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 Borough Council all required public improvements in manner set forth in this article.
No final plan shall be approved until the applicant has either completed all of the improvements required by the Borough Council for final plan approval, in compliance with the requirements of this chapter; or provided a proper financial security for those improvements, as required by this article, in compliance with the Pennsylvania Municipalities Planning Code,[1] to cover the estimated costs for completion of those improvements.
A. 
The work completed or guaranteed shall be in strict accordance with the approved plans and the requirements of this chapter.
B. 
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.
C. 
The applicant shall also guarantee that no lot will be sold or building constructed in any floodplain area except in compliance with the floodplain management requirements of this chapter, Chapter 176, Zoning, and the Schwenksville Borough Building Code.[2]
[2]
Editor's Note: See Ch. 71, Construction Codes.
D. 
Deferral or waiver of required improvements. The Borough Council may defer or waive 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 inexistence of connecting facilities. A separate public improvement agreement may be executed by the Borough Council guaranteeing completion of any deferred improvement.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
In lieu of the completion of improvements required for final plan approval, financial security in an amount required shall be guaranteed to the Borough of Schwenksville in compliance with the applicable requirements of the Pennsylvania Municipalities Planning Code.[1] Such financial security shall assure the complete installation of all the required improvements to be completed on or before the date fixed in the plan approval, subdivision agreement and/or development agreement for completion of such improvements.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 Borough of Schwenksville may adjust the amount of the required financial security by comparing the actual cost of improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninetieth day after the original scheduled date for completion or a rescheduled completion date.
C. 
In determining the cost of the completion of improvements for setting the amount of financial security required in 147-49B, such cost 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 Borough of Schwenksville, under recommendation of the Borough Engineer, may refuse to accept the estimate for good reasons provided to the applicant. If the applicant or developer and the Borough of Schwenksville are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer which is mutually chosen by the Borough of Schwenksville and the applicant. The estimate certified by the third engineer shall be presumed to be fair and reasonable and shall be the final estimate.
D. 
When requested by the applicant in order to facilitate financing, the 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 the contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, until a written extension is granted by the Borough Council.
E. 
The Borough of Schwenksville, at its option, may accept financial security in cash in the form of an irrevocable letter of credit, escrow account or survey bond with a bonding company or commonwealth or federal 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.
F. 
Type of security.
(1) 
Without limitations as to the type of financial security which the Borough may approve, which approval shall not be unreasonably withheld, irrevocable letters of credit from a federal- or commonwealth- chartered lending institution and/or restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.
(2) 
Such financial security shall be posted with a bonding company or federal- or commonwealth- chartered lending institution chosen by the applicant posting the financial security, provided said bonding company or lending institution is authorized to conduct business within the commonwealth.
The Borough of Schwenksville 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]
A. 
Partial release. As the work of installation of the required public improvements proceeds, the party posting the financial security may request Schwenksville 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 in writing addressed to Schwenksville Borough. Upon receipt of the request for release of a portion of the improvement security, Schwenksville Borough shall within 45 days allow the Schwenksville Borough Engineer to certify, in writing, that such portion of the public improvements has been completed in accordance with the approved plan at which time Schwenksville Borough shall authorize the release to the applicant or his designee by the bond company or lending institution of an amount of funds that the Schwenksville Borough Engineer feels fairly represents the value of the work completed. If Schwenksville Borough fails to act upon a request for release of security within 45 days, Schwenksville Borough shall be deemed to have approved the full release of security as requested.
B. 
Incomplete improvements. If the required improvements are not completely installed within the period fixed or extended by the Borough Council, the Council may 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; suspend final plan approval until the development improvements are completed and record a document to that effect for the purpose of public notice; obtain funds under the security and complete improvements; 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 exercise any other available rights under the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Postcompletion security. The applicant shall be responsible for maintenance of all improvements until they are offered for dedication and accepted by the Borough. Ten percent of the financial security may be held back until a maintenance guarantee has been posted by the applicant, as required in § 147-49.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Notice. The Borough Engineer shall be notified 48 hours in advance of the commencement of any construction or installation operation, in order that provision may be made for inspection by the Borough. Construction and installation operations shall also be subject to inspection by the Borough officials during the progress of the work. The subdivider, developer or builder shall pay the reasonable and necessary expenses for inspections, in accordance with the fee schedule established by resolution of the Borough of Schwenksville.
B. 
Improvement specifications. All required road improvements shall be constructed in accordance with the applicable provisions of the Pennsylvania Department of Transportation, Form 408, current edition, including the latest revisions and other applicable regulations. All other required improvements shall be constructed in accordance with approved specifications found in the Schwenksville Borough Engineering Standards.
(1) 
Specifications. The specifications will be furnished to the applicant by the Borough of Schwenksville. If any of the specifications are unavailable at the Borough office, the Borough Engineer shall provide the applicable specifications.
(2) 
Sample of materials. During or after construction of any required improvement, if the Borough requires a sample of materials, said sample shall be furnished by the appropriate contractor, in a form specified by the Borough Engineer.
C. 
Delivery slips. Copies of all delivery slips from 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 shall be supplied to the Borough of Schwenksville.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the 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. The developer may also be requested to cover certain costs which must be incurred by the Borough of Schwenksville or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in § 147-49.
A. 
Conditions. The Borough shall have no obligation to accept dedication of any street or other improvement unless:
(1) 
The required improvements, utility mains and laterals, and monuments shown on the approved plan or plans have been constructed to meet all requirements, and are free of defects or deterioration.
(2) 
It is established to the satisfaction of the Borough Council that there is a need for the dedication of improvements.
B. 
Acceptance. The Borough shall have no responsibility with respect to any street or other improvement, not withstanding the use of the same by the public, unless the street or other improvement is accepted by an ordinance (or resolution) adopted by the Borough Council.
C. 
Offer of dedication.
(1) 
The applicant shall submit a written offer of dedication to the Borough for the streets or other improvements, including the following:
(a) 
A deed of dedication covering the improvements.
(b) 
A copy of a title insurance policy establishing the applicant's clear title to the property.
(2) 
The items required in Subsection C(1) 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 a resolution to that effect.
When the Borough Council accepts dedication of required improvements following their completion, the Council shall 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 § 147-49 herein.
B. 
The amount of financial security shall be 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.
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 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 the Borough Council shall cause its approval to be endorsed upon the final plans of any subdivision or land development (except in the case of minor subdivisions wherein the Borough Council imposes no condition or conditions for the approval of the plan), and as a requirement for the approval thereof, the owners shall enter into a written agreement with the Borough of Schwenksville 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, at the owners' expense, all streets, curbs, sidewalks, fire hydrants, streetlights, drainage facilities, water and sewer facilities, street signs, monuments, capped sewers, parks, and other improvements shown on said final plan when required to do so by the Borough Council in accordance with the standards and specifications of the Borough of Schwenksville.
B. 
To maintain at the owners' cost and expense said streets, curbs, sidewalks, drainage facilities, water and sewer facilities, street signs, parks, monuments, fire hydrants, streetlights, capped sewers, and other improvements, until the same are accepted or condemned by the Borough of Schwenksville for public use, and for a period of 18 months from when such repair or reconstruction shall be specified by the Borough Council as necessary by reason of faulty construction, workmanship, or materials, and at or before acceptance of such improvements by the Borough of Schwenksville.
C. 
To install, or cause to be installed, at the owners' expense and without any cost to the Borough of Schwenksville for any part of such installation, streetlighting facilities on all streets in or abutting the subdivision.
D. 
To pay all costs, charges or rates, of the utility furnishing electric service for the relighting 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 of Schwenksville by resolution approved by the Court of Quarter Sessions or condemnation proceedings, and to indemnify and save harmless the Borough of Schwenksville from and against all suits, 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 of Schwenksville in the manner hereinabove set forth.
E. 
Pay the inspection fees required by the Borough of Schwenksville.
F. 
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 form 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 of Schwenksville 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 Borough of Schwenksville reasonable attorneys' and engineers' fees.
I. 
Such other provision(s) as deemed necessary or desired by the Borough Council.