The improvements included in this article are minimum requirements;
however the governing body reserves the right, in any case, to increase the
same if conditions so warrant.
When changes from the accepted drawings and specifications become necessary
during construction, written acceptance by the municipality, upon the advice
of the Planning Commission engineer, shall be secured before the execution
of such changes. As-built drawings shall be provided.
Adequate provisions for the satisfactory maintenance of all improvements
shall be made by dedication to, and acceptance for maintenance by, the governing
body.
All sidewalks shall be constructed in accordance with §
268-45 of this chapter.
All curbs shall be constructed in accordance with §
268-44 of this chapter.
Prior to any subdivision or land development being approved by the Planning
Commission, the developer shall furnish written verification from the Pennsylvania
Department of Environmental Protection or the United States of America, Department
of the Army, Corps of Engineers, or both, as applicable, that no portion of
the proposed subdivision or land development constitutes wetlands as defined
by applicable state or federal law. In the event a portion or all of the proposed
subdivision or land development involves wetlands, then the developer shall
secure the necessary permits from the Pennsylvania Department of Environmental
Protection or United States Army Corps of Engineers and present same to the
Planning Commission prior to approval by the Planning Commission, and if approved
by the Planning Commission, then such approval is subject to any conditions
imposed by the state or federal government.
Grading shall conform in all respects to the final plan.
Additional community facilities, as set forth in §
268-25, may be required to serve the proposed lots or dwellings in a subdivision or land development. Where a proposed park, playground or other public facility shown in the Comprehensive Plan is located in whole or in part in a subdivision or land development, or when additional facilities are made necessary by the development, the dedication or reservation of such areas, or financial contribution for the construction of such facilities, may be required by the municipality in those cases in which it deems such requirements to be reasonable.
Detention basins to be provided in accordance with certain sections
of this chapter may be offered for dedication to the municipality, although
the municipality need not accept any such offers. Provision for ownership
and maintenance of the detention basins shall be made in a manner so as to
ensure its effectiveness. No zoning permit for any development which provides
for a detention basin shall be issued until there has been an acceptable disposition
of the detention basins. This shall be accomplished in one of the following
manners:
A. The municipality may accept dedication of the detention
basin or any interest therein for public use and maintenance, but the municipality
need not accept a dedication of the detention basin if offered;
B. With permission of the municipality, and with appropriate
deed restrictions in favor of the municipality and in language acceptable
to the municipality's Solicitor, the developer may transfer the fee simple
title in the detention basin or a portion thereof to a private, not-for-profit
organization, provided that:
(1) The organization is acceptable to the municipality and
is a bona fide organization with a perpetual existence;
(2) The conveyance contains appropriate provision for proper
retransfer or reverter in the event that the organization becomes unable or
unwilling to continue to carry out its functions; and
(3) A maintenance agreement acceptable to the municipality
is entered into by the developer, the organization and the municipality;
C. The developer shall provide for and establish an organization
for the ownership and maintenance of the detention basin consistent with the
requirements for unit owners' associations found in the Pennsylvania
Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an
organization is created, the deeds for the detention basin and for all individual
lots within the development shall contain the following requirements in language
acceptable to the municipality's Solicitor:
(1) Such organization shall not dispose of the detention
basin by sale or otherwise except to the municipality or other government
body unless the municipality has given prior approval. Such transfer shall
be made only to another organization that shall maintain the detention basin
in accordance with the provisions of this chapter.
(2) The organization and all lot owners within the development
shall agree to maintain the detention basin. If private ownership fails to
do so, the municipality may proceed to maintain a deteriorating detention
basin and may assess and lien the properties within the development accordingly.
(3) All lot owners shall be required to become members of
the organization and pay assessments for the maintenance of the detention
basin, which may be increased for inflation and which may provide for professional
management.