[Ord. 1005, 5/23/2011]
Before the final plan is signed and made ready for recording
or prior to the issuance of any permits needed for construction or
occupancy of any subdivision or land development, all applicants are
required to complete to the satisfaction of the Hatboro Borough Council
all required improvements in the manner set forth in this Part.
[Ord. 1005, 5/23/2011]
1.
No final plan shall be approved until the applicant has either:
A.
Completed all of the improvements required by Borough Council for
final plan approval, in compliance with the requirements of this chapter.
B.
Provided a proper financial security 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.
2.
The work completed or guaranteed shall be in strict accordance with
the approved plans and the requirements of this chapter.
3.
No lot or condominium in a subdivision may be sold, and no permit
to erect, alter, or repair any building upon land in a subdivision
or land development shall 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.
5.
Deferral or Waiver of Required Improvements. The Hatboro Borough
Council may defer or waive at the time of final plan approval, subject
to appropriate conditions, the provision of any or all required improvements,
as in its judgment, are not requisite in the interests of public health,
safety and welfare, or which are inappropriate due to the inadequacy
or nonexistence of connecting facilities. A separate public improvement
agreement may be executed by Borough Council guaranteeing completion
of any deferred improvement.
[Ord. 1005, 5/23/2011]
1.
In lieu of the completion of improvements required for final plan
approval, financial security, in an amount required, shall be guaranteed
to the Borough in compliance with the applicable requirements of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq. Such financial security shall ensure the complete installation
of all the required improvements to be completed on or before the
date fixed in the plan approval, subdivision agreement, and/or development
agreement for completion of such improvements.
2.
The amount of such security to be posted for the completion of 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 required financial
security by comparing the actual cost of improvements which have been
completed and the estimated cost for the completion of the remaining
improvements as of the expiration of the 90th 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 ensure that the financial
security equals said 110%. Any additional security shall be posted
by the developer in accordance with this subsection.
3.
In determining the cost of the completion of improvements for setting the amount of financial security required in Subsection 2, such cost shall be based upon an estimate of the cost of completion of required improvements submitted by the applicant or developer, and prepared by a professional engineer and certified to be fair and reasonable. The Borough, under recommendation of the Borough Engineer, may refuse to accept the estimate for good reasons provided to the applicant. 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 which is mutually chosen by the Borough and the applicant. The estimate certified by the third engineer shall be presumed to be 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.
4.
When requested by the applicant in order to facilitate financing,
Borough Council shall furnish the applicant with a signed copy of
a Resolution indicating approval of the final plan contingent upon
the applicant obtaining a satisfactory financial security. Final plans
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.
5.
The Borough at its option, may accept financial security in cash,
in the form of an irrevocable letter of credit, escrow account or
surety bond with a bonding company or commonwealth or federal chartered
lending institution chosen by the party posting financial security
provided said institution or company is authorized to conduct such
business in Pennsylvania.
[Ord. 1005, 5/23/2011]
1.
Borough 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.
Partial Release of Security. As the work of the installation of 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 of the contractor or contractors performing the work.
Any such request shall be done in writing addressed to the Borough,
in a form or format acceptable to the Borough. Upon receipt of the
request for release of a portion of the improvement security, the
Borough shall within 45 days allow the Borough Engineer to certify,
in writing, that such portion of the improvements has been completed
in accordance with the approved plan at which time the Borough shall
authorize the release to the applicant or his designee by the bond
company or lending institution of an amount of funds that the Borough
Engineer feels fairly represents the value of the work completed.
The Borough 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. Release of security
does not constitute acceptance of the work by the Borough.
B.
Incomplete Improvements. If the required improvements are not completely
installed within the period fixed or extended by Borough Council,
Borough Council may:
(1)
Declare the financial security in default and require that all
improvements be installed regardless of the extent of the building
development at the time the agreement is declared in default.
(2)
Suspend final plan approval until the development improvements
are completed and record a document to that effect for the purpose
of public notice.
(3)
Obtain funds under the security and complete improvements.
(4)
Assign the right to receive funds under the security to any
third party, including a subsequent owner of the property wherein
improvements were not completed in exchange for that subsequent owner's
promise to complete improvements.
(5)
Exercise any other available rights under the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
C.
Post-Completion Security. The applicant shall be responsible for
maintenance of all improvements until and unless they are offered
for dedication and accepted by the Borough. Fifteen percent of the
financial security may be held back to ensure that the public improvements
are maintained until they are dedicated.
[Ord. 1005, 5/23/2011]
1.
Notice. 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.
Construction and installation operations shall also be subject to
inspection by the Borough during the progress of the work. The subdivider,
developer or builder shall pay the reasonable and necessary expenses
for inspections, in accordance with the fee schedule established by
Resolution of Borough Council.
2.
Improvement Specifications. All required road improvements shall
be constructed in accordance with the applicable provisions of the
Pennsylvania Department of Transportation, Publication Form 408, current
edition, including the latest revisions and other applicable regulations.
All other required improvements shall be constructed in accordance
with approved specifications found in the Part 7, Technical and Engineering
Standards.
A.
Specifications. The specifications shall 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. 1005, 5/23/2011]
[Ord. 1005, 5/23/2011]
1.
Conditions. The Borough shall have no obligation to accept dedication
of any street or other improvement but may consider accepting dedication
if:
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 Borough Council that there
is a need for the dedication of improvements.
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 Borough Council.
[Ord. 1005, 5/23/2011]
1.
When Borough Council accepts dedication of required improvements
following their completion, Borough Council may 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.
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.
D.
Landscaping Security. The applicant shall be responsible for the
full replacement of all dead or diseased trees or shrubs for 18 months
after they have been planted. Security in the amount of 15% of the
full landscaping replacement costs shall be held for a period of 18
months following the planting of the required landscaping. Replacement
plantings shall carry the same eighteen-month replacement period from
the date of replacement.
E.
Stormwater Facilities Security. The applicant shall be responsible
for the full replacement of all stormwater facilities for 18 months
after they have been installed. Security in the amount of 15% of the
full stormwater replacement costs shall be held for a period of 18
months following the installation of the required stormwater facilities.
Replacement stormwater facilities shall carry the same eighteen-month
replacement period from the date of replacement.
[Ord. 1005, 5/23/2011]
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,
Borough 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.
[Ord. 1005, 5/23/2011]
1.
Before Borough Council shall cause its approval to be endorsed upon
the final plans of any subdivision or land development, and as a requirement
for the approval thereof, the owners shall enter into a written agreement
with the Borough in the manner and form set forth by the Borough Solicitor
which shall include, but not be limited to, the following:
A.
To construct or cause to be constructed, at the owners' expense,
all streets, curbs, sidewalks, fire hydrants, street lights, drainage
facilities, water and sewer facilities, street signs, monuments, capped
sewers, parks, and other improvements shown on said final plan when
required to do so by Borough Council in accordance with the standards
and specifications of the Borough.
B.
To maintain at the owners' cost the said streets, curbs, sidewalks,
drainage facilities, water and sewer facilities, street signs, parks,
monuments, fire hydrants, street lights, capped sewers, and other
improvements, until the same are accepted or condemned by the Borough
for public use, and for a period of 18 months thereafter to repair
and reconstruct the same of any part of one of them when such repair
or reconstruction shall be specified by Borough Council as necessary
by reason of faulty construction, workmanship, or materials, and,
at or before acceptance of such improvements by the Borough.
C.
To install, or cause to be installed, at the owner's expense
and without any cost to the Borough for any part of such installation,
street lighting facilities on all streets abutting the subdivision.
D.
To pay all costs, charges or rates, of the utility furnishing electric
service for the lighting of the streets on or abutting said subdivision,
from the lights installed by the applicant, until such time as the
streets shown on the subdivision plans shall be officially accepted
as public streets of the Borough. To indemnify and hold harmless the
Borough from and against all suit, actions, claims, and demands for
electric service to the streets shown on said plans, or any part thereof,
to the time that said streets shall be accepted as public streets
of the Borough in the manner hereinabove set forth.
E.
Pay the inspection fees required by the Borough.
F.
To obtain the easements and releases required when any street, drainage
facility or other improvement wherein a subdivision abuts or traverses
land of persons other than the person holding legal title to the lands
of the subdivision at his own cost, and obtain from the owner of the
lands so abutted or traversed full releases from all damages which
may occur due to a change in grade, construction, or otherwise, of
the street, drainage facility or other improvements and such releases
shall inure to the benefit not only of the owner of the subdivision
but to the Borough as well.
G.
To promptly remove or cause to be removed snow from the streets as
may be required for safe traverse of the streets prior to dedication.
H.
To promptly reimburse to the Borough reasonable fees for the Borough
Solicitor, Borough Engineer, Borough Planner or other applicable Borough
consultant.
I.
Such other provision(s) as deemed necessary by Borough Council.
