[Ord. 7-2005, 7/13/2005]
1.
Required improvements shall be completed under specifications of
the Pennsylvania Department of Transportation, the Pennsylvania Department
of Environmental Protection, the Montgomery County Conservation District
and other appropriate agencies and the specifications included herein.
In the event of conflict, the specifications established by the agency
having jurisdiction over such improvement construction shall take
precedent.
2.
The subdivider, developer or builder shall, where specified by the
Borough Council, construct and install with no expense to the Borough
the streets, curbs, sidewalks, water mains, sanitary and storm sewers,
streetlights, fire hydrants, street signs, shade trees, monuments
and other facilities and utilities specified in this Chapter.
3.
The applicant shall agree in writing to construct streets and other
improvements required by this Chapter from the lot or lots to be sold
or built upon to an existing improved street. The work shall be performed
in strict accordance with approved plans and the Borough standards
and specifications, or the applicable provisions of Pennsylvania Department
of Transportation Publication 408, latest edition, or any subsequent
number or section thereof. No plan shall be finally approved until
the developer has completed all of the necessary and appropriate improvements
as required as a condition for final approval of a plan; or until
such time as the applicant has provided a proper guarantee in the
form of a performance bond or bonds in an amount equal to 125% of
the estimated improvement costs as determined by the Borough Engineer
with surety satisfactory to the Borough Solicitor. In lieu of a performance
bond, Borough Council may accept other security guaranteeing performance
by the applicant.
4.
Any performance bond shall assure the complete installation of the
required improvements within a period not longer than three years,
and the proceeds of such bond shall be made payable directly to the
Borough for installation of the required improvements. The Borough
Council with the consent of all parties to the bond may extend such
period upon written application of the subdivider or developer prior
to the expiration of such period or upon its own motion at any time
prior to a declaration of a default in the bond.
[Ord. 7-2005, 7/13/2005]
1.
The bond shall be released only upon complete installation of the
required improvements in accordance with the approved improvement
construction plan. Strict compliance with procedures established by
the Pennsylvania Municipalities Planning Code shall be followed with
respect to the release of performance bond or other security. If the
Borough Council fails to comply with the required time limitation
all improvements will be deemed to have been approved and the developer
shall be released from all liability pursuant to the performance bond.
2.
If the required improvements are not completely installed within
the period fixed or extended by the Council, the Council shall declare
the performance bond in default and authorize the Borough Secretary
to collect the amount payable thereunder. Upon receipt of such amount,
the Borough shall install such improvements as were covered by the
bond and are commensurate with the extent of building development
which has taken place in the subdivision or land development, not
exceeding in cost, however, the amount collected upon the bond.
[Ord. 7-2005, 7/13/2005]
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.
[Ord. 7-2005, 7/13/2005]
1.
Notice. The Borough Engineer shall be notified 48 hours in advance
of the commencement of any construction or installation operation,
in order that provision may be made for inspection by the Borough.
Construction and installation operations shall be subject to inspection
by the Borough Engineer or other Borough officials during the progress
of the work and the subdivider, developer or builder shall pay for
all inspections.
2.
Samples of Materials. Samples of the materials shall be furnished
to the Borough Engineer in the same manner as is required of contractors
under the highway and sanitary drainage specifications.
3.
Delivery Slips. Copies of all delivery slips for materials used in
the construction of any storm sewers, sanitary sewers, roads, curbs,
sidewalks or any other facility within a Borough right-of-way or easement
shall be supplied to the Borough.
[Ord. 7-2005, 7/13/2005]
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.
