The final responsibility for the installation
of the improvements required by this chapter rests with the applicant.
Upon installation of improvements in accordance with the specifications
of the approved plan and the Borough Engineer, the applicant must
take the final steps to dedicate the improvements and have them accepted
by the Borough.
A.
No plan shall be finally approved unless the streets
shown on such plan have been improved as may be required by this chapter
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm drains and other improvements
as may be required 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 plan, the developer shall deposit with
the Borough Council a corporate bond or other financial security in
an amount sufficient to cover the costs of any improvements which
may be required. Such financial security may include, among others,
a lending institution's irrevocable letter of credit or a restrictive
or escrow account in a lending institution. Such bond or other security
shall provide for, and secure to the public, the completion of any
improvements which may be required. The amount of financial security
or bond shall be equal to 110% of the cost of the completion estimated
as of 90 days following the date scheduled for completion by the developer.
The procedures for securing the appropriate securities or bonds and
related requirements shall be as outlined in Section 509 of the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
B.
If financial security has been provided in lieu of
the completion of improvements required as a condition for the final
approval of a plan as set forth in this section, the municipality
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 plan upon actual
completion of the improvements depicted upon the approved final plan.
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 plan, 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.
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 the 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 in this chapter to
the Borough Engineer, he shall be engaged as a consultant thereto.
G.
To cover inspection costs, the developer must pay
a fee to be established by the Borough Council. Any unused portion
of this fee will be refunded to the developer upon completion of the
inspections.
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 plan, the Borough Council is hereby
granted the power 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 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 purpose.
The offer to dedicate streets or other areas
or portions of them does not impose any duty upon the Borough concerning
maintenance or improvement until the proper authorities of the Borough
have made actual appropriation by ordinance or resolution or by entry
or improvement. If land is dedicated for a public site and its use
for this purpose is not imminent, the developer may be permitted to
dedicate the land with the privilege of using the surface rights until
the Borough is ready to use the land. Such dedication with the temporary
privilege of use must be noted on the final plan.
On sites reserved for eventual public acquisition,
no building development is permitted during the period of reservation,
said period of time not to extend more than 18 months, without consent
of the developer. Such land reservations shall be noted on the final
plan.
Recording the final plan after approval of the
Borough Council has the effect of an irrevocable offer to:
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 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 § 205-47 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. Defective improvements include any defect in material or workmanship that was latent in character and not discernible at the time of final inspection or acceptance by the Borough and/or any damage to improvements by reason of the settling of ground, base or foundation thereof. However, any damage to the street surface caused by tire chains, snow-removal equipment or utility cuts by others are not the responsibility of the developer.