Article VI Required Improvements and General Standards

Grading of roadways and street rights-of-way and grading of slopes adjacent to roadways and street rights-of-way.

Grading of all drainage swales on public or private property and grading of individual lots, to establish positive drainage away from buildings and eliminate low spots.

Implementation and maintenance of soil erosion control and sedimentation control facilities.

Replacement of topsoil and vegetative restoration in disturbed areas not stabilized with building, paving or other nonvegetative ground cover.

Removal of temporary soil erosion and sedimentation control facilities when they are no longer required.

Street or road subbase, base and paving.

Curbs, gutters and driveway aprons.

Sidewalks, crosswalks, pathways and bike paths.

Underground facilities for electric, telephone and television cable lines.

Storm sewers, drainage facilities and easements.

Public sanitary sewer system.

Public or centralized water supply and distribution system, including but not limited to wells, pumping equipment, water laterals, submains, storage tanks and equipment systems (if required).

Street name signs at all street intersections and official traffic control signs and markings.

Permanent monuments and lot pins.

Fire hydrants.

Street trees and landscaping.

Open space improvements and/or recreational facilities and buffer or screen plantings.

Streetlights.

§ 290-51 Construction of facilities.

The developer shall construct and install, at no expense to the Borough, the improvements specified in this chapter. Construction and installation of such facilities and utilities shall be subject to inspection by appropriate Borough, public agency or public utility officials during the progress of the work and shall be in conformance with the Improvements Construction Standards contained in Appendix A.[1]

[1]

Editor's Note: Appendix A is included at the end of this chapter.

During the construction and installation of all facilities and utilities required by this chapter, the developer shall ensure that access to the job site from a public road shall be kept clear and free of all obstructions and otherwise in a passable condition to all areas of the job site for emergency, fire, and police vehicles. In the event of a dispute, passable access for the foregoing purposes shall be determined by the Borough Engineer.

§ 290-52 General standards.

The following principles of subdivision and land development, general requirements and the minimum standards of design, shall be observed by the developer in all instances.

It is the developer's responsibility to comply with all applicable plans, ordinances, statutes, regulations, etc., of Silverdale Borough, Bucks County, the Commonwealth of Pennsylvania, and the federal government.

Proposed subdivisions and land development shall be coordinated with existing nearby development so that the area as a whole may develop harmoniously. Provision shall be made to assure that the street patterns included in a proposed subdivision shall complement existing or proposed streets shown on the current Official Borough Street and Road Map and on nearby approved developments.

Standards incorporated in this chapter. In those cases where precise design standards are not specified in this chapter or other ordinance adopted by Silverdale Borough, design standards of the following organizations shall govern where applicable:

Roads and streets: Pennsylvania Department of Transportation, American Association of State Highway and Transportation Officials, Institute of Transportation Engineers, Transportation Research Board, U.S. Department of Transportation, Federal Highway Administration, and Silverdale Borough.

Sanitary sewers: Pennsylvania Department of Environmental Protection, Bucks County Department of Health, and servicing municipal authority.

Water: Pennsylvania Department of Environmental Protection, Bucks County Department of Health, Delaware River Basin Commission, and servicing municipal authority.

Soil and erosion control: Bucks County Soil Conservation District and Department of Environmental Protection, U.S. Department of Agriculture Soil Conservation Service, and Silverdale Borough.

§ 290-54 Guaranties to complete improvements and financial security.

General engineering: American Society of Civil Engineers, Army Corps of Engineers, Federal Emergency Management Association, and Silverdale Borough Engineer.

§ 290-53 Completion of improvements.

No plat shall be finally approved unless the streets shown on such plat have been improved as required by this chapter and any walkways, curbs, gutters, streetlights, fire hydrants, 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 required pursuant to Section 509(i) of the Municipalities Planning Code,[1] this chapter shall provide for the deposit with the Municipality of 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, recreational facilities, open space improvements, or buffer or screen plantings which may be required.

[1]

Editor's Note: See 53 P.S. § 10509(i).

When requested by the developer, the governing body shall furnish the developer with a signed copy of a resolution or letter of contingent approval indicating approval of the final plat contingent upon the developer obtaining satisfactory financial security, which must be presented to the Borough within 90 days. 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 governing body.

Without limitation as to the 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. 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 that said bonding company or lending institution is authorized to conduct such business within the commonwealth. Such security shall provide for, and secure to the public, the completion of any improvements fixed in the formal action or accompanying agreement for completion of such improvements.

Amount of financial security. The amount of financial security shall be equal to 110% of the estimated cost of the required improvements for which financial security is to be posted. The cost of the required improvements shall be estimated as of 90 days following the date scheduled for the completion of said improvements. Annually, the Municipality 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 90th day after either the original date scheduled for completion or rescheduled date of completion. Subsequent to such said adjustment, the Municipality may require the developer to post additional security in order to assure that the financial security equals 110%.

Basis for establishing amount of security.

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 Municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Municipality 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 Municipality and the applicant or developer.

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 or as established by the Borough Engineer. In the case where development is projected over a period of years, the Supervisors (or the planning agency) 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 subdivision or land development.

Dispute over amount of financial security. Whenever a dispute may arise between an applicant or developer and the Borough in that neither party can reach an accord or the amount of financial security to be posted, the procedures set forth in Section 509(g) of the Pennsylvania Municipalities Planning Code, as amend, shall be employed.[2]

[2]

Editor's Note: See 53 P.S. § 10509(g).

Contracts. As a condition of final plan approval for all subdivisions or land developments, the applicant or developer shall enter into a written agreement with the Borough, in a manner and form approved by the Borough Solicitor, where he/she shall agree:

To construct or cause to be constructed, at his/her own expense, all streets, curbs, sidewalks, fire hydrants, streetlights, drainage 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 final plans, as finally approved, and in strict accordance with the standards and specifications of the Borough.

To maintain, at his/her own cost, 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 18 months thereafter, and 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.

To install or cause to be installed, at his/her own expense and without any cost to the Borough for any part of such installation, streetlighting facilities on all streets within and abutting the subdivision or land development if proposed to be dedicated to the Borough, as required by this section.

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 lands so abutted or traversed full releases from all damages which may change the 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.

To promptly reimburse to the Borough reasonable attorneys' and engineers' fees in accordance with this chapter.

(6)

To construct or cause to be constructed, at his/her expense, road improvements along the frontage of the tract in accordance with this chapter.

(7)

Additional terms and conditions as may be determined to be necessary by the Borough Solicitor.

§ 290-55 Completion of improvements.

Partial completion and release of financial security.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough Supervisors 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 request shall be in writing, addressed to the Supervisors, and the Supervisors shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plans.

Upon such certification, the Supervisors 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 Supervisors fail to act within said forty-five-day period, the governing body shall be deemed to have approved the release of funds as requested.

The Supervisors shall, 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 for purposes of securing the maintenance bond on said improvements.

If the required financial security of 100% plus 10% is secured in separate accounts and the specified 10% remains secured for the life of the security agreement and the construction period or until dedication, then the 10% specified above shall not be retained from the requested partial release.

Completion of improvements and release from financial security.

When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough, 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 Supervisors 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 Supervisors 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 Supervisors. The 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.

The Borough Supervisors shall notify the developer, within 15 days of receipt of the Borough Engineer's report, in writing, by certified or registered mail, of the action of said Borough Supervisors within relation thereto.

If the Borough Supervisors or Borough Engineer fail 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 the performance guaranty bond or other security agreement.