All improvements required in accordance with this chapter, including streets, grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, street trees, storm drainage facilities, sanitary sewers, landscaping and street and sidewalk furnishings, traffic control devices, open space, and erosion and sediment control measures, shall be constructed in conformance with the final plan as approved, the applicable specifications and regulations of the Pennsylvania Departments of Transportation and Environmental Protection, and any other applicable regulations.
A. 
The improvements required by this chapter are minimum requirements. The Borough of Malvern reserves the right in any case to increase the same if conditions so warrant in order to protect the health, safety, and welfare of Borough residents.
B. 
Before the Borough Council shall approve and endorse final plans of any subdivision or land development and as a requirement for the approval thereof, the developer shall enter into a written agreement with the Borough in the manner and form set forth by the Borough solicitor, to guarantee the construction and installation of all improvements required by this chapter at the developer's expense. When requested by the developer, in order to facilitate financing, the Borough Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining satisfactory financial security. The final plan or record plan shall not be signed nor recorded until the financial improvements agreement is executed. 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 Borough Council.
C. 
Final plan approval shall be conditioned upon the streets shown on the plan having been improved to a permanently passable condition, or improved as may be required by this chapter and any walkways, bikeways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements as may be required by this chapter have been installed. In lieu of the completion of any improvements as may be required by this chapter, the developer shall furnish to the Borough a financial security with such surety as the Borough Council shall approve, in an amount sufficient to cover the costs of any improvements that may be required. Such financial security, or other security, shall provide for and secure to the public the completion of any improvements that may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of improvements. The amount of financial security to be posted for completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the financial security by comparing the actual cost of the improvements that 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 Borough may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this section.
D. 
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 the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, the procedures set forth in the Pennsylvania Municipalities Planning Code, Article V, Section 509(g),[1] shall be followed. If the developer 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 re-established on or about the expiration of the preceding one-year period by using the above bidding procedure.
[1]
Editor's Note: See 53 P.S. § 10509(g).
E. 
In the case where development is projected over a period of years, the Borough Council may authorize submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future stages of development as it finds essential for the protection of any finally approved section of the development. As the work of installing the required improvements proceeds, the developer may request that the Borough release, from time to time, such portions of the financial security necessary for payment to the contractor performing the work. Any such request shall be in writing addressed to the Borough of Malvern and Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that the improvements have been completed in accordance with the approved plan. If the Borough fails to act within the forty-five-day period, the Borough shall be deemed to have approved the release of funds as requested. The Borough may, prior to final release at the time of completion and certification by the Borough Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
F. 
Where the Borough accepts dedication of all or some of the required improvements following completion, the Borough may require the posting of financial security to secure structural integrity of the 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. The amount of this financial security shall not exceed 15% of the actual cost of installation of the improvements.
G. 
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 Borough shall not unreasonably withhold the issuance of building, grading or other permits relating to the construction of the improvements, including buildings, upon the lots or land as depicted on the 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 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. 
The construction or installation of all improvements shall at all times be subject to inspection by representatives of the Borough. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner, or that erosion or sediment controls are failing to prevent accelerated erosion or water-borne sediment from leaving the site of construction, said representative is empowered to require corrections to be made and/or the suspension of subdivision approval, and to issue a cease-and-desist order which may include any or all of the following sanctions:
(1) 
That no lot in the subdivision shall be conveyed or placed under agreement of sale;
(2) 
That all construction on any lots for which a building permit has been issued shall cease; and/or
(3) 
That no further building permits for any lots shall be issued.
B. 
The cease and desist order shall be terminated upon determination by the Borough that the said defects or deviations from plan requirements have been corrected.
C. 
It shall be the responsibility of the subdivider, developer, builder, or contractor to notify the municipal engineer or other duly authorized person a minimum of two working days in advance of the commencement of any construction or installation of any facility or utility required by this chapter or by the approved subdivision or land development plan, in order that provisions may be made for inspection by the Borough.
D. 
In addition to the advance notice required in Subsection C, above, it shall be the responsibility of the subdivider, developer, builder, or contractor to call, at minimum, for the following specific inspections, by notifying the municipal engineer or other duly authorized person a minimum of one working day in advance of the time anticipated for the required inspection:
(1) 
Key trench for stormwater management basins, following excavation but prior to the placement of any backfill.
(2) 
Underground stormwater management facility, prior to excavation.
(3) 
All pipe work, including outlet pipe and anti-seep collars in stormwater management basins, storm drains, and utilities before backfill begins.
(4) 
Utility work within existing roadways, prior to road opening or saw-cutting of roadway.
(5) 
Footings for structures, following excavation but prior to the commencement of any further construction work on the structure.
(6) 
Fill placement in existing or future Borough rights-of-way, prior to placement.
(7) 
Street subgrade when completed, but before the start of installation of curbs or stone base course.
(8) 
Curbs and/or sidewalks, when stone base is in place, and during the subsequent concrete pours.
(9) 
Crushed aggregate base course, during its installation.
(10) 
Bituminous surface binder course, during its installation.
(11) 
Bituminous surface wearing course, during its installation.
(12) 
Erosion and sedimentation control facilities removal, including conversion of sediment basins/traps to permanent, prior to conversion.
(13) 
Final inspection.
A. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough of Malvern, by certified or registered mail, of the completion of the improvements and shall send a copy to the Borough Engineer. The Borough shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the improvements. The Borough Engineer shall file a report with the Borough, and shall mail a copy of the report 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 authorization from the Borough. This report shall indicate approval or rejection of the improvements, and if the improvements, or any portion thereof, shall not be approved by the Borough Engineer, this report shall contain a statement of reasons for such nonapproval or rejection.
B. 
The Borough Council shall, within 15 days of receipt of the Borough Engineer's report, notify the developer by certified or registered mail of their actions in response to the Borough Engineer's review of improvements.
C. 
If the Borough Council or the Borough Engineer fails to comply with the time limitation provisions, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guarantee bond or other security agreement.
D. 
If any portion of the improvements shall not be approved or shall be rejected by the Borough Council, the developer shall proceed to complete the improvements and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
E. 
The applicant shall reimburse the Borough of Malvern for the reasonable and necessary expense incurred for the inspection of such improvements. Such reimbursement shall be based upon a schedule adopted by resolution and shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough Engineer or consultant for work performed for similar services in the Borough, and in no event shall the fees exceed the rate or cost charged by the Borough Engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants. In the event that the applicant disputes the amount of such expense in connection with inspection of improvements, the procedure set forth in the Pennsylvania Municipalities Planning Code (Act 247, as amended), Section 510(g), Subsections (1) through (5),[1] shall be adhered to.
[1]
Editor's Note: See 53 P.S. § 10510(g)(1) through (5).
F. 
Roads and parking areas in residential developments shall be completed (except for the wearing course) before any occupancy permit is issued for any residence in the subdivision or land development.
In the event that required public improvements have not been installed as provided in this chapter or in accordance with the approved final plan, the Borough Council shall enforce the public improvements agreement and draw on the financial security to insure the installation of the public improvements.
After completion and Borough approval of subdivision or land development improvements as shown on final plans, and before Borough acceptance of such improvements, the developer shall submit to the Borough Council an as-built plan.
A. 
The as-built plan shall be a corrected copy of the approved subdivision/land development plan showing actual dimensions and conditions of streets and all other improvements, including but not limited to:
(1) 
Concrete monuments and lot pins.
(2) 
Cartway edges and centerline, location and elevations.
(3) 
Sanitary sewer mains, manholes, cleanouts and laterals.
(4) 
Storm sewers, inlets and manholes.
(5) 
Water mains, valves and hydrants.
(6) 
Street lights and utility poles.
(7) 
All known utilities including gas, electric, cable and telephone.
(8) 
Landscaping.
(9) 
Stormwater management facilities.
(10) 
Easements.
(11) 
Certification of the accuracy of the plan by an engineer or surveyor.
B. 
Upon completion of any public improvements shown on an approved subdivision plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit written offer of such public improvements for dedication to the Borough. Said offer shall include a deed of dedication covering said public improvements together with satisfactory proof establishing the developer's clear title to said property. Such documents are to be filed with the Municipal Secretary for review by the Municipal Solicitor. Deeds of dedication for public improvements may be accepted by resolution of the Borough Council at a meeting thereof. The Borough Council may require that at least 75% of the lots in any approved subdivision or land development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the streets, even though constructed according to the specifications of this chapter, deteriorate before the said 75% of the lots have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to the Borough Council before being accepted by the Borough.
C. 
For major subdivisions, in addition to the paper plan submission, the Borough may require a digital electronic submission meeting drafting standards, data layer separation requirements, and in the format specified by the Borough Engineer.
D. 
Where maintenance of stormwater retention facilities or private streets are to be the responsibility of individual lot owner, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities, the Borough Council shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest, and may further require that an initial maintenance fund be established in a reasonable amount.