[Ord. 664, 7/8/1964, § 4.1]
1. When a subdivider is ready to subdivide his property, he shall prepare
penciled sketches which shall show the following:
A. The tract in relation to the rest of the community and the nearest
community facilities, such as schools and playgrounds.
B. The tract in relation to adjacent properties.
C. Existing tree clusters, watercourses, water, sanitary and storm mains
and natural drainage patterns, all within 200 feet of the tract.
D. Topography with contour intervals of five feet.
E. The approximate layout of proposed lots, streets and other improvements.
2. The subdivider shall then request through the Manager an informal
review by the Borough Engineer. Upon completion of this review, the
Manager shall transmit the sketches and the Engineer's report to the
Planning Commission for its informal review. The subdivider is encouraged
to attend this review session. Revisions to the sketches and more
than one informal review may be necessary before the subdivider and
the Planning Commission can agree on a course of action leading to
a formal application for subdivision approval. However, this preliminary
agreement shall be tentative only and shall not commit the Planning
Commission or Council in any way.
[Ord. 664, 7/8/1964, § 4.2]
The subdivider shall then submit his formal application, meeting
the requirements of § 401, to the Manager, who shall:
A. Forward one copy of each of the three documents submitted to the
Borough Engineer.
B. Forward one copy of each of the three documents to the Secretary
of the Planning Commission, plus one additional copy of the final
subdivision plan.
C. Retain one copy of each of the three documents for his files.
[Ord. 664, 7/8/1964, § 4.3]
The Borough Engineer shall approve the construction plan when
it meets all Borough standards and specifications applicable to the
improvements called for in §§ 601 through 606.
[Ord. 664, 7/8/1964, § 4.4]
1. The Planning Commission, in consultation with the Borough Engineer
or other interested officials, shall approve or disapprove the final
subdivision plan. If the plan is approved, the Chairman shall so signify
on one copy and forward it to the Secretary of the County Planning
Commission for review by that body. After report of review has been
received, and after any changes recommended by such report have been
incorporated in the final subdivision plan, the Chairman of the Borough
Planning Commission shall approve and sign one copy of the plan for
presentation to Council for its approval.
2. If no report is received from the County Planning Commission within
20 days, the plan shall be considered to have its approval and may
be presented to Council.
3. If the plan is disapproved by the Borough Planning Commission, the
subdivider shall be so notified, and the reasons for disapproval shall
be given to him in writing.
[Ord. 664, 7/8/1964, § 4.5; as amended by Ord.
762, 2/6/1970, § 1]
1. Upon receipt of approval from the Borough and County Planning Commissions,
the subdivider shall submit to Council for its approval the following:
A. One tracing of the final subdivision plan as approved by the Planning
Commission.
B. The approved paper copy of the final subdivision plan.
C. The approved construction plan.
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Before acting on a subdivision plan, Council may arrange for
a public hearing, giving that notice as it may deem advisable in each
case.
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2. If Council approves the final subdivision plan, the President of
Council shall so signify on the linen tracing, as well as on the paper
copy previously approved by the Planning Commission. The approved
linen tracing shall be returned to the subdivider for filing with
the Recorder of Deeds in Bucks County. Filing shall be made within
90 days of the date of approval by Council. The approved paper copy
shall be passed to the Manager; it shall then be filed in his office
as a public record.
3. Council may disapprove the plans if it finds that the plans do not
conform to Borough standards and specifications legally in effect
at the time of Planning Commission approval or if a waiver of one
or more of those standards or specifications by the Planning Commission
would be prejudicial to the intent of this chapter. If disapproved,
the Council shall return the plans to the subdivider and notify him
in writing of the reasons for disapproval.
[Ord. 664, 7/8/1964, § 4.6]
1. Within 30 days after approval of a subdivision by Council, the subdivider
shall deliver to the Secretary a performance guarantee in an amount
sufficient to cover the cost of all public improvements, excluding
buildings, required by this chapter, as estimated by the Borough Engineer,
in a form approved by the Borough Solicitor and with surety represented
by a bond or a deposit of funds or securities in escrow, guaranteeing
the construction and installation of all the improvements within a
stated period, which shall not be longer than three years from the
date of subdivision approval; and if that performance guarantee is
not so delivered, the approval shall expire 30 days after the date
of subdivision approval.
2. Upon written application signed by both obligor and surety of a performance
guarantee in a form approved by the Solicitor, Council may, at its
discretion, extend the period by not more than three additional years
or (when the improvements have been partially completed) reduce the
amount of the performance guarantee by formal resolution. In the event
of the default under a performance guarantee, the proceeds of the
performance guarantee received by the Borough shall be used to construct
and install the improvements.
[Ord. 664, 7/8/1964, § 4.7; as amended by Ord.
762, 2/6/1970, § 2]
Any person, partnership or corporation who or which, being the
owner or agent of the owner of any lot, tract or parcel of land, shall
lay out, construct, open or dedicate any street, sanitary sewer, storm
sewer, water main or other improvements for public use, travel or
other purposes or for the common use of occupants of buildings abutting
thereon, or who sells, transfers or agrees or enters into an agreement
to sell any land in a subdivision or land development, whether by
reference to or by use of a plat of the subdivision or land development
or otherwise, or erect any building thereon, unless and until a final
plan has been prepared in full compliance with the provisions of this
chapter and of the regulations adopted hereunder and which has been
recorded as provided herein, shall be guilty of a misdemeanor, and,
upon conviction thereof, the person, or the members of that partnership,
or the officers of that corporation, or the agent of any of them,
responsible for the violation shall pay a fine not exceeding $100
per lot or parcel or per dwelling within each lot or parcel.
[Ord. 664, 7/8/1964, § 4.8]
Any person aggrieved by action of the Planning Commission may
make appeal in writing to Council within 10 days of the date of action
of the Planning Commission. Any person aggrieved by refusal of Council
to approve a subdivision plan may appeal by petition to the Court
of Common Pleas within 30 days.
[Ord. 664, 7/8/1964, § 4.9]
Where strict application of the standards and specifications
contained in this chapter would present an undue hardship on the developer,
upon recommendation of the Planning Commission and in the interest
of the community, Council may waive certain of the standards and specifications,
which waiver shall be clearly defined and approved on the final subdivision
plan signed by the President of Council.