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.
(1) 
If a modification is granted, it shall be referenced in the conditions of approval of the plan and shall apply only to that plan.
(2) 
A listing of any waivers granted shall be placed on the final plan prior to approval by the Borough.
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.