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, stormwater management facilities or other improvements as may be required by this chapter have been installed in accordance with this chapter, except that the surface course of streets shall not be completed until such time as 90% of the lots in the subdivision or land development have been improved by the construction of a residential dwelling, commercial structure or industrial structure. For the purpose of this article, an improved lot shall be considered completed when all building construction and site improvements are finished to the point that. in the opinion of the Borough, a certificate of occupancy could be issued. In lieu of completion of the surface course of streets as well as in lieu of completion of other improvements required as a condition for final plan approval of a plan, at the discretion of the developer, such developer may deposit with the Borough a letter of credit or other financial security authorized by the Municipalities Planning Code and acceptable to the Borough Council in an amount equal to 110% of the estimated cost of the required improvements at a time 90 days following the date scheduled for completion of the respective improvements by the developer. The estimated cost of the surface course shall be computed separately from the estimated cost of completing the other improvements and shall be based upon the developer's projected timetable for completion of the development.
B. 
The amount of financial security required by the Borough shall be based upon an estimate of the cost of the improvements submitted by a developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the 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 this commonwealth and chosen mutually by the Borough and the 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 developer.
C. 
Annually, the Borough may adjust the amount of required financial security by redetermining the estimated cost for completion of the uncompleted improvements as of the expiration of the 90th day after either the 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 insure that the financial security equals 110% of the estimated cost of the Borough completing the improvements at a time 90 days following the date scheduled for completion or alternatively reduce the required security so that it equals such amount. Any additional security shall be posted by the developer within 30 days after being notified of the same. The amount of financial security required by the Borough shall be computed in accordance with the Borough's rules and regulations.
D. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough to release or authorize the release from time to time such portions of the financial security necessary for the payment to the contractor or contractors performing the work. Any such request shall be in writing addressed to the Borough Council, and the Borough Council shall have 45 days from the receipt of such request to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work has been completed in accordance with the approved plan. Upon such certification, the Borough Council shall authorize release from the required financial security of an amount as estimated by the Borough Engineer as representing the value of the work completed.
E. 
The value of the work completed shall be determined by subtracting 110% of the estimated cost of the completion of the remaining uncompleted work from the total amount of security deposited.
F. 
At such time as 90% of the lots in the subdivision have been improved as set forth above or if, at the expiration of three years from the date, all of the improvements excepting the surface course have been completed, less than 90% of the lots have been so improved, the Borough may notify the developer to complete the surface course within 60 days from the date of such notice. In computing the sixty-day requirement, the period from October 1 to April 1 shall not be counted.
G. 
If at the time the surface course is completed, 90% of the lots are not improved as set forth above, the developer must:
(1) 
Post with the Borough financial security in an amount equal to 15% of the reasonable cost of the surface course as security to guarantee that damages to the road or street will not occur during the completion of the improvements on the unimproved lots in such developer's subdivision or land development. The Borough shall hold such financial security and utilize it to pay for the repair of any damage occurring to the road during the period between the commencement of improvements on any particular unimproved lot and the completion of such improvements, irrespective of whether or not it can be established that the damage to the road was caused by contractors or other persons working in and about the construction of such improvements. The financial security shall be in a form acceptable to the Borough.
H. 
In lieu of the developer installing the surface wearing course, at the Borough's discretion, the developer may be required to provide the Borough with 110% of the estimated cost of the surface wearing course installation. The Borough would then be responsible for purchasing and installing the surface wearing course. Prior to the Borough installing the surface wearing course, the Borough will conduct an inspection of the development and inform the developer of any defects or deficiencies which must be corrected prior to installing the surface wearing course. The responsibility and cost for all such corrections shall be borne by the developer. If the Borough's actual costs for installation of the surface wearing course exceed 110% of the estimated installation costs, the developer will be responsible to reimburse the Borough for the amount over 110% of the estimated cost. Should the actual installed costs be less than 110% of the estimated costs, the Borough shall reimburse the developer for the overage amount.
Recording of the final plan after approval of the Borough Council has the effect of an irrevocable offer to:
A. 
Dedicate all streets and other public ways to public use, unless such streets are indicated on said plan as private streets.
B. 
Dedicate all neighborhood parks and all areas shown on the plan as being local recreation sites to public use.
A. 
When the developer has completed all of the improvements as shown on the final plans, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements, enclosing therewith certification by the engineer responsible for the design of the improvements that they have been installed as designed, and shall send copies of the notice and certification to the Borough Engineer. The Borough 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 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 the reasons for such nonapproval or rejection. Improvements shall not be considered completed unless the developer can demonstrate compliance with the requirements of this chapter and all other applicable ordinances, statutes and regulations. Improvements shall also not be considered complete until as-built plans of all improvements to be dedicated to the Borough and of all streets, whether or not such streets shall be dedicated, have been submitted to the Borough.
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 its action with relation thereto. If the Borough Council or Borough Engineer fails to comply with the time limitation provisions contained herein or such time limitations as contained in the Municipalities Planning Code, whichever requirements shall contain a longer time period for action by the Borough, all improvements will be deemed to have been approved, and the developer's posted financial security shall be released.
C. 
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.
D. 
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 Borough Engineer.
In the event that any improvements which may be required have not been installed as provided in this chapter or in accordance with the approved final plan, the Borough Council may enforce any letter of credit or other financial security by appropriate legal and equitable remedies. If proceeds of such financial 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 such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action or recover the monies necessary to complete the remainder of the improvements. All the proceeds, after deducting the costs of collection, whether resulting from the financial 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 Borough purpose.
The Borough shall inspect the improvements during construction. The developer shall pay the cost of any such inspection in accordance with the provisions of Article V of the Municipalities Planning Code.[1] The developer shall provide at least 24 hours' notice prior to the start of construction of any improvements that are subject to inspection. All inspections of completed items shall be requested, in writing, at least 48 hours in advance of the inspection time and date. It is generally required that the following phases of site construction have mandatory inspection. This general list of phases may be amended by mutual agreement of the Borough and developer when the site requires special construction procedures. The inspection schedule must be recorded with the final plan or shown on the approved improvement construction plan.
A. 
General site construction.
(1) 
Upon completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil and construction of temporary erosion and sedimentation control devices.
(2) 
Upon completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
(3) 
During the construction of permanent stormwater management and BMP facilities. All storm sewers, culverts, etc., must be inspected prior to backfilling.
(4) 
During construction of sanitary sewers and appurtenances, all sanitary sewers must be constructed and inspected in accordance with Borough specifications.
(5) 
Upon the final completion of permanent stormwater management and BMP facilities, including the establishment of ground covers and plantings.
(6) 
After review of the as-built drawings, required by § 265-35 of this chapter, but prior to final release of the financial guarantee for completion of final grading, vegetative controls required by the BMP standards or other site restoration work.
B. 
Street construction.
(1) 
Preparation of road subgrade. At the time of this inspection, the subgrade should be proof-rolled and the proposed crown and grade should be checked. It is recommended that a developer's/contractor's representative accompanies the observer when the crown and grade are checked. Proof-rolling should be performed with a fully loaded, tandem-axle dump truck. This inspection must occur prior to any stone subbase being placed.
(2) 
Placement and compaction of road subbase. At the time of this inspection, the depth of subbase should be checked after compaction, the subbase should be proof-rolled in the same manner as the subgrade, and the crown and grade should be checked again. This inspection must occur prior to any binder or base course being placed.
(3) 
Placement and compaction of the binder/base course. At the time of this inspection, the depth of the binder/base course should be checked, ambient temperature should be monitored (this is important in early spring and late fall days when the temperature can go below acceptable limits, in accordance with PennDOT specifications, Form 408, as amended), the temperature of the bituminous material should be checked (if possible), and it is recommended that copies of the weight slips for each truckload be obtained. The crown and grade should also be checked again. This inspection must occur prior to the wearing course being placed.
(4) 
Placement and compaction of the wearing course. At the time of this inspection, the guidelines for the placement and compaction of the binder/base course should be followed.
C. 
In addition to the above outlined inspections, additional inspections will be made at the request of the developer for reduction of financial securities. Random inspections should be made at the frequency desired by the Borough. At the time of any of the above-listed inspections, all ongoing construction (i.e., storm drainage, sanitary sewer, water, erosion control, etc.) should also be checked for compliance with the approved plans and the findings reported. Since the above inspections are mandatory, it is recommended that requests for reduction of financial guarantee be submitted to coincide with the above inspections.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
All roads and drainage facilities shall be constructed in strict accordance with the approved plans, and no changes shall be effected unless the same receive the written authorization of the Borough. Notwithstanding the provisions of this section, the Borough may require changes during the construction stage where on-site conditions, in the opinion of the Borough or its duly designated representative, indicate that the adverse effect of stormwater runoff and/or the adverse effect to the roadbed and/or road surface may be minimized by such changes.
Maintenance is an essential part of the successful functioning of a stormwater management system. Maintenance of stormwater management facilities and BMP facilities during development of a project shall be the responsibility of the developer and/or landowner and shall usually include, but not be limited to:
A. 
Removal of silt from sediment traps when 35%, and sediment basins when 28%, of capacity is filled with silt.
B. 
Periodic maintenance of temporary control facilities such as replacement of straw bale dikes, straw filters, silt fence or similar measures.
C. 
Establishment or reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not successfully been established.
D. 
Installation of necessary controls to correct unforeseen problems caused by storm events within design frequencies.
E. 
The contractor or developer shall be responsible for removal of all temporary measures and installation of permanent measures upon completion of the project.
At such time as the construction of the road is found to meet all requirements of this chapter and the approved plans, as modified, the developer, prior to offering the road for dedication, shall submit to the Borough a Mylar as-built plan of the road and any stormwater drainage facilities which shall form a part of the permanent records of the Borough. The plan shall be prepared by using the approved final plan as a base plan and shall be made available to the Borough prior to the final inspection of the project. As-built plans shall show the following:
A. 
Actual location of all concrete monuments which were set at all angle breaks, points of curvature and tangents around the perimeter of the total tract. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented at the above-referenced points.
B. 
Actual location of all iron pins or drill holes in curbs for all individual lot lines.
C. 
Actual cul-de-sac radius.
D. 
Actual location of cartway center line versus right-of-way center line.
E. 
Actual location of floodplain by elevation and dimension from property line.
F. 
Actual location and cross section of swales and accompanying easements.
G. 
Actual horizontal and vertical location of stormwater management sanitary sewer and waterline facilities, including type and size of storm drainage sanitary and waterline pipes.
H. 
Detention basin.
(1) 
Actual contours of the detention basin.
(2) 
Actual outlet structure details, including type, size and inverts of outlet pipes.
(3) 
Actual elevation of the embankment and emergency spillway.
(4) 
A table showing the stage/storage/discharge curve for the constructed conditions.
In case of a road through residential properties, at such time as 90% of the lots fronting on the road have received occupancy permits, or in the case of a road through commercial or industrial developments, when lots having 90% of the footage have received occupancy permits, the developer may offer the Borough a deed of dedication, accompanied by a fee to cover recording costs and costs of preparing the resolution of acceptance and recording of the same. If the deed is found to be in proper order and there are no violations of any provision of this chapter, the Borough Council may, at its sole discretion, adopt a resolution accepting the road and/or, in applicable cases, drainage facility. No road or, in applicable cases, drainage facility shall be considered finally accepted by the Borough until the deed has been recorded and filed with the applicable offices for filing for Lancaster County, Pennsylvania. Notwithstanding final acceptance of the road or drainage facility, the developer shall remain responsible for maintenance of the same, snow removal excepted, for a period of 18 months from the date of final acceptance. Borough Council will accept streets for dedication only during the period between March 1 and September 1 of each calendar year.
Plan approval may, at the sole discretion of Borough Council, be subject to the signing of a development agreement prepared by the Borough Solicitor pertaining to the laying out of roads, streets, lanes or alleys and the construction of all improvements, including necessary grading, paving, curbs, erosion and sediment control, gutters, sidewalks, streetlights, fire hydrants, water mains, underground electric facilities, landscaping and traffic control devices, in accordance with the approved plans, where such (or some of them) improvements are required as a condition of the approval of the plan by the Borough Council, within the time or times specified in the approval. The agreement may include any other specified conditions or requirements agreed to by the Borough Council and developer and/or owner. The developer and/or owner shall reimburse the Borough for the legal fees and filing costs incurred for the preparation and recording of this agreement (or memorandum thereof).