Whenever any subdivision of land or land development is proposed
to be made, and before any contract for the sale of, or any offer
to sell any lots in such subdivision or any part thereof is made,
and before any permit for the erection of a structure in such proposed
subdivision or land development shall be granted, the developer shall
apply in writing for approval of such proposed subdivision or land
development in accordance with the requirements of this article.
The specifications and plan requirements for subdivision and
land development plan applications shall be determined by the plan
classification, as follows:
A. Major subdivision plans and major land development plans shall be
a subdivision plan of more than five residential lots or dwelling
units or land development plan of 20,000 square feet or more of building
coverage or parking lot expansion that involves the construction,
installation or extension of new public improvements, including but
not limited to streets, sewer and/or water lines, and stormwater management
facilities, regardless of intended ownership of those facilities.
These plans shall be prepared in accordance with the table below.
B. Minor subdivision plans and minor land development plans shall be
a subdivision of five or fewer residential lots or dwelling units
or land development plan of 5,000 square feet or more and less than
20,000 square feet of building coverage or parking lot expansion that
does not involve the construction, installation or extension of new
public improvements, including but not limited to streets, sewer and/or
water lines, and stormwater management facilities, regardless of intended
ownership of those facilities. These plans shall be prepared in accordance
with the table below.
Plan Classification Approval Stage
|
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|
|
Type of Submission
|
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Plan
|
Section(s)
|
All Minor Plans
|
All Major Plans
|
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Sketch
|
|
Encouraged
|
Encouraged
|
Major preliminary
|
|
N/A
|
Required
|
Major final
|
|
N/A
|
Required
|
Minor final
|
|
Required
|
N/A
|
Before the Borough Council grants final approval of a major
or minor final subdivision or major or minor final land development
plan, the applicant shall demonstrate compliance with the following
requirements and procedures, as may be applicable to a specific plan
submission:
A. No plan shall be finally approved unless the streets shown on the plan are improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter and any walkways, curbs, gutters, street lights, fire hydrants, required landscaping, water mains, sanitary sewers, storm sewers, and other improvements as may be required by this chapter have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plan, including improvements or fees required pursuant to §
186-21I below, the applicant shall provide for the deposit with the municipality financial security in an amount sufficient to cover the costs of such improvements of common amenities including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required. The applicant shall not be required to provide financial security for the costs of any improvement for which financial security is required by and provided to the Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law."
B. When requested by the developer, in order to facilitate financing,
the Borough Council shall furnish the applicant with a signed copy
of a resolution indicating approval of the final plan contingent upon
the developer obtaining a satisfactory financial security. The final
plan shall not be signed nor recorded until the financial improvements
agreement is executed. The resolution or letter of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days unless a written extension
is granted by the governing body. Such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the applicant.
C. Without limitation as to other types of financial security which
the Borough Council may approve, which approval shall not be unreasonably
withheld, federal or commonwealth chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
D. Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business in the
commonwealth.
E. Such bond or other security shall provide for, and secure to the
public, the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
F. The amount of 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 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Borough may require the applicant to post additional security
in order to assure that the financial security equals 110%. Any additional
security shall be posted by the applicant in accordance with this
subsection.
G. The amount of financial security required shall be based on an estimate
of the cost of completion of the required improvements, submitted
by the applicant and prepared by a professional engineer licensed
as such in the commonwealth and certified by such engineer to be a
fair and reasonable estimate of such cost. The Borough, upon recommendation
of the Borough Engineer, may refuse to accept such estimate for good
cause shown. If the applicant 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 the commonwealth
and chosen mutually by the municipality 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 chosen, fees for services of said engineer shall be paid equally
by the Borough and the applicant.
H. 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 financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from 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 preceding one-year
period by using the above bidding procedure.
I. In the case where development is projected over a period of years,
the Borough may authorize submission of final plans by section or
stages of development subject to such requirements or guarantees as
to improvements in future sections or stages of development as it
finds essential for the protection of any finally approved section
of the development.
J. 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 payment to the contractor or contractors
performing the work. Any such requests shall be in writing addressed
to the Borough Council, and the Borough Council shall have 45 days
from receipt of such request 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 plan. Upon such certification, the Borough Council shall
authorize release by the bonding company or lending institution of
an amount as estimated by the Municipal Engineer fairly representing
the value of the improvements completed or, if the Borough Council
fails to act within said forty-five-day period, the Borough Council
shall be deemed to have approved the release of funds as requested.
The Borough Council may, prior to release at the time of completion
and certification by its engineer, require retention of 10% of the
estimated cost of the aforesaid improvements.
K. Where the Borough Council accepts dedication of all or some of the
required improvements following completion, the Borough Council 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 not to exceed 18 months from the date of acceptance
of dedication. Said financial security shall be of the same type as
otherwise required in this section with regard to installation of
such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
L. If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Borough, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
M. If financial security has been provided in lieu of the completion
of improvements required as condition for the final approval of a
plan as set forth in this section, the Borough shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted on the final plan upon actual completion
of the improvements depicted upon the final plan. Moreover, if said
financial security has been provided, occupancy permits for any building
or buildings to be erected shall not be withheld following the improvement
of the streets providing access to and from existing public road to
such building or buildings to a mud-free or otherwise permanently
passable condition, as well as the completion of all other improvements
as depicted upon the approved plan, either upon the lot or lots or
beyond the lot or lots in question if such improvements are necessary
for the reasonable use of or occupancy of the building or buildings.
Any ordinance or statute inconsistent herewith is hereby expressly
repealed.
N. Release from improvement bond. When the applicant has completed all
of the necessary and appropriate improvements, the following conditions
and procedures shall be followed:
(1) The applicant shall notify the Borough Council, in writing, by certified
or registered mail, of the completion of the aforesaid improvements
and shall send a copy thereof to the Borough Engineer. The Borough
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 the Borough Council, and shall promptly mail a copy
of the same to the applicant 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 the Borough 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 of shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
(2) The Borough Council shall notify the developer within 15 days of
the Borough Engineer's report, in writing by certified or registered
mail, of the action of said Borough Council with relation thereto.
(3) If the Borough Council or the Borough Engineer fails to comply with
the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the applicant shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
(4) In any portion of the said improvements shall not be approved or
shall be rejected by the Borough Council, the applicant 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 the Borough Council or the Borough Engineer.
(6) Where herein reference is made to the Borough Engineer, he shall
be a duly registered professional engineer employed by the Borough
or engaged as a consultant thereto.
(7) The applicant shall reimburse the Borough for the reasonable and
necessary expense incurred for the inspection of improvements. Such
reimbursement shall be based upon a schedule established by resolution.
Such expense shall be reasonable and in accordance with the ordinary
and customary fees charged by the Borough Engineer or consultant for
work performed for similar services in the community, but in no event
shall the fees exceed the rate or cost charged by the Borough Engineer
or consultant to the municipalities when fees are not reimbursed or
otherwise imposed on applicants.
(a)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Borough
that such expenses are disputed as unreasonable or unnecessary, in
which case the Borough shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's request over disputed engineer
expenses.
(b)
If, within 20 days from the date of billing, the Borough and
the applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and Borough shall jointly, by mutual
agreement, appoint another professional engineer licensed as such
in the commonwealth to review the said expenses and make a determination
as to the amount thereof which is reasonable and necessary.
(c)
The professional engineer so appointed shall hear such evidence
and review such documentation as the professional engineer in his
or her sole opinion deems necessary and render a decision within 50
days of the billing date. The applicant shall be required to pay the
entire amount determined in the decision immediately.
(d)
In the event that the Borough and applicant cannot agree upon
the professional engineer to be appointed within 20 days of the billing
date, then, upon application of either party, the President Judge
of the Court of Common Pleas of the judicial district in which Abbottstown
Borough is located (or if at the time there is no President Judge,
then the senior active judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Borough Engineer nor any professional
engineer who has been retained by, or performed services for, the
Borough or the applicant within the preceding five years.
(e)
The fee for the appointed engineer for determining the reasonable
and necessary expenses shall be paid by the applicant if the amount
of payment required in the decision is equal to or greater than the
original bill. If the amount of payment required in the decision is
less than the original bill by $1,000 or more, the Borough shall pay
the fee of the professional engineer, but otherwise the municipality
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
O. Remedies to effect completion of improvements. In the event that
any improvements which may be required have not been installed as
provided in this chapter or in accord with the approved final plan,
the Borough Council is hereby granted the power to enforce any corporate
bond or other security by appropriate legal and equitable remedies.
If proceeds of such bond, or other security, are insufficient to pay
the cost of installing or making repairs or corrections to all the
improvements covered by said security, the Borough Council may, at
its option, install part of such improvements in all or part of the
subdivision or land development and may institute other legal or equitable
action to recover the moneys necessary to complete the remainder of
the improvements. All of the proceeds, whether resulting from the
security or from any legal or equitable action brought against the
applicant, or both, shall be used solely for the installation of the
improvements covered by such security, and not for any other Borough
use.