A.
Hereafter, subdivision and land development plans
shall be reviewed by the Borough Planning Commission, the County Planning
Commission and other borough, state or county officials as necessary
and shall be approved or disapproved by the Borough Council in accordance
with the procedures specified in this chapter.
B.
For all subdivisions and land developments, except those exempted from standard procedures in § 195-15 of this chapter, a preliminary plan and a final plan shall be submitted.
C.
Procedures described in this Article IV that are not mandated by the provisions of the Pennsylvania Municipalities Planning Code, as amended, [1] are discretionary as to the Borough Council, and any failure of the Borough Council, its Planning Commission or any other agent or employee of the borough to abide by said permissive procedures shall not invalidate any action taken hereunder. However, said procedures, as to any applicant, are mandatory unless waived by the Borough Council in accordance with § 195-44.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
D.
In accordance with the Rules and Regulations of the
Pennsylvania Department of Environmental Resources (DER), the borough
shall revise its official plan for sewage disposal whenever a new
subdivision is proposed, unless the DER determines that the proposal
is for the use of individual on-lot sewage systems serving detached
single-family dwelling units in a subdivision of 10 lots or fewer
and certain criteria set forth in the Rules and Regulations of the
DER are met.
(1)
An official plan revision for new land development
shall be submitted to the DER in the form of a completed sewage facilities
planning module provided by the DER and including all information
required by the DER.
(2)
The subdivider or developer or his agent shall complete
the DER sewage facilities planning module and submit it to the borough
for action.
(3)
No plan revision for new land development will be
considered complete unless it includes all information specified within
the DER's Rules and Regulations.
(4)
The borough shall not adopt a proposed revision to the official plan, conditionally or otherwise, until it determines that the proposal complies with this chapter, Chapter 225, Zoning, and the Comprehensive Plan. If changes to the proposed revision or the applicable plan, regulations or ordinance are necessary, the changes shall be completed prior to adoption of the revision by the borough.
(5)
Upon adoption of a proposed revision to the borough's
official plan, or refusal to adopt such a proposal revision, the borough
shall forward the proposed revision or statement refusing to adopt
to the DER. The DER may approve or disapprove a proposed plan revision
for new land development.
(6)
The time limits for actions by borough and county
agencies and the DER are set forth in the Rules and Regulations of
the DER.
(7)
Subdividers and developers are advised that no subdivision
or land development plan will be finally approved and released for
recording by the borough until all necessary approvals of the official
plan revision or requests for exceptions to the requirement to revise
the official plan have been secured from the borough and the DER.
This fact and time limits for action should be considered by subdividers
and developers when submitting the DER sewage facilities planning
module to the borough.
A.
Status. Except in the case of a sketch plan for record,
submission of a sketch plan is optional. Such submission shall not
constitute official submission of a plan to the borough, and the sketch
plan is submitted only for informal discussion between the developer
and the Borough Planning Commission.
C.
Submission.
(1)
No less than 28 days prior to a regularly scheduled
meeting of the Borough Planning Commission, the subdivider shall submit
nine copies of the sketch plan, nine copies of any supplementary data,
the required filing fee and six copies of the application for review
of sketch plan (Form 1)[1] to the borough.
[1]
Editor's Note: Form 1 is included at the end of this chapter.
(2)
In the case of a subdivision or land development adjoining
Maxatawny Township, the subdivider shall submit an additional copy
of the sketch plan to the borough. The borough will solicit a review
and report from the township.
D.
Distribution. The borough shall distribute the plans
and supplementary data as follows:
(1)
Two copies to the Secretary of the Borough Planning
Commission.
(2)
Two copies to the County Planning Commission in the
case of a sketch plan for record. The plans and supplementary data
shall be accompanied by one copy of Form 1,[2] the county's referral form and the required filing fee.
[2]
Editor's Note: Form 1 is included at the end of this chapter.
(3)
Two copies to the Borough Engineer.
(4)
One copy to the Borough Code Official.
[Amended 2-10-1998 by Ord. No. 2-1998]
(5)
One copy retained by the Borough Secretary for the
permanent files of the Borough Council.
(6)
One copy to the Borough Manager.
E.
Review by Borough Planning Commission.
(1)
The sketch plan shall be reviewed by the Borough Planning
Commission at one or more regularly scheduled or special meetings.
The Commission shall request the Borough Code Official and the Borough
Engineer to review the sketch plan and submit comments thereon to
the Commission. The Borough Manager may review the plan and comment
as applicable to the Commission.
[Amended 2-10-1998 by Ord. No. 2-1998]
(2)
Within 15 calendar days after the final meeting at
which the sketch plan is reviewed by the Borough Planning Commission,
and not later than 90 days following the date of the regular meeting
of the Commission next following the date of submittal of the sketch
plan to the borough, the Commission Secretary will send the comments
of the Commission regarding the sketch plan to the developer and the
Borough Council.
F.
Review of sketch plan for record by Borough Council.
(1)
In the case of a sketch plan for record submitted under the minor subdivision (§ 195-15A) or lot annexation (§ 195-15D) provisions of this chapter, after the sketch plan is reviewed by the Borough Planning Commission, the sketch plan shall be reviewed by the Borough Council at one or more regularly scheduled or special meetings and either approved or disapproved by the Council.
(2)
Borough Council shall render its decision and communicate
it to the applicant not later than 90 days following the date of the
regular meeting of the Planning Commission 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.
(3)
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.
(4)
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each
case, cite the provisions of this chapter relied upon.
(5)
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.
(6)
In the case of a sketch plan for record submitted
to the County Planning Commission for review, no official action shall
be taken by the Borough Council until the Council has received the
written report of the County Planning Commission, provided that the
report is received within 30 days from the date the plan was forwarded
to the County Planning Commission for review. If such report is not
received within 30 days, the Borough Council may proceed to take action
on the plan without consideration of comments from the County Planning
Commission.
A.
Submission.
(1)
Preliminary plans and required supplementary data for all subdivisions and land developments shall be submitted to the Borough Manager for review, unless exempted in § 195-15. Plans shall be submitted by the developer to the borough no less than 28 days prior to the regularly scheduled meeting of the Borough Planning Commission at which it is to be considered. The Planning Commission has the right to waive this requirement in its sole discretion.
(2)
Any revised preliminary plan submitted to the borough
for review shall be submitted by the developer to the Borough Manager
no less than 28 days prior to the regularly scheduled meeting of the
Borough Planning Commission at which it is to be considered. The Planning
Commission has the right to waive this requirement in its sole discretion.
(3)
Official submission of a preliminary plan shall include:
(a)
Submission of five completed applications for
review of preliminary plan (Form 2).[1]
[1]
Editor's Note: Form 2 is included at the end of this chapter.
(b)
Submission of 10 black-on-white prints on paper of the preliminary plan which shall comply with the requirements of § 195-17.
(d)
Payment of the filing fee.
(e)
An affidavit that the applicant is the landowner
of the land proposed to be developed and has the authority to proceed
on behalf of all parties claiming any ownership interest therein.
(f)
In the case of a subdivision or land development
adjoining Maxatawny Township, the subdivider shall submit an additional
copy of the preliminary plan to the borough. The borough will solicit
a review and report from the township.
(4)
In the case of a subdivision or land development which
proposes vehicular access or stormwater drainage onto a state route,
the subdivider shall submit the preliminary plan and all supplementary
data to the Pennsylvania Department of Transportation with a request
for review of his proposed access and drainage and shall submit evidence
of such submission to the borough at the time of preliminary plan
submission.
(5)
In the case of a preliminary plan calling for the
installation of improvements beyond a five-year period, a schedule
shall be filed by the applicant delineating all proposed sections
as well as deadlines within which applications for final plan approval
of each section are intended to be filed. Such schedule shall be updated
annually by the applicant on or before the anniversary of the preliminary
plan approval, until final plan approval of the final section has
been granted, and any modification in the aforesaid schedule shall
be subject to approval of the Borough Council in its discretion. Each
section in any residential subdivision or land development, except
for the last section to be developed, shall contain a minimum of 25%
of the total number of dwelling units as depicted on the preliminary
plan, unless a lesser percentage is approved by the Borough Council
in its discretion.
B.
C.
Review by Borough Planning Commission. When a preliminary
plan has been accepted for review by the Borough Manager, the Borough
Planning Commission shall review the preliminary plan at one or more
regularly scheduled or special meetings.
(1)
The Borough Engineer shall review the preliminary
plan to determine whether the preliminary plan meets the requirements
of this chapter and submit a written report thereon to the Borough
Planning Commission.
(2)
The Borough Code Official shall review the preliminary plan to determine whether the preliminary plan meets the requirements of Chapter 225, Zoning, and other applicable codes and submit a written report thereon to the Borough Planning Commission.
[Amended 2-10-1998 by Ord. No. 2-1998]
(3)
The Borough Manager shall review the preliminary plan
to determine its conformance to the Borough Public Improvements Requirement
Manual and other utility requirements. The Borough Manager shall submit
a written report to the Borough Planning Commission and recommend
changes, alterations or modifications, as he may deem necessary.
(4)
After the final meeting at which the preliminary plan
is reviewed by the Borough Planning Commission, the Commission shall
notify the Borough Council, in writing, of its comments regarding
the preliminary plan. The Commission may recommend that the preliminary
plan be approved, be approved subject to conditions or be disapproved.
If the Commission recommends that the preliminary plan be disapproved
because the provisions of this chapter have not been met, the specific
provisions of this chapter which have not been met shall be noted.
The Commission will notify Borough Council within 15 days after the
final meeting at which it reviews the preliminary plan.
D.
Review by Borough Council. After a preliminary plan
has been reviewed by the Borough Planning Commission and the written
comments of the Commission regarding the preliminary plan have been
forwarded to the Borough Council, the plan shall be reviewed at one
or more regularly scheduled or special meetings by the Borough Council.
(1)
No official action shall be taken by the Borough Council
with respect to a preliminary plan until the borough has received
the written report of the County Planning Commission, provided that
the report is received within 30 days from the date the preliminary
plan was forwarded to the County Planning Commission for review. If
such report is not received within 30 days, the Borough Council may
proceed to take action on the preliminary plan without consideration
of comments from the County Planning Commission.
(2)
Before acting on a preliminary plan, the Borough Council
may hold a public hearing thereon after public notice.
(3)
The decision of the Borough Council regarding the
preliminary plan shall be in writing and shall be communicated to
the applicant personally or mailed to him by certified mail at his
last known address not later than 15 days following the decision.
If delivered personally, the applicant shall give the borough a receipt
indicating he has received the decision.
(4)
The Borough Council shall render its decision and
communicate it to the applicant not later than 90 days following the
date of the regular meeting of the Borough Planning Commission 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.
The subdivider may grant an extension of time to the borough. 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.
(5)
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each
case, cite the provisions of this chapter relied upon.
(6)
The Borough Council may approve a preliminary plan
subject to conditions acceptable to the applicant, provided that the
applicant indicates his written acceptance of those conditions to
the Borough Council within 10 days of the date of the written notification
from the Borough Council. Approval of a preliminary plan shall be
rescinded automatically upon the applicant's failure to accept or
reject such conditions within 10 days.
(7)
If the preliminary plan proposes a staging plan calling
for the submission of the final plan in sections, the boundaries of
the sections as well as the order and timing of submittal of the final
plans therefor shall be subject to the approval of Borough Council.
In approving a staging plan, the Borough Council, in its discretion,
may:
(a)
Impose conditions to the development of any
single stage, phase or section which shall be complied with prior
to the commencement of the next or any subsequent stage, phase or
section of the subdivision or land development;
(b)
Impose conditions which shall be met by the
developer within a time period specified by Borough Council, said
time period to commence after the completion of any stage, phase or
section if development of the subsequent stage, phase or section during
which such conditions were to be met is not commenced within said
time period;
(c)
Impose conditions which must be met within a
time period specified by Borough Council in the event of a subsequent
change in the use of the buildings constructed within the subdivision
or land development; and
(d)
Require any or all conditions imposed by the
Borough Council to be set forth and included on the final or recorded
plan pertaining to any or all stages, phases or sections of the subdivision
or land development prior to the recording of any such final or recorded
plan.
(8)
The approval of a preliminary plan does not authorize
the recording of a subdivision or land development plan nor the sale,
lease or transfer of lots, nor the construction of dwellings or other
buildings. Approval is only an expression of approval of a general
plan to be used in preparing the final subdivision or land development
plan for final approval and recording upon fulfillment of all requirements
of this chapter.
(9)
Three copies of the approved preliminary plan shall
be submitted to the Borough Electric Department within five days of
approval of the same for the use of the Borough Electric Department
to lay out, size and determine the rights-of-way that will be required
and the materials necessary to supply electrical service and to prepare
a cost estimate for same.
(a)
The plan shall also include street and tract lighting as required in § 195-18E(68) for review by the borough.
(b)
The Borough Electric Department shall submit
a plan to the developer which shall indicate the location of electric
lines and required rights-of-way, along with comments regarding the
proposed street/tract lighting; said information shall be added to
the final plan, prior to final approval of the same.
(c)
In addition, the Borough Electric Department
shall submit a cost estimate for the required electrical system which
shall be included in the improvements agreement.
A.
Submission.
(1)
Within 12 months after approval of the preliminary
plan by the Borough Council, the developer shall submit a final plan
and all required supplementary data to the Borough Manager unless
an extension of time is granted by the Council. If an extension is
not granted, failure to submit the final plan within 12 months may
result in a determination by the Borough Council that it will consider
any plat submitted after 12 months as a new preliminary plan.
(2)
The final plan shall be submitted to the Borough Manager
no less than 28 days prior to the regularly scheduled meeting of the
Borough Planning Commission at which it is to be considered. The Planning
Commission has the right to waive this requirement in its sole discretion.
(3)
Any revised final plan submitted to the borough for
review shall be submitted by the developer to the Borough Manager
no less than 28 days prior to the regularly scheduled meeting of the
Borough Planning Commission at which it is to be considered. The Planning
Commission has the right to waive this requirement in its sole discretion.
(4)
Official submission of a final plan shall include:
(a)
Submission of five completed applications for
review of final plan (Form 3). [1]
[1]
Editor's Note: Form 3 is included at the end of this chapter.
(b)
Submission of 10 black-on-white prints on paper of the final plan which shall comply with the requirements of § 195-18.
(d)
Submission of evidence of review of an erosion
and sediment control plan by the Berks County Conservation District.
(e)
Submission of evidence that the final plan has
been submitted to the telephone, cable television and gas companies
which will serve the subdivision or land development.
(f)
An affidavit that the applicant is the landowner
of the land proposed to be developed and has the authority to proceed
on behalf of all claiming any ownership interest therein.
(g)
In the case of a subdivision or land development
adjoining Maxatawny Township, the subdivider shall submit an additional
copy of the final plan to the borough. The borough will solicit a
review and report from the township.
(6)
The Borough Council may permit the subdivider to submit a final plan in sections in accordance with the schedule provided for in § 195-11A(5), subject to such requirements or improvement guaranties in future sections as it finds essential for the protection of any finally approved section of the subdivision or land development.
(7)
The final plan shall conform to the approved preliminary
plan, except that it shall incorporate all modifications required
by the Borough Council in its approval of the preliminary plan. Failure
to comply with past reviews shall constitute grounds for the Borough
Council to disapprove the final plan.
C.
Review by Borough Planning Commission. When a final
plan has been accepted for review, the Borough Planning Commission
shall review the final plan at one or more regularly scheduled or
special meetings.
(1)
The Borough Engineer shall review the final plan to
determine whether the final plan meets the requirements of this chapter
and submit a written report thereon to the Borough Planning Commission.
(2)
The Borough Code Official shall review the final plan to determine whether the final plan meets the requirements of Chapter 225, Zoning, and other applicable codes and submit a written report thereon to the Borough Planning Commission.
[Amended 2-10-1998 by Ord. No. 2-1998]
(3)
The Borough Manager shall review the final plan to
determine its conformance to the Borough Public Improvements Requirement
Manual and other utility requirements. The Borough Manager shall submit
a written report to the Borough Planning Commission and recommend
changes, alterations or modifications, as he may deem necessary. The
report shall include an estimate of the cost of construction of underground
electric service.
(4)
After the final meeting at which the final plan is
reviewed by the Borough Planning Commission, the Commission shall
notify the Borough Council in writing of its comments regarding the
plan. The Commission may recommend that the final plan be approved
or disapproved. If the Commission recommends that the final plan be
disapproved because the provisions of this chapter have not been met,
the specific provisions of this chapter which have not been met shall
be noted. The Commission will notify Borough Council within 15 days
after the final meeting at which it reviews the final plan.
D.
Review by Borough Council. After a final plan has
been reviewed by the Borough Planning Commission and the written comments
of the Commission regarding the plan have been forwarded to the Borough
Council, the plan shall be reviewed by the Borough Council at one
or more regularly scheduled or special meetings.
(1)
If the final plan has been forwarded to the County
Planning Commission for review, no official action shall be taken
by the Borough Council with respect to the final plan until the borough
has received the written report of the County Planning Commission,
provided that the report is received within 30 days from the date
the final plan was forwarded to the County Planning Commission for
review. If such report is not received within 30 days, the Borough
Council may proceed to take action on the final plan without consideration
of comments from the County Planning Commission.
(2)
Before acting on a final plan, the Borough Council
may hold a public hearing thereon after public notice.
(3)
The Borough Council shall render its decision and
communicate it to the applicant not later than 90 days following the
date of the regular meeting of the Planning Commission 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. 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)
The decision of the Borough Council shall be in writing
and shall be communicated to the applicant personally or mailed by
certified mail to him at his last known address not later than 15
days following the decision. If delivered personally, the applicant
shall give the borough a receipt indicating he has received the decision.
(5)
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each
case, cite the provisions of the ordinance relied upon.
A.
Subdivision improvements agreement. No final plan
shall be endorsed by the Borough Council unless an improvements agreement
in a form acceptable to the Borough Council and Borough Solicitor
is executed. A unit breakdown of all improvements required by this
chapter pursuant to Form 4[1] shall be included within such agreement.
[1]
Editor's Note: Form 4 is included at the end of this chapter.
B.
Completion and guarantee of improvements.
(1)
No final plan shall be endorsed by the Borough Council
unless all the improvements required by this chapter and the improvements
agreement have been installed, inspected and approved in accordance
with this chapter and said agreement.
(2)
In lieu of the completion of any improvements as stated in Subsection B(1) above, prior to endorsement of the record plan, the subdivider shall deposit with the borough a financial security in an amount sufficient to cover the cost of all improvements or common amenities required by this chapter and the improvements agreement and the cost of preparing as-built drawings of those improvements. The financial security may be in the form of an irrevocable letter of credit or restrictive or escrow account in a federal or commonwealth chartered lending institution or other type of financial security which the Borough Council approves. The financial security shall guarantee the completion of all required improvements on or before the date fixed in the formal action of approval or accompanying improvements agreement for completion of the improvements.
(3)
The subdivider shall also submit a cash deposit to
the borough to cover the cost established by the borough for improvement
materials and labor to be provided by the borough pursuant to the
improvements agreement.
(4)
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 record plan shall not be signed nor recorded until the improvements
agreement is executed. The resolution or letter of contingent approval
shall expire and be deemed to be revoked if the improvements 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.
(5)
The amount of the 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.
(6)
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 and prepared by an engineer and certified
by such engineer to be a fair and reasonable estimate of such cost.
Such estimate shall be submitted to the borough no less than 14 days
prior to the meeting of the Borough Council at which such estimate
is to be considered. The Borough Council, upon the recommendation
of the Borough Engineer, may refuse to accept such estimate for good
cause shown. If the applicant and the Borough Council are unable to
agree upon an estimate, then the estimate shall be recalculated and
recertified by another engineer chosen mutually by the borough and
the applicant. 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.
(7)
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 the financial
security may be increased by an additional 10% for each one-year period
beyond the first anniversary date of 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 initial
one-year period.
(8)
The party posting the financial security may request
the Borough Council to release or authorize release, from time to
time, such portions of the financial security necessary for payment
to the contractors performing the work. Any such requests shall be
in writing addressed to the Borough Council, and the Council shall
have 45 days from receipt of such requests 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 subdivision or land development 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. If the Borough Council fails to act within said forty-five-day
period, the 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 the Borough Engineer,
require retention of 10% of the estimated cost of the aforesaid improvements.
(9)
In the case where development is projected over a
period of years, the borough may authorize submission of final plans
by sections or stages of development, subject to such requirements
or improvement guaranties in the future sections or stages of development
as it finds essential for the protection and proper development of
any finally approved section of the development.
C.
Remedies to effect completion of improvements. In
the event that any improvements which are required by this chapter
have not been installed as provided in this chapter or in accord with
the approved final plan, the borough may enforce any improvements
agreement by appropriate legal and equitable remedies. If the proceeds
of such improvements guaranty are insufficient to pay the cost of
installing or making repairs or corrections to all the improvements
covered by said financial security, the borough 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
improvements guaranty 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 financial security.
D.
Release of improvements guaranty.
(1)
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Borough
Council, by certified or registered mail, of the completion of the
improvements and shall send a copy of the notice to the Borough Engineer.
(2)
The Borough Council shall within 10 days after receipt
of notice of completion of improvements direct and authorize the Borough
Engineer to inspect the improvements. The Borough Engineer shall then
submit a written report regarding the improvements to the Council
and promptly mail a copy of the report to the developer by certified
or registered mail.
(3)
The report shall be made and mailed by the Borough
Engineer within 30 days after receipt of authorization from the Borough
Council. The report shall be detailed and shall indicate approval
or rejection of the improvements, either in whole or in part. If the
improvements or any portion thereof shall not be approved or shall
be rejected by the Borough Engineer, the report shall contain a statement
of reasons for such nonapproval or rejection.
(4)
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 their action.
(5)
If any portion of the improvements shall not be approved
or shall be rejected by the Borough Council, the developer shall proceed
to complete the improvements, and upon completion, the same procedure
of notification as outlined above shall be followed.
(6)
When completed improvements have been approved by
the borough, the improvements guaranty shall be reduced by no more
than the amount which was estimated in the improvements agreement
for the approved improvements.
E.
Preparation of as-built plans.
(1)
As-built plans for all improvements within the subdivision or land development listed in the subdivision improvements agreement shall be submitted to the borough within 30 days after inspection and approval of the improvements by the borough and prior to the release of the improvements guaranty and acceptance of any such improvements by the borough. Plans shall be in accordance with the requirements of § 195-18 of this chapter, shall be Mylars in reproducible form and shall be certified by the developer's engineer to be in accordance with actual construction. The location and elevation of all sewer laterals and water services shall also be indicated. The developer shall be responsible for the preparation of such plans.
(2)
If any information relating to potential lot owners
shown on the recorded plan shall have been changed, such as lot boundaries,
easements and maintenance responsibilities, a revised subdivision
and/or land development plan shall be filed with the borough in accordance
with the procedures of this chapter.
F.
Maintenance guaranty. Where the Borough Council accepts
dedication of all or some of the required improvements within a subdivision
or land development following completion, the Borough Council may
require the posting of a maintenance guaranty to secure structural
integrity of said improvements as well as the functioning of said
improvements in accordance with the design specifications as depicted
on the final plan for a term not to exceed 18 months from the date
of acceptance of dedication. The maintenance guaranty shall be of
the same type as permitted for installation of improvements, and the
amount of the maintenance guaranty shall not exceed 15% of the actual
cost of installation of the improvements.
A.
Endorsement by Borough Council. After the procedures
required by this chapter have been completed and the Borough Council
approves the final plan, the Borough Planning Commission shall sign
and the Borough Council shall endorse at least seven copies of the
final plan or sketch plan for record.
(1)
The endorsed plans shall be clear and legible black-on-white
prints on material acceptable to the Recorder of Deeds.
(2)
Before any final plan is released for recording, a
copy of any permits required by the Pennsylvania Departments of Environmental
Resources and Transportation shall be submitted to the borough.
(3)
The borough shall receive one reproducible reproduction
of the final plan as approved and recorded within 15 days of recording.
The reproducible shall contain the Recorder of Deeds information as
to Deed Book Volume and date of recording.
(4)
All streets, parks or other improvements shown on
the final plan shall be deemed to be private until such time as they
have been offered for dedication to the borough and accepted by Borough
Council. The acceptance of any improvements shall be by a separate
action of the Council and shall not be effected by approval of a subdivision
or land development plan.
(5)
The developer shall agree with the borough to tender,
if requested, a deed of dedication for any and all public improvements,
including easements. Upon completion of any public improvements shown
on an approved subdivision or land development plan and within 90
days after approval of such public improvements, as herein provided,
the borough may require that the developer offer such public improvements
for dedication. In such a case, the developer shall prepare a deed
of dedication and forward same to the borough for review by the Borough
Solicitor. The borough may require that the developer supply a title
insurance certificate from a reputable title insurance company before
any property is accepted by the borough.
B.
Filing with recorder of deeds.
(1)
Upon approval of a final plan or sketch plan of record by the Borough Council or the acceptance of the conditions of a conditional approval by the applicant in case of a plan approved subject to conditions, the developer shall within 90 days of such final approval or acceptance of conditions complete all conditions of approval and comply with all requirements of § 195-13. After the applicant's completion of all conditions of approval and compliance with all requirements of § 195-13, the Borough Council may endorse the record plan. The developer shall within 90 days of such endorsement record the plan in the office of the Recorder of Deeds. The Recorder of Deeds shall not accept any plan for recording unless the plan contains the endorsement of the Borough Council and official notification of review by the County Planning Commission. Endorsement of the Borough Council shall consist of the signatures of the President of the Council and the Borough Secretary and the Borough Seal on the plan. The developer should contact the County Recorder of Deeds Office to determine all applicable requirements for recording. If the subdivider falls to record the plan within such period, the approval action of the Borough Council shall be null and void. If the approval action becomes null and void, then a preliminary plan must be submitted, unless Borough Council for cause shown allows a final plan to be submitted.
(2)
All final plan sheets which contain restrictive notes,
lot boundaries, easements, maintenance responsibilities, other lot
owner responsibilities and such other information relating to potential
lot owners shall be recorded.
A.
Minor subdivision: sketch plan for record. In the case of any subdivision in which all proposed lots will have frontage on and direct vehicular access to an existing improved borough or state street, the parcel being subdivided will be divided into a total of not more than three lots or parcels after the effective date of this chapter, and the lots will be used for only single-family detached dwellings, the developer may submit only a sketch plan for record to the borough. The sketch plan shall contain all information required by § 195-16 of this chapter and be submitted and reviewed in accordance with § 195-10. The sketch plan shall be submitted to the County Planning Commission for review. The Borough Council may also require submission to and review by the County Conservation District when recommended by the Borough Engineer. Submission to and review by the Pennsylvania Department of Transportation may be required if there is frontage on a state street. Further subdivision from a tract subdivided under this section or subdivision of a lot or tract created under this section will require a review of plans in accordance with the standard procedures of this chapter, and this shall be noted on the sketch plan for record.
B.
Resubdivision: revised final plan.
(1)
Any resubdivision of land, including changes to recorded plans, shall be considered a subdivision and shall comply with all requirements of this chapter; however, in those instances where only lot lines shown on a recorded plan will be changed, all resultant lots will conform to Chapter 225, Zoning, and this chapter, easements will not be changed, street horizontal and vertical alignment will not be changed, block sizes will not be changed, utility sizes and locations will not be changed, open space and recreation areas will not be changed and the number of lots will not be increased, the Borough Council may at its discretion permit the developer to submit only a revised final plan to the borough for review.
(3)
If the revision of lot lines would result in the relocation
of driveway access points previously approved by PennDOT, the Borough
Council shall require submission of the revised final plan to PennDOT
for approval.
C.
Auction sale. In the case of the proposed subdivision
of land by process of auction sale, the following procedure may be
used by the developer:
(1)
The developer shall prepare and submit a preliminary
plan in accordance with the requirements of this chapter.
(2)
The preliminary plan shall comply with the requirements
of this chapter and in addition contain the following notation:
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This property is intended to be sold by auction
on or about ___________ 19 _____, in whole or in part according to
this plan. Sale of lots at such auction shall be in the form of agreement
to purchase, and no actual transfer of ownership or interest in such
lots shall occur until a final plan showing such subdivision of property
is approved by the Borough Council in accordance with the Borough
subdivision and land development ordinance and recorded in the office
of the County Recorder of Deeds.
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(3)
After approval of the preliminary plan by the Borough
Council, the auction sale may proceed. After the auction sale, the
developer shall prepare and submit a final plan in accordance with
this chapter.
D.
Lot annexations: sketch plan for record. Where the conveyance, sale or transfer of land from one parcel to an adjacent parcel is proposed for the sole purpose of increasing lot size, and not for the purpose of creating a separate new lot or a land development, the developer may submit only a sketch plan for record to the borough. The sketch plan shall contain all information required by § 195-16 of this chapter and be submitted and reviewed in accordance with § 195-10. Precise bearings and distances from field survey shall be shown for the parcel being transferred, and evidence shall be submitted that the parcel from which a parcel is being transferred will not violate or further violate, as the case may be, any requirement of Chapter 225, Zoning, or other borough regulations. If development is subsequently proposed for the parcel which has been increased in size, no building or zoning permit shall be issued unless all applicable requirements of borough regulations are complied with. The subdivision plan shall contain a notation that the parcel being transferred is not to be considered a separate building lot.
E.
Abbreviated subdivision: final plan. In the case of any subdivision in which all proposed lots will have frontage on and direct vehicular access to an existing improved borough or state street, the parcel being subdivided will be divided into more than three but not more than six lots or parcels, and the lots will be used for only single-family detached dwellings, the Borough Council may at its discretion permit the developer to submit only a final plan to the borough, rather than both preliminary and final plans. The final plan shall contain all information required by § 195-18 of this chapter and shall be submitted and reviewed in accordance with § 195-12. The final plan shall be submitted to the County Planning Commission for review. Submission to and review from the County Conservation District shall be required when recommended by the Borough Engineer. Submission to and review by the Pennsylvania Department of Transportation may be required if there is frontage on a state street. Further subdivision from a tract subdivided under this section or subdivision of a lot or tract created under this section will require a review of plans in accordance with the standard procedures of this chapter, and this shall be noted on the final plan.
F.
Exempted land developments: final plan. In the case of a land development consisting of a single nonresidential building or two single-family detached dwellings on a lot or lots, the developer may submit only a final plan to the borough. The final plan shall contain all information required by § 195-18 of this chapter and shall be submitted and reviewed in accordance with § 195-12. The final plan shall be submitted to the County Planning Commission for review. Submission to and review from the County Conservation District shall be required when recommended by the Borough Engineer. Submission to and review by the Pennsylvania Department of Transportation may be required if there is frontage on a state street.
G.
Requirements pertaining to curb and sidewalk. The sketch plan for record referred to in Subsection A above and the final plan referred to in Subsections E and F above shall provide for the installation of curb and sidewalk adjacent to all existing and proposed public streets within the proposed subdivision in accordance with § 195-42D of this chapter.
