A.
Physical improvements to the subdivision/land development tract shall
be provided, constructed and installed as shown on the final plan,
in accordance with the requirements of the Borough Council.
B.
As a condition to review of a final plan by the BPC, the developer shall agree with the Borough Council as to installations of all improvements shown on the plan and required by this chapter. Before the final plan may be endorsed by the Borough Council, the developer shall submit a completed and executed original copy of the subdivision improvements agreement and performance and maintenance guarantees in the amount required by § 580-30.
C.
All improvements installed by the developer shall be constructed
in accordance with the design specifications set by the Borough Council.
The Borough Engineer shall prepare improvement specifications for
all required improvements in cases where no applicable Borough specifications
exist. These specifications shall be provided to developer prior to
preliminary plan approval.
Improvements shall be provided, constructed and installed by the developer as stated in the improvements agreement, shown on the final plan, and in accordance with the design standards set forth in Article V of this chapter. The following improvements will be required in all applicable cases:
A.
Street excavating, grading, subgrade preparation, base course paving
and surface course paving, installed according to Borough specifications.
B.
Curbing, if required by Borough Council. Concrete curbing of the
vertical type, the rolled curb or gutter type, or stabilized shoulder
and drainage swale with no curbing installed according to Borough
specifications, shall be selected by Borough Council prior to final
plan approval. Where curbing is waived by Borough Council, such waiver
shall be granted with the express understanding that curbing shall
be provided at such time or times as Borough Council shall deem it
appropriate.
C.
Sidewalks and walkways, if required by Borough Council. Concrete
sidewalks or interior walkways installed according to Borough specifications.
When sidewalks are waived by Borough Council, such waiver shall be
granted with the express understanding that sidewalks shall be provided
at such time or times as Borough Council shall deem it appropriate.
D.
Sanitary sewer system improvements installed according to the specifications
of the Borough, the Bath Borough Authority and the Pennsylvania Department
of Environmental Protection.
E.
Water supply and distribution system improvements installed according
to the specifications of the Borough, the Bath Borough Authority and
the Pennsylvania Department of Environmental Protection.
F.
Storm drainage system improvements installed according to Borough
specifications.
G.
Monuments shall be installed:
(1)
Permanent stone or concrete monuments shall be accurately placed
at the intersection of all lines forming angles and at changes in
directions of lines in the boundary (perimeter) of the property subdivided.
(2)
Monuments shall be of reinforced concrete with minimum dimensions
of four inches by four inches by 30 inches or stone with minimum dimensions
of six inches by six inches by 30 inches. Concrete monuments shall
be scored on top of the copper or brass dowel (with an indented cross);
stone monuments shall be marked on top with a proper inscription.
At a minimum, permanent pins shall be installed at all lot corners.
(3)
All monuments shall be placed by a registered professional engineer
or surveyor so that the scored point shall coincide exactly with the
point of intersection of the line being mounted.
(4)
Monuments shall be set with their top level with the finished grade
of the surrounding ground, except:
(a)
Monuments which are placed within the lines of existing or proposed
sidewalks shall be so located (preferably beneath the sidewalks) that
their tops will not be affected by lateral movement of the sidewalks;
(b)
Where monuments are located beneath a sidewalk, proper access
shall be provided for their use; and
(c)
Where sidewalks are existing, a stone point (a four-inch-square
chisel cut in the sidewalk with a drill hole in center) may be substituted
for a monument.
H.
Fire hydrants installed according to the specifications of the Borough:
Fire hydrants in residential areas shall be a maximum of 600 feet
apart.
I.
Streetlights and parking lot illumination in accordance with conditions
to be agreed upon by the developer and the Borough Council.
J.
Street signs installed according to Borough specifications.
K.
Shade trees planted according to Borough specifications.
A.
Before the Borough Council approves any final plan and as a prerequisite
for approval, the developer shall deliver to the Borough Council a
performance guarantee in the amount of 110% of the cost of all improvements
required by this chapter, as estimated by developer's engineer and
approved by the Borough Engineer, in a form and with a surety approved
by the Borough Solicitor, guaranteeing the construction and installation
of all such improvements within a stated period, which shall not be
longer than three years from the date of final subdivision approval.
Upon written application signed by both the obligor and surety of
a performance guarantee in a form approved by the Borough Solicitor,
the Borough Council may, at their discretion, extend said period by
not more than two additional years or when the improvements have been
partially completed, reduce proportionally the amount of performance
guarantee, by motion or resolution. In the event of default under
a performance guarantee, the proceeds of the performance guarantee
received by the Borough shall be used to construct and install the
improvements.
B.
Before the Borough Council approves any final plan and as a prerequisite
for approval, the developer shall deliver to the Borough Council a
maintenance guarantee in an amount of not less than 15% of the Borough
Engineer's estimate of the cost of all improvements required by this
chapter, guaranteeing that the developer shall maintain all such improvements
in good condition for a period of 18 months after completion of construction
and installation of all such improvements and approval of all such
improvements by the Borough Council.
C.
Indemnification, hold harmless and insurance requirement.
(1)
Developer shall, prior to commencement of construction, provide to
the Borough such indemnification and hold harmless guarantees as are
deemed appropriate from time to time by Borough Council in consultation
with the Borough Solicitor.
(2)
Other requirements of the above section shall be secured with appropriate
insurance coverages, naming the Borough, its officials and employees,
as additional insureds, in such form and amounts as are reasonably
recommended by the Borough Solicitor, insurance consultant, or both.
A.
When the developer has installed or constructed all required improvements as set forth in § 580-29, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall thereupon file a report, in writing, with the Borough Council, and shall promptly mail a copy of the same 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 aforesaid authorization from the Borough Council; said report shall be detailed and shall recommend approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be recommended for approval by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B.
The Borough Council, or Borough Manager, in its stead, shall notify
the developer, in writing, by certified or registered mail, of the
action of said Borough Council with relation thereto, within 15 days
of receipt of the Engineer's report.
C.
If the Borough Council or the Borough 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 its performance guarantee.
D.
If any portion f the said improvements shall not be approved or shall
be rejected by the Borough, the developer shall proceed to complete
the same and, upon completion, the same procedure of notification
as outlined herein shall be followed.
E.
In the event that any improvements which may be required have not
been installed as provided in this chapter or in accord with the approved
final plan, the Borough Council is hereby granted the power to draw
upon any security provided by developer by appropriate legal and equitable
remedies. If proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Borough Council
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 monies necessary to complete
the remainder of the improvements. All of the proceeds, whether resulting
from the security or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the improvements covered by such security, and related fees and
costs, and not for any other Borough purpose.
