Chapter 17.44
ASSURANCES FOR COMPLETION

Sections:

17.44.010    Improvements.

17.44.020    Monumentation.

17.44.010 Improvements.

A. When a subdivision is approved subject to conditions requiring the construction or installation of roads, sewer, water, or other improvements, the approved plat may be recorded prior to the completion of the improvements if the applicant meets the following requirements:

1. On a form provided by the engineer, the applicant shall submit to the borough engineer or, if applicable, the city engineer, a design for the bonded improvements and an estimate of the cost of completing all required subdivision improvements. The subdivision improvement cost estimate shall be certified by an engineer or surveyor, as appropriate.

2. Upon acceptance of the cost estimate by the borough engineer, the applicant shall submit to the borough engineer or, if applicable, the city engineer, a bond issued by a qualified corporate surety, guaranteeing payment to the borough or city of 120 percent of the certified subdivision improvement cost.

a. In place of the bond required hereunder, the applicant may offer other suitable surety equal to 120 percent of the certified subdivision improvement cost estimate when approved and signed by the applicant, borough or city engineer, and borough or city attorney.

b. In the event the applicant fails to complete the subdivision improvements within one year or, if applicable, within such other deadline as may be specified in the platting authority’s approval of the plat, the borough or, if applicable, the city shall redeem the surety for construction of required improvement.

B. Surety shall be returned by the borough or city engineer upon completion by the applicant and approval of required improvements. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.50.010.)

17.44.020 Monumentation.

When field monumentation is impractical because of either seasonal or construction restrictions, the applicant may apply for permission from the borough engineer to file the final plat prior to completion of monumentation if all the following conditions are met:

A. The applicant must show that field monumentation is impractical because of either seasonal or construction restrictions beyond the control of the applicant.

B. The applicant must deposit a surety for the estimated actual cost to complete field monumentation with the borough engineer or into a suitable account approved by the borough attorney.

C. The estimated actual cost to complete field monumentation shall be supported by a signed commitment between the applicant and a land surveyor, whereby the surveyor agrees to complete the field monumentation required by this chapter for the “estimated actual cost.”

D. The applicant must agree to complete field monumentation no later than 180 calendar days from the date on which the final plat is recorded.

E. Within 190 calendar days of the date on which the final plat is recorded, the applicant must submit to the borough engineer a certificate signed by a surveyor verifying that the field monumentation required by this chapter has been completed.

F. Upon receipt of the certificate and approval of the required monumentation, a borough engineer shall release the surety.

G. In the event that the applicant fails to complete the field monumentation within 190 calendar days, the borough shall redeem the surety and have the field monumentation completed.

H. Nothing stated in this subsection shall relieve the applicant of the obligation to complete the field monumentation. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.50.020.)