[Ord. 679, 6/16/1970, § 701]
When the plans of streets and other improvements have been approved
as provided in this Chapter, the subdivider shall first notify the
Borough Secretary of his intention to proceed with the construction
or installation of said streets and improvements; notification shall
be made at least 24 hours before any construction or installation
shall commence so as to give the Borough officials an opportunity
to inspect the site prior to commencement of work and to inspect installation
or construction of said streets and improvements during the course
of work being performed. In order to defray a part of the costs incurred
by the Borough in inspecting the installation of the improvements
required by this Chapter, the subdivider shall, before he proceeds
with any construction or installation, present a certified check or
money order made payable to the Borough in an amount equal to 2% of
the Engineer's estimate of the cost of improvements.
[Ord. 679, 6/16/1970, § 702; as amended by Ord.
830, 2/13/1995]
1.
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, street lights, 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 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.
2.
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.
3.
Without limitation as to other types of financial security which
the Borough of Bridgeville 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.
4.
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.
5.
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.
6.
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 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.
7.
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, 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 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 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 and the applicant
or developer.
8.
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.
9.
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.
10.
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, require
retention of 10% of the estimated cost of the aforesaid improvements.
11.
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 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 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 improvements.
12.
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.
13.
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 Bridgeville 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.
[Ord. 679, 6/16/1970; as added by Ord. 830, 2/13/1995]
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
Where herein reference is made to the Borough Engineer, he shall
be as a consultant thereto.
7.
The applicant or developer shall reimburse the Borough for the reasonable
and necessary expense incurred for the inspection of improvements
according to 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 Engineer or 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 engineer or consultant to the Borough
when fees are not reimbursed or otherwise imposed on applicants.
A.
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing; notify the Borough
that such expenses are disputed as unreasonable or unnecessary, in
which case the Borough shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's request over disputed engineer
expenses.
B.
If, within 20 days from the date of billing, the Borough and the
applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Borough shall jointly, by
mutual agreement, appoint another professional engineer licensed as
such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
C.
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
sole opinion deems necessary and render a decision within 50 days
of the billing date. The applicant shall be required to pay the entire
amount determined in the decision immediately.
D.
In the event that the Borough and applicant cannot agree upon the
professional engineer to be appointed within 20 days of the billing
date, 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 engineer,
who, in that case, shall be neither the Borough Engineer nor any professional
engineer who has been retained by, or performed services for, the
Borough or the applicant within the preceding five years.
E.
The fee of the appointed professional engineer for determining the
reasonable and necessary expenses shall be paid by the applicant if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Borough shall
pay the fee of the professional engineer, but otherwise the Borough
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
[Ord. 679, 6/16/1970; as added by Ord. 830, 2/13/1995]
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.
[Ord. 679, 6/16/1970, § 703]
1.
When any street, park or other public improvements outlined in the
construction permit shall have been completed in accordance with the
terms of this Chapter and in strict accordance with the Borough specifications
now in effect or hereafter adopted, as the case may be, said street,
park or improvements shall be deemed private until such time as the
same shall have been offered for dedication to the Borough of Bridgeville
and accepted by special ordinance or resolution, or until it shall
have been condemned for use as a public street, park or other improvement.
Subdividers shall supply the Borough with a minimum of four copies
of the "as-built" plan on which the street or improvement in question
has been constructed or installed. The four copies of the plan shall
show thereon the signature of all agencies and individuals who have
approved the plan and contain a notice thereon as to where and when
the plan was recorded in the Officer of the Recorder of Deeds of the
County.
2.
The portion of street improvement which the subdivider desires to
have the Borough accept shall be shaded or colored on each of the
four copies. The plan shall also clearly designate the number of lineal
feet of said street or improvement which the subdivider desires to
be accepted by the Borough.
[Ord. 679, 6/16/1970, § 704]
Before acting on any subdivision plan, Council may arrange for
a public hearing thereon, after giving such notice as Council may
deem desirable in each case. Nothing herein contained, however, shall
be deemed so as to require the Council to hold public hearing before
acting on any subdivision plan.
[Ord. 679, 6/16/1970; as added by Ord. 830, 2/13/1995]
Changes in this Chapter shall affect plats as follows:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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 subsequent to the date of the initial
preliminary plan submission.
[Ord. 679, 6/16/1970; as added by Ord. 830, 2/13/1995]
1.
Amendments to this Chapter shall become effective only after a public
hearing held pursuant to public notice. A brief summary setting forth
the principal provisions of the proposed amendment and a reference
to the place within the Borough where copies of the proposed amendment
may be secured or examined shall be incorporated in the public notice.
Unless the proposed amendment shall have been prepared by the Planning
Commission, the Borough Council shall submit the amendment to the
Planning Commission at least 30 days prior to the hearing on such
amendment to provide the Planning Commission an opportunity to submit
recommendations. In addition, at least 30 days prior to the public
hearing on the amendment, the Borough shall submit the proposed amendment
to the County planning agency for recommendations.
2.
Within 30 days after adoption, the Borough Council shall forward
a certified copy of the amendment to the County planning agency.
3.
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this Section, and shall
include the time and place of the meeting at which passage will be
considered, a reference to a place within the Borough where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Borough Council
shall publish the proposed amendment once in a newspaper of general
circulation in the Borough not more than 60 days nor less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Borough Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
4.
In the event substantial amendments are made in the proposed amendment,
before voting upon enactment, the Borough Council shall, at least
10 days prior to enactment, readvertise, in one newspaper of general
circulation in the Borough, a brief summary setting forth all the
provisions in reasonable detail together with a summary of the amendments.
[Ord. 679, 6/16/1970; as added by Ord. 830, 2/13/1995]
1.
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
2.
The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this Chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D.
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
3.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Ord. 679, 6/16/1970, § 707; as amended by Ord.
830, 2/13/1995]
1.
Any person, partnership or corporation who or which has violated
the provisions of this Chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by the Borough as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the district justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership, or corporation violating this Chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the district justice
and thereafter each day that a violation continues shall constitute
a separate violation.
2.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this Section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this Section.
4.
District justices shall have initial jurisdiction in proceedings
brought under this Section.
