Borough of Danville, PA Article III Plan Requirements and Processing Procedures

§ 220-4 Compliance required; submission to Planning Commission.

The plan requirements and processing procedures shall be followed by subdividers as set forth herein and shall be submitted to the official Planning Commission of the municipality for review and approval prior to consideration or approval by the governing body.

§ 220-5 Effect of filing an application; schedule of submissions. [1]

With the exception of minor subdivisions, at the time of filing the preliminary application and the final application, the applicant shall include a check payable to the Borough of Danville in the amount specified in Schedule I[2] hereof. Said fee shall be treated as a deposit against the final review fee for the preliminary application and the final application. Review fees shall include the reasonable and necessary charges by the Borough's professional consultants for review and report thereon to the Borough of Danville. Such fees shall also cover the cost of inspection of improvements; provided, however, that the applicant shall not be required to reimburse the Borough for any inspection which is duplicative of inspections covered by other governmental agencies or public utilities; the burden of proving that any inspection is duplicative shall be on the applicant. In addition, fees charged to the Borough relating to any appeal of a decision shall not be considered review fees and may not be charged to the applicant.

A. 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.

B. Changes in regulations following plat approval.

(1) When an application for approval of a plat, whether preliminary or final, has been approved or approved without condition or approved by the applicant's acceptance of conditions, 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 five years from such approval.

(2) The five-year period shall be extended for the duration of any litigation, including appeals, which prevents the commencement or completion of the development, and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of any application for preliminary approval of a plat. In the event of an appeal filed by any party for the approval or disapproval of a plat, the five-year period shall be extended by the total time from the date the appeal was filed until a final order in such matter has been entered and all appeals have been concluded and any period for filing appeals or requests for reconsideration have expired; provided, however, that no extension shall be based on any water or sewer moratorium which was in effect as of the date of the filing of a preliminary application.

[Added 12-9-2002 by Ord. No. 447]

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 the governing ordinances 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 governing body, no change of municipal 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 or 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 governing body 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 governing body in its discretion. Provided that the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with the 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 the 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 zoning, subdivision and other governing ordinance enacted by the municipality subsequent to the date of the initial preliminary plan submission.

H. Applicability of ordinance amendments. When an application for either special exception or a conditional use has been filed with either the Zoning Hearing Board or the governing body, as relevant, and the subject matter of such application would ultimately constitute either a land development or a subdivision, no change or amendment of the zoning, subdivision, or other governing ordinance or plans 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 filed. Provided, further, should such an application be approved by either the Zoning Hearing Board or governing body, as relevant, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or longer or as may be approved by either the Zoning Hearing Board or the governing body following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before either the Zoning Hearing Board or governing body. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of Section 508(1) through (4) of the Pennsylvania Municipalities Planning Code,[3] as amended, and specifically to the time limitations of said Section 508(4) which shall commence as of the date of filing such land development or subdivision plan.

[Added 12-9-2002 by Ord. No. 447]

[3] Editor's Note: See 53 P.S. § 10508.

I. No application will be considered at a regular monthly meeting of the Borough Planning Commission unless it has been submitted, with required fees, not later than the first day of the month in which consideration is requested, unless this requirement is waived by the Planning Commission on a case-by-case basis.

[Added 1-9-2007 by Ord. No. 479]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: See § 220-29, Fees.

§ 220-6 Preapplication.

A. Procedure for preapplication plans and data. Prior to the preparation and filing of the preliminary application, the subdivider/developer may submit to the Commission the following plans and data and shall ascertain from the Commission those elements which should be considered in the design of the subdivision/development. These shall include any features of the municipality's future Land Use Plan, Thoroughfare Plan or Community Facilities Plan or of any plans of the Commission, including but not limited to proposed streets, recreation areas, drainage reservations, shopping centers and school sites.

B. Specifications for preapplication plans and data. Preapplication plans and data shall be labeled as such and shall include the following:

(1) General information describing or outlining existing covenants, land characteristics, community facilities and utilities and information describing the proposed subdivision and development such as the number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas, other public areas, proposed protective covenants, proposed sewage disposal and other utilities and street improvements.

(2) A location map showing the relationship of the proposed subdivision/development to existing community facilities which serve or influence it, which shall include the name of the development, the location of any existing facilities, traffic arteries, public or other schools, parks, playgrounds, utilities, churches, shopping centers, airports, hospitals, principal places of employment, title, scale, North arrow and date. Hazardous features shall also be shown, such as open mine shafts and areas subject to periodic flooding.

(3) A map showing the location of the proposed subdivision with respect to the municipality's flood-prone areas, including information on but not limited to the regulatory flood elevations, boundaries of flood-prone areas, proposed lots and sites, fills, flood or erosion protective facilities and areas subject to special deed restrictions.

(4) Where the subdivision lies partially or completely in a flood-prone area or where the subdivision borders on a flood-prone area, the preapplication plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours at intervals of two or five feet, depending upon the slope of the land, and identify accurately the boundaries of the flood-prone areas.

§ 220-7 Minor subdivisions.

A. Submission. Not less than 15 days prior to the meeting of the Planning Commission at which the application is to be considered, the developer shall submit six copies of a minor subdivision plat of any minor subdivision to the Borough Planning Commission and two copies to the Montour County Planning Commission, with appropriate fees. Said minor subdivision plat shall outline the developer's proposals in sufficient detail to permit a determination by the Planning Commission that the proposed subdivision conforms to the provisions of this chapter, including but not limited to a property survey performed by a registered surveyor.

B. Review and approval.

(1) Upon completion of the review by the Borough Planning Commission, the Borough Planning Commission shall refer the application, along with its recommendations, to the Borough Council for final action. Such final action by the Borough Council shall be communicated to the developer, in writing, not later than 90 days following the date of the regular meeting of the Commission next following the date the application is filed, or after a final order of the court remanding an application, provided that should said next regular meeting occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application has been filed, or the final order of the court. Such written notification shall include recommendations for such changes as may be required.

[Amended 12-9-2002 by Ord. No. 447]

(2) The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.

(3) The Borough Council's approval shall be expressed by placing the following official stamp upon the minor subdivision plat:

	"Approved by the Danville Borough Council this _____ day of __________, _____.
	Signed ___________________________________ President
	Signed ___________________________________ Secretary"

C. Filing. The Borough Council shall retain one copy of the approved minor subdivision plat in its files; one copy shall be provided to the Secretary of the Borough Planning Commission; and two copies shall be returned to the developer, who shall file one copy in the office of the Recorder of Deeds of the county within 90 days of the approval thereof. Such approval shall be nullified unless so filed or unless an extension of time is granted by the Borough Council upon the written request of the subdivider. Such an extension shall be granted automatically by the Borough Council for a period of 30 days; provided, however, that only one extension shall be authorized.

§ 220-8 Major subdivision/commercial land development.

A. Preliminary application procedure.

(1) Filing. The subdivider/developer, not less than 15 days prior to the meeting of the Planning Commission at which consideration is desired, shall file with the Commission eight copies of a preliminary application for the proposed layout of the subdivision/development. All documents and data submitted hereunder shall be labeled "preliminary application."

(2) Action by Commission.

(a) The Commission shall submit all such applications to the Montour County Planning Commission for review and report, together with a fee sufficient to cover the costs of the review and report, which fee shall be paid by the applicant, provided that the Borough Council shall not approve such application until the county report is received or until the expiration of 30 days from the date the application is delivered to the county.

(b) The Commission may also submit copies of the preliminary application to the Municipal Engineer, the Municipal Authority, public utilities, the Pennsylvania Department of Environmental Protection, the County Soil Conservation Office and other public agencies and shall return the application to the subdivider/developer either approved or with recommendations for changes necessary for approval. The Borough Council shall communicate its action to the subdivider/developer in writing on such preliminary application within 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the next said regular meeting occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application has been filed. In the event that any modification from this chapter is requested by the subdivider/developer or is deemed necessary by the Borough Council for approval, the modification and the reasons for its necessity shall be entered in the records of the Borough Council.

(c) The Borough Council shall determine, except as otherwise provided herein, whether the preliminary application shall be approved, approved with modifications or disapproved and shall notify the subdivider/developer in writing thereof, including, if approved with modifications or disapproved, a statement of reasons for such action, and shall return a copy of the preliminary application to the subdivider/developer. The decision of the Borough Council shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.

(d) When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.

(e) Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have like effect.

(f) When an application is approved with modifications, the developer shall agree to such modifications in writing. Failure to return such a written acceptance within 30 days of notification shall result in disapproval of the plan.

(3) Engineering data.

(a) Before the Commission makes its recommendations to the Borough Council for final action on any submitted application, the Commission shall submit copies of the preliminary application and accompanying data to the Municipal Engineer, who shall advise the Commission as to the suitability of all engineering details and specifications. In addition, the developer must submit the plan as well as required planning modules to the Regional Office of the Pennsylvania Department of Environmental Protection, which shall review said plan for compliance with the Sewage Facilities Act.[1] The results of this review shall be presented to the Commission and/or its engineer for review.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

(b) The developer shall also present evidence of notification of all affected public utilities as to the suitability of all utility easements.

(c) All plans presented for review shall include a plan depicting what will be done by the developer to control soil erosion and sedimentation during the development stages. This plan shall be presented by the developer to both the Municipal Engineer and the Montour County Office of the United States Soil Conservation Service for their review and report.

(d) Nothing in the above subsection shall relieve the developer from complying with any other state or federal law either in effect as of the adoption of this chapter or enacted subsequent to this chapter.

(4) Approval. Approval of the preliminary application shall not constitute approval of the final subdivision/land development application by the Commission.

(5) Information to be provided.

(a) Plan specifications. The preliminary plan of the subdivision/development shall be drawn at a scale of 100 feet to one inch or larger. The preliminary plan shall show:

[1] The proposed name of the subdivision.

[2] The names and addresses of the owner and the subdivider and the developer's registered surveyor, engineer, landscape architect or land planner who prepared the plan, including the seal of the surveyor and other applicable seals.

[3] The street layout, showing the names (which, when not extensions of existing streets, shall not duplicate other names of streets in the municipality) and widths of rights-of-way of streets.

[4] The layout of lots, showing dimensions and numbers, and the existing zoning designation.

[5] Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semipublic or community purposes.

[6] A legend and notes.

[7] The building setback or front yard lines.

[8] The graphic scale, North point and date.

[9] A location map showing the subdivision name and location; the Tax Map number; major existing thoroughfares related to the subdivision, including the distance therefrom; and the title, graphic scale, North point and date.

[10] The tract boundary lines, showing dimensions, bearings and monuments.

[11] Existing streets and rights-of-way, on or adjoining the site, including dedicated widths and roadway widths.

[12] Easements' locations, widths and purposes.

[13] Existing and proposed utilities, including sanitary and storm sewers, other drainage facilities, waterlines, gas mains, electric utilities and other facilities. The size or capacity of each should be shown, and the location of or distance to each existing utility should be indicated.

[14] Existing platting of adjacent land.

[15] Areas subject to periodic flooding.

[16] Other features or conditions which would affect the subdivision/land development.

[17] A description of the protective covenants or private restrictions to be incorporated in the deeds.

[18] Site data, including the number of residential lots, the typical lot size, the acreage of the subdivision/development and the acreage in proposed recreation and other public, semipublic and community areas.

[19] Physical features such as railroads, existing permanent buildings, watercourses and other existing features pertinent to proper subdivision.

[20] Ground elevations. On a tract based on a datum plan approved by the Municipal Engineer, for land that slopes less than 2%, elevations shall be shown at all breaks in grade and along drainage channels or swales not more than 100 feet apart; and for land that slopes more than 2%, contours shall be shown with an interval of not more than five feet and less in cases where necessary to show irregular land for planning purposes.

(b) Engineer's report. The preliminary application shall be accompanied by the developer's engineering report. The engineering report, preliminary plat and all other plats submitted with the report shall be signed by a registered professional engineer of the Commonwealth of Pennsylvania and/or a professional land surveyor and shall bear the imprint of his seal. Either the report or the plat shall include the following information:

[1] A profile of each street, showing existing ground lines and proposed grades.

[2] A typical cross section of each type of roadway to be built, including all applicable cross-section data for the entire width of rights-of-way.

[3] The proposed type of surfacing for streets.

[4] Information regarding existing drainage systems in the subdivision/development, both surface and underground, including the location, size, type and grade of drainage structures, storm sewers, drain tile and drainage ditches. The engineer's opinion shall be expressed regarding the adequacy of such drainage facilities, and the basis shall be given for such conclusions.

[5] Information regarding proposed drainage systems in the subdivision, both surface and underground, including the size, location, type and grade of drainage structures, storm sewers, drain tile and drainage ditches proposed to be constructed and the drainage areas they are designed for.

[6] The location of all watercourses, bodies of water or streams, with their low- and high-water elevations. All the elevations shall be United States Geological Survey datum.

[7] Sanitary sewers, either in place or proposed.

[8] A description of the water supply and sewage disposal facilities which will operate successfully in the subdivision/development. Such facilities shall be designed in accordance with recognized sanitary engineering standards and must take into consideration all data in this report which has a bearing on these facilities.

[9] The water supply. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Planning Commission that the subdivision or development is to be supplied by a certificated public utility, by a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

(c) Planning modules. When planning modules are required by the Pennsylvania Department of Environmental Protection (DEP), evidence of DEP approval of such modules shall be submitted with the preliminary application.

(d) Additional data.

[1] Where the owner of the site under consideration owns contiguous land suitable for development, the above-described engineering data shall cover all such contiguous lands. This provision, however, may be waived, in full or in part, by the Planning Commission if it is not considered essential to the evaluation of the plans for the current development tract; provided, however, that the developer shall be required to submit not less than a prospective street layout and a topographic map of the contiguous lands at a scale of one inch equals 200 feet, regardless of any such waiver.

[2] No plat which will require access to a highway under the jurisdiction of the Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[2] before driveway access to a state highway is permitted.

[2] Editor's Note: See 36 P.S. § 670-420.

B. Final application procedure.

(1) Filing.

(a) The subdivider/developer shall file with the Borough Planning Commission and the Montour County Planning Commission a final application for the section (or portion) to be developed. All documents and data submitted hereunder shall be labeled "final application." Failure to comply with the time limitation herein provided shall make the approval of the preliminary application null and void unless an extension of time is requested by the subdivider/developer and for good cause granted by the Commission.

(b) The subdivider/developer, not less than 15 days prior to the meeting at which consideration is desired, shall file with the Commission eight copies of a final application for the proposed subdivision and development, including all information required under Subsection B(10) and (11) hereof.

(2) Conformance with preliminary application. The final application will have incorporated all changes and modifications required by the Borough Council; otherwise, it shall conform to the approved preliminary application, and it may constitute only that portion of the approved preliminary application which the subdivider proposes to record and develop at the time, provided that such portion conforms to all of the requirements of this chapter.

(3) Completion of improvements or guaranty thereof prerequisite to final plat approval.

(a) No plat or land development shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition and any walkways, curbs, gutters, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed in accordance with the requirements of 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 required, the subdivider/developer shall deposit with the municipality a financial security acceptable to the governing body in an amount sufficient to cover the costs of such improvements or common amenities, including but not limited to roads, stormwater detention and/or retention 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 PA Department of Transportation in connection with the issuance of a highway occupancy permit. Such financial security shall provide for and secure to the public the completion of any improvements which may be required within the period fixed in this chapter for such completion. The municipality shall be identified on such security as a party to be notified in the event that said security is canceled, revoked or redeemed by the holder thereof.

[Amended 12-9-2002 by Ord. No. 447]

(b) Without limitation as to other types of financial security which the municipality 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.

(c) 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 that said bonding company or lending institution is authorized to conduct such business within the commonwealth.

(d) 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.

(e) 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 municipality 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 municipality 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.

(f) The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an 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 municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the commonwealth and chosen mutually by the municipality 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 municipality and the applicant or developer.

(g) 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 cost-estimating procedure.

(h) In the case where development is projected over a period of years, the governing body may authorize submission of final plats by sections or stages of development, subject to such requirements or guaranties 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.

(i) As the work of installing the required improvements proceeds, the party posting the financial security may request the governing body to release or authorize the release of, from time to time, 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 governing body, and the governing body shall have 45 days from receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the governing body that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the governing body shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the improvements completed, or, if the governing body fails to act within said forty-five-day period, the governing body shall be deemed to have approved the release of funds as requested. The governing body shall, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

(j) Where the governing body accepts dedication of all or some of the required improvements following completion, the governing body shall require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term of 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 be 10% of the actual cost of installation of said improvements.

(k) 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 municipality, 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 with the financial security as otherwise required by this section.

(l) 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 municipality 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.

(4) Release from improvement bond.

(a) When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the municipal governing body, in writing, by certified mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The municipal governing body shall, within 10 days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall thereupon file a report, in writing, with the municipal governing body and shall promptly mail a copy of the same to the developer by certified mail. The report shall be made and mailed within 30 days after receipt by the Municipal Engineer of the aforesaid authorization from the governing body. 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 by the Municipal Engineer, said report shall contain a statement of reasons for such nonapproval.

(b) The municipal governing body shall notify the developer, within 15 days of receipt of the Engineer's report, in writing, by certified mail, of the action of said municipal governing body with relation thereto.

(c) If the municipal governing body or the Municipal 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 said improvements shall not be approved by the municipal governing body, 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 municipal governing body or the Municipal Engineer.

(f) Where herein reference is made to the Municipal Engineer, he shall be a duly registered professional engineer employed by the municipality or engaged as a consultant thereto.

(g) The foregoing procedures for release from an improvement bond shall also be applicable to requests for partial releases of not less than 25% each; provided, however, that if the developer requests such partial releases, he shall be responsible for all related costs of the Municipal Engineer.

(5) Remedies to effect completion of improvements.

(a) 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 governing body may 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 governing body 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 subdivider/developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other municipal purposes. Further, the governing body shall not be obliged to expend general revenues of the Borough to complete improvements for which the security is or becomes inadequate.

(b) In the further event that the governing body acts to realize the proceeds of the security and to effect the completion of improvements, it shall do so in its governmental capacity and shall not be deemed to be acting in the capacity of the subdivider or developer.

(6) Approval. The Planning Commission shall recommend to the Borough Council whether the final application shall be approved or disapproved, and the Borough Council shall render its decision and communicate it, in writing, to the subdivider/developer not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should said next regular meeting occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application has been filed.

(a) If approved, the governing body shall sign the original final subdivision application and attach thereto a notation that it has received approval and return it to the subdivider/developer for compliance with the recording requirements.

(b) If disapproved, the Borough Council shall attach to the application a statement of reasons for such action and return it to the subdivider/developer.

(c) The decision of the Borough Council shall be communicated to the applicant personally or mailed to him, by certified mail, at his last known address, not later than 15 days following the decision.

(d) When requested by the developer, in order to facilitate financing, the governing body 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 or recorded until the financial improvement 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 governing body. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

(7) Changes. No changes, erasures, modifications or revisions shall be made on any final application of a subdivision/land development after approval has been given by the Borough Council and endorsed in writing on the application, unless the application is resubmitted for approval.

(8) Recording. Plats and deeds shall be recorded in accordance with § 220-26.

[Amended 12-9-2002 by Ord. No. 447[3]]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(9) Effect of plat approval on Official Map. 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 municipality without public hearing.

(10) Information to be provided with final plan. Prior to final approval by the Planning Commission and in strict accordance with the regulations and procedures of this chapter, all final plats (subdivision plans) shall be submitted for final approval as follows:

(a) The final plat shall be drawn on sheets not larger than 18 inches wide by 24 inches long and shall be at a scale of 100 feet to one inch or larger. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision.

(b) The final plat shall show:

[1] The location and a description of survey monuments.

[2] 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, arcs and central angles of all curves.

[3] The name and right-of-way width of each street or other right-of-way.

[4] Accurate locations of all existing and recorded streets intersecting the boundaries of the tract and the names of such streets.

[5] The location, dimensions and purpose of easements, including any limitations on such easements.

[6] A number to identify each lot and/or site and street numbers of lots.

[7] The purpose for which sites other than residential lots are dedicated or reserved.

[8] The minimum building setback line on all lots and other sites.

[9] Profiles of streets and alleys showing grades at a minimum scale of 50 feet horizontal and 10 feet vertical.

[10] Cross sections for the entire width of each right-of-way of the streets and alleys showing the width of the right-of-way, the width of the cartway, the location and width of sidewalks and the location and size of utility mains.

[11] The names of record owners of adjoining unplatted land.

[12] Reference to recorded subdivision applications of adjoining platted land by record name, date and number.

[13] Certification by a licensed surveyor or licensed engineer certifying to the accuracy of the survey and application.

[14] In form for recording, proposed protective covenants running with the land, if any.

[15] Proposed contours at vertical intervals as set forth in Subsection A(5)(a)[20].

[16] Plans and profiles of proposed sanitary and/or stormwater 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.

[17] The title, scale, North arrow and date.

[18] A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed in flood-prone areas.

(c) The application shall have lettered upon it a statement delineating the areas proposed to be dedicated for such public uses as streets, alleys, public schools, parks or any other public use, and there shall be attached to the application a certificate of title certifying the ownership of all such lands to be so dedicated by said application.

(11) Supporting documents. The following supporting documents shall also be submitted in conjunction with the final plat:

(a) Evidence showing that all general taxes on the subdivision have been paid in full to date and that all special taxes or assessments have been paid or discharged in full or that the court under which said assessments were made has entered an order redistributing the assessments against the land platted.

(b) A copy of the sales contract so that the Planning Commission can ascertain that it contains no provisions in conflict with the approved application.

(c) A statement signed by the subdivider/developer setting forth the public improvements he proposes to make, together with plans, specifications and estimates of cost therefor.

(d) Bond, certification or other security:

[1] A duly completed and executed completion bond with corporate surety posted with the Borough by the subdivider/developer, in an amount equal to the estimate and certified by the Borough Solicitor as good, valid and enforceable by the Borough, securing the satisfactory completion of the public improvements in strict accordance with the description, plans and specifications submitted by the subdivider/developer and approved by the Borough Council;

[2] A certification that the improvements, utilities and facilities have already been installed; or

[3] An acceptable instrument of financial security payable to the Borough and adequate for the completion of these improvements, sewage disposal facilities and other utilities and facilities.

(e) A certification that utility companies serving the area of the proposed subdivision have been consulted with respect to the size, location and use of easements for utility purposes.

(f) An affidavit that the applicant is the owner or equitable owner of the land proposed to be subdivided.

(g) The location and method of streetlighting facilities.

(h) A deed of dedication of streets and other public property.

(i) At the time of filing, the final application shall be accompanied by a check payable to the municipality in an amount determined by the Municipal Engineer sufficient to cover the cost of:

[1] Reviewing the application's engineering details.

[2] Inspecting the site for conformance to the survey.

[3] Preparing the cost estimates of required improvements.

[4] Inspection of required improvements during installation.

[5] Final inspection on completion of the installation of required improvements.

[6] Fees charged by the County Planning Commission and fees for other related consulting services.

(j) Such other certificates, affidavits, endorsements or dedications as may be required by the governing body of the municipality in the enforcement of these regulations, including but not limited to a highway occupancy permit for any development requiring access to a state highway.