The subdivider shall meet with the Planning Commission and Borough
Council, or their designated representative, regarding methods of
sewage disposal and water supply prior to formal application and shall
prepare suitable sketches and plans sufficient to give a general understanding
of his proposal.
A preliminary plan in quadruplicate shall be submitted to the
Planning Commission for approval, accompanied by a list containing
the names and addresses of the owners of all parcels of land one acre
or larger in area adjacent to the subdivision, together with any proposed
subdivision regulations restricting the use of the lots therein.
A.
The Planning Commission shall, at its next regular or special meeting, with the owner or his agent, review the preliminary plan and, after due investigation of all factors involved, including conformity with this chapter, Chapter 425, Zoning, of this Code, and its effect on the abutting properties, suggest such changes or revisions, if any, as may be in the public interest.
B.
Within 10 days of the submission of an acceptable preliminary plan,
the Planning Commission shall notify the abutting landowners, by mail
or otherwise, of the time and place of a meeting to be held, at which
said application will be considered.
C.
Within 10 days (after such further revisions or amendment to the
preliminary plans, if required), the Planning Commission shall act
and report thereon to the Borough Council, with a copy to the subdivider,
stating, in writing, its approval, conditional or otherwise, or disapproval
and shall include any further specific changes, the character and
extent of improvements which should be required, and a complete report
of the meeting with the abutting property owners.
Within 30 days after receiving the report of the Planning Commission,
the Borough Council shall act thereon, stating, in writing, its approval,
conditional or otherwise, or disapproval. Notification to the subdivider
of the action taken shall be in writing and shall include the specific
changes required, if any, the character and extent of the required
improvements and the amount of construction or improvements, and the
amount of the performance bond or other assurance which it will require.
The approval by the Planning Commission and the Borough Council
of a preliminary plan shall not be construed as an indication of the
approval of the final plan similar to said preliminary plan, nor to
the approval of any feature thereof. The approval of a preliminary
plan means only that the subdivision layout as represented in said
plan is tentatively approved as thus far worked out, for it is obvious
that, as further progress is made in the development of the layout
of a subdivision beyond that approved on the preliminary plan, changes
may become necessary in connection with some feature which has been
approved on the preliminary plan, and such changes would have of necessity
been ordered even though said feature or features had been approved
on the preliminary plan.
The original tracing, one process tracing and four prints of
the final plan, together with four prints of the plan profile, shall
be presented to the Planning Commission for its review. The Commission
shall, within 20 days, inform the owner or his agent of any revision
or amendment it deems necessary to protect the public interest, if
any be required, and when such plans are acceptable to signify its
approval by signing the original tracing and two prints to the Borough
Council with its recommendations.
[Amended 10-19-1992 by Ord. No. 615]
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, streetlights, 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.
[Added 10-19-1992 by Ord. No. 615]
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.
[Added 10-19-1992 by Ord. No. 615]
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.
Within 30 days thereafter, the Borough Council shall approve
or disapprove the final plan, stating in writing the reason for disapproval,
if such be the case. Approval shall be indicated by the proper officials
signing the original and process tracing in the spaces provided and
returning the original tracing to the owner.
[Amended 10-19-1992 by Ord. No. 615]
A.
Upon the approval of a final plat, the developer shall, within 90
days of such final approval, record such plat in the office of the
Recorder of Deeds of the county in which the Borough is located. The
Recorder of Deeds shall not accept any plat for recording unless such
plat officially notes the approval of the Borough Council and review
by the county planning agency.
B.
The recording of the plat shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plat.
Streets, parks and other improvements shown on a subdivision
plan to be recorded may be offered for dedication to the Borough by
formal notification thereof on the plan. Failure to note that such
improvements have not been offered for dedication shall constitute
an offer of dedication. Every street, park or other improvement shown
on a subdivision plan that is recorded shall be deemed to be a private
street, park or improvement until same has been accepted by the Borough
Council or until it is condemned for public use.
[Amended 10-19-1992 by Ord. No. 615]
A.
The subdivider's written application for approval of a subdivision
shall be accompanied by a filing fee in such amount and classification
of fees as may from time to time be established by resolution of the
Borough Council. Current fees shall be on file with the Borough Secretary
and shall be furnished upon request.
B.
Review fees.
(1)
Review fees shall include the reasonable and necessary charges by
the Borough's professional consultants or Engineer for review
and report to the Borough and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Borough Engineer or consultant for similar service
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.
(2)
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Borough that such fees are disputed, in which case the Borough
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
(3)
In the event that the Borough and the applicant cannot agree on the
amount of review fees which are reasonable and necessary, then the
fees 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.
[Added 10-19-1992 by Ord. No. 615]
A.
The Borough Council may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed.
B.
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this
chapter involved and the minimum modification necessary.
C.
The request for modification shall be referred to the Planning Commission
for advisory comments.
D.
The Borough Council shall keep a written record of all action on
all requests for modifications.
