No land development or subdivision of any lot,
tract or parcel of land shall be effected and no street, sanitary
sewer, storm sewer, water main or other facilities in connection therewith
shall be laid out, constructed, opened or dedicated for public use
and travel or be in common use of occupants of buildings abutting
thereon except in strict accordance with the provisions of this chapter.
A.
Upon the approval of the final plat, the developer
shall, within 90 days of such final approval, or 90 days after the
date of delivery of an approval plat signed by the governing body
following completion of conditions imposed for such an approval, whichever
is later, record such plat in the office of the Montour County Recorder
of Deeds and forthwith file with the Commission a Recorder’s
certificate that the approved application has been recorded, with
the deed book and page numbers indicated, and two copies of the application
as recorded. The Recorder of Deeds shall not accept any plat for recording
unless such plat officially notes the Borough's approval and review
by the Montour County Planning Commission.[1]
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.
C.
After an approved subdivision plan shall have been
officially recorded, the streets, parks and other public improvements
shown thereon shall be considered to be a part of the Official Plan
of the municipality.
D.
Streets, parks and other public improvements shown
on a subdivision plan to be recorded may be offered for dedication
to the municipality by formal notation thereof on the plan, or the
owner may note on such plan that any such improvements have not been
offered for dedication to the municipality.
E.
Every street, park or other improvement shown on a
subdivision plan that is recorded as provided herein shall be deemed
to be a private street, park or improvement until such time as the
same shall have been offered for dedication to the municipality and
accepted by ordinance or resolution or until it shall have been condemned
for use as a public street, park or other improvement.
No lot in a subdivision may be sold and no permit
to erect or alter any building upon land in a subdivision may be issued
unless and until a plan of such subdivision shall have been approved
and properly recorded and until improvements required by the governing
body shall have been constructed or guaranteed as herein provided.
Where, owing to special conditions, a literal enforcement of this
provision would result in unnecessary hardship, the governing body
may make such reasonable exception thereto as will not be contrary
to the public interest and may permit the sale of a lot, issuance
of a permit or erection of a building subject to conditions necessary
to assure adequate streets and other public improvements.
A.
The governing body shall not approve any land development
or subdivision plan except in strict conformance with the provisions
of this chapter.
B.
The governing body may alter any land development
or subdivision plan and specify alterations, changes or modifications
therein which it deems necessary and may make its approval subject
to such alterations, changes or modifications.
C.
No road, street, lane, alley or related improvement
shall be accepted as a part of the highway system of the municipality
or for maintenance unless opened, laid out, graded and improved in
strict accordance with the standards and specifications of the municipality.
D.
Before acting to approve any subdivision plan, the
governing body may arrange a public hearing thereon after giving such
notice as may be deemed desirable in each case.
E.
Before approving any land development or subdivision plan, the governing body shall require a written agreement that the necessary grading, paving, street improvements, curbs, sidewalks, streetlights, fire hydrants, water mains, sanitary sewers and other improvements as may be required by the governing body shall be installed by the subdivider/developer in strict accordance with the standards and specifications of this chapter and in accordance with the procedures and requirements set forth in § 220-8B(3) hereof.
