[Ord. 287, 3/28/2016]
1.
Fee Resolution.
A.
Council shall establish by resolution a collection procedure and
schedule of fees to be paid by the applicant at the time of submission
of all plans.
B.
Fees for all other permits required for and by the Borough shall
be established by the resolution.
C.
Said schedule of fees shall be posted in the Borough office.
2.
Engineering Fees.
A.
Engineering fees required to be paid in accordance with this chapter
shall be paid to the Borough by the applicant for the below listed
services:
(1)
Reviewing all information submitted in conformance with provisions
of this chapter. This includes all originally submitted and revised
plans, reports and specification.
(2)
Inspecting the layout of the site for conformance to the submitted
survey, plan and specifications.
(3)
Reviewing planning modules for land development.
(4)
Reviewing cost estimates of required improvements as submitted
by the developer.
(5)
Inspecting required improvements during construction.
(6)
Final inspections of completion of installation of the required
improvements.
(7)
Such other technical services as deemed necessary or required
by the Borough.
[Ord. 287, 3/28/2016]
1.
No plan shall be finally approved unless the streets shown on such
plan have been improved as may be required by this chapter, and any
walkways, curbs, gutters, street lights, fire hydrants, shade trees,
water mains, sanitary sewers, storm drains, stormwater management
facilities, or other improvements as may be required by this chapter
have been installed in accordance with this chapter, except that the
surface course of streets shall not be completed until such time as
90% of the lots in the subdivision or land development have been improved
by the construction of a dwelling if approved for residential development
or by the construction of the proposed commercial or industrial structures
if the lots are approved for such uses.
A.
In lieu of the construction and completion of the improvements required
by this chapter as a condition for final plan approval, the developer
may deposit with the Borough and/or the Authority, as applicable,
a letter of credit, or other financial security authorized by the
Municipalities Planning Code and acceptable to Council and/or the
Authority in an amount equal to 110% of the estimated cost of the
required improvements estimated for a time 90 days following the date
scheduled for completion of the respective improvements by the developer.
2.
The amount of financial security required by the Borough shall be
based upon an estimate of the cost of the improvements, submitted
by a developer and prepared by a professional engineer licensed as
such in this commonwealth and certified by such engineer to be a fair
and reasonable estimate of such cost. The estimated cost of the surface
course shall be computed separately from the estimated cost of completing
the other improvements and shall be based upon the developer's
projected timetable for completion of the development. The Borough,
upon the recommendation of the Borough Engineer, may refuse to accept
such estimate for good cause shown. If the developer and the Borough
are unable to agree upon an estimate, then the estimate shall be recalculated
and recertified by another professional engineer licensed as such
in this commonwealth and chosen mutually by the Borough and the 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 developer.
3.
Annually the Borough and/or the Authority may adjust the amount of
required financial security by redetermining the estimated cost for
completion of the uncompleted improvements as of the expiration of
the 90th day after either 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 ensure
that the financial security equals 110% of the estimated cost of the
Borough and/or the Authority completing the improvements at a time
90 days following the date scheduled for completion or alternatively
reduce the required security so that it equals such amount. Any additional
security shall be posted by the developer within 30 days after being
notified of the same. The amount of financial security required by
the Authority shall be computed in accordance with the Authority's
rules and regulations.
4.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Borough to release
or authorize the release from time to time such portions of the financial
security necessary for the payment to the contractor or contractors
performing the work. Any such request shall be in writing and addressed
to Council, and Council shall have 45 days from the receipt of such
request to allow the Borough Engineer to certify, in writing, to Council
that such portion of the work has been completed in accordance with
the approved plan. Upon such certification, Council shall authorize
release from the required financial security of an amount as estimated
by the Borough Engineer as representing the value of the work completed.
5.
The value of the work completed shall be determined by subtracting
110% of the estimated cost of the completion of the remaining uncompleted
work from the total amount of security deposited.
6.
At such time as 90% of the lots in the subdivision have been improved
as set forth above, or at the expiration of the time agreed to by
the applicant and Council for completion of all improvements excepting
the surface course has been completed, less than 90% of the lots have
been so improved, the Borough may notify the developer to complete
the surface course within 60 days from the date of such notice. In
computing the sixty-day requirement, the period from October 1 to
April 1 shall not be counted.
7.
If at the time the surface course is completed, 90% of the lots are
not improved as set forth above, the developer shall post with the
Borough financial security in an amount equal to 15% of the reasonable
cost of the surface course as security to guarantee that damages to
the road or street would not occur during the completion of the improvements
on the unimproved lots in such developer's subdivision or land
development. The Borough shall hold such financial security and utilize
it to pay for the repair of any damage occurring to the road during
the period between the commencement of improvements on any particular
unimproved lot and the completion of such improvements irrespective
of whether or not it can be established that the damage to the road
was caused by contractors or other persons working in and about the
construction of such improvements. The financial security shall be
in a form acceptable to the Borough.
[Ord. 287, 3/28/2016]
1.
When the developer has completed all of the improvements as shown
on the final plans, the developer shall notify Council, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements, enclosing therewith certification by the engineer responsible
for the design of the improvements that they have been installed as
designed, and shall send copies of the notice and certification to
the Borough Engineer. All requests shall include as-built plans as
specified in § 709 and of any other improvements to be dedicated
to the Borough and/or the Authority and of all streets, whether or
not such streets shall be dedicated.
2.
Council shall, within 10 days after receipt of such notice, direct
and authorize the Borough Engineer to inspect all of the aforesaid
improvements. The Borough Engineer shall thereupon file a report,
in writing, with Council and shall promptly mail a copy of the same
to the developer by certified or registered mail. The report shall
be made and mailed within 30 days after receipt by the Borough Engineer
of the aforesaid authorization from Council; said report shall be
detailed and shall indicate approval or rejection of said improvements,
either in whole or in part, and if said improvements or any portion
thereof shall not be approved or shall be rejected by the Borough
Engineer, said report shall contain a statement of the reasons for
such non-approval or rejection. Improvements shall not be considered
completed unless the developer can demonstrate compliance with the
requirements of this chapter, and all other applicable ordinances,
statutes and regulations.
3.
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 with relation thereto. If Council or the Borough Engineer
fails to comply with the time limitation provisions contained herein,
or such time limitations as contained in the Municipalities Planning
Code, whichever requirements shall contain a longer time period for
action by the Borough, all improvements will be deemed to have been
approved and the developer's posted financial security shall
be released.
4.
If any portion of the said improvements shall not be approved or
shall be rejected by Council, the developer shall proceed to complete
the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
5.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings
or otherwise any determination of Council or the Borough Engineer.
[Ord. 287, 3/28/2016]
In the event that any improvements that may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, Council may enforce any letter of credit
or other financial security by appropriate legal and equitable remedies.
If proceeds of such financial security are insufficient to pay the
cost of installing or making repairs or corrections to all the improvements
covered by said security, Council may, at its option, install such
improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action or recover
the monies necessary to complete the remainder of the improvements.
All the proceeds, after deducting the costs of collection, whether
resulting from the financial security 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 security,
and not for any other Borough purpose.
[Ord. 287, 3/28/2016]
1.
The Borough and/or the Authority, at their discretion, shall inspect
the improvements during construction. The developer shall pay the
cost of any such inspection in accordance with the provisions of Article
V of the Municipalities Planning Code. The developer shall provide
at least 24 hours' notice prior to the start of construction
of any improvements that are subject to inspection. All inspections
of completed items shall be requested, in writing, at least 48 hours
in advance of the inspection time and date.
2.
It is generally required that the following phases of site construction
have mandatory inspection. This general list of phases may be amended
by mutual agreement of the Borough and developer when the site requires
special construction procedures. The inspection schedule must be recorded
with the final plan or shown on the approved preliminary plan.
3.
General Site Construction.
A.
Upon completion of preliminary site preparation including stripping
of vegetation, stockpiling of topsoil and construction of temporary
erosion and sedimentation control devices.
B.
Upon completion of rough grading, but prior to placing topsoil, permanent
drainage, or other site development improvements and ground covers.
C.
During the construction of permanent stormwater management and BMP
facilities.
D.
Upon the final completion of permanent stormwater management and
BMP facilities, including the establishment of ground covers and plantings.
E.
After review of the as-built drawings, required by this part, but
prior to final release of the financial guarantee for completion of
final grading, vegetative controls required by the BMP standards,
or other site restoration work.
4.
Street Construction.
A.
Preparation of Road Subgrade. At the time of this observation, the
subgrade should be proof rolled and the proposed crown and grade should
be checked. It is recommended that a developer's/contractor's
representative accompany the observer when the crown and grade are
checked. Proof rolling shall be performed with a fully loaded, tandem-axle
dump truck.
(1)
Based on this observation, in the event of unstable soil conditions
that would affect the long term integrity of the proposed road, Mountville
Borough reserves the right to require geotechnical evaluation of the
soils in the proposed street right-of-way. Such evaluation shall be
conducted in that portion of the right-of-way deemed by the Borough
Engineer to be an area of concern for instability. The evaluation
shall include an Engineering Classification Test (ASTM D2487) for
the distribution of grain size with Atterberg Limits Test (ASTM D4318)
for liquid and plastic limits. The evaluation shall also include a
Standard Proctor Test (ASTM D698 or AASHTO T-99C) for soil moisture
and density relationships.
(a)
The minimum density under the Standard Proctor Test shall be
100% for all roads.
(2)
For those road subbase sections that do not meet the above minimum
densities or present soil conditions such as excessive moisture or
resilience that would lead to instability in the opinion of the Borough
Engineer, Mountville Borough reserves the right to require the installation
of roadway geotextile fabric according to manufacturer's specifications
to insure a stable foundation upon which the road subbase shall be
placed.
B.
Placement and Compaction of Road Subbase. At the time of this observation,
the depth of subbase should be checked after compaction, the subbase
should be proof rolled in the same manner as the subgrade and the
crown and grade should be checked again. This observation must occur
prior to any binder or base course being placed.
C.
Placement and Compaction of the Binder/Base Course. At the time of
this observation, the depth of the binder/base course should be checked,
ambient temperature should be monitored (this is important in early
spring and late fall days when the temperature can go below acceptable
limits), the temperature of the bituminous material should be checked
(if possible), and it is recommended that copies of the weight slips
for each truckload are obtained. The crown and grade should also be
checked again. This observation must occur prior to the wearing course
being placed.
D.
Placement and Compaction of the Wearing Course. At the time of this
observation, the guidelines for the placement and compaction of the
binder/base course should be followed.
5.
In addition to the above outlined observations, additional observations
will be made at the request of the developer for reduction of financial
securities. Random observations should be made at the frequency desired
by the municipality. At the time of any of the above listed observations,
all ongoing construction (i.e., storm drainage, erosion control, etc.)
should also be checked for compliance with the approved plans and
the findings reported. Since the above inspections are mandatory,
it is recommended that requests for reduction of financial guarantee
to be submitted to coincide with the above inspections.
[Ord. 287, 3/28/2016]
1.
Any offer to dedicate any street or portion thereof shall be made
on forms provided by the Borough, along with all required supporting
documentation and required fees. Offers for dedication may be submitted
to the Borough at any time during the calendar year; however, the
Borough will not formally act upon any offer of dedication prior to
April 15 or later than September 1 of any calendar year.
2.
The offer to dedicate streets, parks or other areas or portions of
them does not impose any duty upon the Borough and/or the Authority
concerning maintenance or improvement until the proper authorities
of the Borough and/or the Authority have made actual acceptance of
the dedication by ordinance or resolution or by entry or improvement.
3.
Where the Borough accepts dedication of all or some of the required
improvements following completion, the Borough may require the posting
of financial security to secure structural integrity of said improvements
as well as the functioning of said improvements in accordance with
the design and specifications as depicted on the final plan for a
term of 18 months from the date of acceptance of dedication. Said
financial security shall be of the same type as otherwise required
in this part with regard to installation of such improvements and
the amount of such financial security shall not exceed 15% of the
actual cost of the installation of the said improvements.
4.
Where the Authority accepts dedication of some or all of the required
improvements, the Authority may require the posting of financial security
in accordance with its rules and regulations and applicable law.
[Ord. 287, 3/28/2016]
1.
Recording of the final plan after approval of Council has the effect
of an irrevocable offer to:
[Ord. 287, 3/28/2016]
The developer shall maintain all streets in the subdivision
or development in travelable condition, including the prompt removal
of snow therefrom, until such time as the streets are accepted by
the Borough as part of the Borough highway system; or, if such streets
are not to be dedicated, until a homeowners' association or other
entity responsible for the maintenance of the streets has been formed.
[Ord. 287, 3/28/2016]
1.
Prior to the final release of the financial security, the developer
shall provide the Borough with one Mylar, two paper prints, and/or
one electronic copy at the Borough's discretion of the final
as-built plan showing the following:
A.
Actual location of all concrete monuments which were set at all angle
breaks and points of curvature along one side of the right-of-way.
B.
When the outside perimeter of a tract falls within or along an existing
road right-of-way, then the right-of-way of that roadway shall be
monumented at the above referenced points.
C.
Actual location of all iron pins or drill holes in curbs for all
individual lot lines.
D.
Actual cul-de-sac radius.
E.
Actual horizontal and vertical location of cartway centerline versus
right-of-way centerline.
F.
Actual location of floodplain by elevation and dimension from property
line.
G.
Actual location and cross section of swales and accompanying easements.
H.
Actual horizontal and vertical location of stormwater management
facilities including type and size of storm drainage pipes.
I.
Detention basin:
(1)
Actual contours of the detention basin.
(2)
Actual outlet structure details including type, size and inverts
of outlet pipes.
(3)
Actual elevation of the embankment and emergency spillway.
(4)
A table showing the stage/storage/discharge curve for the constructed
conditions.
(5)
A table providing a comparison of the approved design vs. the
as-built discharge rates from all detention facilities, signed and
sealed by a professional engineer and land surveyor.
[Ord. 287, 3/28/2016]
1.
It shall be the duty of the Zoning Officer and/or other such duly
authorized representative of the Borough, and they are hereby given
the power and authority to enforce the provisions of this chapter.
2.
The Zoning Officer shall direct and the applicant shall be required
to submit an application for a zoning permit that contains all information
necessary to enable the Zoning Officer to ascertain whether the proposed
building, alteration, or use is located in an approved subdivision
or land development plan and whether the proposed building, alteration
or use is in compliance with the applicable subdivision or land development
plan. No zoning permit shall be issued until the Zoning Officer has
determined that the site for the proposed building, alteration or
use complies with all the provisions of this chapter and conforms
to the site description as indicated on the approved and recorded
final plan.
[Ord. 287, 3/28/2016]
1.
Any person, partnership, corporation or the members of such partnership
or the officers of such corporation who or which being the owner or
agent of the owner of any lot, tract or parcel of land shall lay out,
construct, open and/or dedicate any street, sanitary sewer, storm
sewer, water main, or other improvement for public use, travel or
other purposes or for the common use of occupants of buildings abutting
thereon; or who sells, transfers or agrees or enters into an agreement
to sell any land in a subdivision or land development, whether by
reference to or by use of a plan of such subdivision or land development
or otherwise; or who erects any building thereon, unless and until
a final plan has been prepared in full compliance with the provisions
of this chapter and has been recorded as provided herein; or who in
any other way be in violation of any of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Borough as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the Borough may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation unless the District
Justice determines that there was a good faith basis for the person,
partnership or corporation violating the Ordinance to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of determination of a violation of the District Justice,
and thereafter each day that a violation continues shall constitute
a separate violation.
2.
In addition to other remedies, the Borough may institute and maintain
appropriate actions at law or in equity to restrain, correct or abate
violations of this chapter, to prevent unlawful construction, to recover
damages and/or to prevent illegal occupancy of a building, structure
or premises.
3.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
4.
The Borough may further refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. The authority to deny such permit or
approval shall apply to any of the following applicants:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of the violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D.
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual constructive knowledge
of the violation.
5.
As an additional condition for the issuance of a permit or the granting
of an approval to any such owner, current owner, vendee, or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real estate.
[Ord. 287, 3/28/2016]
All appeals from decisions of Council in the administration
of this chapter shall be made in accordance with the provisions of
the Municipalities Planning Code.
[Ord. 287, 3/28/2016]
In the interpretation and application of the provisions of this
chapter, said provisions shall be deemed to be the minimum requirements
necessary for the promotion and protection of the public health, safety
and welfare. Where the provisions of this chapter and all standards
and specifications implementing it impose greater restrictions upon
subdivision or land development than those of any other Borough Ordinance
or any regulation or any applicable land development agreement, the
provisions of this chapter and its standards and specifications shall
be controlling. Where the provisions of any statute, regulation, other
Borough Ordinance or applicable land development agreement impose
greater restrictions upon subdivision or land development than this
chapter, the provisions of such statute, regulation, other ordinance,
or applicable land development agreement shall be controlling.
[Ord. 287, 3/28/2016]
1.
With the exception of § 714A and B, the provisions of this
chapter shall apply to and control all subdivisions and/or land developments
whose plans have not been recorded in the Office of the Recorder of
Deeds prior to the effective date of these regulations.
A.
The provisions of this chapter shall not adversely affect an application
for approval of a preliminary or final plan which was duly filed with
the Lancaster County Planning Commission with a copy thereof submitted
to the Borough, and is pending action at the time of the effective
date of this chapter, and in which case the applicant shall be entitled
to a decision in accordance with the provisions of the governing ordinances
or plans as they stood at the time the application had been duly filed.
When a preliminary plan has been duly approved, the applicant shall
be entitled to final plan approval in accordance with the terms of
the approved preliminary plan. However, if an application is properly
and finally denied, any subsequent application shall be subject to
the provisions of this chapter.
B.
If an applicant has received approval of a preliminary or final plan
prior to the effective date of this chapter, no provision of this
chapter shall be applied to adversely affect the right of the applicant
to commence and complete any aspect of the approved development in
accordance with the terms of such approval within five years from
the date of such approval. When approval of the final plan has been
preceded by approval of a preliminary plan, the five-year period shall
be counted from the date of preliminary plan approval. If there is
any doubt as to the terms of approval, the terms shall be construed
in light of the provisions of the governing ordinances or plans as
they stood at the time when the application for such approval was
duly filed.
[Ord. 287, 3/28/2016]
Nothing in this chapter shall be construed to affect any suit
or proceeding pending in any court, or any rights or liability incurred,
or any permit issued, or any approval granted, or any cause or causes
of action existing prior to the enactment of this chapter.
[Ord. 287, 3/28/2016]
The provisions of this chapter are severable, and if any section,
sentence, clause, part, or provision hereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts, or provisions of this chapter.
It is hereby declared to be the intent of Council that this chapter
would have been enacted if such illegal, invalid or unconstitutional
section, sentence, clause, part, or provision had not been included
herein.
[Ord. 287, 3/28/2016]
This chapter shall take effect and be in force five days after
its enactment by the Council of the Borough of Mountville, as provided
by law.
