance with Subsection 3 above and shall occur at the following intervals:
A. 
Prior to clearing and rough grading.
B. 
Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage or other site improvements or establishing covers.
C. 
Upon excavation and completion of subgrade.
D. 
Upon excavation, installation and completion of drainage structures, community sewage systems or water supply systems.
E. 
Before placing the stone base course, or before the initial layer of screening.
F. 
Before placement of the binder course.
G. 
Before placement of the wearing course.
H. 
Upon completion.
6. 
Improvement Specifications. All required road improvements should be constructed in accordance with the applicable provisions of PennDOT Form 408, current edition, including the latest revisions, and other applicable regulations. All other required improvements shall be constructed in accordance with approved specifications found in the Borough's Engineering Standards.
A. 
Specifications. The specifications will be furnished to the applicant by the Borough. If any of the specifications are unavailable at the Borough Office, the Borough Engineer shall provide the applicable specifications.
B. 
Sample of Materials. During or after construction of any required improvement, if the Borough requires a sample of materials, said sample shall be furnished by the appropriate contractor, in a form specified by the Borough Engineer.
7. 
Delivery Slips. Copies of all delivery slips for materials used in the construction of any storm sewers, sanitary sewers, roads, curbs, sidewalks, or any other facility within a Borough right-of-way or easement shall be supplied to the Borough.
[Ord. 2016-2267, 10/11/2016]
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be requested to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. All such improvements or contributions for future off-site improvements shall be considered voluntary and will not be refunded to the developer. The developer may also be requested to cover certain costs which must be incurred by the Borough or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in § 22-702.
[Ord. 2016-2267, 10/11/2016]
1. 
Upon completion of any public improvements shown on an approved subdivision plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit written offer of such public improvements for dedication to the Borough. Said offer shall include a deed of dedication covering said public improvements together with satisfactory proof establishing the developer's clear title to said property. Such documents are to be filed with the Borough Secretary for review by the Borough Solicitor.
2. 
Deeds of dedication for public improvements may be accepted by resolution of the Council at a regular meeting thereof. The Borough Council may require that at least 50% of the lots in any approved subdivision or land development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the streets, even though constructed according to the specifications of this chapter, deteriorate before the said 50% of the lots have certificates of occupancy issued, such streets shall be repaired, at the expense of the developer, in a manner acceptable to the Borough Council before being accepted by the Borough.
3. 
The Council may require that certain subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a community association or an organization capable of carrying out maintenance responsibilities.
4. 
Conditions. The Borough shall have no obligation to accept dedication of any street or other improvement unless:
A. 
The required improvements, utility mains and laterals, and monuments shown on the approved plan or plans have been constructed to meet all requirements and are free of defects or deterioration.
B. 
It is established to the satisfaction of the Borough Council that there is a need for the dedication of improvements.
5. 
Acceptance. The Borough shall have no responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public, unless the street or other improvement is accepted by an ordinance (or resolution) adopted by the Borough Council.
[Ord. 2016-2267, 10/11/2016]
Within 30 days after completion and Borough approval of subdivision or land development improvements as shown on final plans, and before Borough acceptance of such improvements, the developer shall submit to the Borough Council a plan showing actual locations, dimensions and conditions of streets and all other public improvements, including easements, showing geometry and monument locations certified by a registered engineer and/or a registered surveyor to be in accordance with actual construction. As-built plans shall show elevations and inverts to all manholes, pipes and roads, lateral connections to sewer mains and water service connections to water service mains. The developer must provide a hard copy and electronic copy of the plan.
[Ord. 2016-2267, 10/11/2016]
When the Borough Council accepts dedication of required improvements following their completion, the Borough Council may require posting of financial security by the applicant to secure the structural integrity and functioning of these improvements in accordance with the design and specifications as depicted on the approved final plan.
1. 
Said financial security shall be of the same type as otherwise required by § 22-702 herein.
2. 
The amount of financial security shall be 15% of the actual cost of installation of the improvements.
3. 
The term of the guaranty shall be 18 months from the date of acceptance of dedication.
[Ord. 2016-2267, 10/11/2016]
Where the maintenance of improvements is to be the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities, the Borough Council shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowners' successors in interest and may further require that an initial maintenance fund be established in a reasonable manner.
[Ord. 2016-2267, 10/11/2016]
Before the Borough Council shall cause its approval to be endorsed upon the final plans of any subdivision or land development (except in the case of minor subdivisions wherein the Borough Council imposes no condition or conditions for the approval of the plan), and as a requirement for the approval thereof, the owners shall enter into a written agreement with the Borough in the manner and form set forth by the Borough Solicitor, which shall include but not be limited to the following:
1. 
To construct or cause to be constructed, at the owners' expense, all streets, curbs, sidewalks, fire hydrants, streetlights, drainage facilities, water and sewer facilities, street signs, monuments, capped sewers, parks, and other improvements shown on said final plan when required to do so by the Borough Council in accordance with the standards and specifications of the Borough.
2. 
To maintain, at the owners' cost, the said streets, curbs, sidewalks, drainage facilities, water and sewer facilities, street signs, parks, monuments, fire hydrants, streetlights, capped sewers, and other improvements, until the same are accepted or condemned by the Borough for public use, and for a period of 18 months thereafter to repair and reconstruct the same of any part of one of them when such repair or reconstruction shall be specified by the Borough Council as necessary by reason of faulty construction, workmanship, or materials, and at or before acceptance of such improvements by the Borough.
3. 
To install, or cause to be installed, at the owners' expense and without any cost to the Borough for any part of such installation, streetlighting facilities on all streets abutting the subdivision.
4. 
To pay all costs, charges or rates of the utility furnishing electric service for the lighting of the streets on or abutting said subdivision, from the lights installed by the owner, until such time as the streets shown on the subdivision plans shall be accepted as public streets of the Borough by resolution approved by the Court of Quarter Sessions or condemnation proceedings, and to indemnify and hold harmless the Borough from and against all suits, actions, claims, and demands for electric service to the streets shown on said plans, or any part thereof, to the time that said streets shall be accepted as public streets of the Borough in the manner hereinabove set forth.
5. 
To pay the inspection fees required by the Borough.
6. 
To obtain the easements and releases required when any street, drainage facility or other improvement in a subdivision abuts or traverses land of persons other than the person holding legal title to the lands of the subdivision, at his own cost, and obtain from the owner of the lands so abutted or traversed full releases from all damages which may result from a change in grade, construction, or otherwise of the street, drainage facility or other improvements, and such releases shall inure to the benefit not only of the owner of the subdivision but to the Borough as well.
7. 
To promptly remove or cause to be removed snow from the streets as may be required for safe traverse of the streets prior to dedication.
8. 
To promptly reimburse to the Borough reasonable attorneys' and engineers' fees.
9. 
Such other provision(s) as deemed necessary or desired by the Borough Council.