The Borough will not be required to accept dedication of improvements.
Improvements offered to the Borough for public ownership that the
Borough chooses to accept will be accepted by adopting an ordinance,
resolution, deed, or other formal document of acceptance. Improvements
will be deemed private until the following items are satisfied:
A.
Borough Council and/or Borough Engineer conducts a final inspection
certifying that all improvements have been satisfactorily installed
according to the approved final plan.
B.
All inspection fees are paid.
C.
An appropriate improvements maintenance guarantee has been posted.
D.
A deed of dedication is provided.
Where the Borough has accepted dedication of certain improvements,
it will require the applicant or developer to post financial security
to secure the structural integrity of the improvements and the functioning
of the improvements in accordance with the design and specifications
as shown on the final plan for a term not to exceed 18 months from
the date of acceptance of dedication. The financial security will
be of the same type as otherwise required in this section and the
amount of the financial security will not exceed 15% of the actual
cost of installation of said improvements.
All improvements constructed as required by this chapter that
will not be publicly dedicated or accepted for dedication will meet
the following requirements:
A.
Ownership and maintenance responsibility/entity. A viable entity
responsible for ownership and maintenance of all nondedicated improvements
will be established by the developer and approved by Borough Council.
Ownership and maintenance responsibilities may be assigned to either
the developer or among the property owners or an association of property
owners within the subdivision or land development through the use
of a declaration and other documents approved by Borough Council.
Such documents will be in conformance with the Uniform Planned Community
Act of December 19, 1996, No. 180, (68 Pa. C.S.A. § 5101)
as amended.
B.
Improvements benefiting multiple lots. For all nondedicated improvements
that will not be owned and maintained by the developer and are situated
on an individual lot or a series of contiguous lots but serve multiple
lots, units, or the entire subdivision or land development (e.g.,
stormwater management ponds) the responsibility for ownership and
maintenance of such improvements will be borne by all lot owners benefiting
or served and not solely the lot owner on whose lot the improvements
are situated.
C.
Ownership and maintenance agreement. A private agreement will be
prepared, properly executed, and recorded in the Union County Recorder
of Deeds Office with the final subdivision or land development plan,
will run with the land, and will clearly identify the individual or
entity responsible for the ownership and maintenance of nondedicated
improvements. The agreement will be reviewed and approved by Borough
Council and, at a minimum, will stipulate the following:
(1)
That the owners, an association of property owners, successors and
assigns will keep all improvements in a safe and attractive manner,
and the owners will convey to the Borough easements and/or rights-of-way
to assure access for periodic inspections by the Borough and maintenance
if required.
(2)
That if the owners, association of property owners, successors, and
assigns fail to maintain the improvements following due notice by
the Borough to correct problems, the Borough may perform the necessary
work or corrective action and the owners or association of property
owners will reimburse the Borough for these services and any administrative
costs. The Borough will have the authority to assert a judgment lien
against the said owners or association of property owners for failure
to make the reimbursement(s).
D.
Deed reference. All deeds created for lots that contain nondedicated
improvements will make clear and specific reference as to the following:
(1)
Description of all improvements not dedicated.
(4)
Terms and conditions of the required maintenance.
(5)
Provision that no improvements will be eliminated or altered without
the written approval of Borough Council.
(6)
Provision that in the event improvements are altered, eliminated,
or improperly maintained the Borough may prescribe necessary corrective
measures and a reasonable time period to perform such work. If corrective
action is not taken in the time period specified the Borough may cause
the work to be performed and invoice the ownership and maintenance
entity, including the assertion of a judgment lien against it.
(7)
Provision that all improvements not offered for dedication may be
offered in the future if the improvements meet the minimum standards
of this and/or applicable Borough ordinances in effect at the time
the offer of dedication is made. If the improvements do not conform
to the minimum standards in effect, the improvements must be improved
to meet the standards prior to the offer for public dedication with
all costs to improve the improvements being borne by the owner, association
of property owners, or their successors and assigns. The Borough will
have no obligation to accept the improvements in any case.
