[Ord. No. 2002-196, 9/30/2002]
1. Before approving any subdivision plan, the Borough Council shall
require a written agreement that necessary facilities and improvements,
including, but not limited to, grading, paving and street improvements,
sidewalks, streetlights, fire hydrants, water mains and sanitary sewers,
as may be required by the Borough, shall be installed by the developer
in strict accordance with the design standards and specifications
of the Borough within a specified time period. Such agreement shall
be prepared by the Borough Solicitor at the expense of the developer.
2. When requested by the developer in order to facilitate financing,
the Borough Council shall furnish the developer with a signed copy
of a resolution indicating approval of the final plat contingent upon
the developer obtaining satisfactory financial security. The final
plat shall not be signed nor recorded until the financial improvements
agreement is executed. If within 90 days, unless written extension
is granted by the Borough Council, the financial improvement agreement
is not executed, then the resolution or letter of contingent approval
shall expire.
[Ord. No. 2002-196, 9/30/2002]
1. The Borough Council shall ensure, through receipt of certificates
of compliance submitted and attested by the Borough Engineer, that
required improvements have been installed according to the specifications
of the final plat, or alternately require the posting of adequate
surety to cover the cost for such improvements. The Borough Council
shall specify one of the following alternatives for guaranteeing compliance
with the requirements of this Part for the developer requesting final
approval of a plat. The decision of which alternative shall be required
is that of the Borough Council, and final approval of a plat shall
not be granted until the surety required is fully provided.
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 subdivider's
scheduled date of completion. The amount estimated shall be prepared
by a licensed professional engineer for submittal to the Borough by
the applicant or developer. If the amount of the estimated financial
security is contested by the Borough Engineer, a third licensed professional
engineer chosen mutually by the applicant or subdivider and the Borough
shall estimate the amount of financial security necessary, which estimate
shall be presumed fair and reasonable. Fees for the services of the
third engineer shall be paid equally by the Borough and the applicant
or subdivider.
A. Completion of Improvements Prior to Final Approval. Prior to final
plat approval, the subdivider shall complete, in a manner satisfactory
to the Borough Council and the Borough Engineer, all public improvements
required in these regulations specified in the final subdivision plat,
and as approved by the Borough Council and shall dedicate same to
the Borough in accordance with these regulations. Final plat approval
shall not be granted until the dedication of said public improvements
has been accepted by the Borough Council.
B. Guarantee of Future Performance. In lieu of requiring the completion
of all improvements prior to final plat approval, the Borough may,
at its discretion, enter into a contract with the subdivider whereby
the subdivider shall guarantee to complete all improvements required
by this chapter or otherwise specified by the Borough Council in a
manner satisfactory to the Borough Council. To secure this contract,
the developer shall provide, subject to the approval of the Borough
Council, one of the following guarantees:
(1)
Surety Bond. The developer shall obtain a security bond from
a surety bonding company authorized to do business in the State of
Pennsylvania. The bond shall be payable to the Borough and shall be
in an amount sufficient to cover the entire cost, as estimated by
the Borough Engineer, as herein provided for the installation of all
improvements. The duration of the bond shall be until such time as
the improvements are accepted by the Borough in accordance with the
requirements of this chapter.
(2)
Escrow Account. The subdivider shall deposit cash, or other
instruments readily convertible into cash at face value, either with
the Borough or in escrow with a bank. The form of any instruments
other than cash and, in the case of an escrow account, the bank with
which the funds are to be deposited shall be subject to the approval
of the Borough Solicitor. The amount of the deposit shall be at least
equal to the cost, as estimated by the Borough Engineer, of installing
all required improvements, plus 10%. In case of an escrow account,
the subdivider shall file with the Borough Council an agreement between
the financial institution and himself guaranteeing the following:
(a)
That the funds of said escrow account shall be held in trust
until released by the Borough Council and may not be used or pledged
by the developer as security in any other matter during the period;
(b)
And that in the case of a failure on the part of the subdivider
to complete said improvements, the bank shall immediately make the
funds in said account available to the Borough for use in the completion
of those improvements.
(3)
Irrevocable Letter of Credit. An irrevocable letter of credit
in an amount equal to the cost of all required improvements, as estimated
by the Borough Engineer, plus 10%, shall be posted, naming the Borough
Council as beneficiary. The financial institution which provides the
irrevocable letter of credit shall be first approved by the Borough
Council. Failure on the part of the developer to complete said improvements
shall cause the funds posted as an irrevocable letter of credit to
be made available to the Borough upon written notice of a claim against
said funds.
[Ord. No. 2002-196, 9/30/2002]
1. Procedure:
A. When the developer has completed all of the required improvements,
the developer shall notify the Borough Council, in writing, by certified
or registered mail, of the completion of the required improvements
and shall send a copy to the Borough Engineer.
B. 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 indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements
or any portion thereof, shall not be approved or shall be rejected
by the Borough Engineer; said report shall contain a statement of
reasons for such nonapproval or rejection.
C. The Borough Council shall notify the developer, in writing by certified
or registered mail, within 15 days of receipt of the Engineer's
report of the action of said Borough Council with relation thereto.
D. If any portion of the required improvements shall not be approved
or shall be rejected by the Borough Council, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
E. Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question, by legal proceedings
or otherwise, any determination of the Borough Council or the Borough
Engineer.
F. The applicant or developer shall be charged by the Borough of New
Stanton for all fees reasonable and necessary to cover costs incurred
by the Borough for engineering review and inspection of improvements,
as outlined in this Part. In the event that the amount of the expense
is disputed, the following procedures shall be implemented:
(1)
If within 20 days of receipt of the balance of the originally
deposited funds a disagreement with the amounts charged for engineering
review and inspection occurs, a licensed professional engineer shall
be appointed, by mutual agreement, as a third party to review and
determined reasonable and necessary expenses.
(2)
The engineer so appointed shall at his sole discretion review
documentation and hear evidence necessary to render a decision within
50 days of the receipt of the balance in question. The applicant shall
be required to pay the entire amount determined in the decision immediately.
(3)
In the event that within twenty-day period following receipt
of the deposit balance, the Borough and applicant cannot agree on
the appointment of the licensed professional engineer, then upon application
of either party, the Court of Common Pleas of Westmoreland County
shall appoint such engineer. In no case can the engineer so appointed
have provided services to either party within the five years preceding
the appointment.
(4)
The fee of the appointed professional engineer for determining
the reasonable and necessary expenses for review and inspection of
improvements shall be paid by the applicant if the amount of payment
required in the decision is equal to or greater than the original
bill. If the amount of payment required in the decision is less than
the original bill by $1,000 or more, the Borough shall pay the fee
of the professional engineer, but otherwise the Borough and the applicant
shall each pay 1/2 of the fee of the appointed professional engineer.
G. At the time of final approval and prior to the issuance of any required
Borough permit, at 10% deposit shall be made by the applicant with
the Borough for the costs of review and inspection where public utilities
and facilities are proposed. Said 10% shall be calculated as 10% of
the total costs of installation of said public utilities and facilities.
Any funds unexpended at the time of acceptance of the aforementioned
public utilities and facilities shall be returned to the applicant.
[Ord. No. 2002-196, 9/30/2002]
1. In the event that any improvements which may be required have not
been constructed and installed as provided for in the written agreement,
this Part and the requirements of the Borough Council or in accord
with the approved final plan, the Borough Council shall enforce any
corporate bond or other security by appropriate legal and equitable
remedies.
2. 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.
3. 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 not for any other municipal purpose.
[Ord. No. 2002-196, 9/30/2002]
1. Before the Borough Engineer shall issue to the Borough Council a
written certification that all improvements specified and required
have been satisfactorily completed in accordance with the agreement
and requirements relative to the land development and in compliance
with the specifications, standards, ordinances and requirements of
the Borough, the subdivider or developer shall be required to deposit
with the Borough a corporate maintenance bond, or other surety acceptable
to the Borough Solicitor, in such amount, under such conditions, and
in such form as shall be required by the Borough Council. The maintenance
bond shall guarantee the repairs and maintenance by the subdivider
or developer of the streets, roads, pavement, sidewalks, curbs, gutters,
stormwater drains and facilities, sanitary sewer and facilities and
any other improvements constructed and installed in the subdivision
or development for a period of 18 months from the date of final and
official acceptance of the above-said improvements and facilities
by the Borough Council. The amount of the maintenance bond shall not
exceed 15% of the actual cost of installation of said improvements.
2. The repairs and maintenance required to be performed by the subdivider
or developer shall extend only to making good any inherent defects
which become manifested in the materials and workmanship under ordinary
conditions and shall not be held to cover any breakage or damage caused
by improper use or by accident resulting from circumstances over which
the subdivider or developer has no control.
[Ord. No. 2002-196, 9/30/2002]
Upon completion of the inspection, approval of the public improvements, and receipt of the as-built plans specified in Part
6, the developer shall submit a request to the Borough Council, in writing, to accept the dedication of the public improvements. The request for acceptance shall include deeds of dedication, proof of ownership and clear title, and all other legal descriptive documents necessary to prepare a resolution or ordinance and shall be submitted at least 20 days prior to the regular meeting of the Borough Council. At the regular meeting, the Borough Council shall enact a resolution or ordinance accepting the public improvements as part of the Borough's public facilities, subject to the posting of the maintenance bond required by this Part.
[Ord. No. 2002-196, 9/30/2002]
Prior to the end of the eighteen-month period when the maintenance
bond expires and before the maintenance bond is released, the Borough
Engineer shall make a final inspection and certify, in writing, to
the Borough Council that all the public improvements are in good order.
If any repairs are required or maintenance needed, the subdivider
shall be notified in writing, and such repairs or maintenance shall
be done and approved prior to certification by the Borough Engineer.
[Ord. No. 2002-196, 9/30/2002]
The applicant shall be responsible from the time there is at
least one occupant in the proposed development to plow snow and disperse
antiskid material on development roads as may be necessary to provide
ingress and egress to the occupants at the applicant's cost,
prior to the acceptance of dedicated streets. The applicant shall
post with the Borough the sum of $1,000 as an escrow to provide for
snow removal and the dispersal of antiskid material prior to acceptance
of dedication of the streets. All payments to the Borough for said
snow removal and dispersal of antiskid material shall be made from
the escrow fund. In the event that the escrow should become depleted,
the applicant shall post an additional sum of $1,000, and such further
amounts as may be necessary, until such time as the dedication of
the streets is accepted by the Borough.
[Ord. No. 2002-196, 9/30/2002]
1. No road, street, land, way or related improvement shall be accepted
as a part of the highway system of the Borough or for maintenance
unless opened, laid out, graded and improved in strict accordance
with the standards and regulations of the Borough. The requirements,
specifications and standards of construction, material and appurtenances
as designated herein are considered as minimum and the Borough Council
may as it deems advisable revise said specifications and requirements
to secure a higher standard of improvements and community development.
2. No stormwater drainage facilities, sanitary sewer and sewage treatment
facilities, water supply and water distribution system and facilities
or any other facilities or improvements will be accepted as a part
of the Borough's facilities for operation and maintenance unless
designed and constructed in strict compliance with all the standards,
specifications, rules, regulations, ordinances and requirements of
the Borough.
[Ord. No. 2002-196, 9/30/2002]
1. Upon the approval of a final plat, the developer shall, within 90
days of such final approval, or 90 days after the date of delivery
of an approved plat signed by the governing body, following completion
of conditions imposed for such approval, whichever is later, record
such plat approval in the office of the Recorder of Deeds of Westmoreland
County. Whenever such plat approval is required by the Borough, the
Recorder of Deeds of Westmoreland County shall not accept any plat
for recording unless such plat officially notes the approval of the
Borough Council and review by the Westmoreland County Planning Commission.
2. The recording of the plat shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plat.
3. After an approved subdivision plan shall have been officially recorded,
the streets, parks, and other public improvements shown thereon shall
be considered to be a part of the official plan of the Borough.
4. Any nonresidential land development whether occurring on one lot
or on a combination of parcels under single ownership and phased over
a period of years shall be recorded with Westmoreland county as an
approved land development plan following completion of all contemplated
improvements and structures. One Mylar drawing shall be submitted
to the Westmoreland County Recorder of Deeds and two paper copies
filed with the Borough of New Stanton.
[Ord. No. 2002-196, 9/30/2002]
In any case where the Borough Council shall refuse to approve
any plats submitted to them in accordance with this chapter, any person
aggrieved by the action of the Borough Council may appeal as provided
by law to the Court of Common Pleas of Westmoreland County, Pennsylvania.
[Ord. No. 2002-196, 9/30/2002]
If any road or any drainage facilities in connection therewith
shall be opened, constructed, or dedicated for public use or travel,
except in strict accordance with plats approved and recorded as herein
provided, neither the Borough Council nor any public authorities shall
place, construct, or operate any sewer, drain, water pipe or other
facilities, or do any work of any kind, in or upon such road; and
neither the Borough Council nor any other public authorities shall
have responsibility of any kind with respect to any such road or drainage
facilities, notwithstanding any use of the same by the public; provided,
however, that nothing herein contained shall prevent the laying of
trunk sewers, drains, water or gas mains if required by engineering
necessity for the accommodating of other territory.