A. 
Before approving any subdivision plan, the Borough Council shall require a written agreement that necessary grading, paving and street improvements, sidewalks, streetlights, fire hydrants, water mains and sanitary sewers, as may be required by the Borough, shall be installed by the subdivider in strict accordance with the design standards and specifications of the Borough, within a specified time period. Such agreement shall be prepared by the Borough Solicitor at the expense of the developer.
B. 
When requested by the developer in order to facilitate financing, the Borough Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining satisfactory financial security. The final plat shall not be signed nor recorded until the financial improvements agreement is executed. If within 90 days, unless written extension is granted by the Borough Council, the financial improvement agreement is not executed, then the resolution or letter of contingent approval shall expire.
A. 
The Borough Council shall insure, through receipt of certificates of compliance submitted and attested by the Borough Engineer, that required improvements have been installed according to the specifications of the final plat, or alternately require the posting of adequate surety to cover the cost for such improvements. The Borough Council shall specify one of the following alternatives for guaranteeing compliance with the requirements of this section for the developer requesting final approval of a plat. The decision of which alternative shall be required is that of the Borough Council, and final approval of a plat shall not be granted until the surety required is fully provided.
B. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the subdivider's scheduled date of completion. The amount estimated shall be prepared by a licensed professional engineer for submittal to the Borough by the applicant or subdivider. If the amount of the estimated financial security is contested by the Borough Engineer, a third licensed professional engineer chosen mutually by the applicant or subdivider and the Borough shall estimate the amount of financial security necessary, which estimate shall be presumed fair and reasonable. Fees for the services of the third engineer shall be paid equally by the Borough and the applicant or subdivider.
(1) 
Completion of improvements prior to final approval. Prior to final plat approval, the subdivider shall complete, in a manner satisfactory to the Borough Council and the Borough Engineer, all improvements required in these regulations specified in the final subdivision plat and as approved by the Borough Council and shall dedicate same to the Borough in accordance with these regulations. Final plat approval shall not be granted until the dedication of said improvements has been accepted by the Borough Council.
(2) 
Guarantee of future performance. In lieu of requiring the completion of all improvements prior to final plat approval, the Borough may, at its discretion, enter into a contract with the subdivider whereby the subdivider shall guarantee to complete all improvements required by this chapter or otherwise specified by the Borough Council in a manner satisfactory to the Borough Council. To secure this contract, the subdivider shall provide, subject to the approval of the Borough Council, one of the following guarantees:
(a) 
Surety bond. The subdivider shall obtain a security bond from a surety bonding company authorized to do business in the State of Pennsylvania. The bond shall be payable to the Borough and shall be in an amount sufficient to cover the entire cost, as estimated by the Borough Engineer, as herein provided, for the installation of all improvements. The duration of the bond shall be until such time as the improvements are accepted by the Borough in accordance with the requirements of this chapter.
(b) 
Escrow account. The subdivider shall deposit cash, or other instruments readily convertible into cash at face value, either with the Borough or in escrow with a bank. The form of any instruments other than cash, and, in the case of an escrow account, the bank with which the funds are to be deposited, shall be subject to the approval of the Borough Solicitor. The amount of the deposit shall be at least equal to the cost, as estimated by the Borough Engineer, of installing all required improvements, plus 10%. In case of an escrow account, the subdivider shall file with the Borough Council an agreement between the financial bank and himself guaranteeing the following:
[1] 
That the funds of said escrow account shall be held in trust until released by the Borough Council and may not be used or pledged by the subdivider as security in any other matter during the period; and
[2] 
That, in the case of a failure on the part of the subdivider to complete said improvements, the bank shall immediately make the funds in said account available to the Borough for use in the completion of those improvements.
(c) 
Irrevocable letter of credit. An irrevocable letter of credit in an amount equal to the cost of all required improvements, as estimated by the Borough Engineer, plus 10%, shall be posted naming the Borough Council as beneficiaries. The financial institution which provides the irrevocable letter of credit shall be first approved by the Borough Council. Failure on the part of the subdivider to complete said improvements shall cause the funds posted as an irrevocable letter of credit to be more available to the Borough upon written notice of a claim against said funds.
A. 
Procedure.
(1) 
When the developer has completed all of the required improvements, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy to the Borough Engineer.
(2) 
The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report, in writing, with the Borough Council, and shall promptly mail a copy of the same 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 aforesaid authorization from the Borough Council; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements or any portion thereof shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
(3) 
The Borough Council shall notify the developer, in writing, by certified or registered mail, within 15 days of receipt of the engineer's report of the action of said Borough Council with relation thereto.
(4) 
If any portion of the required improvements shall not be approved or shall be rejected by the Borough Council, the developer shall proceed to complete the same, and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
(5) 
Nothing herein, however, shall be construed in limitation of the subdivider's or developer's right to contest or question, by legal proceedings or otherwise, any determination of the Borough Council or the Borough Engineer.
(6) 
The Borough may prescribe that the applicant shall reimburse the Borough for the reasonable and necessary expense incurred in connection with the inspection of improvements. The applicant shall not be required to reimburse the Borough Council for any inspection which is duplicative of inspections conducted by other governmental agencies or public utilities. The burden of proving that any inspection is duplicative shall be upon the objecting applicant. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough's professional consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant to the Borough for comparable services when fees are not reimbursed or otherwise imposed on applicants.[1]
(a) 
The Borough Council shall submit to the applicant an itemized bill showing the work performed in connection with the inspection of improvements performed, identifying the person performing the services and the time and date spent for each task. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, no later than 100 days after the date of transmittal of a bill for inspection services, notify the Borough and the Borough's professional consultant that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objections to the fees charged, in which case the Borough shall not delay or disapprove a request for release of financial security, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses. Failure of the applicant to dispute a bill within 100 days shall be a waiver of the applicant's right to arbitration of that bill under this section.
(b) 
Subsequent to the final release of financial security for completion of improvements for a subdivision or land development or any phase thereof, the professional consultant shall submit to the Borough Council a bill for inspection services, specifically designated as a final bill, which the Borough Council shall submit to the applicant. The final bill shall include inspection fees incurred through the release of financial security.
(c) 
If the professional consultant and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 100 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as an arbitrator. The applicant and professional consultant whose fees are being challenged shall, by mutual agreement, appoint another professional consultant to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional consultant whose fees are being challenged.
(d) 
The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and shall render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the applicant or the professional consultant whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days. In the event the Borough has paid the professional consultant an amount in excess of the amount determined to be reasonable and necessary, the professional consultant shall within 60 days reimburse the excess payment.
(e) 
In the event that the Borough's professional consultant and applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for appointment of an arbitrator, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Borough is located (or, if at the time there be no President Judge, then the senior active Judge then sitting) shall appoint such arbitrator, who, in that case, shall be neither the Borough's professional consultant nor any professional consultant who has been retained by, or performed services for, the Borough or the applicant within the preceding five years.
(f) 
The fee of the arbitrator shall be paid by the applicant if the disputed fee is upheld by the arbitrator. The fee of the arbitrator shall be paid by the charging party if the disputed fee is $2,500 or greater than the payment decided by the arbitrator. The fee of the arbitrator shall be paid in an equal amount by the applicant and the charging party if the disputed fee is less than $2,500 of the payment decided by the arbitrator.
(g) 
In the event that the disputed fees have been paid and the arbitrator finds that the disputed fees are unreasonable or excessive by more than $10,000, the arbitrator shall:
[1] 
Award the amount of the fees found to be unreasonable or excessive to the party that paid the disputed fee; and
[2] 
Impose a surcharge of 4% of the amount found as unreasonable or excessive to be paid to the party that paid the disputed fee.
(h) 
The Borough or the applicant shall have 100 days after paying a fee to dispute any fee charged as being unreasonable or excessive.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(7) 
At the time of final approval and prior to the issuance of any required Borough permit, a deposit of 10% shall be made by the applicant with the Borough for the costs of review and inspection where public utilities and facilities are proposed. Said 10% shall be calculated as 10% of the total costs of installation of said public utilities and facilities. Any funds unexpended at the time of acceptance of the aforementioned public utilities and facilities shall be returned to the applicant.
A. 
In the event that any improvements which may be required have not been constructed and installed as provided for in the written agreement, this chapter and the requirements of the Borough Council or in accord with the approved final plan, the Borough Council shall enforce any corporate bond or other security by appropriate legal and equitable remedies.
B. 
If 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 Borough Council 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 monies 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 brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.
A. 
Before the Borough Engineer shall issue to the Borough Council a written certification that all improvements specified and required have been satisfactorily completed in accordance with the agreement and requirements relative to the land development and in compliance with the specifications, standards, ordinances and requirements of the Borough, the subdivider or developer shall be required to deposit with the Borough a corporate maintenance bond, or other surety acceptable to the Borough Solicitor, in such amount, under such conditions, and in such form as shall be required by the Borough Council. The maintenance bond shall guarantee the repairs and maintenance by the subdivider or developer of the streets, roads, pavement, sidewalks, curbs, gutters, stormwater drains and facilities, sanitary sewer and facilities and any other improvements constructed and installed in the subdivision or development for a period of 18 months from the date of final and official acceptance of the above said improvements and facilities by the Borough Council. The amount of the maintenance bond shall not exceed 15% of the actual cost of installation of said improvements.
B. 
The repairs and maintenance required to be performed by the subdivider or developer shall extend only to making good any inherent defects which become manifested in the materials and workmanship under ordinary conditions and shall not be held to cover any breakage or damage caused by improper use or by accident resulting from circumstances over which the subdivider or developer has no control.
Upon completion of the inspection and approval of the public improvements, the developer shall submit a request to the Borough Council, in writing, to accept the dedication of the public improvements. The request for acceptance shall include deeds of dedication and all other legal descriptive documents necessary to prepare a resolution or ordinance and shall be submitted at least 20 days prior to the regular meeting of the Borough Council. At the regular meeting, the Borough Council shall enact a resolution or ordinance accepting the public improvements as part of the Borough's public facilities, subject to the posting of the maintenance bond required by this chapter.
Prior to the end of the eighteen-month period when the maintenance bond expires and before the maintenance bond is released, the Borough Engineer shall make a final inspection and certify in writing to the Borough Council that all the public improvements are in good order. If any repairs are required or maintenance needed, the subdivider shall be notified in writing, and such repairs or maintenance shall be done and approved prior to certification by the Borough Engineer.
The applicant shall be responsible from the time there is at least one occupant in the proposed development to plow snow and disperse anti-skid material on development roads as may be necessary to provide ingress and egress to the occupants at the applicant's cost, prior to the acceptance of dedicated streets. The applicant shall post with the Borough the sum of $1,000 as an escrow to provide for snow removal and the dispersal of anti-skid material prior to acceptance of dedication of the streets. All payments to the Borough for said snow removal and dispersal of anti-skid material shall be made from the escrow fund. In the event that the escrow should become depleted, the applicant shall post an additional sum of $1,000 and such further amounts as may be necessary until such time as the dedication of the streets is accepted by the Borough.
A. 
No road, street, land, way or related improvement shall be accepted as a part of the highway system of the Borough or for maintenance unless opened, laid out, graded and improved in strict accordance with the standards and regulations of the Borough. The requirements, specifications and standards of construction, material and appurtenances as designated herein are considered as minimum, and the Borough Council may, as it deems advisable, revise said specifications and requirements to secure a higher standard of improvements and community development.
B. 
No stormwater drainage facilities, sanitary sewer and sewage treatment facilities, water supply and water distribution system and facilities or any other facilities or improvements will be accepted as a part of the Borough's facilities for operation and maintenance unless designed and constructed in strict compliance with all the standards, specifications, rules, regulations, ordinances and requirements of the Borough.
A. 
Upon approval of this final plat, the subdivider or developer shall within 60 days of such final approval deliver to the Borough offices the following plats and documents for Borough signatures:
(1) 
One original linen or Mylar and two duplicate Mylars and six prints.
(2) 
Four sets of prints of the final construction drawings and supporting documents.
(3) 
Executed homeowners' association document, signed and recorded by participating property owners, where applicable.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Executed developer's agreement meeting the requirements of § 350-64, Performance requirements, and of § 350-65, Performance guarantees, of this chapter.
B. 
At the time of submittal of the plans and documents as specified in this section, the developer shall pay to the Borough a fee equal to the prevailing fee of the Butler County Recorder of Deeds for recording the original plat and any homeowners' association documents required to be recorded in such office, plus a fee for all municipal services rendered as set forth in the appropriate fee resolutions.
C. 
Upon recording of plats and homeowners' association documents, the Borough shall apprise the subdivider or developer of the official filing date as well as the appropriate recording reference data and make available one duplicate Mylar plat and one set of approved construction drawings, plus a copy of the homeowners' association documents.
D. 
After an approved subdivision plan shall have been officially recorded, the streets, parks, and other public improvements shown thereon shall be considered to be a part of the official plan of the Borough.
E. 
Streets, parks and other public improvements shown on a subdivision plan to be recorded may be offered for dedication to the Borough by formal notation thereof on the plan, or the owner may note on such plan that any improvements have not been offered for dedication to the Borough.
F. 
Every street, park or other improvement shown on a subdivision plan shall be deemed to be a private street, park or improvement until such time as the same shall have been offered for dedication to the Borough and accepted by ordinance or resolution, or until it shall have been condemned for use as a public street, park or other improvement.
G. 
Any single nonresidential land development, whether occurring on one lot or on a combination of parcels under single ownership and phased over a period of years, shall be recorded with Butler County as an approved land development plan following completion of all contemplated improvements and structures. One Mylar drawing shall be submitted to the Butler County Recorder of Deeds and two paper copies filed with the Borough of Slippery Rock.
Any subdivider aggrieved by a finding, decision or recommendation of the Borough of Slippery Rock Planning Commission or the Borough Council may present additional relevant information and request reconsideration of the original finding, decision or recommendation upon written request within 30 days of notification of the Planning Commission or Borough Council decision on either the preliminary or final plat application.
In any case where the Borough Council shall refuse to approve any plats submitted to it in accordance with this chapter, any person aggrieved by the action of the Borough Council may appeal as provided by law to the Court of Common Pleas of Butler County, Pennsylvania.
If any road or any drainage facilities in connection therewith shall be opened, constructed, or dedicated for public use or travel except in strict accordance with plats approved and recorded as herein provided, neither the Borough Council nor any public authorities shall place, construct, or operate any sewer, drain, water pipe or other facilities, or do any work of any kind, in or upon such road, and neither the Borough Council nor any other public authorities shall have responsibility of any kind with respect to any such road or drainage facilities, notwithstanding any use of the same by the public; provided, however, that nothing herein contained shall prevent the laying of trunk sewers, drains, water or gas mains, if required by engineering necessity for the accommodating of other territory.