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.
A. 
No lot in a subdivision may be sold, and no permit to erect, alter, or repair any building upon land in a subdivision or land development will be issued unless and until a subdivision and/or land development plan has been approved, and where required, recorded, and until the required improvements in connection therewith have either been completed or guaranteed for completion as required herein.
B. 
The required improvements completed or guaranteed shall be in strict accordance with the conditionally approved plans and the requirements of this chapter.
C. 
Borough Council may defer, at the time of final plan approval, subject to appropriate conditions, the provision of any or all required improvements, as in its judgment, are not requisite in the interests of public health, safety, and welfare, or which are inappropriate due to the inadequacy or nonexistence of connecting facilities. A separate public improvement agreement may be executed by Borough Council guaranteeing completion of any deferred improvement at some later date.
D. 
The applicant shall comply with the public improvement construction requirements in one of the following ways:
(1) 
Complete all of the improvements required by Borough Council for final plan approval, in compliance with the requirements of this chapter; or
(2) 
Provide proper financial security in a manner acceptable to the Borough to ensure the completion of all improvements, as required by this article, in compliance with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
If the applicant and the Borough agree to the option of financial security for completing improvements, then in lieu of the completion of improvements required as a condition of final plan approval, financial security, in an amount required, shall be guaranteed to the Borough. Such financial security shall assure the complete installation of all the required improvements to be completed on or before the date fixed in the conditional plan approval, subdivision agreement, and/or development agreement for completion of such improvements.
B. 
Determination of the cost of the completion of Improvements used for setting the amount of financial security shall be based upon an estimate of the cost of completion of required improvements submitted by the applicant. The Borough, under recommendation of the Borough Engineer, shall review the estimate and adjust the estimates as necessary. The amount shall be sufficient to cover the costs of any improvements or common amenities which may be required in an amount approved by the Borough Engineer, including, but not limited to, roads, stormwater management, conveyance and other related drainage facilities, recreational facilities, sanitary sewers, lighting, open space improvements, and/or landscape plantings.
C. 
If the party posting the financial security requires more than one year from the date of posting to complete the required improvements, the amount of financial security may be increased for each one-year period beyond the first anniversary date from posting of financial security 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 updated estimates of the Borough Engineer or based on actual cost of improvements which have been completed. Subsequent to said adjustment, the Borough may require the applicant to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the applicant in accordance with this subsection.
D. 
When requested by the applicant in order to facilitate financing, Borough Council shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining a satisfactory financial security. Final plans will not be signed or recorded until the financial improvements agreement is executed. The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 calendar days, unless a written extension is granted by Borough Council.
E. 
The Borough, at its option, may accept financial security in the form of cash escrow placed with the Borough, irrevocable letter of credit, escrow account, or surety bond with a bonding company or chartered lending institution chosen by the party posting financial security provided said institution or company is authorized to conduct such business in the Commonwealth of Pennsylvania, is approved by the Borough, and that the bond is in a form approved by the Borough and includes all terms and conditions required by the Borough.
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[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Incomplete improvements. If the required improvements are not completely installed within the period fixed or extended by Borough Council, Borough Council may take one or more of the following actions:
(1) 
Declare the financial security in default and require that all improvements be installed regardless of the of the extent of the building development at the time the agreement is declared in default;
(2) 
Suspend final plan approval until the development improvements are completed and record a document to that effect for the purpose of public notice;
(3) 
Obtain funds under the security and complete the improvements;
(4) 
Assign the right to receive funds under the security to any third party, including a subsequent owner of the property wherein improvements were not completed in exchange for that subsequent owner's formal agreement to complete improvements. Any agreement shall be prepared to the satisfaction of the Borough Solicitor;
(5) 
Exercise any other available rights under the Pennsylvania Municipalities Planning Code or under an agreement with the developer.
A. 
Notice. The Borough Engineer shall be notified 48 hours in advance of the commencement of any construction or installation operation, to schedule an inspection by the Borough. Construction and installation operations shall also be subject to inspection by the Borough during the progress of the work. The applicant, developer, or builder shall pay the reasonable and necessary expenses for inspections in accordance with the fee schedule established by resolution of Borough Council.
B. 
Improvement specifications. All required improvements shall be constructed in accordance with the applicable provisions of the Borough's Code of Ordinances. If the appropriate standards are not provided in the ordinances, the specifications will be furnished to the applicant by the Borough. If any of the specifications are unavailable at the Borough office, the Borough Engineer shall provide the applicable specifications.
C. 
Sample of materials/shop drawings. During or after construction of any required improvement, if the Borough requires a sample of materials or a shop drawing, said item shall be furnished by the appropriate contractor in a form specified by the Borough Engineer.
D. 
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 or in areas proposed for future dedication to the Borough shall be supplied to the Borough.
E. 
Testing. The applicant shall provide all testing results to the Borough Engineer. The applicant shall complete all tests required by the Borough Engineer.
A. 
Conditions. The Borough shall have no obligation to accept dedication of any street or other improvement. Further, the Borough will not consider acceptance unless all of the following shall be true:
(1) 
It is established to the satisfaction of Borough Council that it is in the best interest of the Borough for the improvements to be dedicated.
(2) 
The required improvements shown on the approved plan or plans have been constructed to meet all requirements, and are free of defects or deterioration, as evidenced by inspection as well as by as-built plans produced by the applicant.
(3) 
In the case of streets, a deed of right-of-way is submitted and accepted by PennDOT conforming to the required standards qualifying the street for liquid fuels funding.
B. 
Acceptance. The Borough shall have no responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public, unless the street or other improvement is accepted by the Borough through the passage of an ordinance or resolution adopted by Borough Council.
C. 
Offer of dedication.
(1) 
The applicant shall submit a written offer of dedication to the Borough for the streets and other improvements, including but not limited to sidewalks, streetlights, underground utilities, stormwater management facilities, and other such improvements. The written offer of dedication shall include the following:
(a) 
A deed of dedication covering the real property where the improvements are located with a legal description of the property to be dedicated and a bill of sale for any facilities located upon the property.
(b) 
A copy of a title insurance policy establishing the applicant's clear title to the property.
(2) 
The items required above shall be submitted to the Borough Engineer and Solicitor for their review and recommendations.
(3) 
Borough Council may accept dedication of the streets or other improvements by passing an ordinance or resolution to that effect.
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.