The final responsibility for the installation of the improvements
required by this chapter rests with the applicant. Upon installation
of improvements in accordance with the specifications of the approved
plan and the Borough Engineer, the applicant must take the final steps
to dedicate the improvements and have them accepted by the Borough.
A.
No plan shall be finally approved unless the streets shown on such
plan have been improved as may be required by this chapter, and any
walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm drains and other improvements
as may be required have been installed in accordance with this chapter.
In lieu of the completion of any improvements required as a condition
for the final approval of a plan, the developer shall deposit with
the Borough Council a corporate bond or other financial security in
an amount sufficient to cover the costs of any improvements which
may be required. Such financial security may include, among others,
a lending institution's irrevocable letter of credit or a restrictive
or escrow account in a lending institution. Such bond, or other security,
shall provide for, and secure to the public, the completion of any
improvements which may be required. The amount of financial security
or bond shall be equal to 110% of the cost of the completion estimated
as of 90 days following the date scheduled for completion by the developer.
The procedures for securing the appropriate securities or bonds and
related requirements shall be as outlined in § 509 of the
Pennsylvania Municipalities Planning Code, Act 247, as reenacted and
amended.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
B.
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 municipality shall not condition
the issuance of building, grading or other permits relating to 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 improvement 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.
A.
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.
In addition, the developer shall forward as-built drawings of all
improvements. The Borough Council shall, within 10 days after receipt
of such notice, together with the as-built drawings, 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.
B.
The Borough Council shall notify the developer, within 15 days of
receipt of the engineer's report, in writing by certified or registered
mail, of the action of the Borough Council with relation thereto.
C.
If the Borough Council or the Borough Engineer fails to comply with
the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
D.
If any portion of the said 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.
E.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings or otherwise,
any determination of the Borough Council or the Borough Engineer.
F.
Where herein reference is made in this chapter to the Borough Engineer,
he shall be engaged as a consultant thereto.
G.
To cover inspection costs, the developer must pay a fee to be established
by the Borough Council. Any unused portion of this fee will be refunded
to the developer upon completion of the inspections.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plan, the Borough Council is hereby granted the power
to enforce any corporate bond, or other security by appropriate legal
and equitable remedies. 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 moneys necessary
to complete the remainder of the improvements. 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 purpose.
The offer to dedicate streets, or other areas or portions of
them, does not impose any duty upon the Borough concerning maintenance
or improvement until the proper authorities of the Borough have made
actual appropriation by ordinance or resolution or by entry or improvement.
If land is dedicated for a public site and its use for this purpose
is not imminent, the developer may be permitted to dedicate the land
with the privilege of using the surface rights until the Borough is
ready to use the land. Such dedication with the temporary privilege
of use must be noted on the final plan.
On sites reserved for eventual public acquisition, no building
development is permitted during the period of reservation, said period
of time not to extend more than 18 months without consent of the developer.
Such land reservations shall be noted on the final plan.
Recording the final plan after approval of the Borough Council
has the effect of an irrevocable offer to:
Where the Borough Council accepts dedication of all or some of the required improvements following completion, the Borough 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 § 350-48 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. Defective improvements include any defect in material or workmanship that was latent in character and not discernible at the time of final inspection or acceptance by the Borough and/or any damage to improvements by reason of the settling of ground, base or foundation thereof. However, any damage to the street surface caused by tire chains, snow removal equipment or utility cuts by others are not the responsibility of the developer.
