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A. All rights-of-way of existing or new streets within the boundaries
of a subdivision or land development should be conveyed to the Borough
free and clear of all liens and encumbrances, with good and marketable
title which is insurable by a reputable title company doing business
in Pennsylvania. All Borough rights-of-way shall be conveyed in "fee
simple" and all PennDOT rights-of-way in permanent easements.
B. Physical improvements to the proposed subdivision or land development
tract shall be provided, constructed and installed as shown on the
final plan and in accordance with the requirements of this chapter.
C. As a condition for the approval of the final plan, the developer
shall execute an agreement with the Council as to the installation
of all improvements shown on the plan and required by this chapter.
Before the final plan may be endorsed by the Board of Supervisors,
the Subdivision Improvements Agreement shall be executed by the developer
and the Council.
D. All improvements installed by the developer shall be constructed
in accordance with the design specifications as may be referenced
in Article IX of this chapter or as may be otherwise approved by the
Council, subject to the recommendations of the Borough Engineer.
E. The supervision of the installation of the improvements as required
by this chapter shall be the responsibility of the Borough Engineer,
except that the installation of those improvements which are to be
dedicated to governmental entities other than the Borough shall be
supervised by engineers representing those entities.
The following improvements shall be provided, constructed and
installed by the developer as shown on the final plan and in accordance
with the "Stockertown Borough Standards For Improvements Construction,"
hereinafter to be known as the "Borough standards," adopted and amended
from time to time by resolution of the Council.
A. Streets, curbs and sidewalks shall be constructed in accordance with
the Borough standards or PennDOT standards, whichever is more stringent.
B. Sanitary sewers and all related appurtenances shall be constructed
in accord with the specifications as may be adopted from time to time
by the appropriate Authority which are made part of the Borough standards
by reference.
C. Water supply and distribution related improvements including fire
hydrants, shall be constructed in accord with the specifications as
may be adopted from time to time by the Easton Suburban Water Authority
or successors, which are made part of the Borough standards by reference.
D. Stormwater management plan-related improvements shall be constructed
in accord with the Borough standards.
E. Monuments and markers shall be placed in accord with the Borough
standards.
F. Streetlights, where required, shall be installed in accord with the
Borough standards.
G. Street and traffic signs shall be installed in accord with the Borough
standards.
H. Tree planting and landscaping shall be accomplished in accord with
the Borough standards.
Before the Council shall endorse its approval on the final plan
of any subdivision or land development involving improvements as may
be required by this chapter, the developer shall enter into a written
agreement with the Council in the manner and form set by the Borough
Solicitor, where the developer agrees as follows:
A. To construct or cause to be constructed at his or her own expense,
all streets, curbs, sidewalks, sanitary sewers, water supply and distribution
systems, fire hydrants, stormwater management facilities, monuments
and markers, streetlights, street signs, tree planting and landscaping,
recreation facilities, and any other improvements shown on the final
plan as otherwise approved, and in accordance with the requirements
of this chapter.
B. To maintain at his or her own cost, the said streets, curbs, sidewalks,
sanitary sewers, water supply and distribution systems, fire hydrants,
stormwater management facilities, monuments and markers, street signs,
tree planting and landscaping, recreation facilities, and any other
improvements shown on the final plan until the same are accepted by
resolution of the Borough Council and/or public authorities and for
a period of 24 months thereafter and to repair the same as directed
by the Council and/or public authority for reason of lack of structural
integrity or failure to properly function.
C. To pay the Borough's inspection, other engineering and legal
fees as related to the creation and enforcement of said agreement.
D. To obtain any easements or releases from all damages which may be
necessary for the construction of any improvement which traverses
lands of persons other than the developer. Said releases shall insure
to the benefit of the Borough and/or public authority as well as to
the developer.
E. Traffic signals.
(1) Whenever a traffic signal is required for traffic control to a single
nonresidential lot or development, the owner of said lot or development
will be required to install, operate and maintain the signal(s) in
perpetuity, at no cost to the Borough. The perpetual operation and
maintenance shall include the signal lights, support structures, controllers,
pavement markings, payment of electricity costs and other items essential
to the traffic signal. All signalization controls shall meet the requirements
of all applicable PennDOT Publications and Borough Standards within
Appendix F of this chapter.
(2) Owner shall provide the Borough with an agreement which states that
the owner, his heirs, or assigns will be responsible for the operation
and maintenance of the traffic signal(s). Additionally, the owner
shall provide an agreement indicating that the traffic signal and
appurtenances will be maintained by a company qualified and bonded
in the maintenance of traffic signals. All agreements required for
private ownership and maintenance of traffic signals shall be recorded
in the office for the Recorder of Deeds in and for Northampton County.
A. Before the Council approves any final plan and as a prerequisite
for approval, the developer shall deliver to the Council, public utility,
and/or municipal authority, a performance guarantee in the amount
of 110% of the cost of all improvements required by this chapter,
plus 5% of the cost of all improvements for engineering/layout, plus
5% of the cost for inspection, as determined in accordance with the
procedures set forth in the Pennsylvania Municipalities Planning Code
(53 P.S. § 10509 and following), as amended, and as is in
effect at the time of the filing, in a form and with a surety as determined
in accordance with the procedures as set forth in the Pennsylvania
Municipalities Planning Code, as amended, guaranteeing the construction
and installation of all such improvements on or before the date fixed
in the formal action of approval or accompanying agreement for completion
of the improvements. The terms of the agreement may be extended as
provided for in the Pennsylvania Municipalities Planning Code, as
amended. If the party posting the financial security requires more
than two years from the date of posting of the financial security
to complete the required improvements, the amount of financial security
may be increased as provided for in the Pennsylvania Municipalities
Planning Code, as amended. In the event of default under a performance
guarantee, the proceeds of the performance guarantee received by the
Boroughs, public utility, or municipal authority shall be used to
construct and install the improvements.
B. Before the Council approves any final plan, and as a prerequisite
for approval, the developer shall deliver to the Council, public utility,
and/or municipal authority a maintenance guarantee in an amount of
not less than 15% of the actual cost of the installation of all improvements
required by this chapter, guaranteeing acceptance of all such improvements
by the Council, public utility, and/or municipal authority.
A. The procedure for inspecting and approving the improvements and for
the release of the performance guarantee by the Council shall be in
accord with the Pennsylvania Municipalities Planning Code, as amended.
B. In the event that any improvements which may be required have not
been installed as provided in this chapter or in accord with the approved
final plan, the Council is hereby granted the power to enforce any
corporate bond, or other 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 Council may, at
its option, install part of such improvements in all or part of the
subdivision or land development and may institute appropriate legal
or equitable action to recover the monies necessary to complete the
remainder of the improvements. All of the 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.
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