No project shall be considered completed until the following
public and private improvements, as required by the approved plan,
have been installed:
A.
Public or private street improvements including paving, curbs, sidewalks,
sanitary sewer and appurtenances, stormwater system, water mains and
appurtenances, inlets, manholes, street trees/landscaping, street
lighting, lane markings, street name and regulatory signage, bridges,
culverts, guard/guiderails, grading, seeding, erosion and sedimentation
control facilities, monuments and markers, and associated improvements.
B.
Public or private improvements/amenities depicted on the final plan
and/or agreed to by the applicant, including but not limited to such
items as on- or off-site vehicular and pedestrian-related improvements
and facilities, site lighting, monuments and markers, recreational
facilities and easements, bicycle or hiking trails, guiderails or
other safety improvements, trees and other landscaping, stormwater
control facilities, and relocation of public or private improvements.
C.
Public or private improvements/amenities, either on- or off-site,
which are required by other codes or ordinances or which are required
as a condition of project approval by other boards or commissions,
and so noted on the plan.
D.
If requested by the developer or the developer's financial institution,
in order to facilitate project financing, the Planning Bureau shall
furnish the developer or the financial institution a letter stating
that the plan may be recorded contingent upon the party posting the
required financial guarantee. The final plan or plat shall not be
recorded until the improvement guarantee has been executed. The letter
indicating Planning Commission approval or conditional approval subject
to the posting of a financial guarantee shall expire 90 days following
mailing, hand delivery or emailing to the party requesting the letter
unless a written extension is granted by the Planning Commission.
All improvements required by this chapter shall be designed
and constructed in conformance with this chapter and the ordinances
for the City of Lancaster, and the technical standards set forth in
the Construction Specifications and Guidelines Manual of the City
of Lancaster, which standards and guidelines are incorporated herein
by reference as if fully set forth, unless the appropriate City official
with authority to review the proposed construction designates an alternative
method or standard. Except as specifically provided for in this chapter,
nothing contained in this chapter shall be construed to affect the
other ordinances of the City of Lancaster. The Construction Specifications
and Guidelines Manual of the City of Lancaster is on file in the office
of the City Engineer and the Planning Bureau, where copies are available
for public examination.
The City Engineer and designated inspection staff shall be responsible for inspection and approval of the required public improvements. The City Engineer and developer shall agree upon a notification procedure and a schedule of inspections to be made during construction and upon completion of all improvements. Should the City Engineer and developer fail to agree on a notification procedure and schedule of inspections, the City Engineer shall establish the schedule, which shall be binding. The developer shall reimburse the City for all administrative and inspection costs associated with the project based upon the fee schedule adopted by resolution of City Council and referenced in § 265-5.
The Planning Bureau, with the assistance of other City Bureaus,
shall be responsible for assuring that all private improvements have
been installed prior to the developer being released from any improvement
construction guaranty and/or issuance of a certificate of occupancy.
In lieu of the completion of any improvements required as a
condition for the final approval of a plan, including improvements
or fees required pursuant to Section 509(i) of the MPC, which addresses
development in stages over a period of years, the applicant shall
deposit, prior to plan recordation, financial security in an amount
sufficient to cover the costs of such improvements or common amenities,
including, but not limited to, roads, stormwater detention and/or
retention basins and other related drainage facilities, parking facilities,
recreational facilities, open space improvements, or landscaping or
screen plantings which may be required. The applicant shall not be
required to provide financial security for the costs of any improvements
for which financial security is required by and provided to the Pennsylvania
Department of Transportation in connection with the issuance of a
highway occupancy permit pursuant to Section 420 of the Act of June
1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law.[1]" Improvement construction guarantees shall contain item
descriptions of the improvements which the guarantee covers, including
any improvements or activities of a temporary nature, and shall be
subject to acceptance by the City. The applicant shall provide an
improvement construction guarantee prior to the Commission signing
the final plan.
A.
Form of financial security. The following are acceptable forms of
guaranties. All other forms of guaranties must be individually approved
by the Commission.
(1)
Surety performance bond. A bond from a surety bonding company authorized
to do business in the Commonwealth of Pennsylvania. Bonds shall be
payable to the City.
(2)
Escrow account. A deposit of cash, either with the City, or held
in escrow with a federal or commonwealth-chartered financial institution.
Any interest earned by moneys deposited with the City shall be retained
by the City to manage the account. In the case of an escrow account
with a financial institution, the applicant shall file, with the City,
an agreement between the financial institution and the applicant guaranteeing
the following:
(a)
That the funds of said escrow account shall be held in trust
until released by the City, and may not be used or pledged by the
applicant as security in any other matter during that period;
(b)
In the case of a failure on the part of the applicant or developer
to complete said improvements, the institution shall immediately make
the funds in said account available to the City for use in the completion
of those improvements.
(3)
Letter of credit. An irrevocable commercial letter of credit provided
by the applicant from a federal or commonwealth-chartered financial
institution or other reputable institution. This letter shall be deposited
with the City and shall certify the following:
(a)
The amount of credit.
(b)
In case of failure on the part of the developer to complete
the required improvements within a time period specified in a written
agreement or the letter of credit, the City shall take action to have
the creditor pay to the City, immediately and without further action,
upon presentation of a sight draft drawn on the issuing lending institution
in an amount to which the City is entitled, or upon presentation of
the original letter of credit, such funds as are necessary to finance
the completion of those improvements, up to the limit of credit stated
in the letter.
(c)
The letter of credit is irrevocable and may not be withdrawn,
or reduced in amount, until release or partially released by the City.
(4)
Loss of security. Failure to maintain a current acceptable form of
financial security shall cause the City to suspend the issuance of
any permits or certificates of occupancy.
B.
Amount of guaranty.
(1)
The amount of financial security to be posted for the completion
of the required public and private improvements shall be equal to
110% of the anticipated construction and installation costs, which
may or may not include prevailing wage rates, which costs shall be
approved by the City. Costs shall be estimated as of 90 days following
the date scheduled for completion by the developer. The City may adjust
the amount of financial security annually 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 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the applicant or developer shall post additional security in order
to assure that the financial security equals said 110%. Any additional
security shall be posted by the applicant or developer in accordance
with this subsection.
(2)
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by an 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 City, upon
the recommendation of the City Engineer, may refuse to accept such
estimate for good cause shown. If the applicant or developer and the
City 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 municipality
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 applicant
or developer and the City.
(3)
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 each 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 estimating procedure.
C.
Protection of final phases. In the case where development is projected
over a period of years, the Commission may authorize submission of
final plans by section or stages of development, subject to such requirements
or guaranties 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.
D.
Record drawings. After final plan approval and upon completion of
all required improvements, the developer shall submit record drawings
showing the location, dimension and elevation of all improvements.
Such plans shall indicate that the required grading, drainage structures
and/or drainage systems and erosion and sediment control practices
have been installed in substantial conformance with the previously
approved final plan. The record drawings shall specify all deviations
from the previously approved drawings. One paper set of plans shall
be submitted to the City for review and approval. After approval is
granted, one copy of all plans shall be submitted to the City in mylar
form along with any deed of dedication for public property or easement.
If required by the Planning Bureau, revised mylars shall be recorded
by the developer so as to supersede the previously recorded final
plan in order to provide an accurate public record of the location
of required improvements; and evidence of such recording shall be
provided to the City.
E.
Partial release of funds. As the work of installing the required
improvements proceeds, the party posting the financial security may
request the City to release or authorize the release of, 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 the Planning Bureau. The City shall
have 45 days from receipt of such request to certify, in writing,
that such portion of the work has been completed in accordance with
the approved plan. Upon such certification, the City shall authorize
release by the bonding company or lending institution of an amount
fairly representing the value of the improvements completed. If the
City fails to act within said forty-five-day period, the request for
release of funds shall be deemed to have been approved. Prior to final
release at the time of completion and certification by the City Engineer,
the City may require retention of 10% of the estimated cost of the
aforesaid improvements.
F.
Release from improvement bond guaranty.
(1)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Planning Bureau, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the City Engineer. The
Planning Bureau shall, within 10 days after receipt of such notice,
direct and authorize the City Engineer and designated inspection staff
to inspect the improvements. Within 30 days of authorizing the City
Engineer to inspect the improvements, the Planning Bureau shall mail
a report to the developer by certified or registered mail. The report
shall either indicate acceptance of the work or shall identify improvements
which are not approved and shall describe what corrective actions
the developer must undertake. If all required improvements are accepted,
the full amount of the financial guarantee including any retainage
shall be returned to the developer.
(2)
Should there be any question on the performance of an improvement, the full amount of the guarantee posted in the form or a bond or letter of credit may be released and replaced by a cash guarantee in an amount determined by the Planning Bureau to be sufficient to cover replacement costs of any questionable improvements. The developer and City may agree to retain a fixed amount as a guarantee for 12 months to assure that improvements perform as expected. In the case of improvements dedicated to the City, § 265-57, Maintenance guaranty, shall apply.
(3)
If the Planning Bureau fails to comply with the time limitation provisions
contained herein, all improvements will be deemed to have been approved
and the applicant or developer shall be released from all liability,
pursuant to the performance guaranty bond or other security agreement.
(4)
If any portion of the said improvements shall not be approved or
shall be rejected, the developer shall proceed to complete the same
and, upon completion, the same procedure of notification, as outlined
herein, shall be followed.
(5)
Nothing herein, however, shall be construed in limitation of the
applicant's or developer's right to contest or question, by legal
proceedings or otherwise, any determination.
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
A.
Inspections required.
(1)
The Planning Bureau and the City Engineer shall require inspections of the plans for correctness, and inspections of the construction of the improvements. The City may elect to perform inspections of the construction for any improvement that is identified on the Engineer's cost estimate for items outlined in § 265-50, in which case the financial guaranty will be deposited in the City's name, by notifying the Planning Bureau for each project that inspection responsibility will be assumed. The applicant shall agree to pay the cost of inspections, as referenced in § 265-5D.
(2)
The developer shall provide at least a forty-eight-hour written notice
to the City Engineer prior to the start of construction of any required
improvements that are subject to inspection.
B.
Reimbursement for City inspections disputes. An applicant or developer
who disputes the amount of inspection costs charged to the project
by the City may seek relief by following the procedure prescribed
under Section 510 of the Pennsylvania Municipalities Planning Code,
Act 247, as amended.
All improvements shall be deemed to be private improvements
and only for the benefit of the specific project until such time as
the same have been offered for dedication and formally accepted by
City Council or an authority by ordinance, resolution, deed or other
formal document. No responsibility of any kind with respect to improvements
shown on the final plan shall be assumed or transferred until the
improvements have been formally accepted. No improvement shall be
accepted for dedication except upon submission of record drawings
by the developer and acceptance based on inspection of the final construction.
When the City Council and/or an authority accepts dedication
of all or some of the required improvements following completion,
the governing body 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 period 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 article 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.
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 City is hereby granted the power to enforce
any corporate bond or other security by appropriate legal and/or 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 City 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 municipal
purpose.
