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 subdivision wherein the 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 in the manner
and form set forth by the Borough Solicitor where they shall agree:
A. To construct, or cause to be constructed, at his own
expense, all streets, curbs, sidewalks, fire hydrants, street lights, drainage
facilities, street signs, monuments, capped sewers, parks, and other improvements
shown on said final plan when required to do so by Borough Council in accordance
with the final plans, as finally approved, and in strict accordance with the
Borough.
B. To maintain at his own cost the said streets, curbs,
sidewalks, drainage facilities, street signs, parks, monuments, fire hydrants,
streetlighting, capped sewers and other improvements, until the same are accepted
or condemned by the Borough for public use, and for a period of one year thereafter
to repair and reconstruct the same or any part of one of them 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.
C. To install, or cause to be installed, at his own expense
and without any cost to the Borough for any part of such installation, street
lighting facilities on all streets within and abutting the subdivision, if
proposed to be dedicated to the Borough, as required by this chapter.
D. 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 Borough
by resolution approved by the Court of Quarter Sessions or condemnation proceedings,
and to indemnify and save harmless the Borough from any and all suits, actions,
claims and demands for electric service to the streets shown on said plans,
or any part thereof, to the time that the said streets shall be accepted as
public streets of the Borough in the manner hereinabove set forth.
E. To pay the inspection fees required by §
390-66, of this chapter.
F. To obtain the easements and releases required when any
street, drainage facility or other improvement wherein a subdivision abuts
or traverses lands 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 from all damages which may
result from change in grade, construction, or otherwise, of the street, drainage
facility or other improvement, and such releases shall inure to the benefit
not only of the owner of the subdivision but to the Borough as well.
G. To promptly reimburse the Borough reasonable attorneys' and engineers' fees as specified in §
390-66, of this chapter.
[Amended 6-8-1993 by Ord. No. 863]
A. No plat shall be finally approved unless the streets
shown on such plat have been improved to a mud-free or otherwise permanently
passable condition, or improved as may be otherwise required by this chapter
and any walkways, curbs, gutters, street lights, fire hydrants, shade trees,
water mains, sanitary sewers, storm sewers and other improvements as may be
required by this chapter have been installed in accordance with this chapter.
In lieu of the completion of any improvements required as a condition for
the final approval of a plat, including improvements or fees otherwise required
by this chapter, the developer may deposit with the Borough financial security
in an amount sufficient to cover the costs of such improvements or common
amenities including basins and other related drainage facilities, recreational
facilities, open space improvements, or buffer or screen plantings which may
be required.
B. When requested by the developer, in order to facilitate
financing, the Borough Council, shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat contingent upon
the developer obtaining a satisfactory financial security. The final plat
or record plan shall not be signed nor recorded until the financial improvements
agreement is executed. The resolution or letter 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 Borough
Council; such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
C. Without limitation as to other types of financial security
which the Borough may approve, which approval shall not be unreasonably withheld,
federal or Commonwealth chartered lending institution irrevocable letters
of credit and restrictive or escrow accounts in such lending institutions
shall be deemed acceptable financial security for the purposes of this section.
D. Such financial security shall be posted with a bonding
company or federal or Commonwealth chartered lending institution chosen by
the party posting the financial security, provided said bonding company or
lending institution is authorized to conduct such business within the Commonwealth.
E. Such bond, or other security shall provide for, and secure
to the public, the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
F. The amount of financial security to be posted for the
completion of the 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 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
as of the expiration of the ninetieth-day after either the original date scheduled
for completion or a rescheduled date of completion. Subsequent to said adjustment,
the Borough may require the developer to post additional security in order
to assure that the financial security equals said 110%. Any additional security
shall be posted by the developer in accordance with this subsection.
G. The amount of financial security required shall be based
upon an estimate of the cost of completion of the required improvements, submitted
by the applicant or developer and prepared by a professional engineer licensed
as such in this Commonwealth and certified by such engineer to be a fair and
reasonable estimate of such cost. The Borough, upon the recommendation of
the Borough Engineer, may refuse to accept such estimate for good cause shown.
If the applicant or developer and the Borough 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 the Borough and the applicant or developer. 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 the Borough and the applicant or
developer.
H. If the party posting the financial security requires
more than one year from the date of posting of the financial security to complete
the required improvements, 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 bidding
procedure.
I. In the case where development is projected over a period
of years, the Borough Council may authorize submission of final plats by sections
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.
J. As the work of installing the required improvements proceeds,
the party posting the financial security may request the Borough Council to
release or authorize the release, from time to time, of 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 the
Borough Council, and the Borough Council shall have 45 days from receipt of
such request within which to allow the Borough engineer to certify, in writing,
to the Borough Council that such portion of the work upon the improvements
has been completed in accordance with the approved plat. Upon such certification
the Borough Council shall authorize release by the bonding company or lending
institution of an amount as estimated by the Borough Engineer fairly representing
the value of the improvements completed or, if the Borough Council fails to
act within said forty-five-day period, the Borough Council shall be deemed
to have approved the release of funds as requested. The Borough Council may,
prior to final release at the time of completion and certification by its
engineer, require retention of 10% of the estimated cost of the aforesaid
improvements.
K. Where the Borough Council accepts dedication of all or
some of the required improvements following completion, the Borough Council
may 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 plat 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.
L. 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 Borough, 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.
M. If financial security has been provided in lieu of the
completion of improvements required as a condition for the final approval
of a plat as set forth in this section, the Borough shall not condition the
issuance of building, grading or other permits relating to the erection or
placement of improvements, including buildings, upon the lots or land as depicted
upon the final plat upon actual completion of the improvements depicted upon
the approved final plat. Moreover, if said financial security has been provided,
occupancy permits for any building or buildings to be erected shall not be
withheld following the improvement of the streets providing access to and
from existing public roads to such building or buildings to a mud-free or
otherwise permanently passable condition, as well as the completion of all
other improvements as depicted upon the approved plat, either upon the lot
or lots or beyond the lot or lots in question if such improvements are necessary
for the reasonable use of or occupancy of the building or buildings.
[Amended 6-8-1993 by Ord. No. 863]
A. When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the 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. The Borough
Council shall, within 10 days after receipt of such notice, direct and authorize
the Borough Engineer to inspect all of the aforesaid improvements. The Borough
Engineer shall, thereupon, file a report in writing, with the Borough Council,
and shall promptly mail a copy of the same to the developer by certified or
registered mail. The report shall be made and mailed within 30 days after
receipt by the Borough Engineer of the aforesaid authorization from the Borough
Council; said report shall be detailed and shall indicate approval or rejection
of said improvements, 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. The Borough Council shall notify the developer, within
15 days of receipt of the engineer's report, in writing by certified or registered
mail of the action of said Borough Council with relation thereto.
C. If the Borough Council or the Borough Engineer fails
to comply with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released from
all liability, pursuant to its performance guaranty bond or other security
agreement.
D. If any portion of the said improvements shall not be
approved or shall be rejected by the Borough Council, the developer shall
proceed to complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
E. Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question by legal proceedings or otherwise,
any determination of the Borough Council or the Borough Engineer.
F. Where herein reference is made to the Borough Engineer,
he shall be as a consultant thereto.
G. The applicant or developer shall reimburse the Borough
for the reasonable and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Borough Council
and as from time to time amended. Such expense shall be reasonable and in
accordance with the ordinary and customary fees charged by the Borough Engineer
or consultant for work performed for similar services in the community, but
in no event shall the fees exceed the rate or cost charged by the engineer
or consultant to the Borough when fees are not reimbursed or otherwise imposed
on applicants.
(1) In the event the applicant disputes the amount of any
such expense in connection with the inspection of improvements, the applicant
shall, within 10 working days of the date of billing, notify the Borough that
such expenses are disputed as unreasonable or unnecessary, in which case the
Borough shall not delay or disapprove a subdivision or land development application
or any approval or permit related to development due to the applicant's request
over disputed engineer expenses.
(2) If, within 20 days from the date of billing, the Borough
and the applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Borough shall jointly, by mutual
agreement, appoint another professional engineer licensed as such in the Commonwealth
of Pennsylvania to review the said expenses and make a determination as to
the amount thereof which is reasonable and necessary.
(3) The professional engineer so appointed shall hear such
evidence and review such documentation as the professional engineer in his
or her sole opinion deems necessary and render a decision within 50 days of
the billing date. The applicant shall be required to pay the entire amount
determined in the decision immediately.
(4) In the event that the Borough and applicant cannot agree
upon the professional engineer to be appointed within 20 days of the billing
date, then, upon application of either party, the President Judge of the Court
of Common Pleas of the judicial district in which the Borough is located (or
if at the time there be no President Judge, then the senior active judge then
sitting) shall appoint such engineer, who, in that case, shall be neither
the Borough Engineer nor any professional engineer who has been retained by,
or performed services for, the Borough or the applicant within the preceding
five years.
(5) The fee of the appointed professional engineer for determining
the reasonable and necessary expenses shall be paid by the applicant if the
amount of payment required in the decision is equal to or greater than the
original bill. If the amount of payment required in the decision is less than
the original bill by $1,000 or more, the Borough shall pay the fee of the
professional engineer, but otherwise the Borough and the applicant shall each
pay 1/2 of the fee of the appointed professional engineer.
[Amended 6-8-1993 by Ord. No. 863]
In the event that any improvements which may be required have not been
installed as provided in this chapter or in accord with the approved final
plat the Borough Council is hereby granted the power to enforce any corporate
bond, or other security by appropriate legal and equitable remedies. If the
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 Council 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 developer, or both, shall be used solely for the installation
of the improvements covered by such security, and not for any other Borough
purpose.