This article shall apply to major subdivisions as defined in § 360-5B of this chapter.
A.
Prior to filing an application for preliminary approval, the applicant
or his representative shall meet with the Building Inspector and other
Borough officials to obtain application forms and to discuss application
procedures and applicable ordinance requirements.
B.
In addition, the developer may request a preapplication conference
with the Planning Committee to discuss the conceptual design for the
development of the property and the feasibility and timing of the
application. The applicant shall contact the Building Inspector at
least 15 calendar days prior to the regular meeting of the Planning
Committee to request a preapplication conference with the Planning
Committee.
C.
The preapplication conference with the Planning Committee is voluntary
and no formal application or fee is required. This opportunity is
afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
D.
While no formal application is required for a preapplication conference,
the applicant should provide one copy of readily available information
with the request for a preapplication conference which will show the
location of the property and any special features such as streams,
floodplains or other conditions that may affect the development of
the property. Readily available resources which may be used include
the deed for the property, a property survey, the Tax Maps prepared
by the Allegheny County Assessor's Office, USGS Quadrangle Map showing
natural features and topography, the National Flood Insurance Administration
(NFIA) Flood Hazard Boundary Maps, Natural Resources Conservation
Service Maps of soil types and the U.S. Bureau of Mines coal mine
maps.
E.
A preapplication conference shall not constitute formal filing of
any application for approval of a subdivision, shall not bind the
Planning Committee to approve any concept presented in the preapplication
conference and shall not protect the application from any subsequent
changes in ordinance provisions which may affect the proposed development
between the preapplication conference and the official date of filing
of an application for preliminary approval of a major subdivision
under the terms of this chapter.
A.
The applicant shall submit 10 copies of an application for preliminary approval required by § 360-23 of this chapter to the Building Inspector at least 28 calendar days prior to the regular meeting of the Planning Committee. If the 28th day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
B.
The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 360-23 of this chapter, including the application fee, have been received.
C.
Immediately upon receipt, the application shall be stamped with the
date of receipt by the Borough and one copy of the application shall
be distributed to the Borough Engineer.
D.
The Building Inspector shall submit one copy of the complete and
properly filed application to the Allegheny County Department of Economic
Development for review and comment which shall be subject to payment
of the prevailing county review fee by the applicant. Additional copies
may be referred to any other appropriate review agency at the discretion
of the Building Inspector.
All applications. All applications for preliminary approval
of a major subdivision shall include the following:
A.
Ten copies of the completed application form supplied by the Borough.
C.
Proof
of proprietary interest.
D.
Written
evidence of compliance with all other Borough, county, state or federal
permits required for the plan, if any.
E.
Ten copies
of a preliminary plat, prepared and sealed by a Pennsylvania registered
professional land surveyor, drawn at a scale of not less than one
inch equals 100 feet, all drawings on sheets not exceeding 34 inches
by 44 inches, containing the following information:
(1)
A boundary survey by a registered professional land surveyor and
topographical survey of the total proposed subdivision by a registered
professional engineer or registered professional land surveyor. If
the developer intends to develop a tract of land in phases, the preliminary
plat shall include the total tract.
(2)
The proposed name of the subdivision.
(3)
The name, address, certification and seal of the registered engineer
or registered surveyor who prepared the plat and the registered surveyor
who did the survey shown on the plat.
(4)
The name and address of the developer and, if the developer is not
the landowner, the name and address of the landowner.
(5)
A location map showing the plan name and location; major existing
thoroughfares related to the site, including the distance therefrom,
title, scale and North point.
(6)
A graphic scale, North point and date.
(7)
A legend and notes.
(8)
Date of preparation. All revisions shall be noted and dated.
(9)
The existing platting of land adjacent to the site, including the
names of adjoining owners, and all existing sewers, water mains, culverts,
petroleum or gas lines and fire hydrants on the site or within 100
feet of the site shall be shown.
(10)
The names of all adjoining subdivisions.
(11)
Existing watercourses, wetlands, tree masses and other significant
natural features.
(12)
Location of existing buildings and all other structures, including
walls, fences, culverts and bridges, with spot elevations of such
buildings and structures. Structures to be removed shall be indicated
by dashed lines; structures to remain shall be indicated by solid
lines.
(13)
Areas subject to periodic flooding, if any, as identified on
the current Official Map for the Borough issued by the Federal Insurance
and Mitigation Administration.
(14)
A wetlands determination report for all sites which have hydric
soils or soils with hydric inclusions and, if applicable, a wetlands
delineation report for all jurisdictional wetlands on the site and
the design techniques proposed to accommodate them.
(15)
Contours at intervals of elevation of not more than five feet
where the slope is greater than 10% or greater and at intervals of
not more than two feet where the slope is less than 10%.
(16)
A slope map showing the location and the area of land in square
feet which has a slope of 25% or greater and certification by a registered
professional geotechnical engineer regarding the feasibility of any
proposed grading on slopes greater than 25%, the stability of the
finished slopes, measures to mitigate landslides, soil erosion, sedimentation,
stormwater runoff and potential impacts on adjacent properties.
(17)
Written or graphic evidence that all earthmoving activities
shall conform to all requirements for grading and excavation enacted
by the Borough.
(18)
A soils map identifying soils which are landslide-prone, if
any.
(19)
Existing streets and rights-of-way on or adjoining the site,
including dedicated widths, roadway widths, approximate gradients,
types and widths of pavements, curbs, sidewalks and other pertinent
data.
(20)
Existing and proposed easements, locations, widths and purposes.
(21)
Location, width and approximate grade of all proposed streets,
and the cuts or fills on said streets at fifty-foot intervals.
(22)
The layout of lots (showing scaled dimensions), lot numbers
and the area of lots in square feet.
(23)
Front building lines.
(24)
Parcels of land proposed to be reserved for schools, parks,
playgrounds or other public, semipublic or community purposes, if
any. Parcels shall be lettered A, B, C, etc., and the area of each
parcel in acres shall be shown.
(25)
Tabulation of site data, including total acreage of land to
be subdivided, the number of residential lots, typical lot size, the
acreage in the subdivision and the acreage in any proposed recreation
or other public areas.
(26)
The location of all existing sewer lines, culverts, or other
underground structures, with pipe sizes and types, together with a
preliminary layout of necessary extensions of, or additional, sewer
lines, or other proposed underground utilities, and indicating easements
for public utilities, sewage and drainage.
(27)
Feasibility of proposals for disposition of stormwater and sanitary
waste.
(28)
Proposed private improvements, if any.
(29)
Written or graphic evidence that all plans will conform to the
Borough construction standards.
(30)
If applicable, a notation on the plat that access to a state
highway shall only be authorized by a highway occupancy permit issued
by the Pennsylvania Department of Transportation under Section 420
of the State Highway Law[1] (P.L. 1242, No. 428 of June 1, 1945) and that the approvals
of the Whitaker Borough Planning Committee and Borough Council are
conditional, subject to action of the Pennsylvania Department of Transportation
pursuant to application for a highway occupancy permit.
[1]
Editor's Note: See 36 P.S. § 670-420.
(31)
Soil erosion and sedimentation control plan and narrative.
(32)
If required by law, evidence that Soil erosion and sedimentation
control plans have been submitted to the Allegheny County Conservation
District and that the applicant has paid all applicable review fees
and the NPDES permit has been issued.
F.
In the case of a plan which proposes 25 or more dwelling units, a
traffic study prepared in accordance with § 360-52A(6).
G.
Wherever public improvements are proposed or where evidence exists
of deep mining, strip mining, landslide-prone soils or other geologic
hazards on the site, a geologic report by a qualified registered professional
geotechnical engineer acceptable to the Borough regarding soil and
subsurface conditions and the probable measures needed to be considered
in the design of the development, the location of structures and the
design of foundations, if any.
I.
A written statement requesting any waivers or modifications to this chapter in accordance with Article IX, if applicable.
J.
A written statement identifying any zoning variances which will be
needed or which have been granted to the property by the Zoning Hearing
Board.
A.
Planning Committee recommendation.
(1)
At the first regular meeting of the Planning Committee after submission
of a preliminary application, the Planning Committee shall either
accept or reject the application as complete in content and properly
filed. The date of the Planning Committee meeting at which the preliminary
application is accepted as complete and properly filed shall be the
official date of filing of the application and shall represent the
beginning of the sixty-day period for Planning Committee review and
recommendation on the application, unless the applicant agrees, in
writing, to an extension of time. During the sixty-day review period,
the Borough Engineer shall provide preliminary review comments to
the Planning Committee and the applicant.
(2)
Within 60 days of the official date of filing of the preliminary
application, the Planning Committee shall recommend either approval,
approval with conditions or disapproval of the preliminary application
at a public meeting. In the case of a recommendation for disapproval,
the Planning Committee recommendation shall cite the specific requirements
of this chapter which have not been met.
B.
Action by Borough Council.
(1)
The Borough Engineer shall present a written report to Borough Council
which states whether an application complies with the requirements
of this chapter and that report shall be included in the minutes of
the Borough Council meeting.
(2)
Within 90 days of the official date of filing of the preliminary
application, Borough Council shall take one of the following actions:
approve, approve with conditions, or disapprove the preliminary application
at a public meeting. Borough Council shall not act until the review
has been received from the Allegheny County Department of Economic
Development or until 30 days has passed since the date that the application
was submitted to the county for review. The recommendation of the
Borough Planning Committee and the report of the Allegheny County
Department of Economic Development, if any, shall be made a part of
the record at that meeting.
(3)
A letter indicating, approval with conditions or disapproval shall
be mailed to the applicant within 15 days of the date of the decision
by Borough Council. If the preliminary application is not approved,
Borough Council shall specify the defects found in the preliminary
application and cite the specific requirements of this chapter which
have not been met.
C.
Conditional approval. If Borough Council determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 360-24B of this chapter. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Borough Secretary within 30 days of the date of the meeting of Borough Council at which preliminary approval is granted. If the applicant rejects any of the conditions or if the applicant fails to give written notice to the Borough Secretary regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.
D.
Deemed approval. Failure of Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the 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.
E.
Expiration of preliminary approval.
(1)
Preliminary approval shall expire five years from the date of the
grant of preliminary approval by Borough Council, unless a written
extension is submitted by the applicant and approved by Borough Council.
Any request for extension shall be submitted to Borough Council at
least 30 days prior to the prevailing expiration date. Extensions
may be granted for one or more six-month periods upon a finding by
Borough Council that such extension is warranted for reasonable cause
and not due to the applicant's own negligence or inaction.
(2)
In the case of a phased development, calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the applicant with the preliminary application delineating all
proposed phases, as well as time deadlines by which applications for
final plat approval of each phase are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of preliminary approval until final plat approval of the final phase
has been granted. Any modification in the aforesaid schedule shall
be subject to approval by Borough Council in its sole discretion.
Phased development shall be subject to the time protection provisions
of Section 508(4) of the Pennsylvania Municipalities Planning Code[1] (Act 247 of 1968, as amended).
[1]
Editor's Note: See 53 P.S. § 10508(4).
A.
After a preliminary application for a major subdivision has been approved by Borough Council, the developer may proceed by filing an application for final approval of a major subdivision. The final application may be submitted for the entire development granted preliminary approval or may be submitted in phases in accordance with § 360-27E of this chapter.
B.
If the major subdivision proposes any variances to Chapter 440, Zoning, the decision of the Zoning Hearing Board shall be issued prior to submission of the application for final approval. If the zoning variances are denied, the final plat shall be revised to show compliance with the zoning requirements at issue. If the final plat is not revised to show compliance with the zoning requirements which are at issue, a new preliminary application shall be required.
C.
In either case, the applicant shall submit 10 copies of the final application required by § 360-26 to the Borough Secretary at least 28 calendar days prior to the regular meeting of the Planning Committee. If the 28th day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
D.
Immediately upon receipt, the application shall be stamped with the
date of receipt by the Borough and one copy of the application shall
be distributed to the Borough Engineer. Additional copies may be referred
to any other appropriate review agency at the discretion of the Building
Inspector.
All applications for final approval of a major subdivision shall
include the following:
A.
Ten copies of the completed application form supplied by the Borough.
C.
One copy of the approved preliminary plat.
D.
Written evidence of compliance with all other applicable Borough,
county, state or federal regulations or permits.
E.
Ten copies of the final plat, prepared and sealed by a Pennsylvania
registered professional land surveyor, in accurate and final form
for recording drawn to a scale not less than one inch equals 100 feet
on sheets not exceeding 24 inches by 36 inches which clearly delineates
the following:
(1)
The name of the subdivision.
(2)
The name and address of the developer, and, if the developer is not
the landowner, the name and address of the landowner.
(3)
The name, address, signature, license number and seal of the registered
land surveyor who prepared the plat.
(4)
The North point, graphic scale and date.
(5)
Accurate boundary lines, with dimensions and bearings. The boundary
of the tract shall be determined by an accurate survey in the field
which must be balanced and closed and certified to be correct by a
registered land surveyor.
(6)
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract of land described in the final plat.
(7)
Lot numbers, dimensions of each lot and the area of each lot, in
square feet. All lots shall be numbered consecutively.
(8)
All dimensions shall be shown to the nearest 0.01 foot, United States
Standard measure.
(9)
Final building lines.
(10)
The location and dimensions of all easements for public improvements
and any limitations on such easements.
(11)
Dimensions and bearings of any property to be reserved for public,
semipublic or community use, if any.
(12)
Street names, which do not duplicate or sound like an existing
street name in the 911 service area;
(13)
Complete curve data for all curves included in the final plat,
including radius, arc length, chord bearing and chord distance. Lines
which join these curves that are nonradial or nontangential should
be so noted.
(14)
Street lines with accurate dimensions in feet and hundredths
of feet.
(15)
If applicable, a notation on the plat that access to a state
highway shall only be authorized by a highway occupancy permit issued
by the Pennsylvania Department of Transportation under Section 420
of the State Highway Law[1] (P.L. 1242, No. 428 of June 1, 1945) and that the approvals
of the Whitaker Borough Planning Committee and Borough Council are
conditional, subject to action of the Pennsylvania Department of Transportation
pursuant to application for a highway occupancy permit.
[1]
Editor's Note: See 36 P.S. § 670-420.
(16)
If applicable, a notation on the plat regarding any zoning variances
granted by the Zoning Hearing Board, including the date of the decision,
the appeal number and the nature of the variance granted.
(17)
Location, type and size of all monuments and lot markers in accordance with the standards and requirements of § 360-78 of this chapter and the Allegheny County Subdivision and Land Development Ordinance and an indication of whether they were found or set.
(18)
Soil erosion and sedimentation control plan and narrative.
(19)
Where applicable, evidence of approvals from the Allegheny County
Soil Conservation District, Pennsylvania Department of Environmental
Protection or the U.S. Army Corps of Engineers and any other applicable
county, state or federal agency.
(20)
Spaces for the signatures of the Chairman and Secretary of the
Planning Committee; the President and Secretary of Borough Council;
the Borough Engineer; and dates of approval.
(21)
Certification clauses required by the Allegheny County Subdivision
and Land Development Ordinance.
F.
Certificate of completion of public improvements in the plan or a performance bond to guarantee proper installation of the public improvements in the plan, as required by § 360-30 of this chapter.
I.
Two copies of construction plans for public improvements prepared
by a registered professional engineer drawn on sheets measuring 24
inches by 36 inches showing the following:
(1)
Conformity with the design standards specified in Article VIII of this chapter and the Borough construction standards.
(2)
Street plan and profile of each street in the plan, including the
terminus of all streets in the plan and any area beyond the limits
of the plan where grading is proposed to construct the street. Street
plan and profile drawings shall include all drainage easements over
property, location of catch basins, inlets, manholes, headwalls and
endwalls of the stormwater system. Top and invert elevations shall
be shown along with the pipe size. Profile of storm sewer pipes shall
show any crossing sanitary sewer lines, water lines or other utility
lines. Lot lines and lot numbers shall be included in the street plan
view.
(3)
At least three cross sections at intervals not to exceed 100 feet
and extending 50 feet on each side of the street center line or 25
feet outside of the street right-of-way, or to the limits of grading,
whichever is greater.
(4)
Sanitary sewer plan and profile drawing which shall include lot lines
and lot numbers on the plan view. The location of the sanitary sewers,
manholes and location of each "Y" proposed for installation shall
be shown. The grade line, distance and pipe size of each line shall
be indicated on the plan and profile. The top and invert elevation
of each manhole plus pipe invert grades at fifty foot intervals shall
be provided.
(5)
All construction drawings shall be prepared according to accepted
engineering practice.
J.
Final grading plan which demonstrates compliance with all requirements
for grading and excavating enacted by the Borough.
K.
Plans showing compliance with recommendations of the Soils Report
or Wetlands Delineation Report, if applicable.
A.
Planning Committee recommendation.
(1)
At the first regular meeting of the Planning Committee after submission
of a final application, the Planning Committee shall either accept
or reject the application as complete and properly filed. The date
of the Planning Committee meeting at which the final application is
accepted as complete and properly filed shall be the official date
of filing for the application and shall represent the beginning of
the sixty-day period for Planning Committee review and recommendation
on the application, unless the applicant agrees, in writing, to an
extension of time. During the sixty-day review period, the Borough
Engineer shall provide review comments to the Planning Committee and
the applicant.
(2)
Within 60 days of the official date of filing of the application,
the Planning Committee shall make a recommendation, in writing, to
Borough Council for approval, approval with conditions or disapproval
of the final application. In the case of a recommendation for disapproval,
the Planning Committee recommendation shall cite the specific requirements
of this chapter which have not been met.
B.
Action by Borough Council.
(1)
The Borough Engineer shall present a written report to Borough Council
which states whether the application complies with the requirements
of this chapter and that report shall be included in the minutes of
the Council meeting.
(2)
Within 90 days of the official date of filing of the application,
Borough Council shall take one of the following actions: approve,
approve with conditions, or disapprove the final application at a
public meeting. The Planning Committee's written recommendation shall
be made a part of the record at that meeting.
(3)
A letter indicating approval, approval with conditions or disapproval
shall be mailed to the applicant within 15 days of the date of the
decision by Borough Council. If the final application is not approved,
Borough Council shall specify the defects found in the final application
and cite the requirements of this chapter which have not been met.
C.
Conditional approval. If Borough Council determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 360-27B of this chapter. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Borough Secretary or by executing the development agreement required by § 360-32 of this chapter within 30 days of the date of the meeting of Borough Council at which final approval is granted. If the applicant rejects any of the conditions or if the applicant fails to give written notice to the Borough Secretary regarding acceptance or rejection of the conditions attached to final approval or execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
D.
Deemed approval. Failure of Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the 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.
E.
Phased approval.
(1)
In the case where development of a major subdivision is projected
over a period of years, the Borough authorizes submission of final
applications by sections or phases of development, subject to such
requirements or guarantees for public improvements in future sections
or phases of the development which are essential for the protection
of the public welfare and any existing or proposed section or phase
of the plan.
(2)
All sections or phases shall conform to the preliminary application as previously approved by the Borough. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application shall require complete resubmission of the preliminary application in accordance with §§ 360-22, 360-23 and 360-24 of this chapter.
A.
The Borough may offer the mediation option as an aid in completing
the proceedings authorized by this article. Mediation shall supplement,
not replace, those procedures in this article once they have been
formally initiated. Nothing in this section shall be interpreted as
expanding or limiting the Borough's police powers or as modifying
any principles of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. In offering the mediation
option, the Borough shall assure that in each case, the mediating
parties, assisted by the mediator as appropriate, develop terms and
conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in this chapter or in
the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as
amended), provided there is written consent by the mediating parties,
and by the applicant or Borough Council, if either is not a party
to the mediation.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the
mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the
parties, and become subject to review and approval by Borough Council
pursuant to the procedures for approval set forth in this article.
C.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
When requested by the developer, in order to facilitate financing,
Borough Council shall furnish the developer with a signed copy of
a resolution indicating approval of the final plat contingent upon
the developer executing the development agreement and posting any
required performance bond. The final plat shall not be signed nor
recorded until the performance bond is posted and the development
agreement is executed. The resolution shall expire and be deemed to
be revoked if the performance bond is not posted and the development
agreement is not executed within 90 days, unless a written extension
is granted by Borough Council. Such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the developer.
A.
In lieu of the completion of any improvement required prior to and
as a condition for final approval of a plat, the applicant shall deposit
a performance bond, as defined by this chapter, in favor of the Borough,
in an amount equal to 110% of the cost of completion of the improvements
estimated as of 90 days following the date scheduled for completion
by the developer. The surety company or lending institution holding
the performance bond shall notify the Borough Secretary by certified
mail at least 30 days prior to the expiration of the performance bond.
B.
Annually, the Borough may adjust the amount of the performance bond 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 90th day after either the original date scheduled for completion of 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 performance bond equals said 110%. Any additional security shall be posted by the developer in accordance with this § 360-30.
C.
The amount of the performance bond required shall be based upon a
written estimate of the cost of completion of the required improvements,
submitted by an applicant or developer and prepared by an engineer
and certified by such engineer to be a fair and reasonable estimate
of such cost. The Borough, upon the recommendation of the Borough
Engineer, may refuse to accept such estimate for good cause shown.
If the applicant or developer and the Borough 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
or developer. 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
or developer.
D.
If the party posting the performance bond requires more than one
year from the date of posting of the performance bond to complete
the required improvements, the Borough may increase the amount of
the performance bond an additional 10% for each one-year period beyond
the first anniversary date from posting of the performance bond or
to an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period by using the above procedure.
In all subdivisions or land developments where private improvements are required by this chapter or are voluntarily provided by the developer, an amenities bond shall be required. The procedure for posting the amenities bond shall be the same as that required by § 360-30 of this chapter for posting a performance bond, except that the estimate of the cost of completion of the required private improvements shall be prepared by the applicant's or developer's engineer and shall be certified by such engineer to be a fair and reasonable estimate of such costs. The Borough, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. Disputes shall be resolved in accordance with the procedure specified in § 360-30.
A.
As a condition of granting final approval of a subdivision or land development that requires the posting of a performance bond or an amenities bond or to which conditions are attached to the grant of final approval, Borough Council shall require that the developer: a) execute a development agreement with the Borough, in a form acceptable to the Borough Solicitor, containing any conditions attached to the approval of the plan and provisions that are reasonably required to guarantee the proper installation of public and private improvements related to the subdivision and/or land development and provisions necessary to indemnify the Borough in connection therewith; and b) pay all required application filing, review and inspection fees required under § 360-100 of this chapter.
B.
Said agreement shall be executed, the required performance bond or
amenities bond shall be posted and all required fees shall be paid
before the Borough Secretary shall affix his or her signature and
the Borough's Seal to the final plat for recording purposes.
Upon approval of a final plat by the Borough, the developer
shall, within 90 days of such final approval or 90 days after the
date of delivery of an approved plat signed by the governing body
following completion of conditions imposed for approval, whichever
is later, record such plat in the Allegheny County Department of Real
Estate (formerly known as the Office of the Allegheny County Recorder
of Deeds).
A.
In the event that the plan has not been recorded within the required
90 days, the Borough Secretary is authorized to reinstate the signatures
of the proper officers of the Borough indicating approval, provided
there are no changes in the major subdivision previously granted approval
and all the requirements of this chapter regarding posting of a performance
bond or amenities bond and execution of a development agreement have
been met and, further, provided the plan is submitted for reinstatement
of approval within 180 days following the date of the original final
approval by Borough Council.
B.
Any request for reinstatement of final approval which is submitted after 180 days from the date of the original granting of final approval by Borough Council shall be required to resubmit an application for final approval in conformance with the requirements of §§ 360-25 through 360-35 of this chapter.
Within 90 days of the date of recording of the final plat in
the Allegheny County Department of Real Estate (formerly known as
the Office of the Allegheny County Recorder of Deeds), the applicant
shall deliver to the Borough Secretary one Mylar and three paper prints
of the final plat as recorded, containing all required signatures
and dates of approval.
