A.
The purpose of this article is to establish and define the public
improvements that will be required by Tullytown Borough to be constructed
or cause to be constructed by the applicant. Inspection of improvements
shall be the responsibility of the Borough.
B.
All improvements shall be constructed in accordance with the specifications
of Tullytown Borough.
A.
The improvements required by this chapter are minimum requirements.
Tullytown Borough reserves the right in any case to increase the same
if conditions so warrant in order to protect the health, safety, and
welfare of Borough residents.
B.
Before the Borough Council shall approve and endorse final plans
of any subdivision or land development, and as a requirement for the
approval thereof, the developer shall enter into a written agreement
with the Borough, in the manner and form set forth by the Borough
Solicitor, to guarantee the construction and installation of all improvements
required by this chapter at the developer's expense. When requested
by the developer, in order to facilitate financing, the Council shall
furnish the developer with a signed copy of a resolution indicating
approval of the final plan contingent upon the developer obtaining
satisfactory financial security. The final plan or record plan shall
not be signed or recorded until the financial improvements agreement
is executed. The resolution or letter 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 Council.
C.
Final plan approval shall be conditioned upon the streets shown on
the plan having been improved to a permanently passable condition,
or improved as may be required by this chapter, and any walkways,
bikeways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm drains and other improvements
as may be required by this chapter have been installed. In lieu of
the completion of any improvements as may be required by this chapter,
the developer shall furnish to Tullytown Borough a financial security
with such surety as the Council shall approve, in an amount sufficient
to cover the costs of any improvements that may be required. Such
financial security, or other security, shall provide for and secure
to the public the completion of any improvements that may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of improvements. The amount of financial
security to be posted for completion of the 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, Tullytown Borough may adjust the amount of the financial
security by comparing the actual cost of the improvements that have
been completed and the estimated cost for the completion of the remaining
improvements as of the expiration of the 90th day after either the
original date scheduled for completion or a rescheduled date of completion.
Subsequent to said adjustment, Tullytown Borough may require the developer
to post additional security in order to assure that the financial
security equals said 110%. Any additional security shall be posted
by the developer in accordance with this section.
D.
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost. Tullytown Borough, upon recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and Tullytown Borough are unable to agree upon an estimate, the procedures set forth in the Pennsylvania Municipalities Planning Code, Article V, Section 509(g),[1] shall be followed. If the developer requires more than
one year from the date of posting of 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
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
[1]
Editor's Note: See 53 P.S. § 10509(g).
E.
In the case where development is projected over a period of years,
the Borough Council may authorize submission of final plans by section
or stages of development, subject to such requirements or guarantees
as to improvements in future stages of development as it finds essential
for the protection of any finally approved section of the development.
As the work of installing the required improvements proceeds, the
developer may request the Borough to release, from time to time, such
portions of the financial security necessary for payment to the contractor
performing the work. Any such request shall be in writing, addressed
to Tullytown Borough, and Borough Council shall have 45 days from
receipt of such request within which to allow the Borough Engineer
to certify, in writing, to the Council that the improvements have
been completed in accordance with the approved plan. If Tullytown
Borough fails to act within the forty-five-day period, Tullytown Borough
shall be deemed to have approved the release of funds as requested.
Tullytown Borough may, prior to final release at the time of completion
and certification by the Borough Engineer, require retention of 10%
of the estimated cost of the aforesaid improvements.
F.
Where Tullytown Borough accepts dedication of all or some of the
required improvements following completion, Tullytown Borough may
require the posting of financial security to secure structural integrity
of the improvements as well as the functioning of said improvements
in accordance with the design and specifications as depicted on the
final plan for a term not to exceed 18 months from the date of acceptance
of dedication. The amount of this financial security shall not exceed
15% of the actual cost of installation of the improvements.
G.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plan as set forth in this section, the Borough shall not condition
the issuance of building, grading or other permits relating to the
construction of the improvements, including buildings, upon the lots
or land as depicted on the final plan. Moreover, if said financial
security has been provided, occupancy permits for any building or
buildings to be erected 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 depicted upon
the approved plan, either upon the lot or lots or beyond the lot or
lots in question, if such improvements are necessary for the reasonable
use of or occupancy of the building or buildings.
H.
Release from performance guarantee.
(1)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify Tullytown Borough, by certified
or registered mail, of the completion of the improvements and shall
send a copy to the Borough Engineer. Tullytown Borough shall, within
10 days after receipt of such notice, direct and authorize the Borough
Engineer to inspect all of the improvements. The Borough Engineer
shall file a report with Tullytown Borough, and shall mail a copy
of the report 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 authorization from Tullytown Borough. This
report shall indicate approval or rejection of the improvements, and
if the improvements, or any portion thereof, shall not be approved
by the Borough Engineer, this report shall contain a statement of
reasons for such nonapproval or rejection.
(2)
The Borough Council shall, within 15 days of receipt of the
Borough Engineer's report, notify the developer, by certified
or registered mail, of its actions in response to the Borough Engineer's
review of improvements.
(3)
If the Borough Council or the Borough Engineer fails to comply
with the time limitation provisions, all improvements will be deemed
to have been approved and the developer shall be released from all
liability, pursuant to its performance guarantee bond or other security
agreement.
(4)
If any portion of the improvements shall not be approved or
shall be rejected by the Borough Council, the developer shall proceed
to complete the improvements and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
(5)
The applicant shall reimburse Tullytown Borough for the reasonable and necessary expense incurred for the inspection of such improvements. Such reimbursement shall be based upon a schedule adopted by resolution and shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough Engineer or consultant for work performed for similar services in Tullytown Borough, and in no event shall the fees exceed the rate or cost charged by the Borough Engineer or consultant to Tullytown Borough when fees are not reimbursed or otherwise imposed on applicants. In the event that the applicant disputes the amount of such expense in connection with inspection of improvements, the procedure set forth in the Pennsylvania Municipalities Planning Code (Act 247, as amended), Section 510(g), Subsections (1) through (5),[2] shall be adhered to.
[2]
Editor's Note: See 53 P.S. § 10510(g)(1) through
(5).
(6)
Roads and parking areas in residential developments shall be
completed (except for the wearing course) before any occupancy permit
is issued for any residence in the subdivision or land development.
I.
Remedies for completion of improvements. In the event that required
public improvements have not been installed as provided in this chapter
or in accordance with the approved final plan, the Council shall enforce
the public improvements agreement and draw on the financial security
to insure the installation of the public improvements.
A.
The provisions of this chapter are the minimum standards for the
protection of the public welfare. The Borough reserves the right to
modify or extend them as may be necessary in the public interest.
B.
If the applicant establishes that literal enforcement of any provision
of this chapter will exact undue hardship because of peculiar conditions
pertaining to the applicant's land, the Borough may grant a modification,
in writing, to such applicant, provided that such modification will
not be contrary to the public interest and the purpose and intent
of this chapter.
C.
All requests for modification shall be in writing, signed by the
applicant, and shall accompany and be a part of the application for
development. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions of the ordinance involved, and the minimum
modification necessary. The request for modification may be referred
to the Planning Commission for advisory comments.
D.
In granting modifications, the Borough may impose such conditions
as will, in its judgment, substantially secure the objectives of the
standards or requirements so modified.
E.
The Borough shall keep a written record of all action on all requests
for modifications.
After completion and municipal approval of subdivision or land
development improvements as shown on final plans, and before municipal
acceptance of such improvements, the developer shall submit to Council
a corrected copy of said plans showing actual dimensions and conditions
of streets and all other improvements, certified by an engineer or
surveyor to be in accordance with actual construction. As-built plans
for individual lots shall also be provided to the Borough.
A.
Conditions. The Borough shall have no obligation to take over and
make public any street or other improvement unless:
(1)
The required improvements, utility mains and laterals, and monuments,
shown on an approved plan or plans, have been constructed to all requirements.
(2)
It is established to the satisfaction of Council that there
is a need for the improvements to be taken over and made public.
(3)
Title insurance shall be provided to the Borough for all land
and improvements being dedicated.
(4)
A deed of dedication to the Borough and release of mortgage
or other liens executed by all parties shown on the certificate to
have an interest in the improvements is delivered to the Borough.
The applicant shall tender a deed of dedication to the Borough or
appropriate authority for such streets, any and all easements for
sanitary sewers or storm sewers and improvements thereto, including
street paving, curbs, sidewalks, monuments, sanitary and storm sewers,
manholes, inlets, pumping stations, and other appurtenances as shall
be constructed as public improvements and as are required for the
promotion of public welfare, after all streets, curbs, sidewalks,
and sewers are completed and such completion is certified as satisfactory
by the Borough Engineer.
(5)
A maintenance bond for a period of 18 months from the date of
acceptance, in the amount of 15% of the cost of construction with
surety satisfaction to Council, is supplied.
(6)
As-built plans have been provided for all improvements constructed
(see Section 803 above).
B.
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 of Council.
A.
No application for preliminary or final approval shall be deemed
to have been submitted until the application fee and escrow deposit,
as set forth below, shall have been paid.
B.
A subdivision or land development application fee (nonrefundable) and an escrow deposit shall be submitted with any application for preliminary or final plan approval to cover the costs of plan review and processing. Amounts of the application fee and escrow deposit shall be fixed through adoption of a resolution by Council. The escrowed funds shall be used to reimburse the Borough for actual expenditures incident to these processes, including but not limited to fees of the Borough Engineer and legal fees. Any costs incurred by the Borough in excess of the amount held in escrow shall be fully reimbursed by the applicant prior to the issuance of any permits. Any unexpended balance in the escrow deposit shall become part of the second deposit required in § 153-805C below.
C.
As a condition of final plan approval and recording and following
the establishment of any required performance guarantee, a second
escrow deposit shall be established to cover the cost of inspections
of improvements construction and materials or site testing, prior
to the acceptance of improvements by the Borough. Any costs incurred
by the Borough in excess of the amount held in escrow shall be fully
reimbursed by the applicant. Any unexpected balance in the escrow
deposit following acceptance of dedication of improvements by the
Borough shall be returned to the applicant. The amount of the escrow
deposit shall be fixed by resolution of Council.
