A.
Construction improvements.
The applicant or developer shall construct and be responsible for
(at no cost to the Borough) all roads, streets, lanes or alleys, together
with all other improvements, including grading, paving, curbs, gutters,
sidewalks, trails, streetlights, fire hydrants, water mains, street
signs, trees and other landscaping, stormwater management facilities,
sanitary sewers, traffic control devices, open space and recreation
areas, and erosion and sediment control measures in conformance with
the final plan as approved, the applicable specifications and regulations
of PennDOT and PADEP, and any other applicable regulations.
B.
Physical improvements to the property being subdivided, resubdivided,
or developed shall be provided, constructed and installed as shown
on the record plan, and all supplemental plans and drawings accompanying
the approved final plan, in accordance with the requirements of the
Borough.
C.
The subdivider shall agree with the Borough as to the installation
of all improvements shown on the plan and required by this chapter
and shall execute and file Subdivision Improvements Agreement, Form
4 (Appendix E[1]), or such other improvements agreement as may be prepared
by the Borough Solicitor and approved by Borough Council from time
to time.
[1]
Editor's Note: Said appendix is on file in the Borough offices.
D.
All improvements installed by the subdivider shall be constructed
in accord with the applicable design specifications of the Borough
and applicable authorities or, where none exist, as prepared by the
Borough Engineer. Where required, the specifications of the applicable
state or federal agency shall be used.
E.
Supervision of the installation improvements required by this chapter
shall be the responsibility of the Borough or the appropriate state
regulatory agency.
F.
No application shall be granted final approval and no building permits shall be issued until the applicant has completed all required improvements or has provided an improvement guarantee in accordance with § 240-704.
G.
No occupancy permit for any building or buildings to be erected shall
be issued by the Borough until:
(1)
The roads, streets or lanes providing access to and from existing
public roads to such building or buildings have been improved to a
permanently passable condition by application of at least an asphalt
base course.
(2)
All other improvements depicted on the approved final plan,
either upon the lot or lots or beyond the lot or lots in question,
and necessary for the reasonable use of or occupancy of any such building
have been completed.
A.
The construction or installation of all improvements shall at all
times be subject to inspection by representatives of the Borough or
any other governing authority at the expense of the applicant or developer.
If such inspection reveals that work is not in accordance with the
approved plans and specifications, that construction is not being
done in a satisfactory manner, or that erosion sediment is being deposited
on adjacent areas as a result of the land development, the said representative
is empowered to require corrections to be made and/or the suspension
of the subdivision approval and to issue a cease and desist order,
which may include any or all of the following sanctions:
B.
The said cease and desist order shall be terminated upon the determination
by Borough Council or by the Borough representative that the said
defects or deviations from plan requirements have been corrected.
C.
All inspection procedures and methods shall be at the discretion
of the Borough Engineer or, where applicable, the Municipal Authority
Engineer.
D.
It shall be the responsibility of the applicant or developer to notify
the Borough Engineer, Municipal Authority Engineer, or other duly
authorized representative of the Borough, at least two working days
in advance of the commencement or installation of any facility or
utility required by this chapter or by the approved subdivision or
land development plan in order that provisions may be made for inspection
by the Borough.
E.
In addition to the advance notice required in Subsection D above, it shall be the responsibility of the applicant or developer to notify the Borough Engineer, Municipal Authority Engineer, or other duly authorized Borough representative at least one working day in advance of the time anticipated for the required inspection:
(1)
Key trench for stormwater management basins following excavation
but prior to the placement of backfill.
(2)
Underground stormwater management facility prior to excavation.
(3)
All pipe work, including outlet pipe and anti-seep collars in
stormwater management basins, storm drains, and utilities, before
backfill begins.
(4)
Utility work within existing roadways prior to road opening
or saw-cutting of roadway.
(5)
Footings for structures following excavation but prior to the
commencement of any further construction work on the structure.
(6)
Fill placement in existing or future Borough rights-of-ways
prior to placement.
(7)
Road subgrade when completed, but before the start of installation
of curbs or stone base course.
(8)
Curbs and sidewalks, when stone base is in place, and during
the subsequent concrete pours.
(9)
Stone subbase course during its installation.
(10)
Bituminous surface binder course during its installation.
(11)
Bituminous surface wearing course during its installation.
(12)
Erosion and sedimentation control facilities removal, including
conversion of sediment basins/traps to permanent prior to conversion.
(13)
Final inspection.
A.
The applicant shall be required to pay for all reasonable and necessary
expense incurred by the Borough in the review of subdivision and land
development plans and for the inspection of improvements. Such expenses
shall be based upon a fee schedule established by resolution of the
Borough Council.
B.
Such review and inspection fees shall be reasonable and in accordance
with the ordinary and customary charges by consultants to the Borough
for similar services, but in no event shall the fees exceed the rate
or cost charged by such consultants to the Borough. In the event the
applicant contests the amount of the inspection fees, the applicant
and the Borough shall follow the procedure for dispute resolution
set forth in the Municipalities Planning Code (Act 247).
A.
Improvements guarantee. Prior to final plan approval by Borough Council and before a major plan application may be endorsed or recorded and before the issuance of any building permits, the applicant shall deliver to the Borough Council an improvements guarantee in the form of a corporate bond or other financial security approved by the Borough Council in an amount sufficient, as determined in accordance with § 240-704B, to cover the cost of all improvements required by this chapter, their engineering and their inspection.
(1)
The improvements guarantee shall guarantee the construction
and installation within one year from the deliverance of the guarantee
of those improvements to be located within that portion of the subdivision
or land development for which a final plan has been approved by the
Borough Council. The Borough Council may, at its discretion, extend
the one-year period.
(2)
The improvements guarantee shall be required for all improvements
required by this chapter, including but not limited to roads, sewer
lines, waterlines, landscaping, stormwater facilities, and erosion
and sediment control facilities.
B.
Amount of improvements guarantee.
(1)
The improvement guarantee shall equal 110% of the cost of completing
the improvements estimated as of 90 days following the date scheduled
for completing said improvements.
(2)
The Borough may make an annual adjustment to the improvement
guarantee, determined by comparing the cost of completed improvements
to the estimated cost of improvements and estimating the cost of completing
the remaining improvements. The annual adjustment shall ensure the
improvement guarantee equals 110% of the cost to complete all improvements
as of 90 days following the original date scheduled for completion
or a revised date for completion.
(3)
The amount of improvement guarantee shall be based on a cost
estimate submitted by the applicant or developer, prepared and certified
by a Pennsylvania-licensed professional engineer.
(4)
The Borough, upon the recommendation of the Borough Engineer,
may refuse to accept the estimate of the applicant or developer.
(5)
If the Borough and applicant or developer cannot agree on an
estimate, then another professional engineer, mutually selected by
the Borough and applicant, shall prepare and certify another estimate.
The cost of the third engineer shall be paid equally by the Borough
and the applicant or developer.
(6)
Where development is projected over a period of years, the Borough
Council may authorize submission of final plats in sections or stages
subject to requirements or guarantees for improvements in future sections
or stages it finds essential for the protection of any approved section
of the development.
C.
Release of improvements guarantee.
(1)
As the work of installing the required improvements proceeds,
the party posting the financial security may request the Borough Council
to release or authorize the release, from time to time, of such portions
of the financial security necessary for 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 receipt of the request within which to allow the Borough
Engineer to certify, in writing, to the Borough Council that such
portion of the work upon improvements has been completed in accordance
with the approved plat. Upon such certification, the governing body
shall authorize release by the bonding company or lending institution
of an amount as estimated by the Borough Engineer fairly representing
the value of the improvements completed or, if the Council fails to
act within the forty-five-day period, the Council shall have deemed
to have approved the release of funds as requested. The Council may,
prior to final release at the time of completion and certification
by its Engineer, retain 10% of the original amount of posted financial
security for the aforesaid improvements.
(2)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Borough Council, in writing
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof 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.
(3)
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, said report shall contain a statement of reasons
for such nonapproval or rejection.
(4)
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.
(5)
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.
Remedies to effect completion of improvements. In the event that any improvements which are required by this chapter, including those listed under § 240-704, have not been installed as provided in this chapter or in accord with the approved final plan, the Borough may enforce any corporate bond or other security by appropriate legal and equitable remedies. If the 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 Borough may, at is 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. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the applicant, the developer, or both, shall be used solely for the installation of the improvements covered by such security, including the Borough's cost to enforce the completion of the improvements.
E.
Maintenance guarantee. Where the Borough Council accepts dedication
of all or some of the required improvements following completion,
the Borough 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 design and
specifications as depicted on the final plat 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 section
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 said improvements.
F.
Release from improvements guarantee. Upon completion and approval
of improvements, the improvement guarantee held by the Borough shall
be released to the applicant.
A.
Within 30 days after completion and approval of improvements as shown
on the final plan, and before acceptance of any improvements by the
Borough, the applicant shall submit to the Council an as-built plan
(a corrected copy of the final plans) showing actual dimensions and
conditions of streets and all other improvements, certified by a professional
engineer to be in accordance with actual construction, including but
not limited to:
(1)
Concrete monuments and lot pins.
(2)
Cartway edges and center-line location and elevations.
(3)
Sanitary sewer mains, manholes, cleanouts, and laterals.
(4)
Storm sewers, inlets, manholes, and culverts.
(5)
Water mains, valves, and hydrants.
(6)
Streetlights and utility poles.
(7)
All known utilities, including gas, electric, cable, and telephone.
(8)
Stormwater management facilities.
(9)
Landscaping (including buffer areas and screening).
(10)
Easements.
(11)
Certification of the accuracy of the plan and the applicant's
or developer's engineer or surveyor.
B.
In addition, the as-built plan shall indicate that the resulting
grading, drainage structures and systems and erosion and sediment
control practices, including vegetative measures, are in substantial
conformance with the previously approved drawings and specifications.
The plan shall note all deviations from previously approved drawings.
Four copies of the as-built plan shall be submitted as follows: one
copy each to the Borough Engineer, the Municipal Authority Engineer,
the Borough, and the Municipal Authority.
A.
Upon completion of the public improvements shown on an approved subdivision
or land development plan and within 90 days after approval of such
public improvements as herein provided, the developer shall submit
a written offer of such public improvements for dedication to the
Borough using the certification form shown in Appendix F,[1] completed in its entirety. The Borough shall have the
discretion to accept such public improvements or not.
[1]
Editor's Note: Said appendix is on file in the Borough offices.
B.
The applicant shall be responsible for maintenance of all improvements
until the time that such improvements are accepted by the Borough.
C.
The Borough may require that stormwater management facilities remain
in private ownership, with the maintenance responsibility placed on
individual lot owners, a homeowners' association or similar entity,
or an organization capable of carrying out such maintenance responsibilities.
D.
Where maintenance of stormwater management facilities is to be the
responsibility of individual owners, a homeowners' association or
similar entity, or an organization capable of carrying out maintenance
responsibilities, the Borough may require that an initial escrow maintenance
fund be established in a reasonable amount, that provision is made
for periodic review of the adequacy of capital reserves for repairs
and replacements of such facilities, and that maintenance responsibilities
be set forth in perpetual covenants or deed restrictions binding on
the landowner's successors in interest, all in such instruments and
or such items as acceptable to the Borough upon review by the Borough
Solicitor at the applicant or developer's expense.
Prior to the Council's acceptance of some or all of the improvements required for a subdivision or land development plan, the Council may require the applicant to post a maintenance guarantee in accordance with § 240-704E.
