When required as part of any approved plan, the owner shall
install or cause to be installed, at the owner's expense, metal pole
streetlights serviced by underground conduit (or such other design
as may be deemed adequate at the time of plan approval) in accordance
with a plan to be prepared by the owner's engineer and approved by
the Pennsylvania Power and Light Company and by the Borough. The equipment
of metal poles may be waived in such instances as approved by the
Planning Commission due to the existence of wooden poles already in
place. Provision shall be made for energizing said lighting after
50% or more of the dwellings in a given subdivision or land development
or section of a subdivision or land development have been occupied.
The owner shall be responsible for all costs involved in lighting
the streets until such time that the streets are accepted or condemned
as public streets by the Borough.
A system of sidewalks shall be provided within all housing developments
and along both sides of all streets, excepting in the opinion of the
Planning Commission they are unnecessary for public safety and convenience.
Construction shall be in accordance with current Borough specifications.
[Amended 9-10-2018 by Ord. No. 721]
A. Additional
community facilities may be required to serve the dwellings proposed
by a subdivision. Where a proposed park, playground or other facility
shown in the Comprehensive Plan or community facilities plan or other
plans or parks thereof is located in whole or in part in a subdivision,
the dedication or reservation of such area within the subdivision
may be required by the Borough in those cases in which it deems such
requirements to be reasonable.
B. Developments that contain age-restricted multiple dwelling(s) shall
include outdoor green space, facilities and amenities which are centrally
located and designed to make the area usable and safe for passive
and active recreation, sitting and socialization. These may include,
but are not limited to, benches, chairs and tables, lighting fixtures,
courtyards, walking trails, game courts and landscaping.
Before approving any subdivision plan for recording, the Borough Council shall either require that the necessary grading, paving and other street improvements, as herein specified, shall have been installed in strict accordance with the standards and specifications of the Borough or that the Borough be assured by means of a proper contract and completion guaranty, as set forth in §§
135-40 and
135-41 hereof, that the improvements will subsequently be installed by the owner. Where the subdivision plan has been approved and recorded, either after the specified improvements have been completed and approved by the Borough Council or, if prior to completion, upon proper completion guaranty as aforesaid, purchasers and mortgagees of lots in the subdivision, with or without buildings thereon or on any of them, shall be relieved of any and all liability for any deficiency in lack of or failure to complete the improvements above mentioned as set forth in said plan or required as a condition precedent to the approval of the plan of subdivision, and any failure to complete or properly complete said improvements shall not encumber any or all of the lots in the subdivision.
In all cases where public improvements are required and have
been included upon an approved final plan, the owner shall enter into
a written agreement with the Borough in the manner and form approved
by the Borough Solicitor, wherein the owner shall agree, to the extent
applicable:
A. To construct or cause to be constructed at his own expense all streets,
curbs, sidewalks, streetlights, fire hydrants, water mains, sanitary
sewers (including capped sewers), storm sewers and other improvements
shown on said subdivision plan, all in strict accordance with the
standards and specifications of the Borough and within the time specified
in said agreement.
B. To make adequate provision with the Borough Engineer for the inspection
of the construction of the aforesaid improvements to assure strict
compliance with the Borough standards and specifications.
C. To maintain at his own cost the said streets, curbs, sidewalks, streetlights,
fire hydrants, water mains, sanitary sewers (including capped sewers),
storm sewers and other improvements for the period of one year after
completion of all required improvements. The date of completion shall
be established by certificate of the Borough Engineer.
D. To pay all costs, charges or rates of the utility furnishing electric
service for the streetlighting facilities installed by the owner until
such time as the streets shown on the subdivision plan shall have
been accepted or condemned by the Borough for public use and to indemnify
and save harmless the Borough from and against all suits, actions,
claims and demands for electric service as aforesaid, or any part
thereof, to the time that said streets shall be accepted or condemned
as public streets in the manner hereinabove set forth.
E. To reimburse the Borough promptly for reasonable attorney's, engineer's
and inspection fees.