[Amended 1-3-1995 by Ord. No. 1995-3]
The Planning Commission may require that the
following materials shall be submitted with an application for approval
of a final plan. Final plans shall conform in all important details
with preliminary plans as previously approved, and any conditions
specified in the approval of preliminary plans shall be incorporated
in the final plans.
A.
Eight copies of the subdivision or land development
plan in the form of a map or series of maps, drawn to a scale of not
smaller than 200 feet to the inch on sheets 8 1/2 by 11 inches,
18 by 24 inches or 24 by 36 inches. Where more than one sheet is required,
an index map of the entire subdivision or land development at a smaller
scale shall be shown on a sheet of the same size. The Planning Commission
may require final plans at a scale of 50 feet to the inch as a condition
of preliminary plan approval to assure legibility in cases warranted
by the complexity of the proposal. At least one copy of such map shall
be made on linen, or acetate, or comparable materials, and the error
of closure shall not be more than one part in 10,000. Such final subdivision
plans shall show:
B.
Eight copies of a utility map or maps showing tract
boundaries, existing and proposed streets, lot lines, sanitary and
storm water sewer facilities, water pipes, curbs, sidewalks, fire
hydrants, and manholes.
C.
Eight copies of profile and cross-section maps or
diagrams of streets showing proposed grades of curbs, sanitary and
storm water sewers, water pipes and other underground utilities.
D.
A statement of the type of types of structures to
be erected, and a summary table of the number of structure and dwelling
units proposed.
E.
Evidence that the plans are in conformity with building,
zoning, sanitation and other applicable Borough ordinances and regulations
and with the regulations governing the extension of utility services
into the Borough. In any instance where such plans do not conform,
evidence shall be presented that an exception has been officially
authorized.
F.
Evidence that the applicant has installed the necessary streets and other improvements as required in § 180-29 in accordance with Borough standards and specifications, or that the applicant has furnished the Borough with guarantee or surety in accordance with the provisions of this chapter for the completion of said improvements.
A.
One copy of each subdivision plan and one copy of
utility maps and streets profiles received by the Borough Secretary
shall be transmitted to the Borough Planning Commission for its review,
or for review by its subdivision committee. The Commission or its
committee shall report back to the Borough Secretary whether the final
plans as submitted are in sufficient agreement with previously submitted
preliminary plans to warrant detailed engineering in review.
B.
On receipt of the Planning Commission's favorable
report, the Borough Secretary shall forward one copy of the subdivision
plan and one copy of utility maps and street profiles to the Engineer
for his review as to the adequacy and estimated cost of construction
of required public improvement. In the event that the Planning Commission
finds that the applicant has made substantial changes in his plans
since the preliminary plans were approved, the Commission shall so
notify the Borough Secretary and shall review the plans according
to the procedure for preliminary plans.
D.
The Borough Secretary shall not place consideration of the plan on the agenda of the Borough Council prior to receipt by the Borough of a favorable report from the Department of Environmental Protection regarding the official plan revision. However upon receipt of said favorable report the Borough Secretary shall notify the applicant of the time and place of the meeting at which the plans shall be considered, but in no event shall said plans be considered at a meeting later than provided in Subsection E hereof.
E.
All applications for approval of a final plat shall
be acted upon by the Borough Council and its decision communicated
to the applicant not later than 90 days following the date of the
regular meeting of the Borough Council or the Planning Commission
(whichever first reviews the application) next following the date
the application is filed, provided that should the said next regular
meeting occur more than 30 days following the filing of the application,
the said ninety-day period shall be measured from the 30th day following
the day the application has been filed.
(1)
The decision of the Borough Council shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision.
(2)
When the application is not approved in terms as filed
the decision shall specify the defect found in the application and
describe the requirements which have not been met and shall, in each
case, cite to the provisions of the statute or ordinance relied upon.
(3)
Failure of the Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
required herein shall be deemed an approval of the application in
terms as presented unless the applicant has agreed in writing to an
extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
(4)
Public hearing. Before acting on any application,
the Borough Council may hold a public hearing thereon after giving
public notice.
A.
No plat shall be finally approved unless the streets
shown on such plat have been improved to a mud-free or otherwise permanently
passable condition, or improved as may be otherwise 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 chapter have been installed
in accordance with this chapter. In lieu of the completion of any
improvements required as a condition for the final approval of a plat,
including improvements or fees otherwise required by this chapter,
the developer may deposit with the Borough financial security in an
amount sufficient to cover the costs of such improvements or common
amenities including basins and other related drainage facilities,
recreational facilities, open space improvements, or buffer or screen
plantings which may be required.
B.
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 plat
contingent upon the developer obtaining a satisfactory financial security.
The final plat 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.
C.
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.
D.
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.
E.
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.
F.
The amount of financial security to be posted for
the completion of the 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 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%. Any
additional security shall be posted by the developer in accordance
with this subsection.
G.
The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements,
submitted by the 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.
H.
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% for each one-year period beyond
the first anniversary date from posting of financial security or to
an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period by using the above bidding procedure.
I.
In the case where development is projected over a
period of years, the Borough Council may authorize submission of final
plats by sections 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.
J.
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, of 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
completed in accordance with the approved plat. 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 forty-five-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% of the estimated cost of the aforesaid improvements.
K.
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 plat 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% of the actual cost of installation of said improvements.
L.
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 municipal 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 municipal authority and shall not be
included within the financial security as otherwise required by this
section.
M.
If financial security has been provided in lieu of
the completion of improvements required as a condition for the final
approval of a plat 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 plat upon actual
completion of the improvements depicted upon the approved final plat.
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 plat, 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.
A.
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Borough
Council, in writing, by certified or registered mail, of the completion
of the aforesaid improvements and shall send a copy thereof 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 reasons for such nonapproval or
rejection.
B.
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 the action of said Borough Council with relation
thereto.
C.
If the Borough Council or the Borough Engineer fails
to comply with the time limitation provisions contained herein, all
improvements will be deemed to have been approved and the developer
shall be released from all liability, pursuant to its performance
guaranty bond or other security agreement.
D.
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.
E.
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 the Borough
Engineer.
F.
Where herein reference is made to the Borough Engineer,
he shall be as a consultant thereto.
G.
The applicant or developer shall reimburse the Borough
for the reasonable and necessary expense incurred for the inspection
of improvements according to a schedule of fees adopted by resolution
of the Borough Council and as from time to time amended. Such expense
shall be reasonable and in accordance with the ordinary and customary
fees charged by the Borough Engineer or consultant for work performed
for similar services in the community, but in no event shall the fees
exceed the rate or cost charged by the Engineer or consultant to the
Borough when fees are not reimbursed or otherwise imposed on applicants.
(1)
In the event the applicant disputes the amount of
any such expense in connection with the inspection of improvements,
the applicant shall, within 10 working days of the date of billing,
notify the Borough that such expenses are disputed as unreasonable
or unnecessary, in which case the Borough shall not delay or disapprove
a subdivision or land development application or any approval or permit
related to development due to the applicant's request over disputed
Engineer expenses.
(2)
If, within 20 days from the date of billing, the Borough
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and the Borough shall
jointly, by mutual agreement, appoint another professional engineer
licensed as such in the Commonwealth of Pennsylvania to review the
said expenses and make a determination as to the amount thereof which
is reasonable and necessary.
(3)
The professional engineer so appointed shall hear
such evidence and review such documentation as the professional engineer
in his or her sole opinion deems necessary and render a decision within
50 days of the billing date. The applicant shall be required to pay
the entire amount determined in the decision immediately.
(4)
In the event that the Borough and applicant cannot
agree upon the professional engineer to be appointed within 20 days
of the billing date, then, upon application of either party, the President
Judge of the Court of Common Pleas of the judicial district in which
the Borough is located (or if at the time there be no President Judge,
then the senior active judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Borough Engineer nor any professional
engineer who has been retained by, or performed services for, the
Borough or the applicant within the preceding five years.
(5)
The fee of the appointed professional engineer for
determining the reasonable and necessary expenses shall be paid by
the applicant if the amount of payment required in the decision is
equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the Borough shall pay the fee of the professional engineer,
but otherwise the Borough and the applicant shall each pay 1/2 of
the fee of the appointed professional engineer.
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 plat the Borough Council is hereby
granted the power to enforce any corporate bond, or other security
by appropriate legal and equitable remedies. If the 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 Borough 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 moneys 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.
