[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.