(A) Development agreement required.
(1) All applicants proposing any subdivision or land development which provides for the installation of improvements required by this chapter or any improvements or amenities which appear on the final plan shall be required to enter into a legally binding development agreement with the Borough Council prior to recording of the final plan (or at a date agreed to by Borough Council), unless the applicant agrees to meet § 155.105 concerning the construction of all improvements prior to the construction, of any buildings or the sale of any lots or home sites.
(2) The development agreement shall guarantee the installation of said improvements in strict accordance with all borough requirements.
(3) The final plan shall not be approved for recording prior to the execution of this agreement and the delivery of the performance guarantee.
(B) Terms of development agreement. The development agreement shall be acceptable in legal form to the Borough Solicitor and shall be acceptable in content to the Borough Council. The borough may require that a development agreement include any of the following items, where applicable, and such additional items as are necessary to carry out this chapter:
(1) The construction depicted on the approved plans, listed in itemized format, including all approved streets, drainage facilities, utility lines and other improvements;
(2) A work schedule setting forth the beginning and ending dates of such work tied to the construction of the development and provisions to allow proper inspection by the Borough Engineer;
(3) The provision of a performance guarantee for completion of required improvements in compliance with § 155.108, including a detailed breakdown of the estimated costs of the improvements, including the total amount of the performance guarantee;
(4) Provisions concerning the developer’s responsibilities for damage to other property, including maintenance by the developer of public liability insurance for the duration of improvements construction, with a hold harmless clause to protect the borough from liability related to such work. A copy or other evidence of such liability coverage shall be provided to the borough prior to such work;
(5) Provisions concerning measures to prevent erosion, sedimentation and water damage to the subject and adjacent properties;
(6) Provisions for the dedication of streets, water and sewer lines and any other easements or improvements approved to be dedicated;
(7) See § 155.061 concerning the requirement for a “final” plan;
(8) Provisions for the developer to reimburse the borough for all reasonable engineering costs directly related to the review, construction and inspection of the proposed development and to the review and preparation of the development agreement;
(9) Requirement for “as built” drawings and plans;
(10) Provisions concerning any violations of the development agreement;
(11) Any other lawful terms which the Borough Council may require to carry out the provisions of this chapter; and
(12) Signatures: the development agreement shall be signed by all responsible landowners and/or developers.
(C) Ownership of land and guarantee.
(1) Certificate of ownership. A certificate of ownership shall be executed in the exact name in which title is held. If the developer(s) of subdivision is someone other than the landowner(s) of the subdivision, the developer shall also execute its affidavit, along with a security agreement.
(2) Change in ownership or developer. Any conveyance of all or a substantial portion of the unimproved lots or public improvements or streets of any subdivision or change in developers, whether voluntary or by action of law or otherwise, shall require the prior approval of the borough. In giving or denying said approval, the borough shall require that such new landowner and/or developer fully assume all applicable responsibilities under the development agreement and post all the appropriate security agreements.
(D) Utility agreements. If a development will connect into a public water or public sanitary sewage system, the applicable authority, agency or company may also require separate development agreements.
(Ord. 1432, passed 5-18-2015, Art. 6, § 603)