All improvements proposed in the final plan shall be completed
by the developer in accordance with the requirements of the Clearfield
Borough and this article.
A.
The Clearfield Borough's staff will identify the lead agency for
each improvement proposed by the developer. In most situations, the
lead agency will be the ultimate owner of the improvement. The developer
shall contact the lead agency to discuss the specifications for installation
of the improvements. Where the lead agency has not established any
specifications, the Clearfield Borough Council will require compliance
with the specifications outlined in this article, and any other specifications
which are applicable to the proposal.
B.
Following completion by the developer and acceptance by the lead
agency of all required subdivision improvements, the lead agency shall
sign the final plan drawings before the plan can be finally approved
by the Clearfield Borough Council.
(1)
Improvement guarantee.
(a)
In lieu of the completion of any improvements required as a
condition for the final approval of a subdivision plan, the developer
shall provide for the deposit of a financial security in an amount
sufficient to cover the cost of any improvements or common amenities.
Such financial security shall be deposited with, and in favor of,
the Clearfield Borough, Clearfield County.
(b)
When requested by the developer, in order to facilitate financing,
the Clearfield Borough Council shall furnish the developer with a
signed copy of a resolution indicating approval of the final plan
contingent on the developer obtaining a satisfactory financial security.
The final plan 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 the Clearfield Borough Council; such extension
shall not be unreasonably withheld and shall be placed in writing
at the request of the developer.
(c)
The Clearfield Borough Council shall determine what types of
financial security are acceptable for the purpose of guaranteeing
construction of improvements. Irrevocable letters of credit and restrictive
or escrow accounts from federal or commonwealth chartered lending
institutions shall be deemed acceptable financial security. Such financial
security shall be secured from a bonding company, or federal or commonwealth
chartered lending institution chosen by the party posting the financial
security, provided said bonding company or lending institution is
authorized to conduct such business within the commonwealth.
(d)
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.
(e)
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, Clearfield Borough 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 the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
Clearfield Borough may require the developer to post additional security
in order to assure that the financial security equals said 110% of
those improvements which will become Borough-owned upon completion
of the subdivision. Any additional security shall be posted by the
developer in accordance with this section.
(f)
The amount of financial security required shall be based on
an estimate of the cost of completion of the required improvements
that will be Borough-owned upon completion of the subdivision. All
lead agencies shall be responsible for negotiating financial security
required to be submitted by the 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. Clearfield Borough and the lead agency engineer may refuse
to accept such estimate for good cause shown. If the developer, the
Borough and the lead agency are unable to agree upon an estimate,
then the estimate shall be recalculated and recertified by another
professional engineer licensed as such in the Commonwealth of Pennsylvania
and chosen mutually by the Borough and the 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 lead agency and the developer.
(g)
If the developer posting the financial security requires more
than one year from the date of posting of the financial security to
complete the required improvements, the amount of financial security
may be increased by an additional 10% for each one-year period beyond
the first anniversary date from posting of financial security, or
to an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period by using the above bidding procedure.
(h)
In the case where subdivision activity is projected over a period
of years, the Clearfield Borough Council may authorize submission
of final plans by section or stages of development 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.
(2)
Partial release from improvement guarantee. As the work of installing
the required improvements proceeds, the developer posting the financial
security may request the Clearfield Borough Council to release or
authorize the release of such portions of the financial security necessary
for payment to the contractor or contractors performing the work.
Any such requests shall be in writing addressed to the Clearfield
Borough and the Clearfield Borough Council shall have 45 days from
receipt of such request within which to allow the lead agency engineer
to certify, in writing, that such portion of the work on the improvements
has been completed in accordance with the approved plan and specifications.
On such certification, the Clearfield Borough Council shall authorize
release by the bonding company or lending institution of an amount
as estimated by the lead agency engineer fairly representing the value
of the improvements completed or, if the Clearfield Borough fails
to act within said forty-five-day period, the Clearfield Borough Council
shall be deemed to have approved the release of funds as requested.
The Clearfield Borough may retain 10% of the estimated cost of the
improvements prior to final release.
(3)
Full release from improvement guarantee.
(a)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Clearfield Borough Council,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the lead
agency engineer to inspect all of the aforesaid improvements. The
engineer shall, thereupon, file a report, in writing, with the Clearfield
Borough Council and lead agency and shall promptly mail a copy of
the same to the developer by certified or registered mail. The report
shall be made and mailed within 30 days after receipt by the lead
agency engineer of the aforesaid authorization from the Clearfield
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 by the lead agency engineer, said
report shall contain a statement of reasons for such non approval
or rejection.
(b)
The Clearfield Borough Council shall notify the developer, within
15 days of receipt of the engineer's report, in writing by certified
or registered mail of the action of the Clearfield Borough Council
with relation thereto.
(c)
If the Clearfield Borough Council or the lead agency engineer
fails to comply with the time limitation provisions contained herein,
all improvements will be deemed to have been approved and the developer
shall be released from all liability, pursuant to its performance
guarantee bond or other security agreement.
(d)
If any portion of the said improvements shall not be approved
or shall be rejected by the Clearfield Borough Council, the developer
shall proceed to complete the same and, upon completion, the same
procedure of notification, as outlined herein, shall be followed.
(e)
Nothing herein, however, shall be construed in limitation of
the developer's right to contest or question by legal proceedings
or otherwise any determination of the Clearfield Borough Council or
the lead agency engineer. Where herein reference is made to the lead
agency engineer, he may be as a consultant thereto.
(f)
The Clearfield Borough Council and lead agency may prescribe
that the developer shall reimburse the lead agency for the reasonable
and necessary expense incurred for the inspection of improvements.
Such reimbursement shall be based upon a schedule established by ordinance
or resolution. Such expense shall be reasonable and in accordance
with the ordinary and customary fees charged by the lead agency engineer
or consultant for work performed for similar services in the community,
but in no event, shall the fees exceed the rate or cost charged by
the engineer or consultant to the lead agency when fees are not reimbursed
or otherwise imposed on applicants.
[1]
In the event the developer disputes the amount of any such expense
in connection with the inspection of improvements, the developer shall,
within 10 working days of the date of billing, notify the Clearfield
Borough Council and lead agency that such expenses are disputed as
unreasonable or unnecessary, in which case the Clearfield Borough
Council shall not delay or disapprove a subdivision application due
to the developer's request over disputed engineer expenses.
[2]
If, within 20 days from the date of billing, the Clearfield
Borough Council and the developer cannot agree on the amount of expenses
which are reasonable and necessary, then the developer and Clearfield
Borough shall jointly, by mutual agreement, appoint another professional
engineer licensed as such in the Commonwealth of Pennsylvania to review
the said expenses and make a determination as to the amount thereof
which is reasonable and necessary.
[3]
The professional engineer so appointed shall hear such evidence
and review such documentation as the professional developer in his
or her sole opinion deems necessary and render a decision within 50
days of the billing date. The applicant shall be required to pay the
entire amount determined in the decision immediately.
[4]
In the event that the Clearfield Borough Council and developer
cannot agree on the professional engineer to be appointed within 20
days of the billing date, then, on application of either party, the
President Judge of the Court of Common Pleas of the judicial district
in which the Borough is located (or if at the time there be no President
Judge, then the senior active judge then sitting) shall appoint such
engineer, who, in that case, shall be neither the Borough lead agency,
nor any professional engineer who has been retained by, or performed
services for, the Clearfield Borough, lead agency, or the developer
within the preceding five years.
[5]
The fee of the appointed professional engineer for determining
the reasonable and necessary expenses shall be paid by the developer
if the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the lead agency
shall pay the fee of the professional engineer, but otherwise the
lead agency and the developer shall each pay 1/2 of the fee of the
appointed professional engineer.
(4)
Maintenance guarantee. On completion of some or all of the require
improvements, Clearfield Borough may require the posting of a financial
security to secure the structural integrity and functioning of said
improvements in accordance with the design and specifications as depicted
with the final plan for a term not to exceed 18 months from the date
of acceptance of the dedication. This financial security for maintenance
shall be in the same form as otherwise required in this section for
the installation of required improvements. However, in no event shall
the financial security for maintenance exceed 15% of the actual cost
of the installation of said improvements.
(5)
Remedies to effect completion of improvements. In the event that
any improvements which may be required have not been installed as
provided in this chapter or in accordance with the approved final
plan, Clearfield Borough may enforce any corporate bond or other 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, Clearfield Borough may institute appropriate legal or equitable
action to recover the moneys 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
developer, or both, shall be used solely for the installation of the
improvements covered by such security, and not for any other Borough
purpose.
The developer shall place permanent reference monuments in all
subdivisions as required herein. Any monuments or markers that are
removed during construction and/or grading of the site shall be placed
in original locations by a registered engineer or surveyor at the
expense of the person removing them.
A.
Monuments.
(1)
Monuments shall be made of precast concrete with a minimum diameter
of six inches and a minimum length of 36 inches, and shall be set
flush with the finished grade. A brass pin shall be set in the top
of each monument and scored or marked to indicate the exact point
of crossing of the intersecting lines.
B.
Markers.
(1)
Markers shall consist of magnetic metal pipes or bars at least 36
inches long and not less than 1/2 inch in diameter, and shall be set
flush with the finished grade. They shall be scored to indicate the
exact point of crossing of intersecting lines.
(2)
Markers shall be set permanently at all lot corners.
All streets, except those approved as private drives, shall
be irrevocably dedicated, in writing, by the developer to the Clearfield
Borough immediately on completion and acceptance of construction.
Such streets shall be graded to the elevations and dimensions shown
on the plans, profiles, and cross sections submitted by the developer
for final plan review, and as approved by the Clearfield Borough Council.
A.
Local street construction. All Borough streets shown on the approved
final plan shall be constructed in accordance with the specifications
for street construction of the state and Clearfield Borough.
(1)
Preparation of subgrade. The subgrade shall be formed by shaping
the graded roadway surface to the approved profile. The surface shall
be brought to a firm, thoroughly compacted condition for the width
of the base course by rolling with a power roller. Any soft or unsuitable
material shall be removed and replaced with suitable material.
(2)
Installation of caraway. Installation of the cart way by the developer
shall comply with PennDOT 408 Construction Specifications unless otherwise
approved by the Clearfield Borough Council.
(a)
CP-2 surfacing.
[1]
Course aggregate. The first course shall conform to Pennsylvania
Department of Transportation standards for No. 4 aggregate and shall
be graded gravel, crushed gravel, crushed stone, or crushed slag,
meeting the approval of the Borough. This shall be compacted to a
four-inch layer.
[2]
Top course. The top course shall consist of granulated slag
or graded gravel equivalent to Pennsylvania Department of Transportation
standards for No. 2-A aggregate, spread and compacted into a four-inch
layer. The depth after final compaction shall be as indicated on the
approved plans and the surface shall be brought to a crown.
[3]
Surface course. This is a standard CP-2 surface course with
initial primer and a No. 2-B stone dragged and rolled as applied;
then three successive layers of No. 1-B stone, and tar applied to
build up the appropriate tar-and-chip surface.
(b)
Bituminous surfacing.
[1]
Base course. The base course shall consist of a layer of hot-mixed,
bituminous, concrete base course BCBC installed according to PennDOT
Specifications, 408. This shall be compacted by an approved power
roller to a three-inch layer.
[2]
Surface course. This surface course shall consist of a layer
of one of the following: 1D-2, FB-1, or FB-2 mixed and installed according
to PennDOT specifications, Form 408. This shall be compacted to a
one-inch layer. If the base course has deteriorated prior to the installation
of surfacing, it shall be brought to a suitable condition prior to
laying the surface course.
B.
Collector and major street construction. Specifications for the construction
of collector and major streets shall be established by the Clearfield
Borough Council after consultation with the Pennsylvania Department
of Transportation.
A.
Where a public sewage system is accessible to the subdivision, the
developer shall provide the subdivision with a complete sanitary sewage
collection system to be connected to the public system. The developer
shall receive and submit to the Clearfield Borough Council a letter
from the Clearfield County Sewage Enforcement Officer or Clearfield
Area Municipal Authority (Sewage Authority) which assures the sewage
system has adequate capacity, and permits the connections to the public
system. The developer shall also secure the sewage connection permit
from the Pennsylvania Department of Environmental Protection (DEP).
All necessary mains and laterals for connections from the lots to
the public system as shown on the final plan shall be installed by
the developer, in accordance with requirements of the Pennsylvania
DEP and the Clearfield Municipal Authority.
B.
Where a public sewer system is not reasonably accessible and proposed
sewage treatment is on site through subsurface disposal, the developer
must submit copies of soil test results along with comments from the
county's Sewage Enforcement Officer (SEO) regarding the suitability
of the property for on-lot sanitary sewage disposal, planning module
and planning module approval letter from the Pennsylvania Department
of Environmental Protection (DEP) to the Clearfield Borough Council
that the proposed development will be suitable for on-site, sewage
disposal. The approval letter must bear the signature of a representative
of the Department of Environmental Protection and/or Clearfield County
Sewage Enforcement Officer in accordance with the requirements of
the Pennsylvania Sewage Facilities Act,[1] as amended. The Clearfield Borough Council may not approve
the final plan until evidence that proposed sanitary sewage disposal
is in compliance with the Pennsylvania Sewage Facilities Act is provided.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
If water is to be provided by means other than by private wells
owned and maintained by the individual owners of lots within the subdivision,
applicants shall present evidence to the Clearfield Borough Council,
as the case may be, that the subdivision is to be supplied by a certified
public utility, a cooperative association of lot owners, or by a municipal
corporation, authority or utility. A copy of a certificate of public
convenience from the Pennsylvania Public Utility Commission or an
application for such certificate, a cooperative agreement or a commitment
or agreement to serve the area in question, whichever is appropriate,
shall be acceptable evidence.
Where deemed necessary by the Clearfield Borough Council, its
Planning Commission, and the Clearfield County Conservation District,
the developer shall provide the subdivision with an adequate stormwater
drainage system. This system shall be consistent with the Pennsylvania
Storm Water Management Act[1] and any Borough regulations. In the absence of such regulations,
a stormwater drainage system shall be reviewed by the Clearfield County
Conservation District, and shall meet the following objectives:
A.
Assure that the maximum rate of stormwater runoff is no greater during
and after development than prior to development; and
B.
Manage the quantity, velocity, and direction of stormwater runoff
in a manner which adequately protects health and property.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
Street name signs shall be installed in the Clearfield Borough
in all major subdivisions containing a new street and shall be installed
according to standards established by the Clearfield Borough. Proposed
street names shall be reviewed by the local post office and the Borough
Planning Commission.
