No subdivision or land development within the Borough of Chalfont
shall be effected and no street, alley, sanitary sewer, storm sewer,
water main or other facilities in connection therewith shall be laid
out, constructed, opened or dedicated for public use or travel or
for the common use of occupants of buildings abutting thereon except
in accordance with the provisions of this chapter.
A.
Improvement guaranty.
(1)
No plan shall be finally approved unless the streets shown on such
plan have been improved to a condition required by this chapter and
any walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter 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 applicant shall
provide for the deposit with the Borough of financial security in
an amount sufficient to cover the costs of such improvements or common
amenities, including but not limited to roads, stormwater detention
and/or retention basins and other related drainage facilities, recreational
facilities, open space improvements or buffer or screen plantings
which may be required. Such bond or other security shall provide for
and secure to the public the completion of any improvements which
may be required on or before the date fixed in the formal action of
approval or accompanying agreement for completion of the improvements.
(2)
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 date scheduled for
completion by the developer. Annually, the Borough may adjust the
amount of the financial security by comparing the actual cost for
the completion of the remaining improvements as of the expiration
or a rescheduled date of completion subsequent to said security in
order to assure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this section.
(3)
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements submitted
by an applicant and prepared by a professional engineer licensed as
such in the Commonwealth of Pennsylvania and certified by such engineer
to be a fair and reasonable estimate of such cost. The Borough, upon
recommendation of the Borough Engineer, may refuse to accept such
estimate for good cause shown. If the applicant or developer and the
Borough are able 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 applicant or 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 applicant
or developer.
B.
Agreement between Borough and developer.
(1)
The developer shall enter into an agreement with the Borough of Chalfont
guaranteeing that the improvements will be installed in accordance
with the plans, specifications and schedules approved by the Borough
of Chalfont prior to plan approval. This agreement shall also guarantee
that no lot will be sold and no building will be constructed in any
flood-prone and/or mudslide-prone area prior to the completion of
all protective works or measures planned for such lot and necessary
access facilities.
(2)
Such agreement shall also provide that the bond may be applied by
the Borough of Chalfont toward any amounts incurred in correcting
such defects. The balance of such deposit, if any, held at the end
of such period shall be returned by the Borough Council to the depositor
or shall be paid to the order of the depositor without payment of
interest by the Borough Council.
(3)
Prior to offering any improvement to the Borough Council, the developer
shall furnish a written guaranty that labor or engineering and professional
services furnished in the construction of improvements shall have
been paid in full and that there are no claims for damage nor suits
against the contractor involving such improvements. Where the Borough
Council accepts dedication of all or some of the required improvements
following completion, the 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 designated
specification 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 this chapter
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 such improvements.
Approval of any final plan shall lapse and become void unless
the Borough Solicitor shall have caused a copy of the approved plan
to be recorded with the Recorder of Deeds of Bucks County, Doylestown,
Pennsylvania, within 90 days after the date of approval.
The recording of an approved plan shall make the plan a part
of the Borough's Official Plan of Streets, Highways, Parks and
Other Public Improvements. However, all streets, highways, parks and
other public improvements shall be deemed to be in private ownership,
whether or not noted on the plan as dedicated for public use, until
such time as any improvements may have been specifically accepted
or condemned by the Borough according to law.
