Before the final plan is signed and made ready for recording
or prior to the issuance of any permits needed for construction or
occupancy of any subdivision or land development, all applicants are
required to complete to the satisfaction of City Council or ensure
the completion of all required public improvements in manner set forth
in this article.
A.
Prior installation. Complete all of the improvements required by
City Council for final plan approval, in compliance with the requirements
of this chapter; or
B.
Bond requirements.
(1)
Provide proper financial security in a manner acceptable to the City
to ensure the completion of all improvements, as required by this
article, in compliance with the Pennsylvania Municipalities Planning
Code.[1]
(a)
The work completed or guaranteed shall be in strict accordance
with the conditionally approved plans and the requirements of this
chapter.
(b)
No lot in a subdivision may be sold, and no permit to erect,
alter, or repair any building upon land in a subdivision or land development
will be issued unless and until a subdivision and/or land development
plan has been approved, and where required, recorded, and until the
required improvements in connection therewith have either been completed
or guaranteed for completion as required herein.
(d)
City Council may defer at the time of final plan approval, subject
to appropriate conditions, the provision of any or all required improvements,
as in its judgment are not requisite in the interests of public health,
safety and welfare, or which are inappropriate due to the inadequacy
or nonexistence of connecting facilities. A separate public improvement
agreement may be executed by City Council guaranteeing completion
of any deferred improvement at some later date.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Such guarantee will be held subject to the condition that all the
improvements will be completed within 24 months after the approval
of the final plan, and in the event they are not completed, the City
shall proceed with the work and hold the owner and the bonding company
responsible for the costs thereof.
A.
In lieu of the completion of improvements required for final plan
approval, financial security, in an amount required, shall be guaranteed
to the City in compliance with the applicable requirements of the
Pennsylvania Municipalities Planning Code.[1] Such financial security shall assure the complete installation
of all the required improvements to be completed on or before the
date fixed in the conditional plan approval, subdivision agreement,
and/or development agreement for completion of such improvements.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The amount of such security to be posted for the completion of 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 required financial
security by comparing the actual cost of 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 the original
scheduled date for completion or a rescheduled completion date.
C.
Determination of the cost of the completion of improvements used
for setting the amount of financial security shall be based upon an
estimate of the cost of completion of required improvements submitted
by the applicant or developer, and prepared by a professional engineer
and certified to be fair and reasonable. The City under recommendation
of the City Engineer may refuse to accept the estimate for good reasons
provided to the applicant. 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 which is mutually
chosen by the City and the applicant. The estimate certified by the
third engineer shall be presumed to be fair and reasonable and shall
be the final estimate.
D.
When requested by the applicant in order to facilitate financing,
the City Council shall furnish the applicant with a signed copy of
a resolution indicating approval of the final plan contingent upon
the applicant obtaining a satisfactory financial security. Final plans
will 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
City Council.
E.
The City, at its option, may accept financial security in the form
of cash escrow placed with the municipality, irrevocable letter of
credit, escrow account, or surety bond with a bonding company or chartered
lending institution chosen by the party posting financial security,
provided said institution or company is authorized to conduct such
business in the Commonwealth of Pennsylvania.
A.
Release from improvements. Release from improvement bond or other
guarantee of completion of improvements shall be by the following
procedure:
(1)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the City Council, in writing,
by certified or registered mail, of the completion of required improvements
and shall send a copy thereof to the City Engineer.
(2)
Within 10 days after receipt of such notice, the City Council shall
direct and authorize the City Engineer to inspect all required improvements.
The City Engineer shall thereupon file a report, in writing, with
the City Council and shall promptly mail a copy of the same to the
developer, by certified or registered mail. Said report shall be made
and mailed within 30 days after receipt by the City Engineer of the
aforesaid authorization from the City Council; said report shall be
detailed and either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Engineer, said report shall contain a statement of reasons
for such nonapproval or rejection.
(3)
The City Council shall notify the developer within 15 days of receipt
of the engineer's report, in writing, by certified or registered
mail, of the action of said body with relation to said report. If
the City Council or City Engineer fails to comply with 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 its performance guaranty bond. If any portion of required
improvements shall not be approved or shall be rejected by the City
Council, the developer shall proceed to complete the same and upon
completion, the same procedure as outlined herein shall be followed.
Nothing herein, however, shall be construed to limit the developer's
right to contest or question, by legal proceedings or otherwise, any
determination of the City Council or City Engineer.
(4)
Partial release of security. As the work of the installation of the
required public improvements proceeds, the party posting the financial
security may request the City 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 request shall be done in writing addressed to the municipality.
Upon receipt of the request for release of a portion of the improvement
security, the municipality shall within 45 days allow the City Engineer
to certify, in writing, that such portion of the public improvements
has been completed in accordance with the approved plan at which time
the City shall authorize the release to the applicant or his designee
by the bond company or lending institution of an amount of funds that
the City Engineer feels fairly represents the value of the work completed.
If the municipality fails to act upon a request for release of security
within 45 days, the City shall be deemed to have approved the full
release of security as requested.
(5)
Incomplete improvements. If the required improvements are not completely
installed within the period fixed or extended by City Council, City
Council may take one or more of the following actions:
(a)
Declare the financial security in default and require that all
improvements be installed regardless of the extent of the building
development at the time the agreement is declared in default;
(b)
Suspend final plan approval until the development improvements
are completed and record a document to that effect for the purpose
of public notice;
(c)
Obtain funds under the security and complete improvements;
(d)
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;
(6)
Postcompletion security. The applicant shall be responsible for maintenance
of all improvements for a period of 18 months after final acceptance
and certification of project completion.
(7)
Landscaping security. The applicant shall be responsible for the
full replacement of all dead or diseased trees or shrubs for 18 months
after final acceptance and certification of project completion. Final
inspection of landscaping shall be performed while trees are fully
leafed out, typically May 1 through November 1.
A.
Inspection procedure during construction. No improvements shall be
made or approved by the City Council except in accordance with the
following procedure:
(1)
Forty-eight hours before the developer is ready to prepare the subgrade
of the road, he shall notify the City Engineer, in writing.
(2)
Forty-eight hours before the developer is ready to lay the slap or
ban of a road, he shall notify the City Engineer, in writing, so that
the Engineer can make periodic inspections during the course of installation.
(3)
The developer shall notify the City Engineer, in writing, after the
water lines and sanitary sewers are laid but 48 hours before they
are covered over for the Engineer's inspection.
(4)
Forty-eight hours before the developer is ready to put the top or
final coat on the road, he shall notify the City Engineer to make
his final inspection. No final paving shall be permitted until such
inspection has been made and approval to proceed has been granted.
(5)
The City Engineer shall make an inspection of the completed road,
sewers drains, fire plugs, drainage facilities, and other required
improvements.
(7)
The City Engineer shall furnish to the Solicitor a description of
the road and of the grade at center line, and the Solicitor will thereupon,
or upon request of the developer, prepare an ordinance or resolution
for the adoption of the road as a City road.
(8)
Where it is contemplated that any street in a partially completed
plan of lots may be extensively used by heavy vehicles hauling building
materials and equipment, and where such street, if completed, may
be damaged during the course of construction of a number of houses,
the City may require the developer to complete the homes or a substantial
number of them, prior to the final paving of the street.
(9)
The inspection of sanitary sewer installations shall be in accordance
with the procedures of the applicable sanitary authority with any
required notices also being submitted to the City Engineer.
B.
Inspection fees. The applicant, developer, or builder shall pay the
reasonable and necessary expenses for inspections in accordance with
the fee schedule established by resolution of City Council.
C.
Improvement specifications. All required road improvements should be constructed in accordance with the applicable provisions of the PennDOT, 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 Articles IV, V and VI of this chapter. If the appropriate standards are not provided in this chapter, the following procedures shall be used:
(1)
Specifications. The specifications will be furnished to the applicant
by the City. If any of the specifications are unavailable at City
Hall, the City Engineer shall provide the applicable specifications.
(2)
Sample of materials. During or after construction of any required
improvement, if the City requires a sample of materials, said sample
shall be furnished by the appropriate contractor, in a form specified
by the City Engineer.
D.
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 City right-of-way or easement
or in areas proposed for future dedication to the City shall be supplied
to the City.
A.
Conditions. The City shall have no obligation to accept dedication
of any street or other improvement unless:
(1)
The required improvements, utility mains and laterals, and monuments,
shown on the approved plan or plans have been constructed to meet
all requirements, and are free of defects or deterioration.
(2)
It is established to the satisfaction of City that there is a need
for the dedication of improvements.
B.
Acceptance. The City shall have no responsibility with respect to
any street or other improvement, not withstanding the use of the same
by the public, unless the street or other improvement is accepted
by the City through the passage of an ordinance (or resolution) adopted
by City Council.
When City Council accepts dedication of required improvements
following their completion or certifies project completion, City Council
may require posting of financial security by the applicant to secure
the structural integrity and functioning of these improvements in
accordance with the design and specifications as depicted on the approved
final plan.
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,
City Council shall require that maintenance responsibilities be set
forth in perpetual covenants or deed restrictions binding on the landowners'
successors in interest, and may further require that an initial maintenance
fund be established in a reasonable manner.
Before City 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 City Council may impose
no condition or conditions for the approval of the plan), and as a
requirement for the approval thereof, the owners shall enter into
a written agreement with the City in the manner and form set forth
by the City Solicitor which shall include but not be limited to the
following:
A.
To construct or cause to be constructed or installed, at the owner's
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
shown the final plan when required to do so by City Council in accordance
with the standards and specifications of the City.
B.
To maintain at the owner's 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 or
condemned by the City for public use, and for a period of 18 months
thereafter to repair and reconstruct the same of any part of one of
them when such repair or reconstruction shall be specified by City
Council as necessary by reason of faulty construction, workmanship,
or materials, or the structural integrity or functionality of the
improvements are not satisfactory as determined by the City or City
Engineer.
C.
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 owner, until such time as the streets
shown on the subdivision plans shall be accepted as public streets
of the City by ordinance (or resolution), and to indemnify and hold
harmless the City from and against all suit, actions, claims, and
demands for electric service to the streets shown on said plans, or
any part thereof, to the time that said streets shall be accepted
as public streets of the City in the manner hereinabove set forth.
D.
Pay the inspection fees required by the City.
E.
To obtain the easements and releases required when any street, drainage
facility or other improvement wherein a subdivision abuts or traverses
land of persons other than the person holding legal title to the lands
of the subdivision at his own cost, and obtain from the owner of the
lands so abutted or traversed full releases from all damages which
may change in grade, construction, or otherwise, of the street, drainage
facility or other improvements and such releases shall insure to the
benefit not only of the owner of the subdivision but to the City as
well.
F.
To promptly remove or cause to be removed snow from the streets as
may be required for safe traverse of the streets prior to dedication.
G.
To promptly reimburse to the City reasonable Solicitor's and
Engineer's fees.
H.
To provide in a timely manner, 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 City Engineer.
I.
Such other provision(s) as deemed necessary or desired by City Council.
