No plan shall be granted final approval until the applicant
either:
A.
Installs all improvements as required by this chapter in accordance
with the applicable design standards.
B.
Posts a form of financial security, acceptable to the Planning Commission,
which shall be of sufficient amount to fully cover the costs of all
required improvements in accordance with the applicable design standards.
A.
A financial guarantee which shall be deemed as acceptable financial
security for the purposes of this chapter shall include:
(1)
An unconditional and irrevocable letter of credit with authorization
for drawing upon by the City of Nanticoke in the event of default
or failure by the developer or applicant to complete the installation
of required improvements.
(2)
A restrictive escrow account.
(3)
Other types of financial security which the City may approve, which
approval shall not be unreasonably withheld.
B.
Such financial security shall be with a lending institution which
is chartered by the federal government or the Commonwealth of Pennsylvania
or with a bonding company which is legally authorized to conduct such
business within the Commonwealth of Pennsylvania.
The financial guarantee shall be submitted to the City's
Solicitor and the Solicitor to the Planning Commission for their review
not less than 14 days prior to the public meeting at which the plan
will be submitted for final approval.
The amount of financial 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 scheduled completion date. The
amount of the required financial security shall be based upon a written
estimated cost of completion of required improvements submitted by
the developer or applicant and prepared by a professional engineer,
licensed as such by the commonwealth. Said engineer shall certify
in writing that his estimated cost for the completion of the required
improvements is a fair and reasonable estimate. The Planning Commission,
upon the recommendation of the City Engineer, may for good cause shown
refuse to accept the developer's estimated cost. In cases where
the City and the developer or applicant are unable to agree on an
estimate, then the estimate shall be recalculated and recertified
by another licensed professional engineer, mutually accepted by the
City and the developer or applicant. The estimate certified by the
third-party engineer, being presumed fair and reasonable, shall be
deemed the final estimate. In the event that a third-party engineer
is chosen, the cost of his services shall be paid equally by the City
and the developer or applicant.
A.
The financial security shall provide for and secure to the public
the completion of the required improvements within one year of the
date fixed on the final plan for the completion of such improvements.
B.
If the applicant in posting the financial security requires more
than one year from the date of posting the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
anniversary date from posting of the financial security or to an amount
not exceeding 110% of the cost of completing the required improvements
as reestablished on or before the expiration of the preceding one-year
period.
In the case where development is projected over a period of
years, the Planning Commission may authorize the submission of final
plans by sections or phases of development subject to such requirements
or guarantees as to improvements in future sections or phases of development
as it finds essential for the protection of any finally approved section
of the development.
A.
As the work of installing the required improvements proceeds, the
party may request the Planning Commission to release or authorize
the release from time to time of such portions of the financial security
necessary for payment to the contractor or contractors performing
the work.
B.
Any such request shall be in writing addressed to the Planning Commission,
and the Commission shall have 45 days from receipt of such request
within which to allow the City Engineer to certify in writing to the
Planning Commission that such portion of the work upon the improvements
has been completed in accordance with the approved plan.
C.
Upon such certification, the Planning Commission shall authorize
release by the bonding company or lending institution of an amount
as estimated by the City Engineer as fair in representing the value
of the completed improvements. Failure of the Planning Commission
to act within the said forty-five-day period shall be deemed an approval
of the release of the funds requested.
D.
The Planning Commission may, prior to final release at the time of
completion and certification by its Engineer, require retention of
10% of the estimated cost of the aforesaid improvements.
A.
Where the City accepts dedication of all or some of the required
improvements following completion, it may require the posting of financial
security to secure the structural integrity of said improvements in
accordance with the design and specifications as shown on the final
plan for a term not to exceed 18 months from the date of acceptance
of dedication.
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 which is separate and distinct from
the City, the 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.
A.
If financial security has been provided in lieu of the completion
of improvements required as a condition for final approval, as set
forth in this article, the City shall not condition the issuance of
zoning, building, grading or other permits relating to the erection
or placement of improvements, including buildings, upon the lots or
land as shown on the final plan upon actual completion of the improvements
shown on the approved final plan.
B.
If a financial security has been provided, occupancy permits for
any building or buildings shall not be withheld following the improvement
of the streets providing access to and from existing public roads
to such building or buildings to a permanently passable condition,
as well as the completion of all other improvements as shown on the
approved final plan, either upon the lot or lots or beyond the lot
or lots in question, if such improvements are deemed necessary for
the reasonable use or occupancy of the building or buildings.
A.
When the applicant has completed all of the necessary and required
improvements, the applicant shall notify the Planning Commission in
writing, by certified or registered mail, of the completion of the
aforesaid improvements and shall send a copy thereof to the City Engineer.
B.
The Planning Commission shall, within 10 days after receipt of such
notice, direct and authorize the City Engineer to inspect all the
aforesaid improvements. The City Engineer shall thereupon submit a
report, in writing, to the Planning Commission and shall promptly
mail a copy of the same to the developer. The report by the City Engineer
shall be made and mailed within 30 days from the aforesaid authorization
from the Planning Commission.
C.
The report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part. If said improvements
or any portion thereof be rejected, said report shall contain a statement
of the reasons for such rejection.
D.
The Planning Commission shall notify the developer, in writing, within
15 days of receipt of the City Engineer's report, by certified
or registered mail, of the action of the Planning Commission with
relation thereto.
E.
If the Planning Commission or the City Engineer fails to comply with
the time limitation provisions contained herein, all improvements
will be deemed to have been approved, and the applicant shall be released
from all liability pursuant to its performance guarantee bond or other
security agreement.
If any portion of the said improvements are not approved or are rejected by the Planning Commission, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification as outlined in § 455-57 shall be followed.
Nothing herein, however, shall be construed in limitation of
the applicant's right to contest or question by legal proceedings
or otherwise any determination of the Planning Commission or City
Engineer.
A.
In the event that any improvements which may be required have not
been installed as provided in this chapter or in accordance with the
approved final plan, the Planning Commission can enforce any corporate
bond or other security by appropriate legal and equitable remedies.
B.
If the 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, the City 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 moneys 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, or from both, brought against the applicant,
shall be used solely for the installation of the improvements covered
by such security and not for any other municipal purpose.
In addition to the fees noted in § 455-11 of this chapter, the developer shall be responsible for payment of all engineering fees which the City may incur as related to §§ 455-50, 455-51, 455-53, 455-54 and 455-57 of this article. The developer shall be required to fully reimburse the City for said engineering fees. The developer shall also be required to fully reimburse the City for any engineering and/or other consulting fees which the City may incur for the review of any required studies and/or reports within the context of an "impact analysis" as so defined in Article II of this chapter. Upon notification by the City of such costs, the developer shall provide a certified check or money order to the City to fully reimburse the City for said engineering fees. An approved plan shall not be signed by the Planning Commission until all fees are paid in full.
A.
An applicant may contest the amount to be reimbursed to the City
for consulting fees. The applicant shall notify the City, in writing,
within 10 working days of the billing date, as to which consulting
fees are disputed as being unreasonable and/or unnecessary. The applicant
shall forfeit any right to contest the amount to be reimbursed to
the City for consulting fees if written notification is not submitted
within the prescribed 10 working days of the date of the billing.
B.
In such cases, the Planning Commission shall not delay or disapprove
a subdivision or land development application or any permit related
to development due to the applicant's written request to contest certain
consulting expenses.
C.
If, within 20 days from the date of billing, the City and the applicant
cannot agree on the amount of consulting expenses which are reasonable
and necessary, then the applicant and the Planning Commission shall
jointly, by mutual agreement, appoint another professional engineer,
licensed as such in the Commonwealth of Pennsylvania, to review the
said expenses and make a determination as to the amount thereof which
is reasonable and necessary.
D.
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
sole opinion deems necessary and render a decision within 50 days
of the billing date. The applicant shall be required to pay the entire
amount determined in the decision immediately.
E.
In the event that the City and applicant cannot agree upon a professional
engineer to be appointed within 20 days of the billing date, then,
upon application of either party, the President Judge of the Court
of Common Pleas of the judicial district in which the municipality
is located (or if at the time there be no President Judge, then the
senior active judge then sitting) shall appoint such engineer, who
shall be neither the City Engineer nor any professional engineer who
has been retained by or performed services for the City or the applicant
within the preceding five years.
F.
The fee of the appointed professional engineer for determining the
reasonable and necessary consulting expenses shall be paid by the
applicant if the amount of the payment required in the decision is
equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the City shall pay the fee of the professional engineer.
If neither of the aforementioned cases apply, the City and the applicant
shall each pay 1/2 of the fee of the appointed professional engineer.
