A.
Conditions binding. All conditions of any preliminary and final approval
shall be binding upon all present and future owners, tenants, occupants,
lessors, lessees, heirs, assignees, developers, contractors and subcontractors.
B.
Prior to the subdivision or resolution of land within the municipality
as a condition of the filing of subdivision plats with the County
Recording Officer, a resolution of approval of the reviewing board
is required, as is the approval of site plans by the issuance of a
permit for any development, except that subdivisions or individual
lot application for detached one- or two-dwelling-unit buildings shall
be exempt from such site plan review and approval.
C.
Failure to maintain. All persons receiving development approval for
property or their successors in title shall be responsible for installing,
maintaining and properly utilizing on-site, off-site and off-tract
improvements, drainage facilities, and other requirements of the Board
as reflected on the plans and in the Board minutes. Failure of the
property owner to install, maintain and/or utilize improvements as
provided by the subdivision approval shall constitute a violation
of this Part 1 and shall be subject to the enforcement procedures
set forth herein.
A.
All improvements which are proposed in conjunction with a subdivision or site plan application shall be constructed in accordance with the provisions of this Part 1. Prior to the granting of final approval or as a condition of final approval, the subdivider shall have installed or shall have furnished a performance guarantee (in accordance with § 295-44 of this Part 1) for the ultimate installation of the following improvements:
(1)
Streets.
(2)
Pavements and curbing.
(3)
Sidewalks.
(4)
Streetlighting.
(5)
Electric/telephone lines.
(6)
Street signs.
(7)
Shade trees.
(8)
Monuments.
(9)
Storm and sanitary sewers, water mains and culverts.
(10)
Any other improvements deemed necessary by the Borough Engineer
to promote the public welfare.
B.
The standards and requirements set forth in this Part 1 shall be
considered to be the minimum requirements necessary for the protection
of the public health, safety and general welfare of the Borough. However,
should an applicant demonstrate that, due to an extraordinary or exceptional
situation affecting a specific property, or that any requirement or
standard is clearly not necessary in order to achieve the objectives
of this Part 1, the literal enforcement of any regulation is impracticable
or would exact an undue hardship, the approving authority may grant
variances or waivers as may be reasonable. Failure of the developer,
his contractor or his agents to conform to the standards and specifications
as required by this Part 1 will be considered just cause for suspension
of the work being performed, and no person, firm or corporation shall
have the right to demand or claim damages from the Borough, its officers,
agents or servants by reason of suspension.
A.
General cost. As a condition of final subdivision or site plan approval,
the reviewing board may require an applicant to pay a pro rata share
of the cost of providing reasonable and necessary circulation improvements
and water, sewerage, drainage facilities and other improvements, including
land and easements, located off tract of the property limits of the
subdivision or development but necessitated or required by the development.
"Necessary" improvements are those clearly and substantially related
to the development in question. The reviewing board shall provide
in its resolution of approval the basis of the required improvements.
The capacity and design of proposed improvements shall be based upon
the circulation plan element and utility service plan element of the
adopted Master Plan. The proportionate or pro rata amount of the cost
of such facilities within a related or common area shall be based
on the following criteria.
B.
Cost allocation.
(1)
Full allocation. In cases where off-tract improvements are necessitated
by the proposed development and where no other property owner(s) receives
a special benefit thereby, the applicant may be required, at his sole
expense and as a condition of approval, to provide and install such
improvements.
(2)
Proportionate allocation.
(a)
Where it is determined that properties outside the development
will also be benefited by the off-tract improvements, the following
criteria shall be utilized in determining the proportionate share
of the cost of such improvements to the developer.
(b)
Allocation formula.
[1]
Sanitary sewers. The applicant's proportionate share of distribution
facilities, including the installation, location or replacement of
collector, trunk and interceptor sewers and associated appurtenances,
shall be computed as follows:
[a]
The capacity and design of the sanitary sewer system
shall be based on the standards specified in this Part 1.
[b]
The Borough Engineer or Planner shall provide the
applicant with the existing and reasonably anticipated peak hour flows
as well as capacity limits of the affected sewer system.
[c]
If the existing system does not have adequate capacity
to accommodate the applicant's flow given existing and reasonably
anticipated peak hour flows, the pro rata share shall be computed
as follows:
|
Total Cost of Enlargement Improvement
|
Capacity of Enlargement in Gallons Per Day (GPD)
| |
|
|
=
|
|
|
Developer's Cost
|
Development (GPD) to be Accommodated by the Enlargement or Improvement
|
[2]
Water supply. The applicant's proportionate share of water distribution
facilities, including the installation of water mains, hydrants, valves,
and associated appurtenances, shall be computed as follows:
[a]
The capacity and design of the water supply system
shall be based on the standards specified in this Part 1.
[b]
The Borough Engineer or Planner shall provide the
applicant with the existing and reasonable anticipated capacity limits
of the affected water supply system in terms of average demand, peak
demand and fire demand.
[c]
If the existing system does not have adequate capacity,
as defined above, to accommodate the applicant's needs, the pro rata
share shall be computed as follows:
|
Total Cost of Enlargement Improvement
|
Capacity of Enlargement in Gallons Per Day (GPD)
| |
|
|
=
|
|
|
Developer's Cost
|
Development (GPD) to be Accommodated by the Enlargement or Improvement
|
[3]
Roadways. The applicant's proportionate share of street improvements,
alignment, channelization, barriers, new curbs, sidewalks, trees,
utility improvements not covered elsewhere, the construction or reconstruction
of new or existing streets, and other associated street or traffic
improvements shall be as follows:
[a]
The Borough Engineer or Planner shall provide the
applicant with the existing and reasonable anticipated future peak
hour traffic for the off-tract improvement.
[b]
If the existing system does not have adequate capacity
as defined above, the pro rata share shall be computed as follows:
|
Total Cost of Enlargement Improvement
|
Projected Total Peak Hour Volumes
| |
|
|
=
|
|
|
Developer's Cost
|
Development-Generated Peak Hour Volumes
|
[4]
Drainage improvements. The applicant's proportionate share of
stormwater and drainage improvements, including the installation,
relocation or replacement of storm drains, culverts, catch basins,
manholes, riprap, improved drainage ditches and appurtenances, and
relocation or replacement of other storm drainage facilities or appurtenances,
shall be determined as follows:
[a]
The capacity and design of the drainage system
to accommodate stormwater runoff shall be based on the standard specified
in this Part 1, computed by the developer's engineer and approved
by the Borough Engineer.
[b]
The capacity of the enlarged, extended or improved
system required for the subdivision and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer, subject to approval of the Borough Engineer. The plans for
the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the Borough
Engineer. The pro-rata share for the proposed improvements shall be
computed as follows:
|
Total Cost of Enlargement Improvement
|
Capacity of Enlargement Gallon Per Day (GPD)
| |
|
|
=
|
|
|
Developer's Cost
|
Development (GPD) to be Accommodated by the Enlargement or Improvement
|
[5]
Other improvements. The applicant's proportionate share of other
capital improvements shall be computed as follows:
|
Total Cost of Enlargement Improvement
|
Capacity of Facility Enlargement
| |
|
|
=
|
|
|
Developer's Cost
|
Development-Generated Share of the Enlargement or Improvement
|
(c)
Escrow accounts. Where the proposed off-tract improvements are
to be undertaken at some future date, monies required for the improvement
shall be deposited in a separate interest-bearing account to the credit
of the municipality until such time as the improvement is constructed.
If the off-tract improvement is not begun within three years of deposit,
all monies and interest shall be returned to the applicant.
