A. 
No applicant shall be released from responsibility nor any certificate of completeness shall be issued until all streets shown on the approved plan have been improved to a mud-free or otherwise permanently passable condition and have been improved as required by the provisions of this chapter.
B. 
No applicant shall be released from responsibility nor any certificate of completeness shall be issued until all public improvements and common amenities, including all sidewalks, walkways, curbs, gutters, streetlights, parking lot lights, fire hydrants, street signs, shade trees, buffer plantings, water mains, sanitary sewers, storm sewers, basins, and stormwater management systems, shown on the approved plan have been installed in accordance with the provisions of this chapter.
C. 
To ensure the completion of any improvements required as a condition for the final approval of the plan, including improvements or fees required by the provisions of this chapter, the applicant shall deposit with the Borough financial security in an amount sufficient to cover the costs of the required improvements or common amenities.
D. 
The provisions of Section 509 of the Pennsylvania Municipalities Planning Code[1] shall apply wherever the provision of this article do not address a situation.
[1]
Editor's Note: See 53 P.A. § 10509.
A. 
When requested by the applicant, in order to facilitate financing, the Borough shall furnish the applicant with a signed copy of a resolution or record of decision indicating approval of the final plan contingent upon the applicant obtaining a satisfactory financial security. The record plan shall not be signed nor recorded until a financial improvements agreement or development agreement is executed. The resolution or record of decision 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 Borough; such extension shall not be unreasonably withheld and shall be made in writing at the request of the applicant.
B. 
In all cases where public improvements or common amenities are required to be installed, constructed or erected as a condition of approval of the final plan, the applicant shall enter into a written Development agreement with the Borough in the manner and form approved by the Borough Solicitor, wherein the applicant shall agree, to the extent applicable:
(1) 
To construct or cause to be constructed at his own expense all streets, street signs, curbs, sidewalks, street and buffer plantings, streetlights, fire hydrants, water mains, sanitary sewers (including capped sewers), storm sewers, drainage and erosion control improvements, and other improvements shown on the final subdivision or land development plan; all in strict accordance with the standards and specifications of the Borough and within the time specified in said agreement.
(2) 
To make adequate provisions with the Borough Engineer for the inspection of the construction of improvements to assure strict compliance with the Borough standards and specifications.
(3) 
To pay all costs, charges or rates of the Utility furnishing electric service for the streetlighting facilities installed by the applicant until such time as the streets shown on the subdivision and/or land development plan shall have been accepted or condemned by the Borough for public use.
(4) 
To indemnify and save harmless the Borough from and against all suits, actions, and claims for electric service as aforesaid, or any part thereof, to the time that said streets shall be accepted or condemned as public streets.
(5) 
To indemnify and save harmless the Borough from and against all suits, actions, and claims concerning streets, sidewalks, stormwater management and other public improvements and common amenities, or any part thereof, to the time that said improvements are accepted Borough Council.
(6) 
With the agreement of the applicant, to reimburse the Borough promptly for attorney's fees and costs to review the plans, to advise the Borough and to enforce the provisions of any development agreements.
(7) 
To reimburse the Borough promptly for the fees of the engineer and other professionals employed by the Borough to review and process plans, to advise the Borough and to inspect the property.
(8) 
To post contemporaneous with the execution of a development agreement, financial security to ensure compliance with the terms of the agreement in an amount of 110% of the cost of completion of the required improvements, as certified by the Borough Engineer. The financial security to be posted may be by:
(a) 
Bond, with corporate surety approved by the Borough Council;
(b) 
Irrevocable letter of credit with a federally or state chartered lending institution; or
(c) 
Restrictive or escrow accounts with FDIC insured financial institutions.
C. 
In all cases where public improvements or common amenities have been installed, constructed or erected as required by the final plan and where the public improvements or common amenities have not been installed, constructed or erected in accordance with the requirements of the final plan, the provisions of this chapter or the requirements of the Borough Engineer, the applicant shall enter into a written maintenance agreement with the Borough in the manner and form approved by the Borough Solicitor, wherein the applicant shall agree, to the extent applicable:
(1) 
To construct or cause to be constructed at his own expense all streets, street signs, curbs, sidewalks, street and buffer plantings, streetlights, fire hydrants, water mains, sanitary sewers (including capped sewers), storm sewers, drainage and erosion control improvements, and other improvements shown on the final subdivision or land development plan which have not been yet constructed; all in strict accordance with the standards and specifications of the Borough and within the time specified in said agreement.
(2) 
To make adequate provisions with the Borough Engineer for the inspection of the construction and maintenance of the required improvements to assure strict compliance with the Borough standards and specifications.
(3) 
With the agreement of the applicant, to reimburse the Borough promptly for reasonable attorney's fees and costs to implement and enforce the provisions of the plans and the maintenance agreement.
(4) 
To reimburse the Borough promptly for engineer's fees and fees for other professionals employed by the Borough to review construction and maintenance of the improvements set forth in the final plans and to inspect the property for compliance.
(5) 
To post contemporaneous with the execution of a maintenance agreement, financial security to ensure compliance with the terms of the maintenance agreement in an amount of 110% of the cost of completion of any required improvements not yet completed and accepted by the Borough and in an amount of 15% of the cost of all accepted and completed improvements, as certified by the Borough Engineer. The financial security to be posted may be by:
(a) 
Bond, with corporate surety approved by the Borough Council;
(b) 
Irrevocable letter of credit with a federally or state chartered lending institution; or
(c) 
Restrictive or escrow accounts with FDIC insured financial institutions.
(6) 
To maintain at his own cost the said streets, street signs, curbs, sidewalks, street and buffer plantings, streetlights, fire hydrants, water mains, sanitary sewers (including capped sewers), storm sewers, drainage and erosion control improvements, and other improvements and amenities for the period of 18 months after completion of all required improvements and approval of a certification of completeness by Borough Council. The proposed date of completion shall be established by certificate of the Borough Engineer. The applicant and the Borough, by mutual consent, may enter into a maintenance agreement for a greater period of time. Separate accounts for financial security may be required by Borough Council for specific required improvements.
(7) 
If improvements or amenities are not in a condition acceptable to the Borough, the term of the maintenance agreement shall automatically extend until such time that all improvements and amenities covered by the agreement have been completed to an acceptable condition by the applicant and accepted by Borough Council.
A. 
Pursuant to the provisions of § 390-901B and C, no subdivision plan shall be approved unless and until arrangements for the posting for financial security have been made by the applicant and accepted by Borough Council.
B. 
The financial security to be posted may be by:
(1) 
Bond, with corporate surety approved by the Borough Council;
(2) 
Irrevocable letter of credit with a federally or state chartered lending institution; or
(3) 
Restrictive or escrow accounts with FDIC insured financial institutions.
C. 
The amount of financial security to be posted for the completion of the required improvements and common amenities shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the applicant. Annually, Borough Council may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements and common amenities as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, Borough Council 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 section.
D. 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements and common amenities, submitted by the applicant, prepared by a licensed professional engineer, and certified by such engineer to be a fair and reasonable estimate of such cost. Borough Council, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. Separate accounts for financial security may be required by Borough Council for specific required improvements.
E. 
If the applicant and Borough Council are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by Borough Council and the applicant. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by Borough Council and the applicant.
F. 
If the applicant requires more than one year from the date of posting of the financial security to complete the required improvements and amenities, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or 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 using the above procedure.
G. 
In the case where development is projected over a period of years, Borough Council may authorize submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development. Separate accounts for financial security may be required by Borough Council for specific required improvements or development stages.
H. 
As the work of installing the required improvements and amenities proceeds, the applicant may request Borough Council to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to Borough Council. The Borough Engineer shall review the request. The Borough Engineer shall issue a report if he recommends denial of the request and shall issue a certification to Borough Council that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer. Borough Council may, prior to final release at the time of completion and certification by the Borough Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
I. 
Where the Borough accepts dedication of all or some of the required improvements following completion, Borough Council shall require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
J. 
If improvements 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 Borough, financial security to assure proper completion and maintenance thereof may be posted directly with the controlling public utility or municipal authority. At the request of the utility or authority, it may be included within the financial security required by this section.
A. 
When the applicant has completed all of the necessary and appropriate improvements and amenities, the applicant shall notify Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. Borough Council shall direct and authorize the Borough Engineer to inspect all of the aforesaid improvements and amenities. The Borough Engineer shall, thereupon, file a report, in writing, with Borough Council, and shall promptly mail a copy of the same to the applicant. The report shall be detailed and shall indicate approval or rejection of said improvements and amenities, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B. 
Borough Council, through the Borough Engineer, shall notify the applicant of the action of the Borough Engineer by send the applicant a copy of the report.
C. 
If any portion of the improvements and amenities shall not be approved or shall be rejected by Borough Council, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
D. 
The applicant shall reimburse the Borough for the fees and expenses incurred for the inspection of improvements and amenities.
In the event that any improvements or amenities which may be required have not been installed as required by this chapter or in accord with the approved final plan the Borough is authorized to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the applicant, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.