A.
General description of procedures. Each application for review of
a subdivision and/or land development shall be made on a form prescribed
by the Borough. The procedures for consideration of a subdivision
and/or land development include:
(1)
(2)
Mandatory plan procedures.
(a)
Preliminary/final plan application (§ 194-203A). This procedure is a combined submission of a preliminary plan application and final plan application.
(b)
Preliminary plan application followed by final plan application (§ 194-203B). This procedure is for receiving separate approval of a preliminary plan application before submission of a final plan application. This procedure accommodates phased development and other procedural benefits that are derived from a multilevel submission process.
(3)
Special plan procedures.
(a)
Accessory dwelling unit [§ 194-204B(1)]. This limited type of housing is defined and regulated in the Borough Zoning Ordinance[1] and is not required to comply with the plan-processing
procedure specified in this chapter.
(b)
Revised final plan application [§ 194-204B(2)]. This procedure is for correction of an obvious error or a minor alteration in a previously approved application.
(c)
Lot line adjustment application [§ 194- 204B(3)].
This procedure is for an addition of a parcel of land to an abutting
lot with no additional lot being created.
B.
Discretionary procedures. Procedures described in this chapter that are not mandated by the provisions of the MPC are discretionary as to the Borough's obligation. Failure of the Borough to abide by such procedures shall not invalidate any action taken herein. However, all procedures are mandatory as to the applicant, unless waived by Borough Council, pursuant to § 194-205.
C.
Borough staff and consultant review. Every plan shall be subject
to Borough staff and consultant review prior to recommendations by
the Planning Commission and decision by Borough Council. The applicant
is not entitled to participate in, or be present at, Borough staff
or consultant reviews; however, where deemed appropriate, the applicant
and/or his authorized agent may be invited to attend.
D.
Decision by Borough Council. The official Borough decision on any
application filed under this chapter rests solely with Borough Council.
E.
Special exception or conditional use. Whenever the Zoning Ordinance
provides that the use proposed by the applicant shall constitute a
use by special exception or a conditional use, the applicant shall
obtain such special exception or conditional use approval from the
Zoning Hearing Board or Borough Council, as applicable, prior to the
submission of an application for preliminary/final plan or final plan
approval. The application shall conform to any conditions which have
been imposed upon the granting of such special exception or conditional
use.
F.
Variance. Whenever the applicant proposes to develop a subdivision
and/or land development in a manner that would require a variance
from any requirements of the Zoning Ordinance, the applicant shall
obtain such variance from the Zoning Hearing Board prior to the submission
of an application for preliminary/final plan or final plan approval.
The application shall conform to any conditions which have been imposed
upon the granting of such variance or variances by the Zoning Hearing
Board.
G.
Application revisions after submission. Revisions or additions to
the application are not permitted after the Planning Commission makes
its recommendation to Borough Council. Only the material acted upon
by the Planning Commission will be considered by Borough Council.
H.
Schedule for review and action.
(1)
The time frame for review and action with respect to subdivision
and/or land development plan applications shall be as set forth in
the MPC.
(2)
At such time and under such circumstances as the Borough staff
and consultants shall determine that Planning Commission and/or Borough
Council consideration is appropriate, the application shall be placed
on the next available Planning Commission or Borough Council agenda
and the applicant so notified. Attendance at the Planning Commission
and Borough Council meetings by the applicant or agent is required.
I.
Fees. The Borough shall establish, by resolution, certain fees to
be paid at the time of filing an application for plan review. Upon
filing of an application, the Borough shall establish an account in
the name of the applicant and bill to the account those fees and expenses
incurred in the course of review as permitted by law. Any failure
by this chapter to pay such fees as required by the application shall
constitute grounds for rejection of the application.
J.
Effect of plan notes. All notes on an approved plan shall be deemed
mandatory and constitute requirements, obligations, covenants, or
restrictions, all of which shall run with the land and bind the applicant
and its agents, servants, employees, contractors, transferees, grantees,
heirs, successors, and assigns.
K.
Submission of multiple design concepts. Submission of more than one
design concept for the same property is allowed, provided each design
concept is a separate, independent, application. Each submission shall
reference withdrawal of all other design concepts when final approval
of the plan is attained. No applicant is entitled to approval of multiple
design concepts for the same property.
L.
Applicant's duty of good faith.
(1)
Upon the filing of an application for review under this chapter,
the applicant shall exercise good faith and promptly address or otherwise
respond substantively to the review comments and requirements of the
Borough and its staff and consultants.
(2)
It is the duty of the applicant to move the plan to completion
in a prompt, timely, and diligent manner so as to enable formal action
by the Planning Commission or Borough Council, as the case may be,
and to comply with all conditions of plan approval imposed by the
Borough Council, and to record the plan.
(3)
The Borough is not obligated to accept an applicant's offer
of a time extension for plan review or grant a continuance of any
hearing, meeting, or review.
M.
Unsworn falsification to authorities. All statements made, whether
written or oral, to the Borough in the course of the land development
plan or subdivision plan procedures, shall be true and correct to
the best of the knowledge, information and belief of the applicant,
or its agents and consultants, and with the understanding that any
false statement is subject to the penalties of 18 Pa.C.S.A. § 4904,
relating to unsworn falsification to authorities.
N.
Submission constitutes public record (waiver of copyright).
(1)
By making a submission under this chapter, the applicant acknowledges
and agrees that all documents and other information submitted to the
Borough pursuant to this chapter constitute public records within
the meaning of the Pennsylvania Right-to-Know Law, Act 3 of 2008,[2] as amended, and are therefore subject to review and reproduction
upon request in accordance with that law and applicable Borough ordinances
and resolutions.
[2]
Editor's Note: See 65 P.S. § 67.101 et seq.
(2)
To the extent that any documents or materials constitute public
records but are subject to copyright protection pursuant to applicable
law, the applicant and all of its agents, employees and consultants,
by filing such documents with the Borough pursuant to this chapter,
shall be deemed to have waived all copyright protection and damages
relating hereto. This waiver of copyright protection shall relate
only to the reproduction and use of such documents in connection with
the review, analysis, or approval of an application and the use of
the information contained within such documents for the purpose of
review, comment, and analysis of the application.
(3)
By making a submission under this chapter, the applicant hereby
agrees to indemnify, defend and hold harmless the Borough and all
its agents, servants, employees, officials and consultants of and
from any and all claims, damages, suits or causes of actions arising
out of violations or allegations of violations of copyright law.
A.
Preapplication procedure. The applicant may discuss plans under the preapplication procedure with Borough staff prior to a formal submission under § 194-202B, § 194-203, § 194-204, or § 194-205. The purpose of the preapplication procedure is to afford the applicant an opportunity to receive input from the Borough staff while the project is at an early stage and before the formal filing of a plan. The preapplication review shall not be considered submission of a plan for the purpose of determining approval, nor is this filing subject to Section 508 of the MPC. No legal rights are attached to the preapplication procedure.
B.
Sketch plan procedure.
(1)
Purpose. The applicant may submit an application using this procedure before submission under § 194-203, § 194-204 or § 194-205. The purpose of the sketch plan review is to afford the applicant an opportunity to receive recommendations and guidance from Borough staff, consultants, and, if requested, the Planning Commission while the project is at an early stage.
(2)
Submission procedure. Applications may be submitted to the Borough
on any business day but must be received by the Borough no later than
15 calendar days prior to a Borough Planning Commission meeting in
order to be considered for placement on the agenda. The Borough reserves
the right to determine in its sole discretion when an application
will be placed on an agenda.
(3)
Application requirement. All applications shall include a completed
application form; fee; escrow deposit; five full sets of plans; 14
full sets of plans reduced to tabloid sheet size; two full sets of
required documents; and a PDF of the entire submission. The Borough
may require additional copies of the above-referenced material.
(4)
Review. The application is reviewed by Borough staff, consultants
and, if requested by the applicant, the Planning Commission. If the
application notes a request for Planning Commission review, Borough
staff shall determine when the application will be placed on the Planning
Commission agenda and notify the applicant. Attendance at the Planning
Commission meeting by the applicant or agent is necessary to discuss
all aspects of the application.
(5)
Legal rights. No legal rights attach to the sketch plan application,
and Section 508 of the MPC shall not apply.
A.
General. The filing of an application under this section is mandatory for all subdivision and land development plans, except as provided in § 194-204, Special procedures.
B.
Preliminary/final plan application procedure.
(1)
Purpose. The preliminary/final plan application provides a procedure for the combined submission of an application for preliminary plan application and final plan application. In the alternative, the applicant may sequentially submit a preliminary plan followed by final plan under § 194-203C.
(2)
Submission procedure.
(a)
The application may be submitted to the Borough on any business
day but must be received by the Borough no later than 15 calendar
days prior to a Planning Commission meeting in order to be considered
for placement on the agenda. The Borough reserves the right to determine,
in its sole discretion, when an application will be placed on an agenda.
(b)
All zoning relief or zoning approval required by the application
shall be obtained prior to submission of an application.
(3)
Submission to other agencies.
(a)
The applicant shall submit the preliminary/final plan to the
York County Planning Commission, PennDOT, York County Conservation
District, and any other applicable agency with jurisdiction and provide
the Borough with evidence of the submission.
(b)
Where a subdivision or land development abuts another municipality,
the applicant shall, at the request of the Borough, provide a courtesy
copy of the plan to that municipality and provide the Borough with
evidence of the submission.
(4)
York County Planning Commission review. The Borough will not
schedule an application for action by Borough Council until the receipt
of the York County Planning Commission report, or the expiration of
30 calendar days from the date the application was forwarded to the
York County Planning Commission.
(5)
Application contents.
(a)
All applications shall include a completed application form;
fee; escrow deposit; five full sets of plans; 14 full sets of plans
reduced to tabloid sheet size; two full sets of required documents;
and a PDF of the entire submission. The Borough may require additional
copies of the above-referenced material.
(b)
Failure to fully complete the application form, provide all
required information and fees, and follow all directives contained
therein shall be grounds to reject the application as incomplete and
therefore not filed within the meaning of Section 508 of the MPC.
If an application is deemed incomplete, the time for review and action
on the proposed subdivision and/or land development plan application
shall not be deemed to have commenced.
(6)
Review for completeness of application.
(b)
Complete application. If determined to be complete, the application
shall be deemed accepted for filing as of the date of receipt. Acceptance
for filing shall not constitute a waiver of any deficiencies or irregularities.
(c)
Incomplete application. If determined to be incomplete, the
application may be rejected. If rejected, the Borough shall notify
the applicant of the rejection within 10 days of receipt of the application.
(d)
Appeal of rejection. The applicant may, within seven days of
receipt of the notice of rejection, file with the Borough an appeal
of the rejection. Such appeal shall state the grounds for the appeal.
Borough Council will consider the appeal at a public meeting within
forty-five calendar days of receipt of the appeal. The time period
for action on the application is not extended by appeal if the applicant
prevails.
(e)
Legal rights. No legal rights attach if the application is rejected,
and Section 508 of the MPC shall not apply.
(7)
Staff and consultant review.
(a)
Review. Prior to review by the Planning Commission, the application
may be reviewed by the Borough staff and consultants. Where appropriate,
the applicant may be invited to attend a review meeting with the Borough
staff and consultants.
(b)
Review letter. The Borough staff and consultants may issue review
letters. The review letters shall cite, where appropriate, the legal
authority in support of the comments contained therein.
(8)
Planning Commission review.
(a)
Schedule. At such time and under such circumstances as the Borough
staff and consultants shall determine that Planning Commission consideration
is appropriate, the application shall be placed on the next available
meeting agenda and the applicant so notified.
(b)
Attendance at public meeting. Attendance at the Planning Commission
public meeting by the applicant or agent is required. The applicant
or agent must be prepared to discuss all aspects of the application.
(c)
Deliberation and recommendation. At the public meeting, the
Planning Commission will consider the applicant's submission,
Borough staff and consultant reviews, other pertinent material, and
public comment. The Planning Commission may:
[1]
Table action on the application; or
[2]
Take action on the application which may include a recommendation
of approval, approval with conditions or denial. Such action shall
be recorded in the Planning Commission meeting minutes. Receipt of
the Planning Commission recommendation is a prerequisite to review
and action by Borough Council. Borough Council is not bound by the
Planning Commission, Borough staff or Borough consultants review.
(d)
Resubmission of application. If the applicant revises the application before action by the Planning Commission, the revised application shall be submitted to the Borough, according to § 194-203B, with a brief narrative identifying the alterations.
(e)
Application revisions after submission. Revisions or additions
to the application are not permitted after the Planning Commission
makes its recommendation to Borough Council. Only the material acted
upon by the Planning Commission shall be considered by Borough Council.
(9)
Borough Council decision.
(a)
Schedule. Following a Planning Commission recommendation, the
application shall be placed on the next available Borough Council
agenda and the applicant so notified.
(b)
Attendance at public meeting. Attendance at the Borough Council
public meeting by the applicant or agent is required. The applicant
or agent must be prepared to discuss all aspects of the application.
(c)
Decision. Before rendering a decision on the application, Borough
Council shall, at the public meeting, consider the application's
submission, other pertinent material, and public comment. Borough
Council is not bound by the recommendations of the Planning Commission,
Borough staff or York County Planning Commission. Borough Council
shall announce its decision at the meeting.
(d)
Applicant acceptance of conditions. If the application is approved
subject to modification or other conditions, the applicant or agent
will be requested at the public meeting to verbally indicate acceptance
or rejection of such modification or conditions.
(e)
Written notification of decision. Borough staff shall provide
written notice of Borough Council decision to the applicant, in accordance
with the MPC.
(f)
Acceptance of the conditions of approval. The applicant shall
provide the Borough with a written acceptance of the conditions of
approval. Refusal by the applicant to execute written acceptance of
the conditions of approval shall constitute a denial of the application.
(g)
Extension of time. The applicant or agent may offer the Borough
an extension of time within which to act upon the application and/or
render a written decision. The Borough shall not be obligated to accept
such offer.
(10)
Compliance with conditions of approval.
(a)
If Borough Council approves the application subject to conditions, documents evidencing compliance with such conditions (including but not limited to required financial security and improvement agreements as specified in Article IV) shall be submitted to the Borough. The applicant shall include a brief narrative concerning the submitted data.
(b)
Where financial security and an improvements agreement are required
as a condition of approval, the plan shall not be recorded until such
time as the same are provided to the satisfaction of the Borough.
(c)
The Borough staff will advise the applicant when all conditions
of approval have been satisfied.
(d)
After all conditions of approval are satisfied, the applicant
shall present to the Borough:
(11)
Plan certification and recording.
(a)
Plan standards for certification and recording. All plan copies
shall be in black ink and bear original signatures on each certificate
and seal of each professional responsible for preparation of the plan.
(b)
Number of plans for recording. For plan certification and recording,
the applicant shall present to the Borough for execution:
[1]
Three paper copies of the full plan set intended for recording,
to be returned to the Borough after recording;
[2]
One paper copy of the plan sheets that are intended for recording,
to be returned to the York County Planning Commission;
[3]
One paper copy of plan sheets that are intended for recording,
to be filed with the York County Recorder of Deeds; and
[4]
The number of plan sheet copies, with original signatures, that
are desired to be retained by the applicant.
(c)
Payment of fees. No plan shall be released for recording until
all consultant review fees and any other sums due and owing which
relate to the subject property are paid in full in accordance with
this chapter and applicable resolutions.
(d)
Recording of plans.
[1]
Upon execution by the Borough, the applicant shall submit the
plans to the York County Planning Commission for signature and thereafter
the office of the York County Recorder of Deeds for recording. The
applicant shall provide the Borough with a proof of recordation.
[2]
One paper copy containing original signatures of the York County
Planning Commission and York County Recorder of Deeds must be returned
by the applicant to the Borough.
[3]
Recording of the plan shall have the effect of an irrevocable
offer to dedicate all improvements shown thereon. Approval by Borough
Council shall not impose any duty upon the Borough concerning maintenance
of any such improvements until Borough Council shall have accepted
the same.
C.
Preliminary plan application approval followed by final plan application
approval.
(1)
Purpose. This procedure is for receiving a separate approval
for a preliminary plan application and a final plan application. This
procedure accommodates phased development and other procedural benefits
that are derived from a multilevel submission process.
(2)
Sequential submission. The preliminary plan and final plan procedures
are sequential. The preliminary plan approval must be received before
submission of the final plan. The final plan shall be substantially
consistent with the preliminary plan. The final plan may consist of
phases of an approved preliminary plan, provided:
(a)
In a residential subdivision or land development, each phase
shall contain the minimum number of dwelling units permitted by the
MPC, unless a lesser number is approved by Borough Council in its
discretion;
(b)
Each phase independently conforms to the ordinances, regulations
and other standards of the Borough; and
(c)
Each phase independently results in a logical extension of streets,
access drives, alleys, stormwater management facilities, sanitary
sewer facilities, water supply facilities, and other required improvements.
(3)
Submission procedure. Each application shall be submitted in compliance with § 194-203B(2) through (4), as applicable.
(4)
Application contents. Each application shall be in compliance with § 194-203B(5).
(5)
Application process. Each application shall be processed in compliance with § 194-203B(6) through (10).
(6)
Plan certification and recording. The final plan shall be processed in compliance with § 194-203B(11).
A.
Eligibility for special procedure. Except as otherwise specified,
eligibility for a special procedure is at the sole discretion of the
Borough.
B.
Type of plan applications.
(1)
Accessory dwelling unit. An accessory dwelling unit, as regulated
in the Zoning Ordinance,[1] is not required to comply with the processing procedure
specified in this chapter. The procedures of the Zoning Ordinance
shall apply to accessory dwelling unit housing.
C.
Submission procedure for revised final plan and lot line adjustment
plan applications. The application shall be submitted to the Borough
on any business day.
(1)
Procedure. The application shall be submitted in compliance with § 194-203B(2) through (4), as applicable.
(2)
Application requirement. The application shall be in compliance with § 194-203B(5).
(3)
Staff and consultant review. The application is reviewed by Borough staff and consultants in accordance with § 194-203B(6) and (7). Borough staff may refer the application to the Planning Commission for review in accordance with § 194-203B(8).
(4)
Borough Council decision. At such time and under such circumstances as the Borough staff shall determine that Borough Council consideration is appropriate, the application shall be placed on the next available agenda. The decision will be in accordance with § 194-203B(9).
(5)
Compliance with conditions of approval. If Borough Council conditions its approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted in compliance with § 194-203B(10).
(6)
Plan certification and recording. The plan shall be processed in compliance with § 194-203B(11).
A.
Purpose. A waiver is the remedy by which an applicant may receive
a modification or deferment of an ordinance requirement as it applies
to a specific project.
B.
Standards for waiver. A waiver may be approved at the sole discretion
of the Borough when the applicant demonstrates all of the following:
(1)
The literal enforcement of the ordinance requirement is unreasonable
or will exact undue hardship because of a peculiar condition pertaining
to the land, or that an alternative standard will provide an equal
or better result;
(2)
The waiver will not be contrary to the public interest;
(3)
The waiver is consistent with the intent of this chapter;
(5)
The waiver represents the minimum modification for relief.
C.
Submission procedure.
(1)
Written request. The request for a waiver shall be submitted
in writing. The request shall include citation to the specific ordinance
provision for which the waiver is sought, together with a statement
setting forth the purpose and grounds for the request.
(2)
Planning Commission review. At the public meeting, the Planning
Commission shall consider Borough staff and consultant review, the
applicant's submission, and other pertinent material and public
comment. The Planning Commission may recommend reasonable conditions
that may attach to the waiver. The Planning Commission will make a
recommendation which will be included in their meeting minutes.
(3)
Schedule. At such time and under such circumstances as the Borough
staff and consultants shall determine that Borough Council consideration
is appropriate, the waiver request may be placed on the next available
Borough Council agenda and the applicant so notified.
(4)
Attendance at public meeting. Attendance at the Borough Council
public meeting by the applicant or agent is required. The applicant
or agent must be prepared to support the grounds and basis for the
waiver request.
(5)
Deliberation. At the public meeting, Borough Council shall consider
Borough staff and consultant reviews, the applicant's submission,
and other relevant material and public comment. Borough Council shall
decide the request and may attach reasonable conditions to any grant
thereof.
(6)
Applicant acceptance of conditions. If the waiver is approved
subject to modification or other conditions, the applicant will be
requested at the public meeting to verbally indicate acceptance or
rejection of such modification or conditions. Refusal by the applicant
to accept modification or conditions of approval constitutes denial
of the waiver.
(7)
Written notification of Borough Council decision and applicant's
acceptance. Borough staff shall provide written notice of the Borough
Council's decision to the applicant personally or by mail to the last
known address. The applicant shall provide the Borough with a written
approval or rejection of the Borough Council's decision. Refusal by
the applicant to accept conditions of approval shall constitute denial
of the waiver.
(8)
Sovereign action by Borough Council. Borough Council may consider
a waiver independent of the Planning Commission review procedure.
Unless authorized by the Borough, no work shall commence until:
A.
All required permits and approvals are received;
B.
The developer reimburses the Borough for all review fees and any
other sums due and owing which relate to the subject property;
C.
The improvements agreement is executed;
D.
The developer's expense escrow account is established and funded;
E.
Approved financial security (if applicable) is provided;
F.
Approved insurance is provided;
G.
A preconstruction conference is conducted with Borough staff; and
H.
A notice to proceed is issued, in writing, by the Borough.
A.
Borough assignment of representatives. The Borough may, during the
course of construction, installation, erection, and completion of
the required improvements, assign representatives to observe or inspect
the performance of the developer's work. Such representatives
are not authorized to revoke, alter, amend, enlarge, relax, or release
any requirements or conditions of approval; approve or reject any
portion of the developer's work; or issue instructions contrary
to the requirements of the application or conditions of approval of
the application. However, minor field changes may be approved by the
Borough, when recommended by the Borough Engineer. The applicant shall
annotate the file to reflect the approved minor field changes. Should
substantive changes from the approved drawings and specifications
become necessary during construction, approval of the changes will
require submission of a revised application before the execution of
such changes. The presence of such representatives during the performance
of the work and any acceptance or approval by such representatives
of the Borough shall not relieve the developer of responsibility for
work that is later determined by the Borough to be defective.
B.
Authorization for Borough observation. The construction, installation,
erection, and completion of required improvements are subject to the
observation and approval of the Borough according to the improvements
agreement, approved application and standard construction documents.
The developer shall permit the Borough to observe the work, to make
reasonable observation(s) and reobservations, and to perform or conduct
appropriate tests. In the event that any portion of the work is backfilled
or concealed prior to observation and without the consent of the Borough,
the developer shall, if required by the Borough, uncover such work
at its sole cost and expense and make the same available for observation
and/or testing.
C.
Borough determination. Such representatives are not authorized to
revoke, alter, amend, enlarge, relax, or release any requirements
or conditions of approval; approve or accept any portion of the developer's
work; or issue instructions contrary to the requirements of the application
or conditions of approval of the application. However, minor field
changes may be approved by the Borough, when recommended by the Borough
Engineer. The applicant shall annotate the file to reflect the approved
minor field changes. Should substantive changes from the approved
drawings and specifications become necessary during construction,
approval of the changes will require submission of a revised application
before the execution of such changes. The Borough shall determine,
in its sole discretion, whether the required improvements comply with
this chapter, the improvements agreement and the approved application.
A.
Deemed private until accepted.
(1)
Until such time as an offer of dedication has been accepted
by Borough Council, all improvements or property shall be deemed to
be private and for the benefit of the project.
(2)
Dedication is not complete until it is authorized by resolution
of Borough Council.
(3)
The Borough shall have no responsibility for such improvements
or property unless and until there occurs an acceptance of an offer
of dedication.
B.
Procedure for Borough Engineer's review of improvements. Upon
Borough receipt of written notice from the developer indicating that
the improvements are installed and ready for final inspection, the
Borough shall notify the Borough Engineer, who shall inspect the work
and determine if it is in compliance with the approved application
and improvements agreement. Following the inspection, the Borough
Engineer shall notify the Borough and developer of the results, and
if the Borough Engineer determines that the work is complete, the
developer may proceed with the dedication process. If the work is
not complete, the developer shall take all necessary action to complete
the improvements and notify the Borough in accordance with this subsection.
C.
Requirements for submission of an offer of dedication. No offer of
dedication shall be submitted unless and until:
(1)
All requirements of the approved application and the improvements
agreement have been fulfilled;
(2)
The Borough Engineer confirms, in writing, that the improvements
are installed in accordance with the approved application and improvements
agreement;
(3)
The developer provides an as-built plan in compliance with the
standard construction documents and including, where necessary, notes
identifying all deviations from the approved plan;
(4)
The developer reimburses the Borough for all review fees, costs,
and any other sums due and owing which relate to the application;
(5)
The developer provides evidence of final acceptance of the improvements
by all other applicable agencies;
(6)
The developer provides an executed maintenance guarantee to
the satisfaction of the Borough;
(7)
The developer provides a certification of clear title or other
acceptable guarantees for any dedicated property; and
(8)
The developer provides all necessary instruments of conveyance
to the satisfaction of the Borough.
D.
Standards for conveyance.
(1)
An interest in land or property shall be conveyed free and clear
of all liens and encumbrances, for nominal consideration and by instrument
approved by the Borough Solicitor.
(2)
As a condition of street dedication of real property, the developer
shall present a petition to the Borough offering fee simple title
by deed of dedication. The deed shall include all public streets,
real property or portions of public streets, their rights-of-way and
all required improvements constructed therein, as set forth on the
approved plan application, together with a street plan diagram depicting
streets and rights-of-way of the real property and improvements thereto.
The deed of dedication shall be in the form of a special warranty
deed that includes a metes and bounds description and plat.
(3)
Unless otherwise authorized by the Borough, all improvements
shall be offered for dedication at the same time.
(4)
It shall be a violation of this chapter for any person to place
or allow to be placed mechanic liens on land or improvements that
are to be offered by bill of sale or otherwise conveyed to the Borough
or its authorities.
E.
Acceptance of dedication. Acceptance of an offer of dedication shall
be by resolution of Borough Council.
