[Ord. No. 2021-272, 3/2/2021]
1. A completion guarantee or financial security in the form of a bond,
cash deposit, cashier's check or other negotiable securities
acceptable to the Borough shall provide for, and secure to the Borough,
the completion of any improvements which may be required on or before
the date fixed in the formal action of approval or accompanying agreement
for completion of the improvements. The guarantee or security shall
cover any and all stormwater management facilities, BMPs, erosion
and sedimentation controls and other required improvements (collectively,
"improvements") and 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 Borough may adjust the amount of financial
security by comparing the actual cost of the 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 either the
original date scheduled for completion or a rescheduled date of completion.
Subsequent to said adjustment, the Borough may require the developer
to post additional security in order to assure that the financial
security equals said 110%. Any additional security shall be posted
by the developer in accordance with this subsection.
2. The amount of the completion guarantee or financial security required
shall be determined by the Borough Engineer based upon cost estimates
provided by the design professional. Any dispute involving the amount
of the guarantee or financial security shall be settled utilizing
the provisions of Section 509(g) of the Municipalities Planning Code.
[Ord. No. 2021-272, 3/2/2021]
The completion guarantee or financial security shall be returned or released upon written certification by the Borough Engineer or a designated agent thereof that improvements and facilities have been installed and completed in accordance with the approved plan and specifications and upon receipt of the required record drawings and completion certificate as described in §
26-506 of this chapter and receipt of the required structural integrity maintenance guarantee as described in §
26-705 of this chapter and upon payment of all applicable costs associated with reviews, approvals and inspections. The procedures for requesting and obtaining a release of the completion guarantee or financial security shall be in a manner prescribed by the Section 510 of the Municipalities Planning Code.
[Ord. No. 2021-272, 3/2/2021]
If improvements are not installed in accordance with the approved
final plans, the Council of the Borough of New Stanton may enforce
any corporate bond or any security 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 New Stanton Borough
Council may at its option install part of such improvements in all
or part of the development and may institute appropriate legal or
equitable action to recover the monies necessary to complete the remainder
of the improvements. All 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 costs associated with the installation
of the improvements covered by such security and not for any other
municipal purpose.
[Ord. No. 2021-272, 3/2/2021]
1. When streets, sanitary sewers, stormwater management facilities, BMPs,
erosion and sedimentation controls or other required improvements
in the development have been completed in accordance with the final
plans, such improvements shall be deemed private until such time as
they have been offered for dedication to the Borough and accepted
by separate ordinance or resolution or until they have been condemned
for use as a public facility. The Borough shall be under no obligation
to accept such facilities or controls unless and until the Borough
so determines that it is in the best interest of the Borough to do
so.
2. Prior to acceptance of any improvements or facilities, the Borough
Engineer shall inspect the same to ensure that the same are constructed
in accordance with the approved plans and are functioning properly.
3. The owner shall submit as-built plans for all facilities proposed
for dedication.
[Ord. No. 2021-272, 3/2/2021]
1. Prior to acceptance of any improvements or facilities, the applicant
shall provide financial security to secure the structural integrity
and functioning of the improvements. The security shall:
A. Be in the form of a bond, cash, cashier's check or other negotiable
securities acceptable to the Borough.
B. Be for a term of 18 months.
C. Be in an amount equal to 15% of the actual cost of the improvements
and facilities so dedicated.
[Ord. No. 2021-272, 3/2/2021]
1. The Borough Council may adopt by resolution, from time to time, a
reasonable schedule of fees and expenses to cover the cost of review
and report fees, including reasonable and necessary charges by the
Borough's professional consultants, involving but not limited
to, presubmitted and preconstruction meetings, plan reviews, inspections
and other activities necessary to administer, monitor and enforce
the provisions of this chapter. All fees and expenses shall be set
in accordance with the applicable provisions of the Municipalities
Planning Code, 53 P.S. § 10101 et seq, including § 10503(1)
and § 10510(g); and any dispute over the fee and expense
amount shall be resolved in the manner prescribed by the Municipalities
Planning Code.
2. The Borough shall be reimbursed for all internal and external costs
incurred in relation to the review, consideration and inspection of
stormwater management applications and the improvements made thereto
and said fees and costs shall be charged to an applicant. The schedule
of fees shall be as described in Appendix E of this chapter. The Council of the Borough of New Stanton may by resolution,
from time to time, revise and/or amend the schedule of fees to cover
the cost of administrative and clerical processing, attendance at
meetings including presubmitted and preconstruction meetings, plan
and calculation reviews, O&M plan and agreement reviews, site
and construction inspections, post-construction inspections and all
activities necessary to administer, monitor and enforce the provisions
of this chapter. All external fees and expenses shall be billed to
the applicant at a rate no more than the actual costs and expenses
charged by professional consultant(s).
3. In the event that the Borough and the applicant cannot agree to the
amount of fees and expenses, the Borough and the applicant shall resolved
the dispute in the manner prescribed by the Municipalities Planning
Code.