[Ord. No. 589-21-01, 6/16/2021]
1.
A completion guarantee or financial security in the form of a bond,
cash deposit, cashier's check or other negotiable securities
acceptable to Manor Borough shall provide for, and secure to Manor
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 Manor 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, Manor 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 guarantee or financial security required shall
be determined utilizing the provisions of § 509 (g) of the
Municipalities Planning Code.
[Ord. No. 589-21-01, 6/16/2021]
The completion guarantee or financial security shall be returned
or released upon written certification by the Borough Engineer or
a designated agent that improvements and facilities have been installed
and completed in accordance with the approved plan and specifications.
The procedures for requesting and obtaining a release of the completion
guarantee shall be in a manner prescribed by the § 510 of
the Municipalities Planning Code.
[Ord. No. 589-21-01, 6/16/2021]
If improvements are not installed in accordance with the approved
final plans, the Borough Council of Manor Borough 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 Manor 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 installation of the improvements
covered by such security and not for any other Borough purpose.
[Ord. No. 589-21-01, 6/16/2021]
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 Manor Borough and accepted
by separate ordinance or resolution or until they have been condemned
for use as a public facility. Manor Borough shall be under no obligation
to accept such facilities or controls unless and until Manor Borough
so determines that it is in the best interest of Manor 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. 589-21-01, 6/16/2021]
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:
[Ord. No. 589-21-01, 6/16/2021]
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, pre-submitted and pre-construction 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 § 503(1)
and § 510(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.[1] The Council of the Borough of Manor 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 pre-submitted and pre-construction 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).
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
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.
