Article VIII Installation of Required Improvements

The applicant may elect to physically install prior to final plan approval all of the required improvements in accordance with the standards and specifications contained in this article and with the final plan submitted to the Borough Council, provided that such final plan has been conditionally approved by the Borough Council subject to the construction of improvements as required herein and subject to the execution of a development agreement set forth in § 220-25.

During construction of all improvements, the Borough Engineer and Borough staff shall be authorized by the Borough Council to inspect said improvements and shall certify if all improvements have been installed in accordance with this chapter. Upon receipt of such a certification, the Borough Council may then proceed to approval of the final plan.

Financial security.

In lieu of § 220-23A above, the applicant shall deposit with the Borough in which the subdivision or land development is located sufficient financial security to secure to the public the completion of all of the required improvements within one year of the proposed completion date that is set forth in the subdivision plan and in the development agreement referred to below in accordance with the requirements of the Pennsylvania MPC.

Said financial security shall be provided by posting a bond with a bonding company or with a federal or commonwealth chartered lending institution. The amount of said financial security shall be equal to 110% of the cost of completion of the required improvements estimated as of 90 days following the date scheduled for completion by the applicant.

§ 220-24 Financial security for maintenance.

Said estimate shall be prepared and may be revised annually as set forth in the Pennsylvania MPC. Said amount of security may be increased by the Borough Council by an additional 10% for each one-year period beyond the first anniversary date for the initial posting of the financial security.

(4)

The provision of such financial security may be made available by the applicant in accordance with any staging plans approved by the Borough Council.

(5)

Notwithstanding the submission of said financial security as required herein, no occupied structure within the proposed subdivision or land development shall be without suitable street access improved with at least the required base, curbs, gutters and utilities for a period of time longer than six months.

Where the Borough accepts dedication of any required improvements, the Borough may require the posting of financial security to secure the structural integrity and functioning of said improvements in accordance with the design and specifications approved in the final plan for a term not to exceed 18 months from the date of acceptance of dedication.

Financial security for maintenance shall be posted as required by § 220-23B in the amount of up to 15% of the actual cost of the installation of said improvements, as required by the Borough accepting dedication of the required improvement. Financial security for maintenance of improvements installed under the jurisdiction and rules of a public utility or a municipal authority shall be posted in accordance with the requirements of said public utility or municipal authority or other appropriate agency and shall not be included in the financial security posted with the Borough.

§ 220-25 Development agreement.

All applicants proposing any subdivision or land development requiring the installation of improvements as required herein shall be required to enter into a legally binding development agreement with the Borough guaranteeing the installation of said improvements in accordance with this chapter. The development agreement shall be in form suitable for execution by the Borough, and it shall consist of the following where applicable:

The construction authorized by the approved final plan or, in the case where § 220-23A applies, in accordance with the conditionally approved final plan.

Construction of streets with any other required improvements.

§ 220-26 Release from financial security for completion of improvements.

Installation of utility lines.

(4)

Installation of streetlighting poles and underground streetlighting cable.

(5)

Dedication of streets, transfer of water and sewer lines and easements to the Borough.

(6)

Prevention of erosion and water damage to adjacent property.

(7)

Applicant's responsibilities for damage to other property.

(8)

The responsibility for providing necessary inspections to ensure compliance with this chapter shall be clearly identified.

(9)

A work schedule, including beginning and ending dates, for improvements contained herein.

(10)

All planning, engineering, inspection, legal service and other professional consultant costs incurred or to be incurred by the Borough, including cost of preparing the development agreement, shall be identified and that amount agreed upon for payment by the applicant on a regular basis.

(11)

Posting of the required financial security to insure completion of all of the required improvements in accordance with § 220-23B.

(12)

Where the Borough accepts dedication of any required improvement, posting of the financial security may be required by the Borough Council to secure the structural integrity and the functioning of said improvement in accordance with § 220-24.

(13)

The developer/applicant shall provide the Borough with two sets of reproducible "as built" plans, including all improvements that are properly referenced to identify specific locations.

(14)

Provisions for violation of the development agreement.

(15)

The applicant shall secure or maintain public liability insurance.

(16)

A save harmless clause.

(17)

Liability of applicant during warranty period.

(18)

Other requirements to assure compliance with this chapter.

No improvements shall be commenced or work begun prior to the execution of the development agreement and the delivery of the required financial security in compliance with § 220-23B, if applicable.

The financial security provided by the applicant for the completion of all improvements shall be released as follows:

When the applicant has completed all of the necessary and approved improvements, he shall so notify the Borough in writing and send a copy to the Borough Engineer.

Within 10 days of receipt of such notice, the Borough shall direct and authorize the Borough Engineer to inspect all of the improvements.

The Borough Engineer shall then file a written report with the Borough and shall mail a copy to the applicant within 30 days after his/her receipt of authorization to inspect all improvements. Said reports shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, with a statement of reasons for any nonapproval or rejection.

The Borough shall notify the applicant in writing of its action in relation to the improvements provided.

If the Borough Council or the Borough Engineer fail to comply with the above time limits, all improvements will be deemed to have been approved and the applicant shall be released from all liability pursuant to its financial security.

Any improvements not approved or rejected by the Borough shall be expeditiously completed by the applicant, and upon completion, the same notification procedure as above shall be followed.

If any required improvement has not been installed as required by this chapter, by the approved final plan or by the executed development agreement, then the Borough shall enforce the financial security posted by appropriate legal and equitable remedies. If the proceeds of such financial security are insufficient to pay the cost of installing or making repairs or corrections to the required improvements, the Borough may, at its option, install part of such improvements and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder.

§ 220-27 Release from financial security for maintenance.

The financial security for maintenance to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted in the final plat shall remain in effect for a term of 18 months after acceptance of dedication by the Borough or other appropriate agency. Said release shall be effected utilizing the following procedures:

If at the end of 18 months subsequent to the acceptance of the dedication by the Borough or other appropriate agency there has been no claim in relation to the financial security and/or if all claims have been resolved and repairs and corrections made, applicant shall so notify the Borough in writing and request the release thereof.

Within 10 days of receipt of such notice, the Borough shall direct and authorize the Borough Engineer to inspect all of the improvements.

The Borough Engineer shall then file a written report with the Borough and shall mail a copy to the applicant within 20 days after his/her receipt of authorization to inspect all improvements. Said report shall be detailed and shall indicate the condition of the improvements.

Upon receipt of the written report, the Borough shall notify the applicant of any action or requests in relation to the improvements secured as to structural integrity as well as the functioning of said improvements or, as applicable, shall release the applicant from all liability pursuant to its financial security.

If the Borough Council or the Borough Engineer fail to comply with the above time limits, all improvements will be deemed to have been approved as to structural integrity as well as the functioning of said improvements in accordance with the design and specifications as depicted in the final plat during the eighteen-month term from date of acceptance of the dedication, and the applicant shall be released from all liability pursuant to its financial security.

Any improvements not approved as to structural integrity as well as the functioning of said improvements in accordance with the design and specifications as depicted in the final plat during the eighteen-month term by the Borough shall be expeditiously repaired or corrections made by the applicant.

If any repair has not been completed or corrections made and if adequate provision and security to assure the repair thereof or corrections thereto have not been made by the applicant, the Borough shall enforce the financial security posted by appropriate legal and equitable remedies. If the proceeds of such financial security are insufficient to pay the cost of making repairs or corrections to the improvements, the Borough may, at its option, make such repairs and corrections and may institute appropriate legal or equitable action to recover the monies necessary to complete the repairs and corrections.

§ 220-28 Exemption for minor subdivisions.

The provisions of this Article VIII may be waived by the Borough Council only for the following types of subdivisions if the Borough Council determines and makes a finding in writing, with the appropriate reasons set forth, that conformance to said sections are not required to ensure the proper completion of the subdivision in accordance with the intent and objectives of this chapter.

Minor subdivisions and/or land developments not involving the provisions of any new streets, easements for access or other public improvements.

Subdivision to be served by a private street as permitted herein, which is not subject to future extension and where such private street serves no more than six dwelling units. The above exemption shall not apply if it includes only the partial or staged development of a tract where the size, number of lots or provision of new streets for the entire development exceeds the limits set forth above.

§ 220-29 Cooperation agreement with Borough.

The Borough may enter into a cooperation agreement clearly setting forth the responsibilities of each party with respect to the installation of required improvements in the Borough. Said cooperation agreement, if it differs from the procedures set forth in this Article VIII shall prevail and supersede any of the applicable specific requirements contained herein.

§ 220-30 Improvements not dedicated or not accepted for dedication.

All improvements constructed as required by this chapter that will not be publicly dedicated or accepted for dedication shall also meet the following requirements:

Ownership and maintenance responsibility/entity. A viable entity responsible for ownership and maintenance of all nondedicated improvements shall be established by the developer and approved by the Borough Council and the Borough. Ownership and maintenance responsibilities may be assigned to either the developer or among the property owners or an association of property owners within the subdivision or land development.

Improvements benefiting multiple lots. For all nondedicated improvements that will not be owned and maintained by the developer and are situated on an individual lot or a series of contiguous lots but serve multiple lots, units or the entire subdivision or land development (i.e., stormwater management ponds), the responsibility for ownership and maintenance of such improvements shall be borne by all lot owners benefiting or served and not solely the lot owner on whose lot said improvements are situated.

Ownership and maintenance agreement. A private agreement suitable for recording in the Mifflin County Recorder of Deeds office shall be prepared, properly executed, and recorded with the final subdivision or land development plan and shall run with the land and shall clearly identify the individual or entity responsible for the ownership and maintenance of nondedicated improvements. Said agreement shall be reviewed and approved by the Borough Council and Borough Solicitor and, at a minimum, shall stipulate the following:

That the owners, an association of property owners, their successors and assigns shall keep all improvements in a safe and attractive manner, and the owner shall convey to the Borough easements and/or rights-of-way to assure access for periodic inspections by the Borough and maintenance, if required.

That if the owners, association of property owners, their successors and assigns fail to maintain the improvements following due notice by the Borough to correct the problems, the Borough may perform the necessary work or corrective action. The owners or association of property owners shall reimburse the Borough for these services.

In the event the Borough performs work of any nature or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like on account of the failure to perform such work, the owners, association of property owners, their successors and assigns shall reimburse the Borough upon demand within 30 days of receipt of the invoice thereof for all costs incurred by the Borough. If not paid within said thirty-day period, the Borough may file a municipal claim and enter a municipal lien against the property per the law in relation to municipal claims, 53 P.S. § 7101 et seq., as amended from time to time, in the amount of such costs or may proceed to recover its costs through proceedings in equity or at law as authorized under the provisions of the Borough Code, 8 Pa.C.S.A. § 101 et seq., as it may be amended from time to time, and/or otherwise per law.

Deed reference. All deeds created for lots that contain nondedicated improvements shall make clear and specific reference as to the following:

Description of all improvements not dedicated;

The individual(s) or entity responsible for ownership and maintenance of said improvements in accordance with § 220-30A, B and C of this chapter;