Before the final plan is signed and made ready
for recording or prior to the issuance of any permits needed for construction
or occupancy of any subdivision or land development, all applicants
are required to complete to the satisfaction of the Borough Council
all required public improvements in manner set forth in this article.
No final plan shall be approved until the applicant
has either completed all of the improvements required by the Borough
Council for final plan approval, in compliance with the requirements
of this chapter; or provided a proper financial security for those
improvements, as required by this article, in compliance with the
Pennsylvania Municipalities Planning Code,[1] to cover the estimated costs for completion of those improvements.
A.
The work completed or guaranteed shall be in strict
accordance with the approved plans and the requirements of this chapter.
B.
No lot in a subdivision may be sold and no permit
to erect, alter, or repair any building upon land in a subdivision
or land development will be issued unless and until a subdivision
and/or land development plan has been approved, and, where required,
recorded, and until the required improvements in connection therewith
have either been completed or guaranteed for completion as required
herein.
C.
D.
Deferral or waiver of required improvements. The Borough
Council may defer or waive at the time of final plan approval, subject
to appropriate conditions, the provision of any or all required improvements
as in its judgment are not requisite in the interests of public health,
safety and welfare, or which are inappropriate due to the inadequacy
or inexistence of connecting facilities. A separate public improvement
agreement may be executed by the Borough Council guaranteeing completion
of any deferred improvement.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
In lieu of the completion of improvements required
for final plan approval, financial security in an amount required
shall be guaranteed to the Borough of Schwenksville in compliance
with the applicable requirements of the Pennsylvania Municipalities
Planning Code.[1] Such financial security shall assure the complete installation
of all the required improvements to be completed on or before the
date fixed in the plan approval, subdivision agreement and/or development
agreement for completion of such improvements.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
The amount of such security to be posted for the completion
of required improvements 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 of Schwenksville may adjust
the amount of the required financial security by comparing the actual
cost of improvements which have been completed and the estimated cost
for the completion of the remaining improvements as of the expiration
of the ninetieth day after the original scheduled date for completion
or a rescheduled completion date.
C.
In determining the cost of the completion of improvements
for setting the amount of financial security required in 147-49B,
such cost shall be based upon an estimate of the cost of completion
of required improvements submitted by the applicant or developer and
prepared by a professional engineer and certified to be fair and reasonable.
The Borough of Schwenksville, under recommendation of the Borough
Engineer, may refuse to accept the estimate for good reasons provided
to the applicant. If the applicant or developer and the Borough of
Schwenksville are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
which is mutually chosen by the Borough of Schwenksville and the applicant.
The estimate certified by the third engineer shall be presumed to
be fair and reasonable and shall be the final estimate.
D.
When requested by the applicant in order to facilitate
financing, the Borough Council shall furnish the applicant with a
signed copy of a resolution indicating approval of the final plan
contingent upon the applicant obtaining a satisfactory financial security.
Final plans will not be signed or recorded until the financial improvements
agreement is executed. The resolution of the contingent approval shall
expire and be deemed to be revoked if the financial security agreement
is not executed within 90 days, until a written extension is granted
by the Borough Council.
E.
The Borough of Schwenksville, at its option, may accept
financial security in cash in the form of an irrevocable letter of
credit, escrow account or survey bond with a bonding company or commonwealth
or federal chartered lending institution chosen by the party posting
financial security provided said institution or company is authorized
to conduct such business in the Commonwealth of Pennsylvania.
F.
Type of security.
(1)
Without limitations as to the type of financial security
which the Borough may approve, which approval shall not be unreasonably
withheld, irrevocable letters of credit from a federal- or commonwealth-
chartered lending institution and/or restrictive or escrow accounts
in such lending institutions shall be deemed acceptable financial
security for the purposes of this section.
(2)
Such financial security shall be posted with a bonding
company or federal- or commonwealth- chartered lending institution
chosen by the applicant posting the financial security, provided said
bonding company or lending institution is authorized to conduct business
within the commonwealth.
The Borough of Schwenksville may release all
or parts of the posted financial security as completion of improvements
proceeds, in compliance with the applicable requirements of the Pennsylvania
Municipalities Planning Code.[1]
A.
Partial release. As the work of installation of the
required public improvements proceeds, the party posting the financial
security may request Schwenksville Borough to release or authorize
the release, from time to time, such portions of the financial security
necessary for the payment of the contractor or contractors performing
the work. Any such request shall be in writing addressed to Schwenksville
Borough. Upon receipt of the request for release of a portion of the
improvement security, Schwenksville Borough shall within 45 days allow
the Schwenksville Borough Engineer to certify, in writing, that such
portion of the public improvements has been completed in accordance
with the approved plan at which time Schwenksville Borough shall authorize
the release to the applicant or his designee by the bond company or
lending institution of an amount of funds that the Schwenksville Borough
Engineer feels fairly represents the value of the work completed.
If Schwenksville Borough fails to act upon a request for release of
security within 45 days, Schwenksville Borough shall be deemed to
have approved the full release of security as requested.
B.
Incomplete improvements. If the required improvements
are not completely installed within the period fixed or extended by
the Borough Council, the Council may declare the financial security
in default and require that all improvements be installed regardless
of the extent of the building development at the time the agreement
is declared in default; suspend final plan approval until the development
improvements are completed and record a document to that effect for
the purpose of public notice; obtain funds under the security and
complete improvements; assign the right to receive funds under the
security to any third party, including a subsequent owner of the property
wherein improvements were not completed in exchange for that subsequent
owner's promise to complete improvements; and/or exercise any other
available rights under the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
Postcompletion security. The applicant shall be responsible for maintenance of all improvements until they are offered for dedication and accepted by the Borough. Ten percent of the financial security may be held back until a maintenance guarantee has been posted by the applicant, as required in § 147-49.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Notice. The Borough Engineer shall be notified 48
hours in advance of the commencement of any construction or installation
operation, in order that provision may be made for inspection by the
Borough. Construction and installation operations shall also be subject
to inspection by the Borough officials during the progress of the
work. The subdivider, developer or builder shall pay the reasonable
and necessary expenses for inspections, in accordance with the fee
schedule established by resolution of the Borough of Schwenksville.
B.
Improvement specifications. All required road improvements
shall be constructed in accordance with the applicable provisions
of the Pennsylvania Department of Transportation, Form 408, current
edition, including the latest revisions and other applicable regulations.
All other required improvements shall be constructed in accordance
with approved specifications found in the Schwenksville Borough Engineering
Standards.
(1)
Specifications. The specifications will be furnished
to the applicant by the Borough of Schwenksville. If any of the specifications
are unavailable at the Borough office, the Borough Engineer shall
provide the applicable specifications.
(2)
Sample of materials. During or after construction
of any required improvement, if the Borough requires a sample of materials,
said sample shall be furnished by the appropriate contractor, in a
form specified by the Borough Engineer.
C.
Delivery slips. Copies of all delivery slips from
materials used in the construction of any storm sewers, sanitary sewers,
roads, curbs, sidewalks, or any other facility within a Borough right-of-way
or easement shall be supplied to the Borough of Schwenksville.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including but not limited to road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or development of the site. All such improvements or contributions for future off-site improvements shall be considered voluntary and will not be refunded to the developer. The developer may also be requested to cover certain costs which must be incurred by the Borough of Schwenksville or other governmental jurisdiction in order to make these improvements feasible. The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those prescribed in § 147-49.
A.
Conditions. The Borough shall have no obligation to
accept dedication of any street or other improvement unless:
(1)
The required improvements, utility mains and laterals,
and monuments shown on the approved plan or plans have been constructed
to meet all requirements, and are free of defects or deterioration.
(2)
It is established to the satisfaction of the Borough
Council that there is a need for the dedication of improvements.
B.
Acceptance. The Borough shall have no responsibility
with respect to any street or other improvement, not withstanding
the use of the same by the public, unless the street or other improvement
is accepted by an ordinance (or resolution) adopted by the Borough
Council.
When the Borough Council accepts dedication
of required improvements following their completion, the Council shall
require posting of financial security by the applicant to secure the
structural integrity and functioning of these improvements in accordance
with the design and specifications as depicted on the approved final
plan.
Where the maintenance of improvements is to
be the responsibility of individual lot owners, a homeowners' association
or similar entity, or an organization capable of carrying out maintenance
responsibilities, the Council shall require that maintenance responsibilities
be set forth in perpetual covenants or deed restrictions binding on
the landowners' successors in interest, and may further require that
an initial maintenance fund be established in a reasonable manner.
Before the Borough Council shall cause its approval
to be endorsed upon the final plans of any subdivision or land development
(except in the case of minor subdivisions wherein the Borough Council
imposes no condition or conditions for the approval of the plan),
and as a requirement for the approval thereof, the owners shall enter
into a written agreement with the Borough of Schwenksville in the
manner and form set forth by the Borough Solicitor which shall include
but not be limited to the following:
A.
To construct or cause to be constructed, at the owners'
expense, all streets, curbs, sidewalks, fire hydrants, streetlights,
drainage facilities, water and sewer facilities, street signs, monuments,
capped sewers, parks, and other improvements shown on said final plan
when required to do so by the Borough Council in accordance with the
standards and specifications of the Borough of Schwenksville.
B.
To maintain at the owners' cost and expense said streets,
curbs, sidewalks, drainage facilities, water and sewer facilities,
street signs, parks, monuments, fire hydrants, streetlights, capped
sewers, and other improvements, until the same are accepted or condemned
by the Borough of Schwenksville for public use, and for a period of
18 months from when such repair or reconstruction shall be specified
by the Borough Council as necessary by reason of faulty construction,
workmanship, or materials, and at or before acceptance of such improvements
by the Borough of Schwenksville.
C.
To install, or cause to be installed, at the owners'
expense and without any cost to the Borough of Schwenksville for any
part of such installation, streetlighting facilities on all streets
in or abutting the subdivision.
D.
To pay all costs, charges or rates, of the utility
furnishing electric service for the relighting of the streets on or
abutting said subdivision, from the lights installed by the owner,
until such time as the streets shown on the subdivision plans shall
be accepted as public streets of the Borough of Schwenksville by resolution
approved by the Court of Quarter Sessions or condemnation proceedings,
and to indemnify and save harmless the Borough of Schwenksville from
and against all suits, actions, claims, and demands for electric service
to the streets shown on said plans, or any part thereof, to the time
that said streets shall be accepted as public streets of the Borough
of Schwenksville in the manner hereinabove set forth.
E.
Pay the inspection fees required by the Borough of
Schwenksville.
F.
To obtain the easements and releases required when
any street, drainage facility or other improvement wherein a subdivision
abuts or traverses land of persons other than the person holding legal
title to the lands of the subdivision at his own cost and obtain from
the owner of the lands so abutted or traversed full releases form
all damages which may change in grade, construction, or otherwise
of the street, drainage facility or other improvements and such releases
shall insure to the benefit not only of the owner of the subdivision
but to the Borough of Schwenksville as well.
G.
To promptly remove or cause to be removed snow from
the streets as may be required for safe traverse of the streets prior
to dedication.
H.
To promptly reimburse to the Borough of Schwenksville
reasonable attorneys' and engineers' fees.
I.
Such other provision(s) as deemed necessary or desired
by the Borough Council.
