Borough of Edgeworth, PA Article IX Miscellaneous Provisions

§ 113-45 Guaranties.

A. The applicant shall agree, in writing, on a form provided by the Borough, that he/she will construct or install and maintain until dedication all of the improvements required herein or required as a condition of approval of the final plan in accordance with the governing specifications and within the specified time limits.

B. The applicant will furnish a bond, with corporate surety acceptable to the Council, in such amount and containing such terms and conditions as shall be approved by the Council to guarantee the performance by the applicant of the agreement referred to in this section. In lieu of such bond, the applicant may furnish such other financial security as may be acceptable to the Council. Such other security may consist of cash, a lending institution letter of credit, a restrictive or escrow account in a lending institution or government obligations. Such bond or other security shall provide for and secure to the public the completion of any improvements which may be required within one year of the date fixed in the final plan for completion of such improvements. In cases where development is projected over a period of years, the Council may authorize submission of final plans by sections 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.

C. Upon completion of all necessary and appropriate improvements, the subdivider or developer shall notify the Council, in writing, by certified or registered mail, of the completion of such improvements and shall send a copy thereof to the Borough Manager. The Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Manager or Engineer, if any, to inspect all of the aforesaid improvements. The inspector shall thereupon file a report, in writing, with the Council and shall promptly mail a copy of the same to the subdivider or developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Borough Manager or Engineer, if any, of the aforesaid authorization from the Council. 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 inspector, said report shall contain a statement of reasons for such nonapproval or rejection.

D. The Council shall notify the subdivider or developer, in writing, by certified or registered mail, of its action with relation thereto.

E. If the Council or the Borough Manager or Engineer, if any, fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved, and the subdivider or developer shall be released from all liability pursuant to his performance guaranty bond or other security agreement.

F. If any portion of the improvements shall not be approved or shall be rejected by the Council, the subdivider or developer shall proceed to complete the same, and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

G. Nothing herein, however, shall be construed in limitation of the applicant's right to question, by legal proceedings or otherwise, any determination of the Council or Borough Manager or Engineer.

H. If the subdivider or developer does not satisfactorily construct or install all of the improvements included within the agreement referred to in this section, the Council shall institute appropriate legal or equitable proceedings to enforce the bond or other security referred to in this section or, if no bond or other security is enforceable or if the proceeds thereof are insufficient to pay the cost of completing the construction or installation of such improvements or the cost of making repairs or corrections thereto, to collect the same from the subdivider or developer. The Council, at its option, may also proceed to complete such improvements or make repairs and corrections thereto prior to receiving the cost thereof from the surety on the bond, from the other security or from the subdivider or developer. All funds recovered from the surety, from other security or from the subdivider or developer shall be used solely for such improvements and not for any other Borough purpose.

§ 113-46 Waiver.

A. Where, owing to special conditions, a literal enforcement of the provisions of this Part 1 will result in unreasonable hardship, the Council may make such reasonable waiver thereof in accordance with modern and evolving principles of site planning and land development as is not contrary to the public interest and so that the spirit of this Part 1 shall be observed and substantial justice done.

B. Applications for any waiver shall be submitted, in writing, by the applicant at the time the preliminary plat is filed with the Borough or at such later time as shall be permitted by the Council. The application shall state fully the grounds and all the facts relied upon by the applicant.

C. Wherever a waiver is requested by the applicant, the Council shall refer the matter to the Planning Commission for its review. The Planning Commission shall study the request, make findings, record the findings in its minutes and submit the findings to the Council.

D. Any subdivider aggrieved by a finding, decision or recommendation of the Council may request and receive opportunity to appear, present additional relevant information and request reconsideration of the original finding, decision or recommendation.

E. The Borough shall keep a record of its findings, decisions and recommendations relative to all subdivision plans filed with it for review.

F. All such records shall be public records.

§ 113-47 Violations and penalties.

A. Any person, partnership, corporation or other entity who or which, being the owner or agent of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon or who transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development, or erects any building thereon, unless and until a final plat has been prepared in full compliance with provisions of this Part 1 and of the regulations adopted hereunder and has been recorded as provided herein, shall be guilty of a misdemeanor, and, upon conviction thereof, such person or the members of such partnership or the officers of such corporation or principals associated with such entity or the agency of any of them responsible for such violation shall pay a fine not exceeding $1,000 per lot or parcel or per dwelling within each lot or parcel. All fines collected for such violations shall be paid over to the Borough.

B. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

C. The Borough shall have the right to enjoin in an appropriate legal proceeding any violation of this Part 1.