[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 4-21-1947 by Ord. No. 183, approved 4-21-1947. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A roadway serving the rear entrance of more than two properties
on which no dwellings or stores front.
A person who is the registered owner of real estate to be
subdivided and/or developed in accordance with the provisions of this
chapter.
An individual or individuals, partnership, or corporation.
A.
It shall be unlawful for the owner of any land in the Borough to
subdivide the same into two or more lots or parcels unless and until
a plan thereof shall have been prepared by a registered professional
engineer or surveyor, submitted to and approved in writing thereon
by the Council and, when so approved, recorded by the owner in the
Office for the Recorder of Deeds of Delaware County. Subdivision plans
in triplicate shall be filed with the Borough Secretary at least two
weeks before the next regular meeting of the Council in order to be
considered at such meeting. Before approving a subdivision plan, the
Council may in its discretion arrange for a public hearing with respect
thereto, after giving such notice thereof as it deems advisable.
B.
The Council may require alterations, changes or modifications of
any kind which it deems necessary in such plans and may refuse its
approval until all such alterations, changes or modifications in the
plan have been made.
C.
A subdivision plan shall bear the following acknowledgment by the
owner:
|
State of Pennsylvania
| ||||
|
:ss
| ||||
|
County of Delaware
| ||||
|
On the _____ day of ___________ 2_____, before me the subscriber,
a notary public of the Commonwealth of Pennsylvania, personally appeared
____________________ who acknowledged this plan to be the official
plan of the highways and property shown thereon, situated in the Borough
of Colwyn of Delaware County, Pennsylvania, and desired that this
plan be recorded according to law.
| ||||
|
Witness my hand a notarial seal the day and year aforesaid.
| ||||
|
Notary Public
| ||||
|
My commission expires ________________________
| ||||
D.
One or more preliminary subdivision plans may be submitted to the
Borough Engineer for study, criticism and suggestions.
It shall be unlawful for the owner of any land in the Borough
to construct, open or dedicate any road, street, lane or alley, or
any drainage facilities in connection therewith, for public use or
travel or to stop, fill up, confine, pave or otherwise interfere with
or change the course of any drain, ditch, stream or watercourse in
the Borough without first obtaining from the Borough Secretary a development
permit authorizing such work to be performed; and no road, street,
lane or alley, or drainage facilities in connection therewith, shall
be constructed, opened or dedicated, and no drain, ditch, stream or
watercourse shall be stopped, filled up, confined, paved or otherwise
interfered with, or the course thereof changed, except in strict accordance
with the terms and conditions of such development permit and with
the plans, specifications and other documents submitted with the application
for said permit.
The application for a development permit shall be in a form
prescribed by the Borough, shall be verified by affidavit made by
the owner and shall be accompanied by plans and specifications prepared
by a registered professional engineer or surveyor. Such plans and
specifications shall show the exact nature of the work to be performed;
the profiles and contours of all roads, streets, lanes, alleys and
proposed improvements; the course, structure and capacity of all drains,
ditches, streams, watercourses and drainage facilities; the method
of drainage of the adjacent or contiguous territory; and any other
necessary information and explanatory details that may be required
under rules and regulations prescribed by the Council or the Highway
Department.
A.
All the detailed engineering plans submitted in connection with an
application for a development permit shall show:
(1)
Complete block dimensions with bearings, including all curve data
and stations corresponding to those used on the profiles; also lot
numbers and lot dimensions with bearings in lot subdivisions.
(2)
Location of all street monuments at street intersections, angle points
and beginning and ending of all curves.
(3)
Curb grades showing proposed elevations at all points of intersection
of curblines and at all points of beginning and ending of vertical
curves. Vertical curves shall be used at all breaks in grade. Rates
of grade shall be shown on the plans and profiles, and in no case
shall the grade be less than 0.5 of 1%.
(4)
Width of right-of-way, cartways and sidewalks and position of curbs
and sidewalks both existing and as proposed. All curbing at street
intersections shall have a radius of not less than 20 feet.
(5)
Cross sections of proposed paving indicating depth and type of each
course, position and type of curbs, sidewalks, storm or sanitary sewers,
water, gas, underground conduit and all other improvements.
(6)
Names of all existing highways shall be continued, and names of proposed
streets.
(7)
Location of all existing and proposed utility facilities, together
with all service connections.
(8)
Course, materials of construction, size and capacity of all drainage
facilities.
(9)
A proposed right-of-way not less than 40 feet wide along creeks,
streams and natural watercourses, to provide for the construction
and maintenance of future sewers.
The application for a development permit and the plans, specifications
and other documents submitted therewith shall be filed in triplicate
with the Borough Secretary at least two weeks before the next regular
meeting of the Council in order to be considered at such meeting.
Before acting upon the application, the Council may in its discretion
arrange for a public hearing with respect thereto, after giving such
notice thereof as it deems advisable. The Council may require alterations,
changes or modifications of any kind which it deems necessary in such
plans and specifications and may refuse a development permit until
all such alterations, changes or modifications have been made. A development
permit will not be issued when a drainage area of 1/2 square mile
or more is involved, unless a permit has first been obtained from
the Water and Power Resources Board of the Commonwealth of Pennsylvania.
A fee of $2 shall accompany each application for a development
permit, and, in addition, the owner shall pay the actual cost of any
material tests and shall reimburse the Borough for necessary inspection
at the rate of $7 for each day, or portion thereof, a Borough Inspector
is engaged on the work.
No permit to erect, alter or repair any building or structure
under the Colwyn Borough Building Code, as amended,[1] upon land which is a part of a real estate development
to which this chapter is applicable shall be issued by the Borough
Secretary, unless and until the owner, or his successor in title,
has complied with all the provisions of this chapter.
If the application for a development permit and the plans and
specifications submitted are approved, the original plans shall be
signed by the President of the Council, the Secretary and the Borough
Engineer, and a development permit shall be issued to the owner. The
permit shall state that the approval of the plans and specifications
shall not constitute an approval of the work to be performed thereunder.
A development permit shall become null and void if the work for which
the same was granted shall not be commenced within six months from
the date of such permit.
Before the owner or his successor in title shall undertake the
construction of any improvements or shall erect any building or structure
or shall sell any lot or lots fronting on an unimproved highway, he
shall furnish a bond to the Borough in an amount and with surety satisfactory
to the Borough, conditioned for the satisfactory completion of the
improvements, in accordance with the provisions of this chapter and
other applicable Borough regulations, in such portion or portions
of the development which he immediately intends to improve, or upon
which he immediately intends to erect any building or structure, or
from which he immediately intends to sell any lot or lots fronting
on an unimproved highway. It is the intention of this chapter that
a bond need not be furnished to secure approval of a plan for the
subdivision of land, but that no improvements, buildings or structures
shall be commenced, or sale or sales of a lot or lots fronting on
an unimproved highway shall be made, until said completion bond has
been furnished for the portion or portions of the development in which
such improvements, buildings or structures, sale or sales are immediately
to be commenced or made.
The construction of any roadways, curbing or sidewalks shall
be in strict accordance with specifications submitted by the owner
and approved by the Council and the Borough Engineer.
The Borough Engineer shall be notified 24 hours in advance of
the commencement of any construction operation, such as grading, paving
or sewer installation, in order that provision may be made for the
proper inspection of such construction operation. Samples of materials
and every reasonable facility for ascertaining whether the work is
in conformity with the provisions of this chapter shall be furnished
to the proper officers and employees of the Borough.
All roads and streets shall have a minimum right-of-way width
of 50 feet, with a minimum paved cartway width of 30 feet, and all
alleys shall have a minimum paved cartway width of 15 feet. The Borough
reserves the right in any case to require a greater width when it
deems this necessary.
All roads, streets, lanes and alleys shall, whenever possible,
connect with existing highways so as to form continuances or extensions
thereof and shall not be less in width than such existing highways.
All highways shall be graded to the full width of the right-of-way,
and all culverts, bridges and storm sewers shall be constructed for
the full width of the highway.
Where connection with the Borough sewer system is practicable,
all sewers, sewer laterals and sewer connections shall be laid before
roads, streets, lanes or alleys, shown on the plan, are paved. All
gas, water, electric and other mains, pipes and conduits, together
with all service connections or laterals, shall be laid, where the
need for the same can be reasonably anticipated, before the roads,
streets, lanes or alleys, shown on the plan, are paved.
The Borough shall have no responsibility of any kind with respect
to any highway, or any drainage facilities in connection therewith,
notwithstanding any use of the same by the public unless the highway
or drainage facilities are accepted by ordinance of the Council. The
granting of a development permit shall not impose upon the Borough
any obligation to take over and make public any of the work covered
thereby as a public improvement for any purposes whatever unless:
A.
A petition signed by the owners of at least 50% of the frontage of
the highway in question is filed with the Borough Secretary within
three years from the date of the granting of the permit;
B.
At least 60% of the property abutting on both sides of the highway
shall be developed;
C.
Sewer, water, gas mains and laterals are installed at suitable intervals;
and
D.
It is established to the satisfaction of the Council that there is
a need for the improvement to be taken over and made public.
[Amended 10-13-1983 by Ord. No. 426; 11-10-1988 by Ord. No. 447]
Any person violating any of the provisions of this chapter shall
be liable, upon conviction thereof, to a penalty not exceeding $600
for each and every offense, and, when any person shall have been notified
by the Borough Secretary or by service of summons in a prosecution,
or in any other way, that he is committing a violation of this chapter,
each day in which the violation is continued after such notification
shall constitute a separate offense punishable by a like penalty.
