[Ord. No. 342, 1/17/1990, § 500]
The requirements of this Part shall apply to all applicants
submitting a final plan for subdivision or land development in the
Borough.
[Ord. No. 342, 1/17/1990, § 501]
1. No final plan shall be approved until the applicant has either:
A. Completed all of the improvements required by the Borough Council
for final plan approval, in compliance with the requirements of this
chapter.
B. Provided a proper financial guarantee for those improvements, as
required by this Part, in compliance with the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., to cover the estimated
costs for completion of those improvements.
(1)
The work completed or guaranteed shall be in strict accordance
with the approved plans and the requirements of this chapter.
(2)
No lot in a subdivision may be sold, and no permit to erect,
alter or repair any building upon land in a subdivision or land development
will be issued unless and until a subdivision and/or land development
plan has been approved, and where required, recorded and until the
required improvements in connection therewith have either been completed
or guaranteed for completion as required herein.
(3)
The applicant shall also guarantee that no lot will be sold or building constructed in any floodplain area except in compliance with the floodplain management requirements of this chapter, Chapter
27, Zoning, and the Borough's Building Code (Chapter
5, Part
1).
(4)
When requested by the applicant, the Borough Council shall furnish
the developer with a signed copy of a resolution indicating approval
of the final plan contingent upon the applicant obtaining a satisfactory
financial security. The final plan shall not be signed nor recorded
until the financial improvements agreement is executed. The resolution
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.
[Ord. No. 342, 1/17/1990, § 502]
1. In lieu of the completion of improvements required for final plan
approval, financial security shall be guaranteed to the Borough, in
compliance with the following requirements and the applicable requirements
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
A. The amount of the financial security shall be equal to 110% of the
cost of completion of improvements, estimated as of 90 days following
the date set for completion by the developer.
B. The amount of the financial security shall be based on an estimate
of the cost of completion of the required improvements, prepared by
a licensed professional engineer and submitted by the applicant.
C. All improvements shall be completed on or before the completion date
fixed in the formal action of approval or development agreement.
[Ord. No. 342, 1/17/1990, § 503]
1. Council may release all or parts of the posted financial security
as completion of improvements proceeds, in compliance with the applicable
requirements of the Pennsylvania Municipalities Planning Code, 53
P.S. § 10101 et seq.
A. Incomplete Improvements. If the required improvements are not completely
installed within the period fixed or extended by Council, the Borough
Council may declare the financial security in default to collect the
amount payable thereunder. The collected security shall be used to
complete the improvements in compliance with the applicable requirements
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
B. Post-Completion Security. The applicant shall be responsible for maintenance of all improvements until they are offered for dedication and accepted by the Borough, and 10% of the financial security may be held back until a maintenance guarantee has been posted by the applicant, as required in §
22-508 of this Part.
[Ord. No. 342, 1/17/1990, § 504]
1. Notice.
A. The Borough Engineer shall be notified 48 hours in advance of the
commencement of any construction or installation operation, in order
that provision may be made for inspection by the Borough.
B. Construction and installation operations shall also be subject to
inspection by Borough officials during the progress of the work. The
subdivider, developer or builder shall pay for all inspections.
2. Improvement Specifications. All required road improvements shall
be constructed in accordance with the applicable provisions of the
Pennsylvania Department of Transportation, Form 408, dated 1976, including
the latest revisions and other applicable regulations. All other required
improvements shall be constructed in accordance with approved specifications.
A. Specifications. The specifications will be furnished to the applicant
by the Borough. If any of the specifications are unavailable at the
Borough office. The Borough Engineer shall provide the applicable
specifications.
B. Sample of Materials. During or after construction of any required
improvement, if the Borough requires a sample of materials, said sample
shall be furnished by the appropriate contractor in a form specified
by the Borough Engineer.
3. Delivery Slips. Copies of all delivery slips for materials used in
the construction of any storm sewers, sanitary sewers, roads, curbs,
sidewalks or any other facility within a Borough right-of-way or easement
shall be supplied to the Borough.
[Ord. No. 342, 1/17/1990, § 505]
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. The Borough Council shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s) after receiving the advice of the Borough Engineer and Solicitor, and/or other experts. The subdivider or developer may be required to cover costs which must be incurred by the Borough or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in §
22-503.
[Ord. No. 342, 1/17/1990, § 506]
1. Conditions. The Borough shall have no obligation to accept dedication
of any street or other improvement unless:
A. The required improvements, utility mains and laterals, and monuments,
shown on the approved plan or plans have been constructed to meet
all requirements, and are free of defects or deterioration.
B. It is established to the satisfaction of the Borough Council that
there is a need for the dedication of improvements.
C. All sewers to be dedicated to the Borough shall be cleaned and televised
within 30 days prior to dedication. All observed defects shall be
repaired to the satisfaction of the Borough Engineer prior to dedication.
In addition, all structures connected to the sewer system to be dedicated
shall be inspected to verify no extraneous flow from the following
types of sources is being discharged to the sewer system (i.e., sump
pumps, roof leaders, floor drains, etc.)
2. Acceptance. The Borough shall have no responsibility with respect
to any street or other improvement, not withstanding the use of the
same by the public, unless the street or other improvement is accepted
by an ordinance (or resolution) adopted by the Borough Council.
3. Offer of Dedication.
A. The applicant shall submit a written offer of dedication to the Borough
for the streets or other improvements, including the following:
(1)
A deed of dedication covering the improvements.
(2)
A copy of a title insurance policy establishing the applicant's
clear title to the property.
B. The items required in Subsection 3A, above, shall be submitted to
the Borough Engineer and Solicitor for their review and recommendations.
C. Borough Council may accept dedication of the streets or other improvements
by passing a resolution to that effect.
[Ord. No. 342, 1/17/1990, § 507]
1. When the Borough Council accepts dedication of required improvements
following their completion, Council shall require posting of financial
security by the applicant to secure the structural integrity and functioning
of these improvements in accordance with the design and specifications
as depicted on the approved final plan.
A. Said financial security shall be of the same type as otherwise required by §
22-503 of this Part.
B. The amount of financial security shall be 15% of the actual cost
of installation of the improvements.
C. The term of the guarantee shall be 18 months from the date of acceptance
of dedication.
[Ord. No. 342, 1/17/1990, as added by Ord. No. 374, 11/17/1993,
§ 10; and as amended by Ord. No. 501, 8/15/2012]
1. The maintenance responsibilities for permanent stormwater runoff
control facilities shall be determined based upon the type of ownership
of the property which is controlled by the facilities.
A. Single-Entity Ownership Control Facilities are Designed to Manage
Runoff. Where the permanent stormwater runoff from property in a single
entity ownership as defined below, the single entity owner shall be
responsible for maintenance of the stormwater control facilities.
The stated responsibilities of the entity related to owning and maintaining
the facilities shall be submitted with the stormwater management plan
for determination of, their adequacy. Approval of the stormwater management
plan shall depend upon the approval of these terms. These terms shall
be in writing, shall be in recordable form and shall, in addition
to any other terms deemed necessary by the Borough, contain a provision
permitting inspection at any reasonable time by the (title of individual
responsible for enforcement, e.g., Borough Engineer) of all such facilities
deemed critical in the public welfare. A single entity shall be defined
as an association, public or private corporation, partnership, firm,
trust, estate or any other legal entity empowered to own real estate,
exclusive of an individual lot owner.
B. Any stormwater management facilities regulated by this chapter that
would be located on or discharged into state highway rights-of-way
shall be subject to approval by the Pennsylvania Department of Transportation
(PennDOT), and shall require that the owner of the property seeking
to discharge into or connect with a state highway right-of-way sign
an agreement with the Borough acknowledging responsibility for the
maintenance and repair of any such facilities and agreeing to indemnify
and hold the Borough harmless from any and all such responsibilities.
Any such agreement shall be recorded as a covenant running with the
land of such properties in the office of the Recorder of Deeds for
Montgomery County at the owner's expense. A failure to maintain any
stormwater facilities regulated by this chapter shall be regarded
as dangerous to the public health, safety and welfare of the Borough
and the public and shall be a violation of this chapter.
C. Any stormwater management facilities regulated by this chapter shall
be subject to the requirement of an agreement with the Borough with
the owner acknowledging responsibility for the maintenance and repair
of any such facilities, allowing for Borough inspection of any such
facilities and agreeing to indemnify and hold the Borough harmless
from any and all such responsibilities. Any such agreement shall be
recorded as a covenant running with the land of such properties in
the office of the Recorder of, Deeds for Montgomery County at the
owner's expense. A failure to maintain any stormwater facilities regulated
by this chapter shall be regarded as dangerous to the public health,
safety and welfare of the Borough and the public and shall be a violation
of this chapter.
[Ord. No. 342, 1/17/1990, § 508; as amended by
Ord. No. 374, 11/17/1993, § 12]
Where the maintenance of improvements is to be the responsibility of individual lot owners, a homeowners association or similar entity, or an organization capable of carrying out maintenance responsibilities, Council shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowners' successors in interest, and may further require that an initial maintenance fund be established in a reasonable manner. Where any stormwater management facility is provided, the maintenance thereof is the responsibility of the landowner, a description of the facility of systems and the terms of the required maintenance shall be incorporated as a part of the deed to the property. The deed shall be recorded with the County Recorder of Deeds within 90 days following the Borough approval. In addition, the Borough may require as a condition of approval that a deed conveying any interest in such lot contain language indicating that the conveyance, is subject to an express covenant by the grantee that the grantee will maintain the stormwater management facility. In cases where property is in multiple ownership (i.e., many individual ownerships of various portions of the property on which stormwater facilities are located) the developer(s) shall enter into an agreement with the Borough to determine the maintenance of the permanent stormwater facilities. If maintenance is prescribed for each individual lot owner, the requirements of §
22-508 shall apply.
[Ord. No. 342, 1/17/1990, as added by Ord. No. 374, 11/17/1993,
§ 12]
1. Where the Borough has accepted an offer of dedication of the permanent
stormwater management facilities, the Borough Council shall be responsible
for maintenance. Upon approval of the stormwater management facilities
by the Borough Council, the developer shall provide a financial security,
in a form approved by the Borough Solicitor of maintenance guarantees,
as follows:
A. Construction Maintenance Bond. The Borough may require the posting of a maintenance bond to secure the structural integrity of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan for a term of 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required in §
22-503 with regard to installation of such facilities, and the amount of the financial security shall be 15% of the actual cost of installation of said facilities. A cash contribution can be used as the financial security in lieu of maintenance bond, although the contribution must be equivalent to the amount that would be estimated for the maintenance bond.
B. Long-Term Maintenance Bond. The long-term maintenance bond shall
be in an amount equal to the present worth of maintenance of the facilities
for a suggested twenty-year period. The estimated annual maintenance
cost for the facilities shall be based on a fee schedule provided
by the Borough and adopted by the Borough Council. A cash contribution
can be used in lieu of the long-term maintenance bond, although the
contribution must be equivalent to the amount that would be estimated
for the maintenance bond.
C. Documentation. The terms of the maintenance guarantees shall be documented as part of the stormwater management plan as per §
22-503 of this section.
[Ord. No. 342, 1/17/1990; as added by Ord. No. 374, 11/17/1993,
§ 13]
The failure of any person, individual lot owner or private entity to properly maintain any stormwater management facility shall be construed to be a violation of this section and is declared to be a public nuisance, subject to §
22-704, Penalties.
[Ord. No. 342, 1/17/1990; as added by Ord. No. 374, 11/17/1993,
§ 14]
If Borough Council shall require that the applicant file a certificate
of insurance showing that there exists insurance against claims for
damages for personal injury, bodily injury and property damage, including
damage to the Borough by surface water flow which has been altered
on the site. The liability insurance shall be in an amount prescribed
by the Borough Council in accordance with the nature of risks involved
and include the Borough as an additional insured. Such insurance shall
be written by a company licensed to do business in the commonwealth.
Neither compliance with the provisions hereto or any conditions imposed
by the Borough shall relieve any person from any responsibility for
damage otherwise imposed by law, nor impose any liability upon, the
Borough or its officers and employees for damages to persons or property.
[Ord. No. 342, 1/17/1990; as added by Ord. No. 374, 11/17/1993,
§ 15]
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this chapter.