[Ord. 754, 8/14/2007]
A. 
Before approving any subdivision plat or land development plan, the 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 applicant 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 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 Council, the financial improvement agreement is not executed, then the resolution or letter of contingent approval shall expire.
[Ord. 754, 8/14/2007]
The Council shall insure, through receipt of certificates of compliance submitted and attested to by the Borough Engineer, that required improvements have been installed according to the specifications of the final plat or land development plan, or alternately require the posting of adequate surety to cover the cost for such improvements. The 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 or a land development plan. The decision of which alternative shall be required is that of the Council and final approval of a plat or land development plan shall not be granted until the surety required is fully provided.
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 applicant's scheduled date of completion. The amount estimated shall be prepared by a registered professional engineer for submittal to the Borough by the applicant. If the amount of the estimated financial security is contested by the Borough Engineer, a third registered professional engineer chosen mutually by the applicant, 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.
A. 
Completion of Improvements Prior to Final Approval. Prior to final plat or land development plan approval, the applicant shall complete, in a manner satisfactory to the Council and the Borough Engineer, all improvements required in these regulations specified in the final subdivision plat or land development plan, and as approved by the 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 Council.
B. 
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 applicant whereby the applicant shall guarantee to complete all improvements required by this chapter, or otherwise specified by the Council in a manner satisfactory to the Council. To secure this contract, the applicant shall provide, subject to the approval of the Council, one of the following guarantees:
1. 
Surety Bond. The applicant 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, plus 10%. 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.
2. 
Escrow Account. The applicant 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 applicant shall file with the Council an agreement between the financial bank and himself guaranteeing the following:
a. 
That the funds of said escrow account shall be held in trust until released by the Council and may not be used or pledged by the applicant as security in any other matter during the period.
b. 
And that in the case of a failure on the part of the applicant 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.
3. 
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 Council as beneficiary. The financial institution which provides the irrevocable letter of credit shall be first approved by the Council. Failure on the part of the applicant to complete said improvements shall cause the funds posted as an irrevocable letter of credit to be made available to the Borough upon written notice of a claim against said funds.
[Ord. 754, 8/14/2007]
A. 
Procedure.
1. 
When the developer has completed all of the required improvements, the developer shall notify the 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 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 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 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 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 Council with relation thereto.
4. 
If any portion of the required improvements shall not be approved or shall be rejected by the 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 developer's right to contest or question by legal proceedings or otherwise, any determination of the Council or the Borough Engineer.
6. 
The applicant or developer shall be charged by the Borough for all fees reasonable and necessary, to cover costs incurred by the Borough for engineering review and inspection of improvements, as outlined in this Part. In the event that the amount of the expense is disputed, the following procedures shall be implemented:
a. 
If within 20 days of receipt of the balance of the originally deposited funds a disagreement with the amounts charged for engineering review and inspection occurs, a registered professional engineer shall be appointed by mutual agreement, as a third party to review and determine reasonable and necessary expenses.
b. 
The engineer so appointed shall at his sole discretion review documentation and hear evidence necessary to render a decision within 50 days of the receipt of the balance in question. The applicant shall be required to pay the entire amount determined in the decision immediately.
c. 
In the event that, within the twenty-day period following receipt of the deposit balance, the Borough and applicant cannot agree on the appointment of the registered professional engineer, then upon application of either party, the Court of Common Pleas of Beaver County, shall appoint such engineer. In no case can the engineer so appointed have provided services to either party within the five years preceding the appointment.
d. 
The fee of the appointed professional engineer for determining the reasonable and necessary expenses for review and inspection of improvements shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Borough shall pay the fee of the professional engineer, but otherwise the Borough and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
7. 
At the time of final approval and prior to the issuance of any required Borough permit, a ten-percent deposit 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.
[Ord. 754, 8/14/2007]
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 Council or in accord with the approved final plan, the 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 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.
[Ord. 754, 8/14/2007]
A. 
Before the Borough Engineer shall issue to the 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 applicant 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 Council. The maintenance bond shall guarantee the repairs and maintenance by the applicant 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 land development, for a period of 18 months from the date of final and official acceptance of the above said improvements and facilities by the 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 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 applicant or developer has no control.
[Ord. 754, 8/14/2007]
Upon completion of the inspection and approval of the public improvements, the developer shall submit a request to the 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 Council. At the regular meeting, the 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 Part.
[Ord. 754, 8/14/2007]
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 Council that all the public improvements are in good order. If any repairs are required or maintenance needed, the developer shall be notified in writing, and such repairs or maintenance shall be done and approved prior to certification by the Borough Engineer.
[Ord. 754, 8/14/2007]
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.
[Ord. 754, 8/14/2007]
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 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.
[Ord. 754, 8/14/2007]
Any applicant aggrieved by a finding, decision or recommendation of the Planning Commission or the Council, may present additional relevant information and request reconsideration of the original findings, decision or recommendation upon written request within 30 days of notification of the Planning Commission or Council decision on either preliminary or final plat application.
[Ord. 754, 8/14/2007]
In any case where the Council shall refuse to approve any plats submitted to them in accordance with this chapter, any person aggrieved by the action of the Council may appeal as provided by law to the Court of Common Pleas of Beaver County, Pennsylvania.
[Ord. 754, 8/14/2007]
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 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 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.