A. 
Hereafter all plans for the subdivision or development of land within the limits of Westmont Borough shall be reviewed by the Westmont Borough Planning Committee and other Borough, state or county officials as deemed necessary and shall be approved or disapproved by the Borough Council in accordance with procedures specified in these regulations. The provisions and requirements of these regulations shall apply to and control all land subdivisions which have not been recorded in the office of the Recorder of Deeds in and for Cambria County, Commonwealth of Pennsylvania, prior to the effective date of these regulations; provided, however, that any change in a recorded plan, except as noted in Article II, § 198-16, shall constitute a resubdivision and shall make said plan subject to any and all of these regulations. Any approval not processed as required hereafter shall be null and void unless it was made prior to the adoption of this chapter.
B. 
If a developer proposes a large-scale development (10 acres or more), he may desire to construct said development in steps or phases. As the Pennsylvania Municipalities Planning Code (Act No. 247)[1] allows for such phased developments, the Borough of Westmont shall grant tentative approval for the entire project, or for that portion of the project that can be completed within five years of initial plan submission. The developer shall then submit an application for final plan approval in phases, as delineated on the preliminary plan. As so submitted, site improvements would also be constructed in phases and not all at once. As each phase is completed, the developer shall submit an application for final approval of the next phase of development. This process shall continue until all phases of the project (development) are complete. If, however, no development takes place within three years from the date of plan approval, the developer shall comply with any change in local ordinances that have been enacted since his preliminary plan was approved. Applicants are urged to consult the Cambria County Conservation District for assistance in determining the most effective stormwater management measures to be utilized on the development site both during and after construction. The applicant is also urged to submit a sketch plan with a narrative description of these measures.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Plan to be filed with Borough Council. Copies of the sketch plan for all proposed subdivisions and all required supporting data shall be submitted to the Westmont Borough Secretary by the subdivider or his representative authorized in writing to submit the plan.
B. 
Number of copies. Twenty-two legible black-line or blue-line paper prints of the sketch plan shall be required. Plans shall fully comply with requirements of Article III, § 198-18, of these regulations.
[Amended 6-11-2002 by Ord. No. 766]
C. 
Distribution of sketch plan. The Westmont Borough Secretary (or his representative) shall immediately (next business day) refer the sketch plans to the following:
(1) 
One copy to the County Planning Commission.
(2) 
Eight copies to the Westmont Borough Planning Committee.
[Amended 10-13-1992 by Ord. No. 698]
(3) 
Ten copies to the Westmont Borough Council.
[Amended 10-13-1992 by Ord. No. 698]
(4) 
One copy to the Westmont Borough Engineer.
A. 
A sketch plan shall be considered as a submission for informal discussion between the subdivider and the Westmont Borough Council. Submission of a sketch plan shall not constitute official submission of a plan to the Westmont Borough Council.
B. 
Review by the Westmont Borough Planning Committee.
(1) 
Whenever a sketch plan has been submitted to the Borough Secretary, the Secretary shall notify and distribute all sketch plan materials to the Westmont Borough Planning Committee as required by § 198-7 above. The Chairman of the Westmont Borough Planning Committee shall then schedule a meeting to review the sketch plan within 30 days of its receipt by the Borough Planning Committee.
(2) 
No official action shall be taken by the Borough Planning Committee with respect to a sketch plan until the Borough Planning Committee has received the written report of the County Planning Commission; provided, however, that if the County Planning Commission shall fail to report thereon within 30 days from the date the sketch plan was forwarded, then the Borough Planning Committee may officially act without having received and considered such report. Whenever the County Planning Commission possesses such review jurisdiction, the action of review shall not limit the appropriate authorities of the Borough Council in their ultimate and final decisions.
[Amended 10-13-1992 by Ord. No. 698]
(3) 
Notice of action.
(a) 
Within 10 calendar days after the meeting at which the sketch plan is approved or disapproved by the Borough Planning Committee, the Borough Planning Committee's Secretary shall send written notice of the Borough Planning Committee's action, including changes or modifications, if any, required or recommended that it deems necessary or advisable, to the following:
[1] 
The Westmont Borough Council.
[2] 
The County Planning Commission.
[3] 
The subdivider or his agent.
(b) 
In addition, the Westmont Borough Planning Committee shall forward to the Westmont Borough Council all copies of reports received from the County Planning Commission.
A. 
Plan to be filed with the Westmont Borough Council. Copies of the preliminary plan and all required supporting data [Department of Environmental Resources, Pennsylvania Department of Transportation (PennDOT) and Cambria County Soil Conservation Service] shall be officially submitted to the Westmont Borough Secretary by the subdivider or his representative authorized in writing to submit the plan.
B. 
Official submission of preliminary plan shall comprise:
(1) 
Three completed copies of the Application for Review of a Preliminary Subdivision Plan.
(2) 
Twenty-two legible black-line or blue-line paper prints of the preliminary plan shall be required. Plans shall fully comply with the requirements of Article III, § 198-19, of these regulations.
[Amended 10-13-1992 by Ord. No. 698; 6-11-2002 by Ord. No. 766]
(3) 
Four completed copies of the Department of Environmental Resources (DER) Subdivision Sewage Disposal Report whenever soil percolation tests are required.
(4) 
Three copies of all other required information. (DER, Cambria County Soil Conservation Service, PennDOT).
C. 
Filing fee. The Westmont Borough Secretary, or his representative, shall collect a filing fee as established by the Westmont Borough Council for all subdivisions. Fees shall be charged in order to cover the costs of examining plans and other expenses incidental to the approval of subdivisions. The subdivider shall pay the fee at the time of application for approval of a preliminary plan.
D. 
Distribution of preliminary plan. The Westmont Borough Secretary (or his representative) shall immediately (next business day) refer the preliminary plan, after all required fees have been collected, to the following:
(1) 
One copy to the Westmont Borough Planning Committee, including one copy of the application form and other required reports.
(2) 
One copy of the plan to the County Planning Commission and one copy of all required supporting documents.
(3) 
Four copies to the Westmont Borough Council, including one copy of the application form and other required reports.
(4) 
One copy to the Westmont Borough Engineer.
(5) 
One copy to the Westmont Borough Zoning Officer, if any.
A. 
Review by the Westmont Borough Engineer. The Borough Engineer shall review the preliminary plan to determine its conformance to these Westmont Borough Subdivision Regulations. The Borough Engineer may recommend changes, alterations or modifications, as he may deem necessary. The report of the Borough Engineer shall be in writing and shall be submitted to the Westmont Borough Planning Committee prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Westmont Borough Planning Committee. The report shall include an estimate of the cost of construction of all improvements as required by this chapter.
B. 
Review by the Westmont Borough Zoning Officer. The Westmont Borough Zoning Officer shall review the preliminary plan to determine its conformance to the Westmont Borough Zoning Ordinance.[1] The Zoning Officer shall check all zoning data as required to be shown under Article III, § 198-19, to determine if information shown is in accordance with latest amendments to the Zoning Ordinance. The report from the Westmont Borough Zoning Officer as to the accuracy of the information shown shall be submitted to the Westmont Borough Planning Committee prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Planning Committee.
[1]
Editor's Note: See Ch. 225, Zoning.
C. 
Review by the Pennsylvania Department of Transportation. If a proposed subdivision abuts or is traversed by a state road, the Westmont Borough Secretary shall require two additional copies of the preliminary plan and shall transmit these to the district office of the Pennsylvania Department of Transportation for its review and comments.
D. 
Review by the Westmont Borough Planning Committee.
(1) 
Whenever a preliminary plan has been submitted to the Borough Secretary, the Secretary shall notify and distribute all preliminary plan materials to the Westmont Borough Planning Committee as required by § 198-7 above. The Chairman of the Westmont Borough Planning Committee shall then schedule a meeting to review the preliminary plan within 30 days of its receipt by the Borough Planning Committee.
(2) 
No official action shall be taken by the Borough Planning Commission with respect to a preliminary plan until the Committee has received the written report of the County Planning Commission and the Pennsylvania Department of Transportation; provided, however, that if these reports are not received within 45 days after transmittal to these agencies, then the Borough Planning Committee may officially act without having received and considered such report. In any event, the Borough Planning Committee shall take official action no later than five days after the expiration of the aforesaid forty-five-day period.
(3) 
During review of the preliminary plan, the Borough Planning Committee shall consider the written reports of the Borough Engineer and the Westmont Borough Zoning Officer, if any, before making its final decision.
(4) 
Decision.
(a) 
If review by the Borough Planning Committee is favorable, or unfavorable because the requirements of this chapter have not been met, or the Borough Planning Committee deems changes or modifications of the plan submitted are advisable or necessary, such decision and the reasons therefor shall be given in written form by the Secretary of the Borough Planning Committee within two days after the meeting at which the preliminary plan is reviewed to the following:
[1] 
The Westmont Borough Council.
[2] 
The County Planning Commission.
[3] 
The subdivider or his agent.
(b) 
In addition, the Borough Planning Committee shall forward to the Westmont Borough Council copies of all reports received from the County Planning Commission, Department of Transportation, Westmont Borough Zoning Officer and Westmont Borough Engineer.
E. 
Review by the Westmont Borough Council.
(1) 
When a preliminary plan has been officially referred to the Westmont Borough Council by the Westmont Borough Planning Committee, together with its recommendation, such plan shall be reviewed at the next regularly scheduled meeting of the Westmont Borough Council or, at the discretion of the Westmont Borough Council, at a special meeting, which may be held prior thereto.
(2) 
In any event, the Westmont Borough Council shall render its decision and communicate it to the applicant no later than 90 days from the date of the first regular meeting of the Council after such application is filed. Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required shall be deemed an approval unless the applicant has agreed, in writing, to an extension of time.
[Amended 10-13-1992 by Ord. No. 698]
(3) 
The Borough Council shall review the preliminary plan and the written reports and recommendations thereon of the Westmont Borough Planning Committee, the County Planning Commission (if the same has been received), the Westmont Borough Engineer and by any other officials and official boards of the Borough, to determine the preliminary plan conformance to the standards contained in these regulations. Prior to these reports and recommendations, the Borough Council may hold a public hearing thereon after public notice to receive comments from the general public. After all desired input is received, the Westmont Borough Council may require or recommend such changes and modifications as it shall deem necessary or advisable in the public interest.
(4) 
Notice of action.
(a) 
The action of the Borough Council, either approving or disapproving the preliminary plan, shall be noted with the date of such action and the signature of the Chairman on two sets of plans. The findings and reasons upon which the action is based and citing provisions of the statute or ordinance relied upon shall be stated in the minutes and in writing. Subject to the requirements of Subsection E(2) above, within 15 days after the meeting at which the preliminary plan is reviewed the Secretary of the Borough shall send written notice of the findings, action taken and reasons thereof to the following:
[1] 
The County Planning Commission.
[2] 
The subdivider or his agent.
[3] 
The Westmont Borough Planning Committee.
(b) 
One copy of the plan shall be maintained for the permanent records of the Borough, and one copy shall be sent to the subdivider or his agent.
(5) 
Approval of the preliminary plan shall not constitute acceptance of a subdivision for recording. Approval is only an expression of approval of a general plan to be used in preparing the final subdivision plan for final approval and recording upon fulfillment of all requirements of these regulations.
(6) 
When a preliminary plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision 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 three years from such approval.
A. 
General requirements.
(1) 
Within 12 months of the Westmont Borough Council approval of the preliminary plan, a final plan shall be officially submitted to the Borough. However, an extension of time may be granted by the Borough Council upon written request. Final plans submitted after this expiration of time for which no time extension has been granted may be considered as a new preliminary plan.
(2) 
The final plan shall conform in all respects to the preliminary plan as previously reviewed by the Borough Planning Committee and the Borough Council and shall incorporate all modifications required by the Borough Council in its review of the preliminary plan.
(3) 
The Borough may permit submission of the final plan in sections or phases, each covering a reasonable portion of the entire proposed subdivision as shown on the reviewed preliminary plan.
B. 
Plans to be filed with the Westmont Borough Council. Copies of the final plan and all required supporting data shall be officially submitted to the Borough Secretary by the subdivider or his representative authorized in writing to submit the plan.
C. 
Official submission of final plan shall comprise:
(1) 
Three completed copies of the Application for Review of a Final Subdivision Plan.
(2) 
Twenty-two legible black-line or blue-line paper prints and two prints on Mylar of the final plan which shall fully comply with Article III, § 198-20, of these regulations.
[Amended 10-13-1992 by Ord. No. 698; 6-11-2002 by Ord. No. 766]
(3) 
Two copies of all other required information, including the following, if applicable:
(a) 
All offers of dedication and covenants governing the reservation and maintenance of undedicated open space, which shall bear the certificate of approval of the Borough Solicitor as to their legal sufficiency.
(b) 
Such private deed restrictions, including building reserve lines, as may be imposed upon the property as a condition of sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided.
(4) 
Whenever a subdivider proposes to establish a street which is not offered for dedication to public use, the Borough Planning Committee or Borough Council may require the subdivider to submit, and also to record with the Borough Council on behalf of his heirs, successors and assigns, a written statement, approved by the Borough Solicitor, and which shall establish the conditions under which the street may later be offered for dedication and shall stipulate, among other things, the following:
[Amended 10-13-1992 by Ord. No. 698]
(a) 
The street shall conform to Borough specifications, or the owners of the abutting lots shall include with the offer or dedication sufficient money, as estimated by the Borough Engineer, to restore the street to conformance with the Borough specifications.
(b) 
An offer to dedicate the street shall be made only for the street as a whole.
(c) 
The method of assessing repair costs shall be stipulated.
(d) 
Agreement by the owners of 51% of the front footage thereon shall be binding on the owners of the remaining lots.
(5) 
Wherever approval by the Pennsylvania Department of Environmental Resources or the Cambria County Soil and Water Conservation District is required for the water supply of sanitary sewage disposal system(s) or erosion and sedimentation control for a proposed subdivision, the Borough Planning Committee shall require that two copies of such certification of approval shall be submitted with the final plan.
D. 
Filing fees. The subdivider shall pay any additional fees, if required. There shall be no refund or credit of any portion of the fee should the subdivider fail to apply for final approval within the required period of time or if the final plan covers only a section of the subdivision for which preliminary approval has been obtained.
E. 
Distribution of final plan. The final plan shall be distributed in accordance with the requirements of Article II, § 198-9, for preliminary plans. In addition, the Secretary shall forward the linen or Mylar print of the final plan to the Borough Planning Committee.
A. 
Review by the Borough Engineer. The final plan shall be reviewed and a written report submitted as required under Article II, § 198-10, for preliminary plans.
B. 
Review by the Borough Zoning Officer. The final plan shall be reviewed and a written report submitted by the Borough Zoning Officer as required under Article II, § 198-10, for preliminary plans.
C. 
Review by the Borough Planning Committee. The final plan shall be reviewed, in accordance with the procedure required under Article II, § 198-10, of these regulations for preliminary plans. In addition:
(1) 
If all the requirements of this chapter are met and the review is favorable, the Planning Committee shall authorize its Chairman, with the Secretary so attesting, to endorse the final plan "Reviewed and Approved by the Westmont Borough Planning Committee," together with the date of such action.
(2) 
The final plan, with the Westmont Borough Planning Committee's endorsement, shall be forwarded to the Borough Council.
D. 
Review by the Westmont Borough Council. The final plan shall be reviewed in accordance with the procedures as required under Article II, § 198-10, of these regulations for preliminary plans. In addition:
(1) 
Before acting on a final plan, the Borough Council shall arrange for a public hearing. The public hearing may be held by the Borough Council after the final plan has been submitted to the Borough Council and before the review required by Subsections A, B and C above. If a public hearing has been held upon a preliminary plan, no public hearing is required unless the final plan departs substantially from the preliminary plan.
(2) 
If the Borough Council approves the final plan, the final plan shall be signed by the Chairman and the Secretary, together with the date of action.
(3) 
A performance guaranty or a certificate of satisfactory installation, as required under Article II, § 198-14, shall be required before the final plan is released for recording.
(4) 
The final plan, with the Borough Council approval and the Borough Seal, shall be forwarded to the subdivider for recording.
A. 
After approval by the Borough Council and the Borough Planning Committee, and with all endorsements indicated on the final plan, the subdivider shall record his plan. No subdivision plan shall be legally recorded unless it bears the Borough Council approval and Seal. This action shall constitute the changing of the final plan to the record plan.
B. 
After the final plan has been approved by the appropriate Borough authorities, the Borough Council shall require and the developer shall supply one reproducible copy of the final plan, as approved, for their permanent files.
C. 
The record plan shall be a clear and legible black-line or blue-line print on Mylar.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
D. 
The subdivider shall file the record plan with the County Recorder of Deeds within 90 days of the date of final approval by the Borough Council. If the subdivider fails to record the record plan within such period, the action of the Borough Council and Borough Planning Committee shall be null and void unless an extension of time is granted in writing by the Borough Council after written request to do so by the subdivider.
Prior to final approval of the final plan, the subdivider shall guarantee the installation of all required improvements by one of the following methods:
A. 
By installing the improvements required by Article V of these subdivision regulations to the satisfaction of the Borough Engineer and the Borough Council and obtaining a certificate from the Borough Engineer that all improvements have been installed in accordance with the standards and requirements contained in these regulations or required by the Borough Council.
B. 
Performance guaranty.
(1) 
In lieu of completing all of the improvements required, the subdivider may post a performance guaranty in the amount of 100% of the cost of all improvements required by this chapter and as estimated by the Borough Engineer for that portion of the subdivision which the subdivider has submitted to the Borough Council for final plan approval. The performance guaranty may be either a performance bond with corporate surety or other security acceptable to the Borough Council. Performance guaranties shall be submitted in a form and with a surety approved by the Borough Solicitor guaranteeing the construction and installation of all improvements within a stated period which shall not be longer than three years from the date of final subdivision approval.
(2) 
Upon written application signed by both the obligor and surety of a performance guaranty, in a form approved by the Borough Solicitor, the Borough Council may at its discretion extend said period by not more than three additional years.
(3) 
The amount of the performance guaranty may be reduced by the Borough Council by resolution as and when portions of the required improvements have been installed. In the event of default, the obligor and surety shall be liable thereon to the Borough Council for the cost of the improvements or parts thereof not installed. Upon receipt of the proceeds thereof, the Borough shall install the improvements. If cost of the improvements exceeds the amount of the performance guaranty, then the subdivider shall be liable for the amount in excess which the Borough has actually expended for such improvements. In case the amount of the performance guaranty exceeds the actual cost of improvements made, the Borough shall return the unused sum to the surety or the person who has paid or deposited the performance guaranty.
(4) 
Performance guaranties shall not be released except by written permission from the Borough Council.
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 the Council 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. 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, in writing, by certified or registered mail, of its action.
C. 
If the Borough Council or the Borough Engineer fail 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 his performance guaranty.
D. 
If any portion of 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.
Any revision or resubdivision of land which includes changes to a recorded plan shall be considered a subdivision and shall comply with all regulations of this chapter, except that:
A. 
Lot lines may be changed from those shown on a recorded plan, provided that in making such changes:
(1) 
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 225, Zoning.
(2) 
Easements or rights-of-way reserved for drainage shall not be changed.
(3) 
Street locations and block sizes shall not be changed.
(4) 
No lot shall be created which does not abut an existing or a proposed street.
B. 
In every case wherein lot lines are changed as permitted by the above, the subdivider shall prepare a new record plan and shall submit the record plan to the Borough Council for the endorsements of the Borough Planning Committee and Borough Zoning Officer. (The new record plan shall specifically identify the previous record plan superseded and shall also contain the record reference if the previous record plan has been recorded.) The subdivider shall then record the new plan in accordance with Article II, § 198-13, of this chapter.
A. 
All streets, parks or other improvements shown on the subdivision plan, recorded or otherwise, shall be deemed to be private until such time as the same has been offered for dedication to the Borough and accepted by resolution of the Borough Council.
B. 
Before acceptance of any street, park or other improvements, the Borough Council shall require the subdivider to file a maintenance guaranty in an amount of not less than 5% of the Borough Engineer's estimate of the cost of all improvements required by this chapter. Such maintenance guaranty shall be in a form and with a surety approved by the Borough Solicitor, guaranteeing that the subdivider shall maintain all improvements in good condition for a period of two years after completion of construction or installation of all improvements.