[Amended 5-27-1986 by Ord. No. 375, approved 5-27-1986]
A. No plan shall be finally approved unless the street shown on such
plan has been improved as required by this chapter and any walkways,
curbs, gutters, streetlights, fire hydrants, shade trees and other
landscaping, water mains, sanitary sewers, storm drains and other
improvements, as shall be required by this chapter, have been installed
in accordance with this chapter. In lieu of the completion of said
improvements, the subdivider or developer may provide for the deposit
with the Borough of financial security in an amount sufficient to
cover the costs of any improvements or common amenities, including
but not limited to roads, stormwater detention and/or retention basins
and other related drainage facilities, recreational facilities, open
space improvements or buffer or screen plantings which may be required.
Financial security may be supplied by irrevocable letters of credit
and restrictive or escrow accounts issued by federal or commonwealth
chartered lending institutions, a bonding company chartered to do
business within the commonwealth or such other form as may be approved
by the Borough. Such security shall provide for and secure to the
public the completion of any improvements which may be required within
one year of the date of the start of construction. The amount of the
financial security shall be equal to 110% of the cost of the required
improvements for which financial security is to be posted. The cost
of the improvement shall be established by submission to the Council
members of bona fide bids from contractors chosen by the subdivider
or developer to complete the improvements, or in the absence of such
bona fide bids, the cost shall be established by estimate prepared
by the Borough Engineer. If the subdivider or developer requires more
than one year to complete the required improvements, the amount of
financial security may be increased by an additional 10% for each
one-year period in excess of the original one-year period. A bona
fide bid shall be deemed to mean a bid obtained by the applicant from
competent and qualified contractors or subcontractors, which bid would
obligate said contractor or subcontractor to perform the work for
the prices set forth therein.
[Amended 8-8-1995 by Ord. No. 95-434, approved 8-8-1995]
B. The subdivider or developer shall carry out the construction and
installation of street improvements to include grading the full width
of the right-of-way to the specified cross section, including the
side slopes, sanitary sewers, storm drains, water and gas mains, curbs,
sidewalks, fire hydrants, streetlights, street name signs, shade trees,
paving the cartway in strict accordance with the approved improvement
construction plans with strict adherence to the standards and specifications
of the Borough and the erection of approved barricades when streets
terminate temporarily at property boundary lines.
C. Forty-eight hours prior to the commencement of any operation in the
construction or installation of streets, curbs, sidewalks, drainage
of streets, curbs, sidewalks, drainage facilities, water and sewer
facilities, street signs, monuments and capped sewers, the owner shall
notify the Borough Engineer who shall inspect the work, materials,
construction and installations as to the Borough requirements. No
work requiring a permit from the Pennsylvania Department of Transportation
shall be started until such permit has been received by the Borough.
D. The Borough Engineer shall be authorized to have such tests of materials
made as he deems proper in order to have proper control of materials.
The owner shall pay to the Borough the cost of such tests, plus 3%
to reimburse the Borough for the collection of such fees and disbursements
of the same to the Borough Engineer.
E. All required improvements shall be completed within one year from
the date of final plan approval except as otherwise provided for pursuant
to the terms of the Municipalities Planning Code. The date of commencement
of construction shall be determined to be the date upon which a building
permit has been granted. In no event shall a building permit be granted
after the expiration of one year from the date of final approval under
this chapter, without a resubmission by the subdivider or developer
to the Borough Engineer for a determination of any increase in the
estimated cost of completion of required improvements.
All sewers (capped and operative), water, gas, electric, telephone
and other pipes and conduits and all service connections or laterals
shall be laid to the full width of the ultimate right-of-way, where
the need therefor can be reasonably anticipated, before streets are
paved. The arrangements for said service connections or laterals shall
be the responsibility of the subdivider, developer or builder.
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. The Solicitor shall render final judgment in any instances where a dispute arises as to the direct causal relationship for the improvement(s). The subdivider or developer may be required to cover costs which must be incurred by the Borough or other governmental jurisdiction in order to make these improvements feasible (for example, but not limited to, right-of-way acquisition). The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those herein prescribed in §
102-38.