Before approving any subdivision or land development plan that
involves installation of public improvements required by this chapter,
the City shall require a written and signed developer's agreement
that said improvements shall be installed by the applicant in a timely
manner in accordance with the standards and specifications of this
chapter. The agreement shall provide for inspection of said improvements
by the City Engineer sufficient to enable certification of installation
in compliance with this chapter.
The development agreement shall ensure that the required improvements
have been installed according to this chapter by either of two alternatives
prescribed below and in accordance with the PA Municipalities Planning
Code:
A. Completion of improvements prior to final approval. Prior to final
plan approval, the applicant shall complete all improvements required
in this chapter and as specified in the approved preliminary subdivision
or land development plan. Final plan approval shall not be granted
until the dedication of improvements has been accepted by the host
municipality and/or Potter County.
B. Guarantee of completion of improvements. In lieu of requiring the
completion of all improvements prior to final subdivision or land
development plan approval, the applicant shall enter into an agreement
with Potter County whereby the applicant shall guaranty, by deposit
with Potter County of financial security, the completion of all streets
and other improvements required by this chapter and as specified in
the proposed final plan in a manner satisfactory to the County Engineer
and the Potter County Planning Commission. The final plat or record
plan shall not be signed nor recorded until the written financial
improvements agreement is executed and financial security satisfactory
to Potter County has been posted.
(1) Financial security shall be of a type and in amounts prescribed by,
and meet requirements of, the PA Municipalities Planning Code.
(2) Procedures and requirements for administering financial security,
including release of financial security and remedies to effect completion
of improvements, shall be as prescribed by the PA Municipalities Planning
Code.
(3) If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the municipality, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
Where streets and other public improvements are proposed for
dedication to the City:
A. Formal notation shall be placed on the final plan to indicate the
public improvements being proposed for dedication to the City.
B. Upon completion of the inspection and approval of the public improvements,
the developer shall submit a request in writing to accept the dedication
of the public improvements. The request for acceptance shall include
deeds of dedication and all other legal descriptive documents. The
City Council may accept dedication of the approved public improvements
by legal action in accord with appropriate local government code.
C. Every street or other improvement shown on a subdivision or land
development plan shall be deemed to be a privately owned street or
improvement until such time as the same shall have been offered for
dedication to the City and accepted by appropriate legal action.
D. Following completion of the public improvements, the applicant shall
post financial security to secure the structural integrity of the
improvements and to guarantee the proper functioning of those improvements
in accordance with the design standards of this chapter. Financial
security shall be of a type prescribed by the PA Municipalities Planning
Code and shall be for a period of 18 months from the date of acceptance
of the improvements. The amount of the maintenance security shall
be 15% of the actual cost of installation of the improvements.
Where ownership and maintenance of improvements required by
this chapter and installed in accord with this article is to be the
private responsibility of individual lot owners, a homeowners'
association or similar entity, or an organization capable of carrying
out maintenance responsibilities, ownership and maintenance responsibilities
shall be set forth in agreements, perpetual covenants, or deed restrictions
binding on the landowners and their successors in interest.