Before the final plan is signed and made ready for recording
or prior to the issuance of any permits needed for construction or
occupancy of any subdivision or land development, all applicants are
required to complete, to the satisfaction of Borough Council, all
required public improvements in manner set forth in this article.
Borough Council may release all or parts of the posted financial
security as completion of improvements proceeds, in compliance with
the applicable requirements of the Pennsylvania Municipalities Planning
Code and according to the following requirements:
A. Partial release of security. As the work of the installation of the
required public improvements proceeds, the party posting the financial
security may request the Borough to release or authorize the release,
from time to time, such portions of the financial security necessary
for the payment of the contractor or contractors performing the work.
Any such request shall be made in writing addressed to Narberth Borough.
(1) Upon receipt of the request for release of a portion of the improvement
security, the Borough shall have 45 days in which to allow the Borough
Engineer to certify, in writing, that such portion of the public improvements
has been completed in accordance with the approved plan.
(2) Upon the Borough Engineer's certification, Borough Council shall
authorize release to the applicant or their designee by the bond company
or lending institution of an amount of funds that the Borough Engineer
feels fairly represents the value of the improvements completed.
When Borough Council accepts dedication of any required improvements
following their completion or certifies project completion, Borough
Council may require posting of financial security by the applicant
to secure the structural integrity and functioning of these improvements
in accordance with the design and specifications as depicted on the
approved final plan.
A. Said financial security shall be of the same type as otherwise required by §
450-82 above.
B. The amount of financial security shall not exceed 15% of the actual
cost of installation of the improvements.
C. The term of the guarantee shall be 18 months from the date of acceptance
of dedication or certification of project completion.
D. Landscaping security. The applicant shall be responsible for the
full replacement of all dead or diseased trees or shrubs for 18 months
after final acceptance and certification of project completion. Final
inspection of landscaping shall be performed while trees are fully
leafed out, typically May 1 through November 1.
Where the maintenance of improvements is to be the responsibility
of individual lot owners, a homeowners' association or similar entity,
or an organization capable of carrying out maintenance responsibilities,
Borough Council shall require that maintenance responsibilities be
set forth in perpetual covenants or deed restrictions binding on the
landowners' successors in interest, and may further require that an
initial maintenance fund be established in a reasonable manner.
Before Borough Council shall cause its approval to be endorsed
upon the final plans of any subdivision or land development, and as
a requirement for the approval thereof, the owners shall enter into
a written agreement with the Borough in the manner and form set forth
by the Borough Solicitor, which shall include but not be limited to
the following:
A. To construct or cause to be constructed or installed, at the owners'
expense, all streets, curbs, sidewalks, fire hydrants, street lights,
stormwater facilities, water and sewer facilities, street signs, monuments,
capped sewers, parks, landscaping, line painting, and other improvements
shown the final plan when required to do so by Borough Council in
accordance with the standards and specifications of the Borough.
B. To maintain, at the owners' expense, all streets, curbs, sidewalks,
stormwater facilities, water and sewer facilities, street signs, parks,
monuments, fire hydrants, street lights, capped sewers, line painting,
landscaping, and other improvements, until the same are accepted or
condemned by the Borough for public use, and for a period of 18 months
thereafter to repair and reconstruct the same of any part of one of
them when such repair or reconstruction shall be specified by Borough
Council as necessary by reason of faulty construction, workmanship,
or materials, or the structural integrity or functionality of the
improvements are not satisfactory as determined by the Borough or
Borough Engineer.
C. To pay all costs, charges, or rates of the utility furnishing electric
service for the lighting of the streets on or abutting said subdivision,
from the lights installed by the owner, until such time as the streets
shown on the subdivision plans shall be accepted as public streets
of the Borough by ordinance or resolution, and to indemnify and hold
harmless the Borough from and against all suit, actions, claims, and
demands for electric service to the streets shown on said plans, or
any part thereof, to the time that said streets shall be accepted
as public streets of the Borough in the manner hereinabove set forth.
D. Pay the inspection fees required by the Borough.
E. To obtain the easements and releases required when any street, drainage
facility, or other improvement wherein a subdivision abuts or traverses
land of persons other than the person holding legal title to the lands
of the subdivision at his own cost, and obtain from the owner of the
lands so abutted or traversed full releases from all damages which
may change in grade, construction, or otherwise of the street, drainage
facility, or other improvements and such releases shall insure to
the benefit not only of the owner of the subdivision but to the Borough
as well.
F. To promptly remove or cause to be removed snow from the streets as
may be required for safe traverse of the streets prior to dedication.
G. To promptly reimburse to the Borough reasonable professional service
fees.
H. To provide in a timely manner, all construction and shop drawings
and plans including a full set of "as built" plans on paper and in
an appropriate electronic format as specified by the Borough Engineer.
I. Such other provision(s) as required by Borough Council.