[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 23-1990. Amendments noted where applicable.]
No project shall be considered in compliance with this chapter until the streets, street signs, sidewalks and curbs within street rights-of-way, buffer planting, storm drainage facilities for dedication or those which affect adjacent properties and/or street sanitary sewer facilities for dedication (exclusive of laterals), water supply facilities (exclusive of laterals), fire hydrants, lot line markers, and survey monuments have been installed in accordance with this chapter.
No final plan shall be signed by the Commission and/or by City Council for recording in the office of the Dauphin County Recorder of Deeds unless an improvement construction guarantee in accordance with this chapter is accepted by the City of Harrisburg.
As used in this chapter, unless otherwise expressly stated or clearly indicated by the context, the following terms shall have the meanings indicated:
- One prepared by the developer in the form required by the City of Harrisburg, which will accept the improvements. The following are acceptable forms of guarantees. All other forms of guarantees must be individually approved by the City Solicitor of the City of Harrisburg.
- (1) The funds of said escrow account shall be held in trust until released by the City and may not be used or pledged by the developer as security in any other matter during that period.
- (2) In the case of a failure on the part of the developer to complete said improvements, then the financial institution shall immediately make the funds in said account available to the City of Harrisburg for use in the completion of those improvements.
- (1) The amount of credit.
- (2) In case of failure on the part of the developer to complete the specified improvements within the required time period, the creditor shall pay to the City of Harrisburg immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
- (3) The letter of credit is irrevocable and may not be withdrawn, or reduced in amount, until released by the City of Harrisburg.
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
The amount of financial security to be posted for the 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 City 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 a rescheduled date of completion. Subsequent to said adjustment, the developer shall 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 subsection.
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 City Council, upon the recommendation of the City Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the City 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 City 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 applicant or developer and the City.
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 each 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.
After final plan approval and upon completion of all required improvements, the developer shall submit as-constructed drawings showing the location, dimension, and elevation of all improvements. Such drawings shall indicate that the required grading, drainage structures, and/or drainage systems and erosion and sediment control practices have been installed in substantial conformance with the previously approved final plan. The as-constructed drawings shall specify all deviations from the previously approved plans. Five copies of the drawings shall be submitted to the City of Harrisburg.
As the work of installing the required improvements proceeds, the party posting the financial security may request that the City of Harrisburg 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 City, and shall be accompanied by as-constructed drawings. The City shall have 45 days from receipt of such request within which to allow the City Engineer to certify in writing that such portion of the work upon the improvements has been completed in accordance with the approved final plan. Upon such certification, the City shall authorize release by the bonding company or lending institution of an amount fairly representing the value of the improvements completed. If the City fails to act within said forty-five-day period, the City shall be deemed to have approved the release of funds as required. Prior to final release at the time of completion and certification by the City Engineer, the City shall require retention of 10% of the estimated cost of the aforesaid improvements.
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the City in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the City Engineer. The City shall, within 10 days after receipt of such notice, direct and authorize the City Engineer to inspect the improvements. A copy of the City Engineer's report shall be mailed by registered or certified mail to the developer. The report shall contain the City Engineer's recommendations of approval or rejection, either in whole or in part, of any improvements proposed for dedication. If any improvement is not approved by the City Engineer, the City Engineer shall report to the City the conditions and reasons upon which the disapproval is based.
The City shall notify the developer within 15 days of receipt of the City Engineer's report, in writing, by certified or registered mail, of the decision to accept or not accept the improvements.
If the City Engineer fails 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 guarantee bond or other security agreement.
If any portion of said improvements shall not be approved or shall be rejected, the developer shall proceed to complete the same, and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
The City may require an inspection of the improvement construction plans for correctness and a resident inspection of the construction of the improvements. The applicant shall agree to pay the cost of any such inspection.
If improvements are to be subject to resident inspection with the cost borne by the applicant in accordance with this chapter, the procedure for assessing costs shall be submitted to the applicant at the preliminary plan stage. The developer shall provide at least 48 hours' notice prior to the start of construction of any improvements that are subject to resident inspection.
If resident inspection by the City is not required, the developer shall retain engineering personnel for inspection during all stages of the construction project. The Bureau of Engineering shall be notified 24 hours prior to final inspection of a date for such so that personnel can participate if desired.
Upon the completion of all construction, the developer shall submit to the Bureau of Engineering a set of reproducible as-constructed drawings prepared by the developer's engineer.
All improvements shall be deemed to be private improvements and only for the benefit of the specific project until such time as the same have been offered for dedication and formally accepted by the City by ordinance, resolution, deed, or other formal document. No improvement shall be accepted by the City for dedication except upon submission of as-constructed drawings by the developer and inspection of the final construction.
The following is the procedure to dedicate improvements to the City:
The staff of the Commission may accept a request from the landowner to dedicate improvements to the City if the request has been copied to the City Clerk. A request shall take the form of a letter and include a survey/site plan and the deed of dedication which includes the legal description (six copies each).
The staff will prepare a case report on the request pursuant to the requirements of Article XXIX of the Third Class City Code, Act of 1931, P.L. 932, as amended, and Article IV of the Pennsylvania Municipalities Planning Code.
Editor's Note: See 53 P.S. § 37915 et seq. and 53 P.S. § 10401 et seq., respectively.
The dedication request is reviewed by the Planning Commission at a public meeting. The resolution pertaining to the Official Map change and dedication is forwarded to the City Clerk for review by City Council. Before voting on the Official Map change, Council shall hold a public hearing pursuant to public notice.
Following the adoption of the ordinance and Official Map change, a copy of the same, verified by the City Clerk, shall be submitted to the Recorder of Deeds for Dauphin County. The deed shall be recorded within 60 days of the effective date.
The City, at its discretion, may require the applicant to submit a maintenance guarantee or other approved performance guarantee to guarantee maintenance and repair of any improvement shown on the application for one year after the construction thereof, or until acceptance of improvements has been consummated.
If improvements are to be subject to a maintenance guarantee in accordance with this section, the applicant shall be advised of the requirement at the preliminary plan stage.
The developer shall furnish to the City, at the time of the City's acceptance of the deed of dedication, a twenty-four-month maintenance bond, with corporate surety acceptable to the City Solicitor, to secure the structural integrity of said improvements in accordance with the design and specifications. The amount of the maintenance bond or other financial security shall be 15% of the actual cost of construction.
Prior to the expiration of the twenty-four-month period and at such other times as are necessary, the developer's engineer, in conjunction with personnel from the Bureau of Engineering, will conduct inspections. These inspections will be for the purpose of determining the existence of any maintenance deficiencies and required remedial action prior to the release of surety. No sureties will be released without approval from the Bureau of Engineering.