The plan requirements and processing procedures
shall be followed by the developer as set forth herein and all proposed
subdivisions and land developments shall be submitted for review and
action as provided for by this chapter.
A.
Prior to the filing of an application for review and
approval, the developer may submit a sketch plan directly to the Planning
Commission for advice on the requirements necessary to achieve conformity
to the standards of these regulations as well as to alert the developer
to factors which must be considered in the design of the subdivision
or land development such as pertinent elements of any county or Borough
land use, thoroughfare and community facilities.
B.
Sufficient information should be included in the sketch
plan to clearly indicate the character and extent of the proposed
subdivision or land development and its relationship to existing conditions
and facilities within the area in which the same is to be located.
It is recommended that sketch plan submissions include a map covering
sufficient area to establish the location of the site and an informal
plan of any existing or proposed streets, lotting, utilities, natural
features and other elements within the subdivision or land development
including topographic contours.
C.
Prospective applicants should consult the Adams County
Conservation District representative and a certified geologist concerning
erosion and sediment control and any possible effect of geologic conditions
on the proposed development. At the same time, a determination can
be made as to the result or effect the subdivision or development
may have on the soil, water or other elements of the environment.
[Amended 7-17-2007 by Ord. No. 94]
[Amended 8-16-1983; 4-19-1994 by Ord. No. 69; 10-21-1997; 7-17-2007 by Ord. No.
94]
The following shall be submitted in application
for review of a preliminary plan:
A.
Plan Revision Module. The applicant shall be required
to prepare the Plan Revision Module in accord with the Pennsylvania
Sewage Facilities Act and § 71.11, Chapter 71 of Title 25
of the Pennsylvania Code, as amended. Copies of the form or guide
to be used are entitled "Plan Revision Module for Land Development"
and are available at any office of the Department of Environmental
Protection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Preliminary plan requirements. Six copies of a map
or series of maps on sheets 24 inches by 36 inches drawn to scale
not smaller than 50 feet to the inch unless otherwise specified herein,
and a supplementary document showing and/or explaining the following:
(1)
Name or identifying title of the proposed subdivision
or land development.
(2)
North point, scale and date.
(3)
Municipality in which the proposed subdivision or
land development will be located.
(4)
A location map, at a scale not smaller than 2,000
feet to the inch, covering sufficient area to establish the location
of the site within the Borough.
(5)
Name and address of the owner of the property. Name
and address of the developer.
(6)
The names of owners of all abutting unplatted land
and the names of all abutting subdivisions.
(8)
Tract boundaries with bearings and distance.
(9)
All existing property lines, easements and rights-of-way
and the purpose for which the easements or rights-of-way have been
established.
(10)
All existing streets on or adjacent to the tract,
including name, right-of-way width and pavement width.
(11)
All existing buildings, sanitary and storm sewers,
water mains, culverts, fire hydrants and other significant man-made
features on or adjacent to the tract.
(12)
Watercourses, marshes, rock outcrops and wooded
areas. If the tract includes areas which are subject to flooding,
a drainage and flood control plan shall be submitted.
(13)
Existing from actual field data and, when deemed
necessary by the Planning Commission, proposed contours at vertical
intervals of five feet or, in the case of land having a slope of 2%
or less, at such lesser interval as may be necessary for satisfactory
study and planning of the tract. Datum to which contour elevations
refer shall be U.S. Coast and Geodetic Survey datum or such other
source approved by the Municipal Engineer.
(14)
Total acreage, number of lots, and number of
dwelling units and/or structures in tabular form; and lot numbers.
(15)
Location, width and approximate grade of all
proposed streets, alleys, rights-of-way and easements; proposed lot
lines with approximate dimensions; proposed minimum setback line for
each street; playgrounds, public buildings, public areas and parcels
of land proposed to be dedicated or reserved for public use.
(16)
Location of any proposed site improvements such
as curbs, sidewalks, drives, street trees and, when the proposed development
includes other than individual residences, the type of land use, residential
density and the location of structures and parking facilities.
(17)
An indication of the general location of proposed
water mains, sanitary sewers and stormwater catch basins and lines.
The preliminary size of each line should be shown as well as the locations
of distances to any existing line to be connected to, with the size
of such existing lines indicated.
(18)
General plans for the collection of runoff of
surface water and its outfall, together with design analysis and any
other supporting data.
(19)
In cases where the preliminary plan covers only
a portion of the developer's tract, a key map at a scale not smaller
than 400 feet to the inch, showing the entire tract, its topography
at contour intervals of at least 20 feet, its natural features, and
the proposed street system for the entire tract; abutting streets
and names of abutting property owners; and the portion of the tract
included in the preliminary plan submission.
C.
Dimensions and area of lots. The dimensions and areas of lots shall conform to zoning regulations (see Chapter 255).
(1)
Lots not served by public water and sewers. Residential
lots where not served by public water or sanitary sewers and the land
meets the necessary percolation and soil survey standards the width
at the building line shall be not less than 80 feet, nor less than
20,000 square feet in area, per dwelling unit.
(2)
Lots served by either public water or public sewerage.
Residential lots where served by public water or sanitary sewers and
the land meets the necessary percolation and soil survey standards
the width at the building line shall be not less than 80 feet, nor
less than 15,000 square feet in area, per dwelling unit.
(3)
Lots served by public water and sanitary sewers. Residential
lots where served by both public water and sanitary sewers the width
at the building line shall be not less than 80 feet, nor less than
10,000 square feet in area, per single-family detached dwelling.
(4)
Lots for other than residential uses. The lot width and area requirements of properties reserved or laid out for uses other than residential shall provide adequate space for yards and off-street loading, unloading and parking facilities. Subdivision plats for uses other than residential shall be accompanied by plans of contemplated construction on the subdivision lots in sufficient detail to assure that these requirements are being satisfied. All zoning regulations (Chapter 255) and plan requirements shall be met to the satisfaction of the Borough Council.
D.
Percolation tests.
(1)
Percolation tests are required on all building lots,
unless they are to be immediately served by a public sanitary sewer
system, and shall be made by the local sanitarian in accordance with
the rules and regulations of the Pennsylvania Department of Environmental
Protection and the Borough of Bonneauville. All costs incurred shall
be the responsibility of the applicant. DEP may require more extensive
soil permeability investigation to assure proper functioning of the
sewage disposal system. Such investigation shall be undertaken in
accordance with DEP specifications and at the expense of the developer.
(2)
Notwithstanding other approvals and rules and regulations,
the installation of on-lot sewage disposal facilities on a lot, tract,
etc., regardless of size and other pertinent information, and/or the
use of such facilities must be supported by percolation tests and
such data must be presented to and found satisfactory by the Borough
Council prior to issuance of any permit.
E.
Water supply. An accessible, adequate, safe and potable
supply of water shall be provided for each proposed lot. Where a public
supply of water of satisfactory quantity, quality, and pressure is
available, connection shall be made thereto and its supply used exclusively.
When a satisfactory water supply is not available, a private water
system shall be developed and used as approved by the Pennsylvania
Department of Environmental Protection.
F.
Other plans and data. Such other plans and information
as may be required by the Planning Commission in order to review and
ascertain the workability of the preliminary plans including any existing
or proposed deed restrictions and protective covenants.
[Amended 7-17-2007 by Ord. No. 94]
The following procedures shall be followed in
the submission and processing of preliminary plans for proposed subdivisions
and land developments:
A.
The developer has the two following alternatives regarding
the submission of a preliminary plan:
(1)
In the case of a minor subdivision (as defined), request the Planning Commission to waive the requirement that a preliminary plan be submitted and approved before consideration of a final plan. If the Commission grants the waiver, he may begin the final plan preparation and procedure as required by §§ 220-15, 220-16 and 220-17. After two minor subdivisions have taken place within any given tract, the developer shall be required by the Planning Commission to submit a complete preliminary plan for the entire tract on the next subsequent application; unless the size, frequency, and interrelationship of prior subdivisions clearly do not warrant such.
B.
The developer shall submit the required preliminary
plan documentation and fees to the Borough Secretary at least nine
days prior to the regularly scheduled meeting of the Planning Commission.
C.
At the next regularly scheduled meeting, the Planning
Commission shall first review the submission in respect to completeness.
(1)
If the submission is found to be in accordance with
the requirements of this chapter, the submission shall be accepted
with said acceptance to constitute official plan filing by the developer
as of that meeting date, and the Commission may proceed with plan
review. Within five days thereafter, the Commission shall notify the
developer in writing of the acceptance of the preliminary plan submission.
(2)
If the submission is found to be incomplete in respect
to the requirements of this chapter, the Commission shall suspend
review and the plan shall not be considered as filed. Within five
days thereafter, the Commission shall notify the developer in writing
of the rejection of the plan, and of the additional information required
and submit a copy of said notice to the Borough Secretary. If the
developer elects not to proceed further, upon so notifying the Borough
in writing, that portion of the preliminary plan fee based on the
number of lots paid shall be returned.
D.
Upon the filing of a preliminary plan as determined
above, the Planning Commission shall forward a copy of all documents
to the Adams County Planning Commission for review and report. In
addition, at the direction of the Commission, the plan shall be referred
to the following as appropriate:
(1)
Municipal Engineer for review of required improvements
and cost estimates to establish the amount of any required performance
guarantee.
(2)
Pennsylvania Department of Transportation when the
subdivision or land development will front on an existing or proposed
legislative route or will have a proposed street requiring access
to such a route.
(3)
Pennsylvania Department of Environmental Protection
for any necessary report in respect to sewer and water facilities.
(4)
Adams County Conservation District for review in respect
to drainage, erosion and any other related considerations.
E.
The Planning Commission shall render a decision on
the preliminary plan and submit two copies of the plan documents and
their report thereon to the Borough Secretary within five days after
taking action.
F.
The Borough Council shall approve, conditionally approve, or disapprove the preliminary plan within 85 days after the plan filing date [see Subsection C(1) hereof] and communicate said decision to the developer within five days thereafter (unless the applicant has agreed in writing to an extension of time), together with one copy of all plan documents upon which shall have been noted Commission and Borough Council action. Said notice shall be in writing and specifically cite any conditions of approval and/or any plan defects.
G.
Approval of the preliminary plan constitutes approval
of the proposed subdivision or land development in respect to the
general design, the approximate dimensions, and other planned features.
Preliminary approval binds the developer to the general scheme of
the plan as approved and permits the developer to begin preparation
of the final plan. Preliminary approval does not authorize the recording,
sale or transfer of lots.
H.
Preliminary approval shall expire within one year
after being granted unless, due to extenuating circumstances, an extension
is requested by the developer and approved by the Planning Commission
and Borough Council. Requests for extensions must be submitted to
the Borough Secretary 30 days prior to any prevailing expiration date.
Extensions may be granted for no more than two one-year periods.
[Amended 7-17-2007 by Ord. No. 94]
The following shall be submitted in application
for review of a final plan. Final plans shall conform in all important
details with preliminary plans as previously approved, except that
the final plan may cover only a portion of the total subdivision shown
in the preliminary plan, and any conditions specified in the approval
of preliminary plans shall be incorporated in the final plans.
A.
Six copies of the final plan in the form of a map
or series of maps on sheets 14 inches by 19 inches drawn to scale
not smaller than 100 feet to the inch. When more than one sheet is
required, an index sheet of the entire subdivision or land development
shall be shown on a sheet of the same size. The final plan shall be
drawn in ink on a durable material and the plan or supplementary documents
shall show the following:
(2)
Primary control points, or description and "ties"
to such control points, to which all dimensions, angles, bearings,
and similar data on the subdivision plan shall be referred.
(3)
Location and description of survey monuments.
(4)
Location, dimensions, and purpose of easements.
(5)
Final tract boundary lines, right-of-way lines of
streets, easements, and other rights-of-way, and property lines of
residential lots and other sites with accurate dimensions, bearings,
or deflection angles, and radii, arc and central angles of all curves;
and building setback lines.
(6)
Statement by owner offering the dedication of any
streets, rights-of-way and any sites for public uses.
(7)
Locations and types of erosion and sediment control
measures.
(a)
Evidence of conformance to flood area requirements.
(8)
Final plans and profiles of streets showing grades
approved by the Municipal Engineer.
(9)
Cross sections of streets showing the type of construction,
the width of rights-of-way, width of cartway, curb construction, location
and width of sidewalks, and locations and size of utility mains as
applicable.
(10)
Plans and profiles of proposed sanitary sewers,
with grades and pipe sizes indicated, and a plan of any proposed water
distribution system showing pipe sizes and location of valves and
fire hydrants as applicable.
(11)
Streetlighting facilities as applicable.
(12)
Certification of the surveyor or engineer certifying
to the accuracy of the survey and plat.
The following procedures shall be followed in
the submission and processing of final plans for proposed subdivisions
and land developments:
A.
The developer shall submit the required final plan
documentation and fees to the Borough Secretary at least nine days
prior to a regularly scheduled meeting of the Planning Commission.
The final plan submission may cover only a portion of the entire proposed
subdivision or land development as shown on the approved preliminary
plan. In such cases, the applicant shall submit a tentative schedule
for the balance of the tract. The final plan submission requirements
as set forth herein and procedures must be followed for each subsequent
section prior to recording and sale or transfer of lots within such
sections.
B.
The filing, review and action upon the final plan shall proceed in accordance with § 220-14, Preliminary plans; procedures, Subsections C through F, herein. All reviews and decisions shall be made within a ninety-day period. If a plan is rejected it must be resubmitted and the ninety-day period for review and approval starts from the day of resubmittal.
C.
At the time of approval by the Borough Council, the
original final plan drawings shall be made available for authentication
and signing.
D.
Original approved final plans for the subdivision
of land not intended for development shall be clearly marked by the
Planning Commission, "NOT APPROVED FOR DEVELOPMENT," and no permit
shall be issued for the erection or placement thereon of any building
or structure intended for human occupancy (residential or otherwise),
nor shall any improvement under the jurisdiction of this chapter be
installed thereon, unless and until appropriate plans and related
documents are submitted and approved in accordance with the requirements
of this chapter.
E.
No changes, erasures, modifications, or revisions
may be made on any final plan after having been formally approved
by the Borough Council unless the plan is first resubmitted to the
Borough and any adjustment to be considered is jointly approved and
noted.
[Amended 4-19-1994 by Ord. No. 69]
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 of Bonneauville 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. The applicant shall not be required
to provide financial security for the costs of any improvements for
which financial security is required by and provided to the Department
of Transportation in connection with the issuance of a highway occupancy
permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242,
No. 428), known as the “State Highway Law."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 of Bonneauville 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 of Bonneauville 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
of Bonneauville, 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 of Bonneauville 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 of Bonneauville 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 of Bonneauville
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, retain
10% of the original amount of the posted financial security for the
aforesaid improvements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 dedicated improvements as well as the functioning
of said dedicated 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 dedicated improvements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 of Bonneauville
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.
[Amended 4-19-1994 by Ord. No. 69]
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 Borough may prescribe that the applicant shall
reimburse the Borough for the reasonable and necessary expense incurred
in connection with the inspection of improvements. The applicant shall
not be required to reimburse the Borough Council for any inspection
which is duplicative of inspections conducted by other governmental
agencies or public utilities. The burden of proving that any inspection
is duplicative shall be upon the objecting applicant. Such reimbursement
shall be based upon 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's professional 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 professional consultant to
the Borough for comparable services when fees are not reimbursed or
otherwise imposed on applicants.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The Borough Council shall submit to the applicant
an itemized bill showing the work performed in connection with the
inspection of improvements performed, identifying the person performing
the services and the time and date spent for each task. In the event
the applicant disputes the amount of any such expense in connection
with the inspection of improvements, the applicant shall, no later
than 100 days after the date of transmittal of a bill for inspection
services, notify the Borough and the Borough's professional consultant
that such inspection expenses are disputed as unreasonable or unnecessary
and shall explain the basis of their objections to the fees charged,
in which case the Borough shall not delay or disapprove a request
for release of financial security, a subdivision or land development
application or any approval or permit related to development due to
the applicant's dispute of inspection expenses. Failure of the applicant
to dispute a bill within 100 days shall be a waiver of the applicant's
right to arbitration of that bill under this section.
(2)
Subsequent to the final release of financial security
for completion of improvements for a subdivision or land development
or any phase thereof, the professional consultant shall submit to
the Borough Council a bill for inspection services, specifically designated
as a final bill, which the Borough Council shall submit to the applicant.
The final bill shall include inspection fees incurred through the
release of financial security.
(3)
If the professional consultant and the applicant cannot
agree on the amount of expenses which are reasonable and necessary,
then the applicant shall have the right, within 100 days of the transmittal
of the final bill or supplement to the final bill to the applicant,
to request the appointment of another professional consultant to serve
as an arbitrator. The applicant and professional consultant whose
fees are being challenged shall, by mutual agreement, appoint another
professional consultant to review any bills the applicant has disputed
and which remain unresolved and make a determination as to the amount
thereof which is reasonable and necessary. The arbitrator shall be
of the same profession as the professional consultant whose fees are
being challenged.
(4)
The arbitrator so appointed shall hear such evidence
and review such documentation as the arbitrator in his or her sole
opinion deems necessary and shall render a decision no later than
50 days after the date of appointment. Based on the decision of the
arbitrator, the applicant or the professional consultant whose fees
were challenged shall be required to pay any amounts necessary to
implement the decision within 60 days. In the event the Borough has
paid the professional consultant an amount in excess of the amount
determined to be reasonable and necessary, the professional consultant
shall within 60 days reimburse the excess payment.
(5)
In the event that the Borough's professional consultant
and applicant cannot agree upon the arbitrator to be appointed within
20 days of the request for appointment of an arbitrator, 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 arbitrator, who, in that case,
shall be neither the Borough's professional consultant nor any professional
consultant who has been retained by, or performed services for, the
Borough or the applicant within the preceding five years.
(6)
The fee of the arbitrator shall be paid by the applicant if the disputed
fee is upheld by the arbitrator. The fee of the arbitrator shall be
paid by the charging party if the disputed fee is $2,500 or greater
than the payment decided by the arbitrator. The fee of the arbitrator
shall be paid in an equal amount by the applicant and the charging
party if the disputed fee is less than $2,500 of the payment decided
by the arbitrator.
(7)
In the event that the disputed fees have been paid and the arbitrator
finds that the disputed fees are unreasonable or excessive by more
than $10,000, the arbitrator shall:
(8)
The Borough or the applicant shall have 100 days after paying a fee
to dispute any fee charged as being unreasonable or excessive.
[Amended 4-19-1994 by Ord. No. 69]
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.
[Amended 4-19-1994 by Ord. No. 69]
A.
Upon the approval of a final plat, the developer shall,
within 90 days of such final approval or 90 days after the date of
delivery of an approved plat signed by the governing body following
completion of conditions imposed for such approval, whichever is later,
record such plat in the office of the recorder of deeds of the county
in which the Borough of Bonneauville 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[Added 4-19-1994 by Ord. No. 69]
After a plat has been approved and recorded
as provided in this chapter, all streets and public grounds on such
plat shall be, and become a part of the Official Map of the Borough
of Bonneauville without public hearing.
[Amended 4-19-1994 by Ord. No. 69]
Changes in this chapter shall affect plats as
follows:
A.
From the time an application for approval of a plat,
whether preliminary or final, is duly filed as provided in this chapter,
and while such application is pending approval or disapproval, no
change or amendment of this chapter, zoning or other governing ordinance
or plan shall affect the decision on such application adversely to
the applicant and the applicant shall be entitled to a decision in
accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly approved. The applicant
shall be entitled to final approval in accordance with the terms of
the approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
B.
When an application for approval of a plat, whether
preliminary or final, has been approved without conditions or approved
by the applicant's acceptance of conditions, no subsequent change
or amendment in this chapter, zoning or other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval.
C.
Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the
preliminary approval. In the case of any doubt as to the terms of
a preliminary approval, the terms shall be construed in the light
of the provisions of this chapter or the governing ordinance or plans
as they stood at the time when the application for such approval was
duly filed.
D.
Where the landowner has substantially completed the
required improvements as depicted upon the final plat within the aforesaid
five-year limit, or any extension thereof as may be granted by the
Borough Council, no change of any ordinance or plan enacted subsequent
to the date of filing of the preliminary plat shall modify or revoke
any aspect of the approved final plat pertaining to zoning classification
or density, lot, building, street or utility location.
E.
In the case of a preliminary plat calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the landowner with the preliminary plat delineating
all proposed sections as well as deadlines within which applications
for final plat 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 plat approval, until final plat
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.
F.
Each section in any residential subdivision or land
development, except for the last section, 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. Provided the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plat approval,
including compliance with landowner's aforesaid schedule of submission
of final plats for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plat within five years shall apply and for any section or
sections, beyond the initial section, in which the required improvements
have not been substantially completed within said five-year period
the aforesaid protections shall apply for an additional term or terms
of three years from the date of final plat approval for each section.
G.
Failure of landowner to adhere to the aforesaid schedule
of submission of final plats for the various sections shall subject
any such section to any and all changes in this chapter, zoning, and
other governing ordinance enacted by the Borough of Bonneauville subsequent
to the date of the initial preliminary plan submission.
No right-of-way, easement, public grounds, street
or other public improvement shall be accepted by the Borough, authority,
utility or other public entity until such has been provided and/or
installed and approved in accordance with the provisions of this chapter.
At the time of submission of plans for review
and approval, the developer shall pay to the Borough the fees as set
forth in the Borough Resolution establishing fee schedules. (A copy
is on file in the Borough Building.)
[Added 4-19-1994 by Ord. No. 69; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Review fees may include reasonable and necessary charges
by the Borough's professional consultants for review and report thereon
to the Borough and shall be set by resolution. Such review fees shall
be reasonable and in accordance with the ordinary and customary charges
for similar service in the community, but in no event shall the fees
exceed the rate or cost charged by the professional consultant for
comparable services to the Borough for services which are not reimbursed
or otherwise imposed on applicants. Fees charged to the Borough relating
to any appeal of a decision on an application shall not be considered
review fees and may not be charged to an applicant.
B.
The Borough Council shall submit to the applicant
an itemized bill showing work performed, identifying the person performing
the services and the time and date spent for each task. Nothing in
this subsection shall prohibit interim itemized billing or municipal
escrow or other security requirements. In the event the applicant
disputes the amount of any such review fees, the applicant shall,
no later than 100 days after the date of transmittal of the bill to
the applicant, notify the Borough and the Borough's professional consultant
that such fees are disputed and shall explain the basis of their objections
to the fees charged, in which case the Borough shall not delay or
disapprove a subdivision or land development application due to the
applicant's dispute over fees. Failure of the applicant to dispute
a bill within 100 days shall be a waiver of the applicant's right
to arbitration of that bill under Section 510(g) of the Municipalities
Planning Code [53 P.S. § 10510(g)].
C.
In the event that the Borough's professional consultant
and the applicant cannot agree on the amount of review fees which
are reasonable and necessary, then the applicant and the Borough shall
follow the procedure for dispute resolution set forth in Section 510(g)
of the Municipalities Planning Code [53 P.S. § 10510(g)],
provided that the arbitrator resolving such dispute shall be of the
same profession or discipline as the professional consultant whose
fees are being disputed.
D.
Subsequent to a decision on an application, the Borough Council shall
submit to the applicant an itemized bill for review fees, specifically
designated as a final bill. The final bill shall include all review
fees incurred at least through the date of the decision on the application.
If for any reason additional review is required subsequent to the
decision, including inspections and other work to satisfy the conditions
of the approval, the review fees shall be charged to the applicant
as a supplement to the final bill.
