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 Municipal Council,
all required public improvements in a manner set forth in this article.
No final plan shall be approved until the applicant has either:
1. Completed all of the improvements required by the Municipal Council
for final plan approval, in compliance with the requirements of this
chapter; or
2. Provided a proper financial security for those improvements, as required
by this article, in compliance with the Pennsylvania Municipalities
Planning Code, 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, and
the Building Code.
D. Deferral or waiver of required improvements. The Municipal 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 Municipal Council guaranteeing completion
of any deferred improvement.
The Municipal 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. 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
Municipality. Upon receipt of the request for release of a portion
of the improvement security, the Municipality shall, within 45 days,
allow the Municipal Engineer to certify, in writing, that such portion
of the public improvements has been completed in accordance with the
approved plan, at which time the Municipality shall authorize the
release to the applicant or his designee by the lending institution
of an amount of funds that the Municipal Engineer feels fairly represents
the value of the work completed. If the Municipality fails to act
upon a request for release of security within 45 days, the Municipality
shall be deemed to have approved the full release of security as requested.
2. Incomplete improvements. If the required improvements are not completely
installed within the period fixed or extended by the Municipal Council,
the Municipal Council may:
A. Declare the financial security in default and require that all improvements
be installed regardless of the 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 Municipality. Fifteen percent of the financial
security may be held back to ensure that the public improvements are
maintained until they are dedicated.
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.
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 Municipality 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 §
282-602.
When the Municipal Council accepts dedication of required improvements
following their completion, the Municipal 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 §
282-602 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.
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 Municipal 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.
Before the Municipal 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 Municipal 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 Municipality in the manner and form
set forth by the Municipal 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 Municipal Council in accordance with the
standards and specifications of the Municipality.
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 Municipality 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 Municipal Council as necessary by reason
of faulty construction, workmanship, or materials, and, at or before
acceptance of such improvements by the Municipality.
3. To install, or cause to be installed, at the owners' expense
and without any cost to the Municipality 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 Municipality by resolution approved by the Court of Quarter
Sessions or condemnation proceedings, and to indemnify and hold harmless
the Municipality 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 Municipality in the manner hereinabove set
forth.
5. To pay the inspection fees required by the Municipality.
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 Municipality 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 Municipality reasonable attorneys' and
engineers' fees.
9. Such other provision(s) as deemed necessary or desired by the Municipal
Council.