[Ord. 197, 12/1/2008]
The applicant shall execute an agreement or agreements, to be approved by the Borough, before the final plan is released by the Council and filed on record. Said agreement(s) shall specify the following, where applicable:
A. 
The applicant agrees that he will lay out and construct all streets and other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space areas and erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval.
B. 
The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Borough, as specified in §§ 22-602 and 22-608 of this Chapter.
C. 
The applicant agrees to tender a deed or deeds of dedication to the Borough for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements; provided, that the Borough shall not accept dedication of such improvements until their completion is certified as satisfactory to the Borough Engineer.
D. 
Whenever an applicant proposes to establish or continue a street which is not offered for dedication to public use, in accordance with § 22-512 of this Chapter, the Borough Council shall require the applicant to submit as a condition to final plan approval, and also to record with the plan, a copy of the signed agreement made with the Council on behalf of the applicant and the applicant's heirs and assigns, and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate, among other things:
(1) 
That, if dedication be sought, the street shall conform to applicable Borough specifications of the time of offer of dedication, or that the owners of abutting lots shall, at their own expense, restore the street to conformance with such specifications.
(2) 
That the Borough shall not be responsible for repairing or maintaining any undedicated streets. Owners and all successors of property which is to abut a private street, shall be fully responsible for the permanent improvement of the street and for maintenance thereof in a good and safe condition.
(3) 
That the method of assessing repair and maintenance costs of undedicated streets be stipulated, and be set forth in recorded deed restrictions so as to be binding on all successors or assigns.
(4) 
That an offer to dedicate the street shall be made only for the street as a whole and shall contain the conditions under which the street may be offered for dedication as per §§ 22-512 and 22-607 of this Chapter.
[Ord. 197, 12/1/2008]
1. 
Prior to final plan approval, the Borough Council shall require the applicant to install all improvements, both public and private, or to furnish the Borough financial security to cover the costs and guarantee the installation of all improvements. Improvements shall be developed in conformance with the final plan and all applicable Borough ordinances and regulations, and in accordance with applicable State and Federal laws. The applicant shall not be released from all or portions of the guarantee until all improvements or portions thereof are inspected and found to be properly installed and properly functioning in compliance with Borough, State and Federal laws and ordinances as determined by the Borough Engineer.
2. 
The applicant shall deposit with the Borough financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities including, but not limited to: streets, walkways, curbs, gutters, street lights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in Subsection 9 below, water mains and other water supply facilities, fire hydrants and sanitary sewage disposal facilities.
3. 
When requested by the developer, in order to facilitate financing, Borough Council or the Planning Commission shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan or record plan shall not be signed nor 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 Borough Council; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
4. 
Financial security required herein shall be in the form of a Federal or Commonwealth chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company, or such other type of financial security which the Borough may, in its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is authorized to conduct business within the Commonwealth and stipulates that it will submit to Pennsylvania jurisdiction and County venue in the event of legal action.
5. 
The said financial security shall provide for, and secure to the public, the completion of all subdivision improvements for which such security is being posted on or before the date fixed in the Council's formal action of approval or accompanying agreement for completion of the improvements. Any financial security agreement shall require that, where the Borough Council has determined that all improvements have not been completed as of the required completion date, the Borough shall immediately receive in cash the full amounts guaranteed by the escrow account or other financial security, unless the Borough Council, in its discretion, agrees in writing to an extension or other amendment to the financial security agreement in which case the financial security shall be increased as provided in Subsection 6 of this Section.
6. 
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 date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninetieth day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the 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 subsection and § 509(f) of the Municipalities Planning Code.
7. 
The amount of financial security required shall be based upon an estimate of cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer, licensed as such in Pennsylvania, and certified by such engineer to be a fair and reasonable estimate of such cost. The Council, upon recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in Pennsylvania and chosen mutually by Borough Council and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.
8. 
If the party posting the financial security 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 for estimating cost.
9. 
Where development is projected over a period of years, the Council may authorize submission of final plans by section or stage of development, subject to such requirements or guarantees as to improvements in the future sections or stages of development as it finds essential for the protection of any finally approved section of the development, and consistent with the terms of § 508(4) of the Municipalities Planning Code.
10. 
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Borough, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this Section or § 509 of the Municipalities Planning Code.
11. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Council to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Borough Council and the 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 such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed or, if the Council fails to act within said forty-five-day period, the Council shall be deemed to have approved the release of funds as requested. The Borough Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Council his independent evaluation of the proper amount of partial releases. The Council 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 as per § 22-605 of this Chapter.
12. 
Where the Council accepts dedication of all or some of the required improvements following completion, Council may require the posting of financial security to secure structural integrity of said 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. Said financial security shall be of the same type as otherwise required in this Section and in accordance with § 509 of the Municipalities Planning Code, with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
13. 
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this Section and in accordance with § 509 of the Municipalities Planning Code, the Borough shall not condition the issuance of building, grading or other permits relating the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plan upon actual completion of the improvements depicted upon the approved 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 improvements of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise 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. Any ordinance or statute inconsistent herewith is hereby expressly repealed.
[Ord. 197, 12/1/2008]
1. 
The applicant or applicant's agent shall construct all streets, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas and erosion and sediment control measures, in conformance with the final plan as approved, the applicable provisions of the most current PennDOT Specifications, Form 408, and other applicable regulations.
2. 
No plan shall be finally approved for recording, and no building permits shall be issued until the applicant or applicant's agent has completed all required improvements or has provided a performance guarantee in accordance with § 22-602 above.
[Ord. 197, 12/1/2008]
1. 
It shall be the responsibility of the applicant, the applicant's agent, developer, builder or contractor to notify the Borough Engineer or other duly authorized person a minimum of two working days in advance of the commencement of any construction or installation of any facility or utility required by this Chapter or by the approved subdivision or land development plan, in order that provisions may be made for inspection by the Borough. The construction or installation of all improvements shall at all times be subject to inspection by representatives of the Borough. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner, or that erosion or sediment controls are failing to prevent accelerated erosion or water-borne sediment from leaving the site of construction, the said representative is empowered to require corrections to be made and/or the suspension of subdivision approval, and to issue a cease and desist order which may include any or all of the following sanctions:
A. 
That no lot in the subdivision shall be conveyed or placed under agreement of sale.
B. 
That all construction on any lots for which a. building permit has been issued shall cease.
C. 
That no further building permits for any lots shall be issued.
2. 
The said cease and desist order shall be terminated upon determination by the Borough that the said defects or deviations from plan requirements have been corrected.
3. 
In addition to the advance notice required in Subsection 1 above, it shall be the responsibility of the applicant, the applicant's agent, developer, builder or contractor to notify the Borough Engineer or other duly authorized person of at least the following activities, a minimum of two working days in advance of the time of those activities:
A. 
Key trench for stormwater retention or detention basins, following excavation, but prior to the placement of any backfill.
B. 
Footings for structures, following excavation, but prior to the commencement of any further construction work on the structure.
C. 
All pipe work, including pipe spillways in stormwater retention or detention basins, storm drains and utilities before pipes are covered by backfill.
D. 
Street subgrade when completed, but before the start of installation of curbs or base course.
E. 
Curbs and/or sidewalks, when crushed stone or gravel base is in place, and during the subsequent concrete pours.
F. 
Crushed aggregate base course, during its installation.
G. 
Bituminous base and/or binder courses, during its installation.
H. 
Bituminous surface wearing course, during its installation.
I. 
All other improvements specifically identified by the Borough Engineer at the pre-construction meeting and/or at subsequent times during project construction.
4. 
The Borough may require the installation of additional base, special subgrade materials, underdrains, or other facilities or materials required in order to obtain a stable road base.
5. 
The Borough may elect to have the final road inspection conducted by representatives of the Pennsylvania Department of Transportation and the acceptance of the road may be subject to approval of the Department.
[Ord. 197, 12/1/2008]
1. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforementioned improvements. The Borough Engineer shall, thereupon, file a written report with the Council, and shall promptly mail a copy of the same to the developer by certified mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the aforesaid authorization from the Council; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part. 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 the nonapproval or rejection, either in whole or in part. The Borough Engineer shall maintain a permanent file of his inspections.
2. 
Approval of improvements shall not be given until all construction debris has been disposed of through appropriate measures. No such debris shall be buried, burned or otherwise disposed of on the site, except in compliance with properly issued regulatory permits.
3. 
The Council shall, within 15 days of receipt of the Borough Engineer's report prepared under subsection 1 above, notify the developer by certified or registered mail of the action of the Council with regard to approval, nonapproval or rejection of improvements.
4. 
If any portion of the said improvements shall not be approved or shall be rejected by the Council, the developer shall proceed to complete those improvements and, upon completion, the same procedure of notification as outlined herein shall be followed.
5. 
The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the Borough. In addition, 10% of the performance guarantee shall be held back by the Borough until the developer has posted a maintenance guarantee, as provided for in § 22-608, and as-built plans are verified and accepted by the Borough.
6. 
Partial releases of the performance guarantee during the period of construction shall be authorized as per § 22-602.11.
[Ord. 197, 12/1/2008]
Within 30 days after completion and Borough approval of subdivision or land development improvements as shown on final plans, and before Borough acceptance of such improvements, the developer shall submit to the Council a corrected copy of said plans showing actual dimensions and conditions of streets and all other improvements, certified by an engineer or land surveyor to be in accordance with actual construction.
[Ord. 197, 12/1/2008]
1. 
Upon completion of any public improvements shown on an approved subdivision plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit a written offer of such public improvements for dedication to the Borough. Said offer shall include a deed of dedication covering said public improvements, together with satisfactory proof establishing the developer's clear title to said property. Such documents are to be filed with the Borough for review by the Borough Solicitor. Deeds of dedication for public improvements may be accepted by resolution of the Council at a regular meeting thereof. The Council may require that at least 75% of the lots in any approved subdivision or land development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the streets, even though constructed according to the specifications of this Chapter, deteriorate before the said 75% of the lots have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to the Council before being accepted by the Borough.
2. 
Where it appears that the 75% occupancy level will be extended beyond a twelve-month period, the developer may delay placing the final wearing course until the 75% level is attained. The developer will be responsible for all maintenance and repair of the roadway which will include, but not necessarily be limited to, pothole repair, cleaning, snow plowing, cindering, mowing, drainage maintenance and removal of debris in a manner acceptable to the Council. For certain maintenance functions, such as snow plowing and cindering, the Council shall require an escrow fund and maintenance agreement in order to assure the occupants of the undedicated street that it will be opened within 24 hours after the end of a snowfall for emergency vehicles and general usage after a snowfall, during icing conditions, or any other form of blockage or emergency.
3. 
The Council may require that certain subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a homeowners association or similar entity, or an organization capable of carrying out maintenance responsibilities.
[Ord. 197, 12/1/2008]
1. 
Where the Council accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), it shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guarantee, as described in § 22-602 hereof, shall be for a term of 18 months from the date of the acceptance of dedication, and shall be in an amount equal to 15% of the actual costs of installation of the improvements so dedicated.
2. 
Where maintenance of stormwater retention facilities or private streets 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 Council shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest, and may further require that an initial maintenance fund be established in a reasonable amount and noted on final plan.
3. 
On or before the completion of subdivision or land development improvements, the permanent stormwater management system for a tract shall be installed or constructed in accordance with the approved stormwater management plan. All such work shall be as specified in the approved plan. Continued functioning of these facilities shall be guaranteed and maintenance, as necessary, performed in accordance with the provisions contained herein.
4. 
If the Borough determines at any time that stipulated permanent stormwater management facilities have been eliminated, altered, or improperly maintained, the owner shall be advised of corrective measures required within a period of time set by the Borough. If such measures are not taken by the owner, the Borough may cause the work to be done and lien all costs against the property.