[Ord. No. 1540, 6-26-2023]
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 the Town Council or ensure the completion of all required public improvements in the manner set forth in this part.
[Ord. No. 1540, 6-26-2023]
(a) 
The applicant shall comply with the public improvement construction requirements in the following ways:
(1) 
Complete all improvements required by the Town Council for final plan approval, in compliance with the requirements of this part, and certify to that effect; or
(2) 
Provide proper financial security in a manner acceptable to the Town to ensure the completion of all improvements, as required by this article, in compliance with the MPC.
(b) 
The work completed or guaranteed shall be in strict accordance with the conditionally approved plans and the requirements of this part.
(c) 
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.
(d) 
The applicant shall also guarantee that no lot will be sold or building constructed in any floodplain area except in compliance with Article 912 (Floodplain Construction and Development Requirements) and Part 13 (Zoning) of the Town Municipal Code.
[Ord. No. 1540, 6-26-2023]
(a) 
In lieu of the completion of improvements required for final plan approval, financial security in an amount and form acceptable to the Town Attorney shall be guaranteed to the Town in compliance with the applicable requirements of the Pennsylvania Municipalities Planning Code. 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) 
The amount of such security to be posted for the completion of 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, the Town may adjust the amount of the required financial security by comparing the actual cost of improvements that have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after the originally scheduled date for completion or a rescheduled completion date.
(c) 
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 or developer and prepared by a professional engineer and certified to be fair and reasonable. The Town Council, under the recommendation of the Town Engineer, may accept the contractor's bid of the estimation of costs at its discretion. The Town Council may refuse to accept the estimate for good reasons provided to the applicant. If the applicant or developer and the Town are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer who is mutually chosen by the Town and the applicant. The estimate certified by the third-party engineer shall be presumed to be fair and reasonable and shall be the final estimate.
(d) 
When requested by the applicant to facilitate financing, the Town shall furnish the applicant with a signed letter indicating approval of the final plan contingent upon the applicant obtaining satisfactory financial security. Final plans will not be signed or recorded until the financial improvement 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 days unless a written extension is granted by the Town Council.
(e) 
The Town, at its option, may accept financial security in the form of cash escrow, irrevocable letter of credit, escrow account, or surety bond provided by the developer, with a bonding company or chartered lending institution chosen by the party posting financial security, provided that said institution or company is authorized to conduct such business in the Commonwealth of Pennsylvania.
[Ord. No. 1540, 6-26-2023]
(a) 
General. The Town Council may release all or parts of the posted financial security as completion of improvements proceeds, in compliance with the applicable requirements of the MPC.
(b) 
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 Town 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 by certified or registered mail, addressed to the Town. Upon receipt of the request for release of a portion of the improvement security, the municipality shall, within 45 days, allow the Town Engineer to certify, in writing, that such portion of the public improvements has been completed in accordance with the approved plan at which time the Town shall authorize the release to the applicant or his designee by the bond company or lending institution of an amount of funds that the Town Engineer feels fairly represents the value of the work completed. If the Town fails to act upon a request for release of security within 45 days, the Town shall be deemed to have approved the full release of security as requested.
(c) 
Incomplete improvements. If the required improvements are not completely installed within the period fixed or extended by the Town Council, the 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 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 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 promise to complete improvements; and/or
(5) 
Exercise any other available rights under the MPC.
(d) 
Post-completion security. The applicant shall be responsible for maintenance of all improvements for a period of 18 months after final acceptance and certification of project completion. Posting of a maintenance bond may be required as described in § 1106.170.
(e) 
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 the plant leaves are in full maturity stage; typically, May 1 through November 1.
[Ord. No. 1540, 6-26-2023]
(a) 
Notice. The Town Engineer, the McCandless Town Sanitary Authority or West View Water Authority shall be notified 72 hours in advance of the commencement of any construction or installation operation to schedule an inspection. Construction and installation operations shall also be subject to inspection by the Town 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 the Town Council.
(b) 
Improvement: Town's standards and specifications. All required road improvements should be constructed in accordance with the applicable provisions of PennDOT Form 408, including the latest revisions and other applicable regulations. All other required improvements shall be constructed in accordance with approved specifications found in this part. If the appropriate standards are not provided in this part, the following procedures shall be used:
(1) 
Specifications. The specifications will be furnished to the applicant by the Town Engineer.
(2) 
Sample of materials. During or after construction of any required improvement, if the Town requires a sample of materials, said sample shall be furnished by the appropriate contractor in a form specified by the Town 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 Town right-of-way or easement or in areas proposed for future dedication to the Town shall be supplied to the Town.
[Ord. No. 1540, 6-26-2023]
(a) 
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be requested by the Town Council where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the developer's subdivision and/or development of the site. All such improvements or contributions for future off-site improvements shall be considered voluntary and will not be refunded to the developer.
(b) 
The developer may also be requested to cover certain costs which shall be incurred by the Town or other governmental jurisdiction to make these improvements feasible. The legal and financial arrangements to cover the costs of the off-site improvements shall be the same as those prescribed in § 1106.110, Completion or guarantee of improvements.
[Ord. No. 1540, 6-26-2023]
The requirements and specifications of Article 909, Street Acceptance and Dedication, shall be followed to dedicate a street and related improvements or a portion thereof to the Town of McCandless.
[Ord. No. 1540, 6-26-2023]
(a) 
When the Town Council accepts dedication of required improvements following their completion or certifies project completion, the Town 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.
(b) 
Said financial security shall be of the same type as otherwise required by § 1106.110, Completion or guarantee of improvements.
(c) 
The amount of financial security shall be 15% of the actual cost of installation of the improvements.
(d) 
The term of the guarantee shall be 18 months from the date of acceptance of dedication or certification of project completion.
[Ord. No. 1540, 6-26-2023]
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, the Town 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.
[Ord. No. 1540, 6-26-2023]
Before the Town 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 developer's agreement with the Town in the manner and form set forth by the Town Attorney, 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, streetlights, stormwater facilities, water and sewer facilities, street signs, monuments, capped sewers, parks, landscaping, parking lots, lighting, line painting, and other improvements shown on the final plan when required to do so by the Town Council in accordance with the standards and specifications of the Town.
(b) 
To maintain at the owners' expense all streets, curbs, sidewalks, stormwater facilities, water and sewer facilities, street signs, parks, monuments, fire hydrants, streetlights, capped sewers, line painting, landscaping, and other improvements, until the same are accepted or condemned by the Town 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 the Town 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 Town or Town 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 Town by ordinance, and to indemnify and hold harmless the Town 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 Town in the manner hereinabove set forth.
(d) 
Pay the inspection fees required by the Town.
(e) 
To obtain, at their own cost, the easements and releases required when any street, drainage facility, or other improvement abuts or traverses land of persons other than the person holding legal title to the lands of the subdivision.
(f) 
To 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 Town as well.
(g) 
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.
(h) 
To promptly reimburse to the Town reasonable Town Attorney's, and Town Engineers' fees.
(i) 
To provide in a timely manner all construction shop drawings, and plans, including a full set of as-built plans in paper and in appropriate electronic format as specified by the Town Engineer.
(j) 
Such other provision(s) as deemed necessary or desired by the Town Council.
[Ord. No. 1540, 6-26-2023]
(a) 
The subdivider or developer shall furnish the Town with as-built plans to include the following, prepared by a registered engineer or surveyor, for sanitary sewer systems, storm sewer systems, utility systems and street construction within the subdivision or land development prior to release of performance escrow.
(1) 
Location of the road within the right-of-way (for single-family subdivision plans).
(2) 
Storm sewer systems, including inlets with top and invert elevations, size and type of pipe, and wye locations.
(3) 
Sanitary sewer systems, including manholes and size and type of pipe.
(4) 
Water lines and fire hydrants.
(5) 
Gas, electric and communication lines.
(6) 
Stop signs and other traffic control devices.
(7) 
For site plans, in addition to the above, to include buildings, parking spaces, paving, lighting and other appurtenances.
(b) 
As a part of the project closeout and dedication of public improvements the developer shall provide closed circuit televising of the entire storm sewer system constructed as a part of the project. Work shall be completed in accordance with NASCO standards and reports, and videos shall be furnished to the Township Engineer for review. Any Level 4 or 5 defects shall be repaired by the contractor before the roads and portions storm sewer system are accepted by the Township.