Article 6
Construction of Required Improvements and Dedication

§13-601 Completion of Improvements or Guarantee Thereof Prerequisite to Final Plan Approval.

1.    No plan shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this Chapter and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers, and other improvements as may be required by this or other Borough ordinances have been installed in accordance with such ordinances. In lieu of the completion of any improvements required as a condition for the final approval of a plan, including improvements or fees required pursuant to subsection .9, the applicant or developer may deposit with the Borough financial security in an amount sufficient to cover the costs of such improvements or common amenities including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required. 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 Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to §420 of the act of June 1, 1945, P.L.1242, No. 428, known as the “State Highway Law,” 36 P.S. §670-420.

2.    When requested by the developer, in order to facilitate financing, the Borough Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the Borough Council; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

3.    Without limitation as to other types of financial security which the Borough may approve, which approval shall not be unreasonably withheld, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this Section.

4.    Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth.

5.    Such bond or other security shall provide for, and secure to the public, 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.

6.    The amount of financial security to be posted for the completion of the required improvements shall be equal to 110 percent 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 the 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 percent. Any additional security shall be posted by the developer in accordance with this subsection.

7.    The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon the recommendation of the Borough engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.

8.    If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10 percent for each 1-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110 percent of the cost of completing the required improvements as reestablished on or about the expiration of the preceding 1-year period by using the above bidding procedure.

9.    In the case where development is projected over a period of years, the Borough Council may authorize submission of final plan by Section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

10.    As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough Council to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Borough Council, and the Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the improvements has been competed in accordance with the approved plan. Upon such certification the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed or, if the Borough Council fails to act within said 45-day period, the Borough Council shall be deemed to have approved the release of funds as requested. The Borough Council may, prior to final release at the time of completion and certification by its Engineer, require retention of 10 percent of the estimated cost of the aforesaid improvements.

11.    Where the Borough Council accepts dedication of all or some of the required improvements following completion, the Borough Council may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this Section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15 percent of the actual cost of installation of said improvements.

A.    If at the time the surface courses of streets in the subdivision or land development are completed, 90 percent of the lots are not improved, the developer must post with the Borough financial security in an amount equal to 15 percent of the reasonable cost of the surface course as security to guarantee that damages to the road or street will not occur during the completion of the improvements on the unimproved lots in such developer’s subdivision or land development. For the purpose of this Section, an improved lot shall be considered completed when all building construction and site improvements are finished to the point that in the opinion of the Borough, a certificate of occupancy could be issued. The Borough shall hold such financial security and utilize it to pay for the repair of any damage occurring to the street(s) during the period between the commencement of improvements on any particular unimproved lot and the completion of such improvements irrespective of whether or not it can be established that the damage to the road was caused by contractors or other persons working in and about the construction of such improvements. The financial security shall be in a form acceptable to the Borough.

12.    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 Borough 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 Borough authority and shall not be included within the financial security as otherwise required by this Section.

13.    If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plan as set forth in this Section, the Borough shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plan upon actual completion of the improvements depicted upon the approved final plan. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plan, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. Any ordinance or statute inconsistent herewith is hereby expressly repealed.

(Ord. 2008-2, 6/9/2008, §601)

§13-602 Effect of Plan Recording on Dedication and Reservations.

Recording of the final plan after approval of the Borough Council has the effect of an irrevocable offer to:

A.    Dedicate all streets and other public ways to public use, unless such streets are indicated on said plan as private streets.

B.    Dedicate all neighborhood parks and all areas shown on the plan as being local recreation sites to public use.

(Ord. 2008-2, 6/9/2008, §602)

§13-603 Release from Financial Security.

1.    When the developer has completed all of the improvements as shown on the final plans, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements, enclosing therewith certification by the engineer responsible for the design of the improvements that they have been installed as designed, and shall send copies of the notice and certification to the Borough Engineer. The 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 the 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 the 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 the reasons for such non-approval or rejection. Improvements shall not be considered completed unless the developer can demonstrate compliance with the requirements of this Chapter, and all other applicable ordinances, statutes and regulations. Improvements shall also not be considered complete until as-built plans of all improvements to be dedicated to the Borough and of all streets, whether or not such streets shall be dedicated, have been submitted to the Borough.

2.    The Borough Council shall notify the developer within 15 days of receipt of the engineer’s report, in writing by certified or registered mail, of its action with relation thereto. If the Borough Council or Borough Engineer fails to comply with the time limitation provisions contained herein, or such time limitations as contained in the Municipalities Planning Code, 53 P.S. §10101 et seq., whichever requirements shall contain a longer time period for action by the Borough, all improvements will be deemed to have been approved and the developer’s posted financial security shall be released.

3.    If any portion of the said improvements shall not be approved or shall be rejected by the Borough Council, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

4.    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 the Borough Council or Borough Engineer.

(Ord. 2008-2, 6/9/2008, §603)

§13-604 Remedies to Effect Completion of Improvements.

In the event that any improvements which may be required have not been installed as provided in this Chapter or in accordance with the approved final plan, the Borough Council may enforce any letter of credit or other financial security by appropriate legal and equitable remedies. If proceeds of such financial security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough Council may, at its option, install such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action or recover the monies necessary to complete the remainder of the improvements. All the proceeds, whether resulting from the financial 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. 2008-2, 6/9/2008, §604)

§13-605 Inspection During Construction.

1.    The Borough shall inspect the improvements during construction. The developer shall pay the cost of any such inspection in accordance with the provisions of Article V of the Municipalities Planning Code, 53 P.S. §10501 et seq. The developer shall provide at least 24 hours notice prior to the start of construction of any improvements that are subject to inspection. All inspections of completed items shall be requested, in writing, at least 48 hours in advance of the inspection time and date.

2.    It is generally required that the following phases of site construction have mandatory inspection. This general list of phases may be amended by mutual agreement of the Borough and developer when the site requires special construction procedures. The inspection schedule must be recorded with the final plan or shown on the approved improvement construction plan.

A.    General Site Construction.

(1)    Upon completion of preliminary site preparation including stripping of vegetation, stockpiling of topsoil and construction of temporary erosion and sedimentation control devices.

(2)    Upon completion of rough grading, but prior to placing topsoil, permanent drainage, or other site development improvements and ground covers.

(3)    During the construction of permanent stormwater management and BMP facilities. All storm sewers, culverts, etc. must be inspected prior to backfilling.

(4)    During construction of sanitary sewers and appurtenances, all sanitary sewers must be constructed and inspected in accordance with Borough specifications.

(5)    Upon the final completion of permanent stormwater management and BMP facilities, including the establishment of ground covers and plantings.

(6)    After review of the as-built drawings, required by §13-607 of this Chapter, but prior to final release of the financial guarantee for completion of final grading, vegetative controls required by the BMP standards, or other site restoration work.

B.    Street Construction.

(1)    Preparation of Road Subgrade. At the time of this inspection, the subgrade should be proof rolled and the proposed crown and grade should be checked. It is recommended that a developer’s/contractor’s representative accompanies the observer when the crown and grade are checked. Proof rolling should be performed with a fully loaded, tandem-axle dump truck. This inspection must occur prior to any stone subbase being placed.

(2)    Placement and Compaction of Road Subbase. At the time of this inspection, the depth of subbase should be checked after compaction, the subbase should be proof rolled in the same manner as the subgrade and the crown and grade should be checked again. This inspection must occur prior to any binder or base course being placed.

(3)    Placement and Compaction of the Binder/Base Course. At the time of this inspection, the depth of the binder/base course should be checked, ambient temperature should be monitored (this is important in early spring and late fall days when the temperature can go below acceptable limits, in accordance with PennDOT Specifications, Form 408, as amended), the temperature of the bituminous material should be checked (if possible), and it is recommended that copies of the weight slips for each truckload are obtained. The crown and grade should also be checked again. This inspection must occur prior to the wearing course being placed.

(4)    Placement and Compaction of the Wearing Course. At the time of this inspection, the guidelines for the placement and compaction of the binder/base course should be followed.

C.    In addition to the above outlined inspections, additional inspections will be made at the request of the developer for reduction of financial securities. Random inspections should be made at the frequency desired by the Borough. At the time of any of the above listed inspections, all ongoing construction (i.e., storm drainage, sanitary sewer, water, erosion control, etc.) should also be checked for compliance with the approved plans and the findings reported. Since the above inspections are mandatory, it is recommended that requests for reduction of financial guarantee be submitted to coincide with the above inspections.

(Ord. 2008-2, 6/9/2008, §605)

§13-606 Construction in Accordance with Plans.

All roads and drainage facilities shall be constructed in strict accordance with the approved plans and no changes shall be effected unless the same receive the written authorization of the Borough. Notwithstanding the provisions of this Section, the Borough may require changes during the construction stage where onsite conditions, in the opinion of the Borough, or its duly designated representative, indicates that the adverse effect of stormwater runoff and/or the adverse effect to the roadbed and/or road surface may be minimized by such changes.

(Ord. 2008-2, 6/9/2008, §606)

§13-607 As-Built Plan.

At such time as the construction of the road is found to meet all requirements of this Chapter and the approved plans, as modified, the Developer, prior to offering the road for dedication, shall submit to the Borough a Mylar as-built plan of the road and any stormwater drainage facilities which shall form a part of the permanent records of the Borough. The plan shall be prepared by using the approved final plan as a base plan and shall be made available to the Borough prior to the final inspection of the project. As-built plans shall show the following:

A.    Actual location of all concrete monuments that were set at all angle breaks, points of curvature and tangents around the perimeter of the total tract. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented at the above referenced points.

B. Actual location of all iron pins or drill holes in curbs for all individual lot lines.

C.    Actual cul-de-sac radius.

D.    Actual location of cartway centerline versus right-of-way centerline.

E.    Actual location of floodplain by elevation and dimension from property line.

F.    Actual location and cross section of swales and accompanying easements.

G.    Actual horizontal and vertical location of stormwater management sanitary sewer and waterline facilities including type and size of storm drainage sanitary and waterline pipes.

H.    Detention basin.

(1)    Actual contours of the detention basin.

(2)    Actual outlet structure details including type, size, and inverts of outlet pipes.

(3)    Actual elevation of the embankment and emergency spillway.

(4)    A table showing the stage/storage/discharge curve for the constructed conditions.

(Ord. 2008-2, 6/9/2008, §607)

§13-608 Dedication.

The developer may offer the Borough a deed of dedication, accompanied by a fee to cover recording costs and costs of preparing the resolution of acceptance and recording of the same, for a street(s) in the developer’s subdivision/land development. If the deed is found to be in proper order and there are no violations of any provision of this Chapter, the Borough Council, may at its sole discretion, adopt a resolution accepting the street and, in applicable cases, drainage facility. No street, or in applicable cases, drainage facility, shall be considered finally accepted by the Borough until the deed has been recorded and filed with the applicable offices for filing for Lebanon County, Pennsylvania. Notwithstanding final acceptance of the road or drainage facility, the developer shall remain responsible for maintenance of the same, snow removal excepted, for a period of 18 months from the date of final acceptance. Borough Council will accept streets for dedication only during the period between March 1 and September 1 of each calendar year.

(Ord. 2008-2, 6/9/2008, §608)

§13-609 Development Agreement.

1.    Plan approval may, at the sole discretion of Borough Council, be subject to the signing of a development agreement prepared by the Borough Solicitor pertaining to the laying out of roads, streets, lanes, or alleys and the construction of all improvements including necessary grading, paving, curbs, erosion, and sediment control, gutters, sidewalks, street lights, fire hydrants, water mains, underground electric facilities, landscaping, and traffic control devices, in accordance with the approved plans, where such (or some of them) improvements are required as a condition of the approval of the plan by the Borough Council, within the time or times specified in the approval. The agreement may include any other specified conditions or requirements agreed to by the Borough Council and developer and/or owner.

2.    The developer and/or owner shall reimburse the Borough for the legal fees and filing costs incurred for the preparation and recording of this agreement (or memorandum thereof).

(Ord. 2008-2, 6/9/2008, §609)