A.
A completion guarantee or financial security in the form of a bond,
cash deposit, cashier's check or other negotiable securities
acceptable to the Municipality shall provide for, and secure to the
Municipality, 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. The guarantee or security
shall cover any and all stormwater management facilities, BMPs, erosion
and sedimentation controls and other required improvements (collectively,
"improvements") and 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 Municipality may adjust the amount
of 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 the 90th day
after either the original date scheduled for completion or a rescheduled
date of completion. Subsequent to said adjustment, the Municipality
may require the developer to post additional 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
subsection.
The completion guarantee or financial security shall be returned
or released upon written certification by the Municipality Engineer
or a designated agent that improvements and facilities have been installed
and completed in accordance with the approved plan and specifications.
The procedures for requesting and obtaining a release of the completion
guarantee shall be in a manner prescribed by Section 510 of the Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10510.
If improvements are not installed in accordance with the approved
final plans, the Council of the Municipality of Murrysville may enforce
any corporate bond or any security by appropriate legal and equitable
remedies. If 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 Municipality may,
at its option, install part of such improvements in all or part of
the development and may institute appropriate legal or equitable action
to recover the monies necessary to complete the remainder of the improvements.
All proceeds, whether resulting from the 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 Municipality purpose.
A.
When streets, sanitary sewers, stormwater management facilities,
BMPs, erosion and sedimentation controls or other required improvements
in the development have been completed in accordance with the final
plans, such improvements shall be deemed private until such time as
they have been offered for dedication to the Municipality of Murrysville
and accepted by separate ordinance or resolution or until they have
been condemned for use as a public facility. The Municipality shall
be under no obligation to accept such facilities or controls unless
and until the Municipality so determines that it is in the best interest
of the Municipality to do so.
B.
Prior to acceptance of any improvements or facilities, the Municipal
Engineer shall inspect the same to ensure that the same are constructed
in accordance with the approved plans and are functioning properly.
C.
The owner shall submit as-built plans for all facilities proposed
for dedication.
Prior to acceptance of any improvements or facilities, the applicant
shall provide financial security to secure the structural integrity
and functioning of the improvements. The security shall:
The Municipality of Murrysville Council may adopt by resolution,
from time to time, a reasonable schedule of fees to cover the cost
of presubmission and preconstruction meetings, plan reviews, inspections
and other activities necessary to administer, monitor and enforce
the provisions of this chapter. All fees shall be set in accordance
with the applicable provisions of the Municipalities Planning Code,
53 P.S. § 10101 et seq., and any dispute over the fee amount
shall be resolved in the manner prescribed by the Municipalities Planning
Code.
