The improvement construction requirements set forth in this Article VI apply to all applicants submitting a final plan for subdivision or land development in Royersford Borough. No lot in a subdivision may be sold; no permit to erect, alter or repair any building upon land may be issued; and no building may be erected, unless the improvements required by the Borough Council in connection therewith have either been constructed or guaranteed as required in this chapter.
The applicant shall agree, in writing, to construct streets and other improvements required by this chapter from the lot or lots to be sold or built upon to an existing improved street, subject to the provisions of § 420-6B herein. The work shall be performed in strict accordance with the approved plans and Borough standards and specifications or the applicable provisions of the Pennsylvania Department of Transportation specifications or other agency having jurisdiction over the improvement. No plan shall be finally approved until the developer has completed all of the necessary and appropriate improvements as required, or until such time as the applicant has provided a proper financial guarantee as required by this Article VI, in accordance with the Municipalities Planning Code, to cover the estimated construction cost and engineering cost for such improvements. The applicant shall also guarantee that no lot will be sold or building constructed in any flood-prone area prior to completion of all floodproofing measures planned for such lot and necessary access facilities.
[Amended 9-26-1989 by Ord. No. 703]
In lieu of the completion of any improvements required for final plan approval, financial security in an amount sufficient to cover the costs of any improvements or common amenities shall be provided to the Borough in accordance with this Article VI.
A. 
Type of security.
(1) 
Without limitations as to the type of financial security which the Borough may approve, which approval shall not be unreasonably withheld, irrevocable letters of credit from a federal or commonwealth chartered lending institution and/or restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this Article VI.
(2) 
Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the developer, builder or subdivider posting the financial security, provided said bonding company or lending institution is authorized to conduct business within the commonwealth.
B. 
Amount. The amount of the financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted.
C. 
Determination of improvement costs. 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 or developer 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 Council, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause. If the applicant or developer and Borough Council are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer chosen mutually by Borough Council and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate.
D. 
Time limit. Such financial security shall provide for and secure to the public the completion of all subdivision improvements for which such security is being posted on or before the date fixed in the subdivision plan or subdivision agreement for completion of such improvements.
E. 
Delayed completion. If the subdivider, developer, or builder requires more than one year from the date of posting of the financial security to complete the required improvements, Borough Council may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of 90 days after either the original date scheduled for completion or a rescheduled date of completion. After this adjustment, the Borough Council may require the developer to post additional security in order to assure that the financial security equals 110% of the cost of completion.
F. 
Development in stages. In the case where development is projected over a period of years, the Borough Council may authorize submission of final plat by sections or stages of development in accordance with this chapter and subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
G. 
Water and sewer facilities. If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from Royersford Borough, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this Article VI.
A. 
Partial release. 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(s) performing the work. Any such request shall be in writing addressed to the Royersford Borough Council and subject to the provisions for release as established in Section 509 of Act 247, the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
B. 
Release in full. The portion of the financial security unencumbered by the post-completion security of § 420-42D shall be released only upon completion of installation of the required improvements in accordance with the approved improvement construction plan. Strict compliance with procedures established by Section 510 of Act 247, the Pennsylvania Municipalities Planning Code, shall be followed with respect to the release of financial security posted by the subdivider, owner, developer, or builder. If the Borough Council fails to comply with the time limitations of Section 510 of Act 247,[2] all improvements will be deemed to have been approved and the developer shall be released from all liability pursuant to the financial security.
[2]
Editor's Note: See 53 P.S. § 10510.
C. 
Incomplete improvements. If the required improvements are not completely installed within the period fixed or extended by the Borough Council, the Borough Council shall declare the financial security in default to collect the amount payable thereunder. Upon receipt of such amount, the Borough shall install such improvements as were covered by the security and are commensurate with the extent of building development which has taken place in the subdivision or land development, not exceeding in cost, however, the amount collected upon the security. Strict compliance with procedures established by Section 511 of Act 247, the Pennsylvania Municipalities Planning Code, shall be followed.[3]
[3]
Editor's Note: See 53 P.S. § 10511.
D. 
Post-completion security. The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and accepted by the Borough, and 10% of the performance guarantee shall be held back until a maintenance guarantee has been posted as provided for in § 420-47C.
A. 
Notice.
(1) 
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.
(2) 
Construction and installation operations shall also be subject to inspection by Borough officials during the progress of the work. The subdivider, developer or builder shall pay for all inspections.
B. 
Improvement specifications. All required road improvements shall be constructed in accordance with the applicable provisions of the Pennsylvania Department of Transportation, Form 408, dated 1976, including the latest revisions, and other applicable regulations. All other required improvements shall be constructed in accordance with approved specifications.
(1) 
Specifications. The specifications will be furnished to the applicant by the Borough. If any of the specifications are unavailable at the Borough Hall, the Borough Engineer shall provide the applicable specifications.
(2) 
Sample of materials. During or after construction of any required improvement, should the Borough require a sample of materials, said sample shall be furnished by the appropriate contractor, in a form specified by the Borough Engineer.
C. 
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.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. The Solicitor shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s). The subdivider or developer may be required to cover costs which must be incurred by the Borough or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in § 420-41.
[Added 8-30-1988 by Ord. No. 695]
There shall be a sum used towards the cost of road and traffic improvements (including but not limited to off-site capacity enhancement projects) and stormwater drainage improvements and facilities. The purpose of said payment is to provide funds towards the increased cost to the Borough of road construction, repair and maintenance and stormwater improvement and facilities which are necessitated by the anticipated impact of development and construction within the ARU Adaptive Reuse Zoning District of the Borough of Royersford. The payment shall be calculated as follows:
A. 
For all residential developments within the ARU Adaptive Reuse District, such sum per dwelling unit as set by resolution of the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
For all nonresidential development and construction within the ARU Adaptive Reuse Zoning District, such sum per square foot of total floor area as set by resolution of the Borough Council. "Total floor area" is the floor area within the perimeter of the outside walls, without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
All payments pursuant to the terms hereof shall be deposited in a separate account; and, thereafter, all disbursements shall be made therefrom to satisfy the cost of necessary improvements, construction and repair of roads and traffic, including but not limited to off-site capacity enhancement projects, as well as stormwater drainage facilities, related to and effected by development within any ARU Adaptive Reuse District.
D. 
All payments due hereunder shall be paid to the Borough of Royersford prior to the issuance of any building permit for the subject development.
E. 
In the event that a development in the ARU Adaptive Reuse Zoning District is obligated to provide off-site improvements pursuant to the provisions of § 420-44 hereof, the cost of such off-site improvements to the developer shall be a credit against the charges imposed under the provisions of this section.