[Ord. 381, 11/14/2005, § 700]
1. Before approving any subdivision or land development plan, Borough
Council shall require a written agreement that necessary grading,
paving and street improvements, sidewalks, street lights, fire hydrants,
water mains, sanitary sewers, storm sewers and stormwater management
facilities, shade trees, landscaping, open space and recreation facilities,
as may be required by the Borough, shall be installed by the developer
in strict accordance with the design standards and specifications
of said Borough, within a specified time period. Such agreement shall
be prepared by the Borough Solicitor at the expense of the developer.
The applicant shall not be required to provide financial security
for the costs of any improvements for which financial security is
required by and provided to the Pennsylvania Department of Transportation
in connection with the issuance of a highway occupancy permit.
2. When requested by the developer in order to facilitate financing,
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 Borough Council, the financial improvement agreement
is not executed, then the resolution or letter of contingent approval
shall expire.
[Ord. 381, 11/14/2005, § 701]
1. Borough Council shall insure, 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. In lieu of completion of the required improvements, Borough Council shall be authorized to accept financial security guaranteeing completion of the required improvements in accordance with Subsection
2, hereof.
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 developer's
scheduled date of completion. The amount estimated shall be prepared
by a licensed professional engineer for submittal to the Borough by
the developer. If the amount of the estimated financial security is
contested by the Borough Engineer, a third licensed professional engineer
chosen mutually by the developer, 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 developer.
3. Completion of Improvements Prior to Final Approval. Prior to final
plat approval, the developer shall complete, in a manner satisfactory
to Borough Council and the Borough Engineer, all improvements required
in these regulations specified in the final plat, and as approved
by 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 improvements has been accepted by Borough Council.
4. Guarantee of Future Performance. In lieu of requiring the completion
of all improvements prior to final plat approval, the developer shall
guarantee the completion of all improvements required by this chapter,
or otherwise specified by Borough Council in a manner satisfactory
to Borough Council. The developer shall provide, subject to the approval
of Borough Council, one of the following guarantees:
A. Surety Bond. The developer shall obtain a security bond from a surety
bonding company authorized to do business in the Commonwealth 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.
B. Escrow Account. The developer 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 developer shall file with
Borough Council an agreement between the financial bank and himself
guaranteeing the following:
(1)
That the funds of said escrow account shall be held in trust
until released by Borough Council and may not be used or pledged by
the developer as security in any other matter during the period.
(2)
That in the case of a failure on the part of the developer 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.
C. 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 Borough
Council as beneficiaries. The financial institution that provides
the irrevocable letter of credit shall be first approved by 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. 381, 11/14/2005, § 702]
1. When the developer has completed all of the required improvements,
the developer shall notify 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.
2. 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 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 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.
3. 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.
4. If any portion of the required improvements shall not be approved
or shall be rejected by Borough Council, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
5. 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 Borough Council or the Borough
Engineer.
6. The applicant or developer shall be charged by the Borough for all
fees reasonable and necessary, to cover costs incurred by the Borough
for engineering review and inspection of improvements, as outlined
in Part 7. In the event that the amount of the expense is disputed,
the procedures outlined in Part 7 shall be implemented.
7. At the time of final approval and prior to the issuance of any required
Borough permit, a 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. 381, 11/14/2005, § 703]
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 chapter and the requirements of Borough Council or in accordance
with the approved final plan, 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, 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. 381, 11/14/2005, § 704]
1. Before the Borough Engineer shall issue to 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 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 Borough Council. The maintenance bond shall guarantee the structural
integrity and the functioning of all improvements required in accordance
with the design and specifications as depicted on the final plat for
a term not to exceed 18 months from the date of acceptance of dedication.
The amount of the maintenance bond shall not exceed 15% of the actual
cost of installation of said improvements.
2. If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Borough, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
[Ord. 381, 11/14/2005, § 705]
Upon completion of the inspection and approval of the public
improvements, the Developer shall submit a request to Borough Council,
in writing, to accept the dedication of the public improvements. The
request for acceptance shall include deeds of dedication 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 Borough Council. At the regular meeting, 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 chapter.
[Ord. 381, 11/14/2005, § 706]
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 Borough
Council that all the public improvements are in good order. If any
repairs are required or maintenance needed, the developer shall be
notified in writing, and such repairs or maintenance shall be done
and approved prior to certification by the Borough Engineer.
[Ord. 381, 11/14/2005, § 707]
The applicant shall be responsible from the time there is at
least one occupant in the proposed development to plow snow and disperse
anti-skid 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 anti-skid material prior to acceptance
of dedication of the streets. All payments to the Borough for said
snow removal and dispersal of anti-skid 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. 381, 11/14/2005, § 708]
1. No road, street, lane, way or related improvement shall be accepted
as a part of the street 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 Borough Council may as it deems
advisable revise said specifications and requirements by amendment
of this chapter 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 systems 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. 381, 11/14/2005, § 709]
1. Upon approval of the final plat, the developer shall within 90 days
of such final approval deliver to the Borough offices the following
plats and documents for Borough signatures:
A. One original mylar and two duplicate mylars and six prints.
B. Four sets of prints of the "as-built" construction drawings and supporting
documents.
C. Executed developer's agreement meeting the requirements of §
22-701, "Performance Requirements," and of §
22-702, "Performance Guarantees," of this chapter.
2. At the time of submittal of the plans and documents as specified
in this section, the developer shall deposit a sum with the Borough
equal to the prevailing fee of the Allegheny County Recorder of Deeds
for recording the original plat to guarantee the recording of the
plat; however, the developer shall be responsible for recording the
original plat. Upon presentation of a certificate evidencing recording
of the plat, the Borough shall refund the deposit.
3. Upon recording of plats, the developer shall provide to the Borough
one duplicate mylar plat and one set of approved construction drawings.
4. 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 comprehensive plan of the
Borough or Borough.
5. Streets, parks and other public improvements shown on a subdivision
plan to be recorded may be offered for dedication to the Borough by
formal notation thereof on the plan, or the owner may note on such
plan that any improvements have not been offered for dedication to
the Borough.
6. Every street, park or other improvement shown on a subdivision plan
shall be deemed to be a private street, park or improvement until
such time as the same shall have been offered for dedication to the
Borough and accepted by ordinance or resolution, or until it shall
have been condemned for use as a public street, park or other improvement.
7. Any land development shall be recorded in the Allegheny County Recorder
of Deeds Office following completion of all contemplated improvements
and structures. One mylar drawing shall be submitted to the Allegheny
County Recorder of Deeds and two paper copies filed with the Borough.
[Ord. 381, 11/14/2005, § 710]
In any case where Borough Council shall refuse to approve any
plat submitted to them in accordance with this chapter, any person
aggrieved by the action of Borough Council may appeal as provided
by law to the Court of Common Pleas of Allegheny County, Pennsylvania.
[Ord. 381, 11/14/2005, § 711]
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 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 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.