[Ord. 2013-499, 7/10/2013]
Before the final plan is signed and recorded and prior to the
issuance of any permits needed for construction or occupancy of any
subdivision or land development, the applicant shall complete to the
satisfaction of Red Hill Borough Council or ensure the completion
of all required public improvements in the manner set forth in this
Article.
[Ord. 2013-499, 7/10/2013]
1.
The applicant shall comply with the public improvement construction
requirements in the following ways:
A.
Complete all of the improvements required by Red Hill Borough Council
for final plan approval, in compliance with the requirements of this
Chapter and the Pennsylvania Municipalities Planning Code; or
B.
Provide proper financial security in a manner acceptable to the Red
Hill Borough Council to ensure the completion of all improvements,
as required by this Chapter, in compliance with the Pennsylvania Municipalities
Planning Code.
(1)
The work completed or guaranteed shall be in strict accordance
with the approved plans and the requirements of this Chapter.
(2)
No lot in a subdivision shall be sold and no permit to erect,
alter, or repair any building upon land in a subdivision or land development
shall be issued unless and until a subdivision and/or land development
plan has been approved and recorded and until the required improvements
in connection therewith have either been completed or guaranteed for
completion as required herein.
(3)
The applicant shall also guarantee that no lot shall be sold
or building constructed in any floodplain area except in compliance
with the floodplain management requirements of this Chapter, the Red
Hill Borough Floodplain Ordinance,[1] and other applicable ordinances and requirements of Red
Hill Borough.
[Ord. 2013-499, 7/10/2013]
1.
In lieu of the completion of any improvements required as a condition
for final plan approval, financial security, in the amount required
herein, shall be furnished to Red Hill Borough in compliance with
the applicable requirements of the Pennsylvania Municipalities Planning
Code. Such financial security shall secure the complete installation
of all required improvements for which such security is being posted
on or before the date fixed in the plan approval and subdivision and/or
land development agreement for completion of such improvements.
2.
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, Red Hill Borough may adjust
the amount of the required 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 scheduled date for completion
or a rescheduled completion date. Subsequent to said adjustment, the
Borough may require the developer to post additional security in order
to assure that the financial security equals 110% of the cost of completion.
Any additional security shall be posted by the developer in accordance
with this Section.
3.
Determination of the cost of the completion of improvements used
for setting the amount of financial security required shall be based
upon an estimate of the cost of completion of the required improvements,
submitted by the 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. Red Hill Borough, upon the recommendation of the Red Hill
Borough Engineer, may refuse to accept the estimate for good cause
shown. If the applicant or developer and Red Hill Borough are unable
to agree upon an estimate, then the estimate shall be recalculated
and recertified by another professional licensed engineer who is mutually
chosen by Red Hill Borough and the applicant or developer. The estimate
certified by the third engineer shall be presumed to be fair and reasonable
and shall be the final estimate. Fees for the services of the third
engineer shall be paid equally by Red Hill Borough and the applicant
or developer.
4.
When requested by the applicant or developer in order to facilitate
financing, the Red Hill Borough Council shall furnish the applicant
or developer with a signed copy of a resolution indicating approval
of the final plan contingent upon the applicant or developer obtaining
a satisfactory financial security. The final plans shall not be signed
or recorded until the financial improvements agreement is executed.
The resolution 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 Red Hill Borough
Council; such extension shall not be unreasonably withheld and shall
be placed in writing at the request of the applicant or developer.
5.
Red Hill Borough Council may accept financial security posted by
the applicant or developer in the form of a cash escrow deposited
with Red Hill Borough or an irrevocable letter of credit, escrow account,
or surety bond with a bonding company or chartered Federal or State
lending institution chosen by the party posting financial security,
provided that said institution or company is authorized to conduct
such business in the Commonwealth of Pennsylvania and stipulates that
it will submit to Pennsylvania jurisdiction and Montgomery County
venue in the event of legal action.
[Ord. 2013-499, 7/10/2013]
1.
The Red Hill Borough Council may authorize the release of all or
portions of the posted financial security as the completion of improvements
proceeds, in compliance with the applicable requirements of this Section
and the Pennsylvania Municipalities Planning Code.
A.
Partial Release of Security. As the work of the installation of the
required improvements proceeds, the party posting the financial security
may request Red Hill Borough Council to release or authorize the release,
from time to time, such portions of the financial security necessary
for the payment of the contractor or contractors performing the work.
Any such requests shall be in writing addressed to Red Hill Borough.
Upon receipt of the request for release of a portion of the financial
security, Red Hill Borough shall have 45 days from the receipt of
such request within which to allow the Red Hill Borough Engineer to
certify, in writing, to Red Hill Borough Council that such portion
of the work upon the required improvements has been completed in accordance
with the approved final plan, at which time Red Hill Borough Council
shall authorize the release to the applicant or his designee by the
bonding company or lending institution of an amount of funds as estimated
by the Red Hill Borough Engineer as fairly representing the value
of the work completed. If Red Hill Borough Council fails to act upon
such request within said forty-five-day period, Red Hill Borough Council
shall be deemed to have approved the full release of security as requested.
Red Hill Borough Council may, prior to final release at the time of
completion and certification by the Red Hill Borough Engineer, require
the retention of 10% of the estimated cost of all required improvements.
B.
Failure to Complete Improvements. If any of the required improvements
have not been completely installed in accordance with this Chapter
and the approved final plan within the period fixed by the Red Hill
Borough Council, Red Hill Borough Council may take one or more of
the following actions:
(1)
Declare the applicant or developer in default and exercise any
or all rights and remedies available under the land development agreement
executed by the applicant/developer and the Borough as a condition
of final plan approval;
(2)
Enforce the bond or other financial security provided by the
applicant by appropriate legal and equitable remedies. If proceeds
of such bond or other financial security are insufficient to pay the
cost of installing, constructing or making repairs or corrections
to all of the improvements covered by said financial security, Red
Hill Borough may, at its option, install part of such improvements
in all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements;
(3)
Assign the right to receive funds under the security to any
third party, including a subsequent owner of the property wherein
improvements were not completed, in exchange for that subsequent owner's
promise to complete improvements on terms acceptable to Red Hill Borough
Council, upon advice of the Borough Solicitor, or
(4)
Exercise any other available rights or remedies under the Pennsylvania
Municipalities Planning Code or other applicable law.
C.
Post-Completion Security. The applicant shall be responsible for
maintenance of all improvements for a period of 18 months from the
date of final acceptance of dedication of all public improvements
and certification of project completion.
D.
Landscaping Financial Security. The applicant shall guarantee that
all required landscape improvements shall be installed and maintained
in a healthy and sound condition or otherwise be replaced by equivalent
improvements for a period of 18 months from the date of completion
of all improvements, final inspection by the Red Hill Borough Engineer
and acceptance of dedication of all public improvements and certification
of project completion. Final inspection of landscaping shall be performed
while trees are fully leased out, typically May 1 through November
1.
[Ord. 2013-499, 7/10/2013]
1.
Notice. The Red Hill Borough Engineer shall be notified not less
than 48 hours in advance of the commencement of any land disturbance
work and the construction or installation of improvements, to schedule
an inspection by the Red Hill Borough Engineer. All construction and
installation operations shall be, at all times, subject to inspections
by the Red Hill Borough Engineer and/or other professional consultants
serving as representatives of Red Hill Borough during the progress
of the work. The applicant, developer, and/or builder shall pay the
reasonable and necessary review fees and expenses of the Borough Engineer
and other professional consultants for inspections, reviews and reports
to Red Hill Borough in accordance with the fee schedule established
from time to time by resolution of Red Hill Borough Council.
2.
Improvement Specifications. All required road improvements shall
be constructed in accordance with the applicable provisions of the
PADOT, Form 408, current edition, including the latest revisions and
other applicable regulations. All other required improvements shall
be constructed in accordance with approved specifications found in
Parts 4, 5 and 6 of this Chapter. If the appropriate standards are
not provided in this Chapter, the following procedures shall be used:
A.
Specifications. The specifications shall be furnished to the applicant
by Red Hill Borough. If any of the specifications are unavailable
at Red Hill Borough Hall, the Red Hill Borough Engineer shall provide
the applicable specifications.
B.
Sample of Materials. During or after construction of any required
improvement, if the Red Hill Borough requires a sample of materials,
said sample shall be furnished by the appropriate contractor, in a
form specified by the Red Hill Borough Engineer.
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 Red Hill Borough right-of-way
or easement or in areas proposed for future dedication to the Red
Hill Borough shall be supplied to the Red Hill Borough.
[Ord. 2013-499, 7/10/2013]
Certain improvements beyond the geographical boundaries of the site to be subdivided and/or developed, including but not limited to road improvements, may be requested by Red Hill Borough Council where it can be demonstrated that such improvements have been made necessary through the additional burden imposed by the subdivision and/or development of the site. All such improvements or contributions for future off-site improvements shall be considered voluntary and shall not be refunded to the developer. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in § 22-502.
[Ord. 2013-499, 7/10/2013]
1.
Conditions. Red Hill Borough shall have no obligation to accept dedication
of any street, park or other improvement unless:
A.
The required improvements, utility mains and laterals, monuments
and markers shown on the approved final plan or plans have been certified
by the Red Hill Borough Engineer as having been constructed in accordance
with all specifications and requirements of this Chapter and are free
from defects or deterioration.
B.
It is established to the satisfaction of Red Hill Borough Council
that there exists a need for the improvements to be dedicated.
2.
Acceptance. Red Hill Borough shall have no responsibility with respect
to any street, park or other improvement, notwithstanding the use
of the same by the public, unless dedication of the street, park or
other improvement has been accepted by ordinance or resolution adopted
by Red Hill Borough Council.
3.
Offer of Dedication.
A.
The applicant shall submit a written offer of dedication to Red Hill
Borough for the street, park or other improvement proposed to be dedicated,
accompanied by the following documents in form and substance satisfactory
to Red Hill Borough Council, upon advice of the Borough Engineer and
the Borough Solicitor:
(1)
A deed of dedication covering the improvements;
(2)
A copy of a title insurance policy evidencing that the applicant
has clear title to the property to be dedicated; and
(3)
An easement agreement, for the benefit of Red Hill Borough,
covering any portion of the dedicated improvements which are located
on private property; and
(4)
Such other documentation as may be required by Red Hill Borough
Council.
B.
The items required in § 22-506.3A above shall be submitted
to the Red Hill Borough Engineer and Borough Solicitor for their review
and recommendations.
C.
Red Hill Borough Council may require that certain improvements remain
undedicated, with maintenance being the responsibility of individual
lot owners, a homeowners' association or similar entity or an organization
capable of carrying out maintenance responsibilities.
[Ord. 2013-499, 7/10/2013]
1.
When the Red Hill Borough Council accepts dedication of required
improvements following their completion or certifies project completion,
the applicant shall post financial security to secure the structural
integrity and functioning of the improvements in accordance with the
design and specifications as depicted on the approved final plan.
A.
Said financial security shall be of the same type and form as otherwise required by § 22-502 herein.
B.
The amount of financial security shall be 15% of the actual cost
of installation of the improvements.
C.
The term of the guarantee shall be 18 months from the date of acceptance
of dedication or certification of project completion.
[Ord. 2013-499, 7/10/2013]
Where the maintenance of improvements is to be the responsibility
of individual lot owners, a homeowners' association or similar entity
or an organization capable of carrying out maintenance responsibilities,
the Red Hill Borough Council shall require that maintenance responsibilities
be noted on the record plan and be set forth in a recorded declaration
of covenants and restrictions in form and substance satisfactory to
the Borough Solicitor, which covenants and restrictions shall run
with the land and be binding on the landowners and their successors
in interest. Red Hill Borough Council may further require that an
initial maintenance fund be established and maintained in a reasonable
amount and manner.
[Ord. 2013-499, 7/10/2013]
1.
Before the Red Hill Borough Council shall cause its approval to be
endorsed upon the final plans of any subdivision or land development
(except in the case of minor subdivisions wherein Red Hill Borough
Council may impose no condition or conditions for the approval of
the plan), and as a requirement for the approval thereof, the applicant
shall enter into a written agreement with Red Hill Borough in form
and substance satisfactory to the Red Hill Borough Solicitor, which
shall include but not be limited to the following:
A.
The applicant agrees to lay out and construct or cause to be constructed
or installed, at the owners' expense, all streets, curbs, sidewalks,
fire hydrants, streetlights, stormwater facilities, water and sewer
facilities, street signs, monuments, capped sewers, parks, landscaping,
line painting, and other improvements in accordance with the final
plan as approved, where any or all of these improvements are required
as conditions of approval, in accordance with the standards and specifications
of Red Hill Borough.
B.
The applicant agrees to maintain, at the owners' expense, all streets,
curbs, sidewalks, stormwater facilities, water and sewer facilities,
street signs, parks, monuments, fire hydrants, streetlights, capped
sewers, line painting, landscaping, and other improvements, until
the same are accepted for dedication or condemned by Red Hill Borough
for public use, and for a period of 18 months thereafter to repair
and reconstruct the same or any part of one of them when such repair
or reconstruction shall be specified by Red Hill Borough Council as
necessary by reason of faulty construction, workmanship, or materials
or the structural integrity or functionality of the improvements is
not satisfactory as determined by Red Hill Borough upon advice of
the Red Hill Borough Engineer.
C.
The applicant agrees to pay all costs, charges, or rates of the utility
furnishing electric service for the lighting of the streets on or
abutting said subdivision, from the lights installed by the applicant,
until such time as the streets shown on the subdivision plans shall
be accepted by Red Hill Borough Council as public streets of Red Hill
Borough by ordinance or resolution. The applicant shall agree to indemnify
and hold harmless Red Hill Borough, its elected officials, officers,
employees, agents and consultants, from and against all suits, actions,
claims, and demands for electric service to the streets shown on said
plans, or any part thereof, from the date of installation to the date
said streets shall be accepted as public streets of Red Hill Borough
in the manner hereinabove set forth.
D.
The applicant agrees to pay the inspection and review fees required
by Red Hill Borough and the reasonable fees of the Red Hill Borough
Engineer and the Borough Solicitor.
E.
The applicant agrees to obtain the easements and releases required
from adjacent landowners when any street, drainage facility or other
improvement abutting the subdivision traverses land of other landowners
at the applicant's sole cost and expense and to obtain from the adjacent
landowners a full release of all claims from all damages which may
arise from a change in grade, construction, or otherwise, of the street,
drainage facility or other improvements. Such release shall be in
form and substance satisfactory to the Borough Solicitor and shall
inure to the benefit of the applicant, the applicant's successors-in-title,
and Red Hill Borough, its elected officials, officers, employees,
agents and consultants.
F.
The applicant agrees to promptly remove or cause to be removed snow
and debris from the streets as may be required for safe traverse of
the streets prior to acceptance of dedication.
G.
The applicant agrees to provide, within 60 days after final inspection
and Borough approval of all improvements, all construction and shop
drawings and plans, including a full set of "as built" plans in paper
and in appropriate electronic format, as specified by the Red Hill
Borough Engineer.
H.
Operations and Maintenance Agreement Form. The applicant shall provide
all maintenance duties, including repairs, to stormwater management
facilities on the property. Red Hill Borough may conduct periodic
inspections of stormwater facilities to evaluate its condition and
fulfill the Borough's Municipal Separate Storm Sewer System (MS4)
obligations mandated by the Department of Environmental Protection
(DEP).
I.
Such other provision(s) as are deemed necessary or desirable by Red
Hill Borough Council.
