Borough of Boyertown, PA Procedures

In accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (DEP), the Borough shall revise its official plan for sewage disposal whenever a new subdivision is proposed, unless DEP determines that the proposal is for the use of individual on-lot sewage systems serving detached single-family dwelling units in a subdivision of 10 lots or less and certain criteria set forth in the rules and regulations of DEP are met.

An official plan revision for new land development shall be submitted to DEP in the form of a completed sewage facilities planning module provided by DEP and including all information required by DEP.

The subdivider or developer or his agent shall complete the DEP sewage facilities planning module and submit it to the Borough for action.

No plan revision for new land development will be considered complete unless it includes all information specified within DEP's rules and regulations.

The Borough shall not adopt a proposed revision to the official plan, conditionally or otherwise, until it determines that the proposal complies with the Borough's zoning, land use and Comprehensive Plan. If changes to the proposed revision or the applicable plan, regulations or ordinance are necessary, the changes shall be completed prior to adoption of the revision by the Borough.

Upon adoption of a proposed revision to the Borough's official plan, or refusal to adopt such a proposed revision, the Borough shall forward the proposed revision or statement refusing to adopt to DEP. DEP may approve or disapprove a proposed plan revision for new land development.

(7)

The time limits for actions by Borough and County agencies and DEP are set forth in the rules and regulations of DEP.

(8)

Subdividers and developers are advised that no subdivision or land development plan will be finally approved and released for recording by the Borough until all necessary approvals of the official plan revision or requests for exceptions to the requirement to revise the official plan have been secured from the Borough and DEP. This fact and time limits for action should be considered by subdividers and developers when submitting the DEP sewage facilities planning module to the Borough.

§ 171-9 Sketch plan.

Status. Except in the case of a sketch plan for record, submission of a sketch plan is optional. Such submission shall not constitute official submission of a plan to the Borough, and the sketch plan is submitted only for informal discussion between the developer and the Borough Planning Commission.

Presubmission consultation. Applicants are encouraged to informally discuss their proposals with applicable Borough staff persons or other Borough officials before preparing engineered plans.

Site tour. Applicants are very strongly encouraged to cooperate in an on-site tour of the property by Borough officials. This site tour should be scheduled as soon as possible after the applicant has provided copies of a map of existing conditions. At best, this would occur after a sketch plan has been submitted, but before preliminary plans have been completed. This site tour is intended to informally:

Familiarize Borough officials with the property's existing features, particularly including scenic views and the site's relationship to surrounding areas;

Identify potential site design issues that will need to be addressed; and

Discuss site design concepts, including the general layout of proposed development and open spaces.

Comments made during the site visit shall not be binding upon the Borough, and no formal action or recommendation shall be made during the site visit.

Prior to the submission of a preliminary plan, applicants are very strongly encouraged to submit a sketch plan. A sketch plan review often allows an applicant to save substantial time and engineering costs, because many concerns about layout and issues concerning Borough ordinances can be resolved prior to detailed engineering. This can often reduce the need for future redesign at a more detailed stage, thereby saving the applicant significant money and time.

No official action is required on a sketch plan, so it will not delay the submittal of a preliminary plan.

Required plan data. When submitted, sketch plans shall comply with the requirements of § 171-15.

Submission.

No less than 28 days prior to a regularly scheduled meeting of the Borough Planning Commission, the subdivider shall submit seven copies of the sketch plan, seven copies of any supplementary data, the required filing fee, and six copies of the application for review of sketch plan (Form 1[1]) to the Borough.

Editor's Note: Form 1 is included as an attachment to this chapter.

In the case of a subdivision or land development adjoining Colebrookdale or Douglass Township, the subdivider shall submit an additional copy of the sketch plan to the Borough. The Borough will solicit a review and report from the Township.

Distribution. The Borough shall distribute the plans and supplementary data as follows:

Two copies to the Secretary of the Borough Planning Commission.

Two (copies) to the County Planning Commission in the case of a sketch plan for record. The plans and supplementary data shall be accompanied by one copy of Form 1, the county's referral form, and the required filing fee.

Two copies to the Borough Engineer.

One copy retained by the Borough Secretary for the permanent files of the Borough Council.

Review by Borough Planning Commission.

The sketch plan shall be reviewed by the Borough Planning Commission at one or more regularly scheduled or special meetings. The Commission shall request the Borough Code Enforcement Officer and the Borough Engineer to review the sketch plan and submit comments thereon to the Commission. The Borough Manager may review the plan and comment as applicable to the Commission.

Within 15 calendar days after the final meeting at which the sketch plan is reviewed by the Borough Planning Commission, and not later than 90 days following the date of the regular meeting of the Commission next following the date of submittal of the sketch plan to the Borough, the Commission Secretary will send the comments of the Commission regarding the sketch plan to the developer and the Borough Council.

Review of sketch plan for record by Borough Council.

In the case of a sketch plan for record submitted under the minor subdivision (§ 171-14A) or lot annexation (§ 171-14D) provisions of this chapter, after the sketch plan is reviewed by the Borough Planning Commission, the sketch plan shall be reviewed by the Borough Council at one or more regularly scheduled or special meetings and either approved or disapproved by the Council.

Borough Council shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.

The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.

When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.

Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.

In the case of a sketch plan for record submitted to the County Planning Commission for review, no official action shall be taken by the Borough Council until the Council has received the written report of the County Planning Commission, provided that the report is received within 30 days from the date the plan was forwarded to the County Planning Commission for review. If such report is not received within 30 days, the Borough Council may proceed to take action on the plan without consideration of comments from the County Planning Commission.

§ 171-10 Preliminary plan.

Submission.

Preliminary plans and required supplementary data for all subdivisions and land developments shall be submitted to the Borough Manager for review, unless exempted in § 171-14. Plans shall be submitted by the developer to the Borough no less than 28 days prior to the regularly scheduled meeting of the Borough Planning Commission at which it is to be considered. The Planning Commission has the right to wave this requirement in its sole discretion.

Any revised preliminary plan submitted to the Borough for review shall be submitted by the developer to the Borough Manager no less than 28 days prior to the regularly scheduled meeting of the Borough Planning Commission at which it is to be considered. The Planning Commission has the right to waive this requirement in its sole discretion.

Official submission of a preliminary plan shall include:

Submission of four completed Application for Review of preliminary plan (Form 2[1]).

Editor's Note: Form 2 is included as an attachment to this chapter.

Submission of nine black-on-white prints on paper of the preliminary plan which shall comply with the requirements of § 171-16.

[3]

Submission of eight copies of all other information and plans which are required by § 171-16A through F.

[4]

Payment of the filing fee.

[5]

An affidavit that the applicant is the landowner of the land proposed to be developed and has the authority to proceed on behalf of all parties claiming any ownership interest therein.

[6]

In the case of a subdivision or land development adjoining Colebrookdale or Douglass Township, the subdivider shall submit an additional copy of the preliminary plan to the Borough. The Borough will solicit a review and report from the Township.

In the case of a subdivision or land development which proposes vehicular access or stormwater drainage onto a state route, the subdivider shall submit the preliminary plan and all supplementary data to the Pennsylvania Department of Transportation with a request for review of his proposed access and drainage and shall submit evidence of such submission to the Borough at the time of preliminary plan submission.

In the case of a preliminary plan calling for the installation of improvements beyond a five-year period, a schedule shall be filed by the applicant delineating all proposed sections as well as deadlines within which applications for final plan 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 plan approval, until final plan 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. Each section in any residential subdivision or land development, except for the last section to be developed, 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.

Failure of the subdivider to submit all items required under § 171-10A(2)(a), (b) and (c), or failure of the preliminary plan to comply with the requirements of § 171-16, shall be grounds for the Borough Manager to refuse to accept the preliminary plan for review.

Distribution. The Borough Manager shall distribute submitted information as follows:

To the Borough Planning Commission:

Two copies of the preliminary plan.

One copy of application for review of preliminary plan.

Two copies of all other required information and plans.

To the County Planning Commission:

Two copies of the preliminary plan.

One copy of application for review of preliminary plan.

One copy of all other required information and plans.

The county's referral form and required filing fee.

To the Borough Engineer;

Two copies of the preliminary plan.

One copy of application for review of preliminary plan.

Two copies of all other required information and plans.

To be retained by the Borough:

Two copies of the preliminary plan.

One copy of application for review of preliminary plan.

Two copies of all other required information and plans.

To the Borough Manager:

One copy of the preliminary plan.

One copy of all other required information and plans.

Review by Borough Planning Commission. When a preliminary plan has been accepted for review by the Borough Manager, the Borough Planning Commission shall review the preliminary plan at one or more regularly scheduled or special meetings.

The Borough Engineer shall review the preliminary plan to determine whether the preliminary plan meets the requirements of this chapter and submit a written report thereon to the Borough Planning Commission.

The Borough Code Enforcement Officer shall review the preliminary plan to determine whether the preliminary plan meets the requirements of the Borough Zoning Ordinance[2] and other applicable codes and submit a written report thereon to the Borough Planning Commission.

Editor's Note: See Ch. 196, Zoning.

The Borough Manager shall review the preliminary plan to determine its conformance to the Borough Public improvements Requirement Manual and other utility requirements. The Borough Manager shall submit a written report to the Borough Planning Commission and recommend changes, alterations or modifications, as he may deem necessary.

After the final meeting at which the preliminary plan is reviewed by the Borough Planning Commission, the Commission shall notify the Borough Council, in writing, of its comments regarding the preliminary plan. The Commission may recommend that the preliminary plan be approved, be approved subject to conditions, or be disapproved. If the Commission recommends that the preliminary plan be disapproved because the provisions of this chapter have not been met, the specific provisions of this chapter which have not been met shall be noted. The Commission will notify Borough Council within 15 days after the final meeting at which it reviews the preliminary plan.

Review by Borough Council. After a preliminary plan has been reviewed by the Borough Planning Commission and the written comments of the Commission regarding the preliminary plan have been forwarded to the Borough Council, the plan shall be reviewed at one or more regularly scheduled or special meetings by the Borough Council.

No official action shall be taken by the Borough Council with respect to a preliminary plan until the Borough has received the written report of the County Planning Commission, provided the report is received within 30 days from the date the preliminary plan was forwarded to the County Planning Commission for review. If such report is not received within 30 days, the Borough Council may proceed to take action on the preliminary plan without consideration of comments from the County Planning Commission.

Before acting on a preliminary plan, the Borough Council may hold a public hearing thereon after public notice.

The decision of the Borough Council regarding the preliminary plan shall be in writing and shall be communicated to the applicant personally or mailed to him by certified mail at his last known address not later than 15 days following the decision. If delivered personally, the applicant shall give the Borough a receipt indicating he has received the decision.

The Borough Council shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Borough Planning Commission next following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed. The subdivider may grant an extension of time to the Borough. Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.

Borough Council may approve a preliminary plan subject to conditions acceptable to the applicant, provided that the applicant indicates his written acceptance of those conditions to the Borough Council within 10 days of the date of the written notification from the Borough Council. Approval of a preliminary plan shall be rescinded automatically upon the applicant's failure to accept or reject such conditions within 10 days.

(7)

If the preliminary plan proposes a staging plan calling for the submission of the final plan in sections, the boundaries of the sections as well as the order and timing of submittal of the final plans therefor, shall be subject to the approval of Borough Council. In approving a staging plan, Borough Council, in its discretion, may:

Impose conditions to the development of any single stage, phase or section which shall be complied with prior to the commencement of the next or any subsequent stage, phase or section of the subdivision or land development; and

Impose conditions which shall be met by the developer within a time period specified by Borough Council, said time period to commence after the completion of any stage, phase or section if development of the subsequent stage, phase or section during which such conditions were to be met is not commenced within said time period, and

Impose conditions which must be met within a time period specified by Borough Council in the event of a subsequent change in the use of the buildings constructed within the subdivision or land development; and

Require any or all conditions imposed by the Borough Council to be set forth and included on the final or recorded plan pertaining to any or all stages, phases or sections of the subdivision or land development prior to the recording of any such final or recorded plan.

(8)

The approval of a preliminary plan does not authorize the recording of a subdivision or land development plan nor the sale, lease or transfer of lots, nor the construction of dwellings or other buildings. Approval is only an expression of approval of a general plan to be used in preparing the final subdivision or land development plan for final approval and recording upon fulfillment of all requirements of this chapter.

§ 171-11 Final plan.

Submission.

Within 12 months after approval of the preliminary plan by the Borough Council, the developer shall submit a final plan and all required supplementary data to the Borough Manager unless an extension of time is granted by the Council. If an extension is not granted, failure to submit the final plan within 12 months may result in a determination by the Borough Council that it will consider any plat submitted after 12 months as a new preliminary plan.

The final plan shall be submitted to the Borough Manager no less than 28 days prior to the regularly scheduled meeting of the Borough Planning Commission at which it is to be considered. The Planning Commission has the right to waive this requirement in its sole discretion.

Any revised final plan submitted to the Borough for review shall be submitted by the developer to the Borough Manager no less than 28 days prior to the regularly scheduled meeting of the Borough Planning Commission at which it is to be considered. The Planning Commission has the right to waive this requirement in its sole discretion.

Official submission of a final plan shall include:

Submission of four completed Application for Review of Final Plan (Form 3[1]).

Editor's Note: Form 3 is included as an attachment to this chapter.

Submission of nine black-on-white prints on paper of the final plan which shall comply with the requirements of § 171-17.

[3]

Submission of eight copies of all other supplementary data and plans as outlined in §§ 171-17A through E.

[4]

Submission of evidence of review of an erosion and sediment control plan by the Berks County Conservation District.

[5]

Submission of evidence that the final plan has been submitted to the telephone, cable television, gas and electric companies which will serve the subdivision or land development.

[6]

An affidavit that the applicant is the landowner of the land proposed to be developed and has the authority to proceed on behalf of all claiming any ownership interest therein.

[7]

In the case of a subdivision or land development adjoining Colebrookdale or Douglass Township, the subdivider shall submit an additional copy of the final plan to the Borough. The Borough will solicit a review and report from the Township.

Failure of the subdivider to submit all items required under § 171-11A(3)(a), or failure of the final plan to comply with the requirements of § 171-17, shall be grounds for the Borough Manager to refuse to accept the final plan for review.

The Borough Council may permit the subdivider to submit: a final plan in sections in accordance with the schedule provided for in § 171-10A(2)(c) subject to such requirements or improvements guarantees in future sections as it finds essential for the protection of any finally approved section of the subdivision or land development.

The final plan shall conform to the approved preliminary plan, except that it shall incorporate all modifications required by the Borough Council in its approval of the preliminary plan. Failure to comply with the past reviews shall constitute grounds for the Borough Council to disapprove the final plan.

Distribution. The Borough shall distribute submitted information as follows:

To the Borough Planning Commission:

Two copies of the final plan.

One copy of application for review of final plan.

Two copies of all supplementary data and plans.

To the Borough Engineer:

Two copies of the final plan.

One copy of application for review of final plan.

Two copies of all supplementary data and plans.

To the Borough Manager:

One copy of the final plan.

One copy of all supplementary data and plans.

To be retained by the Borough:

Two copies of the final plan.

One copy of application for review of final plan.

Two of all supplementary data and plans.

To the County Planning Commission, in the case of a subdivision submitted under § 171-14B or E:

Two copies of the final plan.

One copy of application for review of final plan.

One copy of all supplementary data and plans.

The county's referral form and required filing fee.

Review by Borough Planning Commission. When a final plan has been accepted for review, the Borough Planning Commission shall review the final plan at one or more regularly scheduled or special meetings.

Submission of written reports.

The Borough Engineer shall review the final plan to determine whether the final plan meets the requirements of this chapter and submit a written report thereon to the Borough Planning Commission.

The Borough Code Enforcement Officer shall review the final plan to determine whether the final plan meets the requirements of the Borough Zoning Ordinance[2] and other applicable codes and submit a written report thereon to the Borough Planning Commission.

Editor's Note: See Ch. 196, Zoning.

The Borough Manager shall review the final plan to determine its conformance to the Borough Public Improvements Requirement Manual and other utility requirements. The Borough Manager shall submit a written report to the Borough Planning Commission and recommend changes, alterations or modifications, as he may deem necessary.

After the final meeting at which the final plan is reviewed by the Borough Planning Commission, the Commission shall notify the Borough Council, in writing, of its comments regarding the plan. The Commission may recommend that the final plan be approved or disapproved. If the Commission recommends that the final plan be disapproved because the provisions of this chapter have not been met, the specific provisions of this chapter which have not been met shall be noted. The Commission will notify Borough Council within 15 days after the final meeting at which it reviews the final plan.

Review by Borough Council. After a final plan has been reviewed by the Borough Planning Commission and the written comments of the Commission regarding the plan have been forwarded to the Borough Council, the plan shall be reviewed by the Borough Council at one or more regularly scheduled or special meetings.

If the final plan has been forwarded to the County Planning Commission for review, no official action shall be taken by the Borough Council with respect to the final plan until the Borough has received the written report of the County Planning Commission, provided that the report is received within 30 days from the date the final plan was forwarded to the County Planning Commission for review. If such report is not received within 30 days, the Borough Council may proceed to take action on the final plan without consideration of comments from the County Planning Commission.

Before acting on a final plan, the Borough Council may hold a public hearing thereon after public notice.

The Borough Council shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the thirtieth day following the day the application has been filed. Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.

The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed by certified mail to him at his last known address not later than 15 days following the decision. If delivered personally, the applicant shall give the Borough a receipt indicating he has received the decision.

A final plan shall not be recorded, nor shall any zoning or building permit be issued, until the requirements of § 171-12 of this chapter have been met.

§ 171-12 Completion and guarantee of improvements.

Subdivision improvements agreement.

No final plans shall be endorsed by the Borough Council unless an improvements agreement in a form acceptable to the Borough Council and Borough Solicitor is executed. A unit breakdown of all improvements required by this chapter pursuant to Form 4[1] shall be included with such agreement.

Editor's Note: Form 4 is included as an attachment to this chapter.

Completion and guarantee of improvements.

No final plan shall be endorsed by the Borough Council unless all the improvements required by this chapter and the improvements agreement have been installed, inspected and approved, in accordance with this chapter and said agreement.

Procedure for financial security.

In lieu of the completion of any improvements as stated in § 171-12B(1) above, prior to endorsement of the record plan, the subdivider shall deposit with the Borough a financial security in an amount sufficient to cover the cost of all improvements or common amenities required by this chapter and the improvements agreement and the cost of preparing as-built drawings of those improvements. The financial security may be in the form of an irrevocable letter of credit or restrictive or escrow account in a federal or commonwealth chartered lending institution or other type of financial security which the Borough Council approves. The financial security shall guarantee the completion of all required improvements on or before the date fixed in the formal action of approval or accompanying improvements agreement for completion of the improvements.

The subdivider shall also submit a cash deposit to the Borough to cover the cost established by the Borough for improvements materials and labor to be provided by the Borough pursuant to the improvements agreement.

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 plan contingent upon the developer obtaining a satisfactory financial security. The record plan shall not be signed nor recorded until the improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the improvements 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.

The amount of the 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 ninetieth 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.

(e)

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant and prepared by an engineer and certified by such engineer to be a fair and reasonable estimate of such cost. Such estimate shall be submitted to the Borough no less than 14 days prior to the meeting of the Borough Council at which such estimate is to be considered. The Borough Council, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant and the Borough Council are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another engineer chosen mutually by the Borough and the applicant. 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.

(f)

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 the financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date of 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 initial one-year period.

(g)

The party posting the financial security may request the Borough Council to release or authorize release, from time to time, such portions of the financial security necessary for payment to the contractors performing the work. Any such requests shall be in writing addressed to the Borough Council, and the Council shall have 45 days from receipt of such requests 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 subdivision or land development plan. 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. If the Borough Council fails to act within said forty-five-day period, the 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 the Borough Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

(h)

In the case where development is projected over a period of years, the Borough may authorize submission of final plans by sections or stages of development, subject to such requirements or improvements guarantees in the future sections or stages of development as it finds essential for the protection and proper development of any finally approved section of the development.

Remedies to effect completion of improvements. In the event that any improvements which are required by this chapter have not been installed as provided in this chapter or in accord with the approved final plan, the Borough may enforce any improvements agreement by appropriate legal and equitable remedies. If the proceeds of such improvements guarantee are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said financial security, the Borough may, as 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 improvements guarantee 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 financial security.

Release of improvements guarantee.

When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough Council, by certified or registered mail, of the completion of the improvements and shall send a copy of the notice to the Borough Engineer.

The Borough Council shall, within 10 days after receipt of notice of completion of improvements, direct and authorize the Borough Engineer to inspect the improvements. The Borough Engineer shall then submit a written report regarding the improvements to the Council and promptly mail a copy of the report to the developer by certified or registered mail.

The report shall be made and mailed by the Borough Engineer within 30 days after receipt of authorization from the Borough Council. The report shall be detailed and shall indicate approval or rejection of the improvements, either in whole or in part. If the improvements or any portion thereof shall not be approved or shall be rejected by the Borough Engineer, the report shall contain a statement of reasons for such nonapproval or rejection.

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 its action.

If any portion of the improvements shall not be approved or shall be rejected by the Borough Council, the developer shall proceed to complete the improvements, and upon completion the same procedure of notification as outlined above shall be followed.

When completed improvements have been approved by the Borough, the improvements guarantee shall be reduced by no more than the amount which was estimated in the improvements agreement for the approved improvements.

Preparation of as-built plans.

As-built plans for all improvements within the subdivision or land development listed in the subdivision improvements agreement shall be submitted to the Borough within 30 days after inspection and approval of the improvements by the Borough and prior to the release of the improvements guarantee and acceptance of any such improvements by the Borough. Plans shall be in accordance with the requirements of § 171-17 of this chapter, be Mylars in reproducible form, and certified by the developer's engineer to be in accordance with actual construction. The location and elevation of all sewer laterals and water services shall also be indicated. The developer shall be responsible for the preparation of such plans.

If any information relating to potential lot owners shown on the recorded plan shall have been changed, such as lot boundaries, easements, and maintenance responsibilities, a revised subdivision and/or land development plan shall be filed with the Borough in accordance with the procedures of this chapter.

Maintenance guarantee. Where the Borough Council accepts dedication of all or some of the required improvements within a subdivision or land development following completion, the Borough Council may require the posting of a maintenance guarantee to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. The maintenance guarantee shall be of the same type as permitted for installation of improvements, and the amount of the maintenance guarantee shall not exceed 15% of the actual cost of installation of the improvements.

§ 171-13 Recording of final plan or sketch plan for record.

Endorsement by Borough Council. After the procedures required by this chapter have been completed and the Borough Council approves the final plan, the Borough Planning Commission shall sign and the Borough Council shall endorse at least seven copies of the final plan or sketch plan for record.

The endorsed plans shall be clear and legible black-on-white prints on material acceptable to the Recorder of Deeds.

Before any final plan is released for recording, a copy of any permits required by the Pennsylvania Departments of Environmental Protection and Transportation shall be submitted to the Borough.

The Borough shall receive one reproducible reproduction of the final plan as approved and recorded within 15 days of recording. The reproducible reproduction shall contain the Recorder of Deeds information as to Deed Book Volume and date of recording.

The developer shall agree with the Borough to tender, if requested, a deed of dedication for any and all public improvements, including easements. Upon completion of any public improvements shown on an approved subdivision or land development plan and within 90 days, after approval of such public improvements, as herein provided, the Borough may require that the developer offer such public improvements for dedication. In such a case, the developer shall prepare a deed of dedication and forward same to the Borough for review by the Borough Solicitor. The Borough may require that the developer supply a title insurance certificate from a reputable title insurance company before any property is accepted by the Borough.

Filing with Recorder of Deeds.

Upon approval of a final plan or sketch plan of record by the Borough Council or the acceptance of the conditions of a conditional approval by the applicant in case of a plan approved subject to conditions, the developer shall, within 90 days of such final approval or acceptance of conditions, complete all conditions of approval and comply with all requirements of § 171-12. After the applicant's completion of all conditions of approval and compliance with all requirements of § 171-12, the Borough Council may endorse the record plan. The developer shall, within 90 days of such endorsement, record the plan in the office of the Recorder of Deeds. The Recorder of Deeds shall not accept any plan for recording unless the plan contains the endorsement of the Borough Council and official notification of review by the County Planning Commission. Endorsement of the Borough Council shall consist of the signature of the President of the Council and the Borough Secretary and the Borough Seal on the plan. The developer should contact the County Recorder of Deeds Office to determine all applicable requirements for recording. If the subdivider fails to record the plan within such period, the approval action of the Borough Council shall be null and void. If the approval action becomes null and void, then a preliminary plan must be submitted, unless Borough Council for cause shown allows a final plan to be submitted.

All final plan sheets which contain restrictive notes, lot boundaries, easements, maintenance responsibilities, other lot owner responsibilities and such other information relating to potential lot owners shall be recorded.

§ 171-14 Plans exempted from standard procedures.

Minor subdivision - sketch plan for record. In the case of any subdivision in which all lots will have frontage on and direct vehicular access to an existing improved Borough or state street, the parcel being subdivided will be divided into a total of not more than three lots or parcels after the effective date of this chapter, and the lots will be used for only single-family detached dwellings, the developer may submit only a sketch plan for record to the Borough. The sketch plan shall contain all information required by § 171-15 of this chapter and be submitted and reviewed in accordance with § 171-9. The sketch plan shall be submitted to the County Planning Commission for review. The Borough Council may also require submission to and review by the County Conservation District when recommended by the Borough Engineer. Submission to and review by the Pennsylvania Department of Transportation may be required if there is frontage on a state street. Further subdivision from a tract subdivided under this section or subdivision of a lot or tract created under this section will require a review of plans in accordance with the standard procedures of this chapter, and this shall be noted on the sketch plan for record.

Resubdivision - revised final plan.

Any resubdivision of land, including changes to recorded plans, shall be considered a subdivision and shall comply with all requirements of this chapter; however, in those instances where only lot lines shown on a recorded plan will be changed, all resultant lots will conform to the Borough Zoning Ordinance and this chapter, easements will not be changed, street horizontal and vertical alignment will not be changed, block sizes will not be changed, utility sizes and locations will not be changed, open space and recreation areas will not be changed, and the number of lots will not be increased, the Borough Council may, at its discretion, permit the developer to submit only a revised final plan to the Borough for review.

In addition to all items specified in § 171-17 of this chapter, the plan shall graphically show the lot line changes being made. The revised final plan shall be reviewed in accordance with § 171-11 and shall be submitted to the County Planning Commission for review.

If the revision of lot lines would result in the relocation of driveway access points previously approved by PennDOT, the Borough Council shall require submission of the revised final plan to PennDOT for approval.

Auction sale. In the case of the proposed subdivision of land by process of auction sale, the following procedure may be used by the developer.

The developer shall prepare and submit a preliminary plan in accordance with the requirements of this chapter.

The preliminary plan shall comply with the requirements of this chapter and in addition contain the following notation:

This property is intended to be sold by auction on or about _______________, 20___, in whole or in part according to this plan. Sale of lots at such auction shall be in the form of agreement to purchase, and no actual transfer of ownership or interest in such lots shall occur until a final plan showing such subdivision of property is approved by the Borough Council in accordance with the Borough Subdivision and Land Development Ordinance and recorded in the office of the County Recorder of Deeds.

After approval of the preliminary plan by the Borough Council, the auction sale may proceed. After the auction sale, the developer shall prepare and submit a final plan in accordance with this chapter.

Lot annexations - sketch plan for record. Where the conveyance, sale or transfer of land from one parcel to an adjacent parcel is proposed for the sole purpose of increasing lot size, and not for the purpose of creating a separate new lot or a land development, the developer may submit only a sketch plan for record to the Borough. The sketch plan shall contain all information required by § 171-15 of this chapter and be submitted and reviewed in accordance with § 171-9. Precise bearings and distances from field survey shall be shown for the parcel being transferred, and evidence shall be submitted that the parcel from which a parcel is being transferred will not violate or further violate, as the case may be, any requirement of the Borough Zoning Ordinance[1] or other Borough regulations. If development is subsequently proposed for the parcel which has been increased in size, no building or zoning permit shall be issued unless all applicable requirements of Borough regulations are complied with. The subdivision plan shall contain a notation that the parcel being transferred is not to be considered a separate building lot.