A.
Hereafter, all plans for the subdivision or development of land within
the corporate limits of the Borough shall be reviewed by the Borough
Planning Commission and other Borough, State or County officials as
deemed necessary and shall be approved or disapproved by the Borough
Council in accordance with procedures specified in these regulations.
B.
The provisions and requirements of these regulations shall apply to and control all land subdivisions which have not been recorded in the Office of the Recorder of Deeds in and for Montgomery County, Commonwealth of Pennsylvania, prior to the effective date of these regulations; provided, however, that any change in a recorded plan, except as noted in § 370-13, shall constitute a resubdivision and shall make said plans subject to any and all of these regulations. Any approval not processed as required hereafter shall be null and void unless it was made prior to the adoption of this chapter. All meetings held between the Borough Planning Commission and/or the Borough Council with subdivision or land development applicants shall be open to the public.
A.
Prior to the preparation of any plans, it is suggested that prospective
developers consult with the Pennsylvania Department of Conservation
and Natural Resources concerning soil suitability when on-site sewage
disposal facilities are proposed.
B.
Prospective developers shall consult the County Conservation District
representative concerning erosion and sediment control and the effect
of geologic conditions on the proposed development. At the same time
a determination should be made as to whether or not any flood hazards
either exist or will be created as a result of the subdivision or
development.
[Added 5-13-1981 by Ord.
No. 81-5]
[Amended 6-12-1995 by Ord. No. 95-4]
A.
Plan to be filed with Borough. Copies of the sketch plan for all
proposed subdivisions and all required supporting data shall be submitted
to the Borough Secretary by the subdivider or his representative authorized
in writing to submit the plan.
B.
Number of copies. Five legible black-line or blue-line paper prints of the sketch plan shall be required. Plans shall fully comply with the requirement of § 370-19.
C.
Distribution of sketch plan. The Borough Secretary (or his representative)
shall refer to the sketch plan to the following:
A.
A sketch plan shall be considered as a submission for informal discussion
between the subdivider or land developer and the Borough Planning
Commission. Submission of a sketch plan shall not constitute official
submission of a plan to the Borough.
[Amended 6-12-1995 by Ord. No. 95-4]
A.
Plan to be filed with Borough. Copies of the preliminary plan and
all required supporting data shall be officially submitted to the
Borough Secretary by the subdivider or his representative authorized
in writing to submit the plan. The official date of submission shall
be the second Wednesday of the month. Plans submitted after the second
Wednesday of the current month will be dated as official submission
as of the second Wednesday of the subsequent month.
B.
Official submission of preliminary plan shall comprise.
(1)
Three completed copies of the application for review of preliminary
subdivision plan.
(2)
Twelve legible black-line or blue-line paper prints of the preliminary plan which shall fully comply with the requirements of § 370-20 of these regulations. Thirteen copies required if state road abuts or traverses subdivision.
(3)
Three copies of all other required information.
C.
Filing fee. The Borough Secretary (or his representative) shall collect
a filing fee as established by the Borough Council for all subdivisions
and land developments. Fees shall be charged in order to cover the
costs of examining plans and other expenses incidental to the approval
of subdivisions and land developments. The subdivider shall pay the
fee at the time of application for approval of a preliminary plan.
Any additional costs for engineering, legal review and geological
engineering tests and reports shall be borne by the applicant.
D.
Distribution of preliminary plan. The Borough Secretary (or his representative)
shall refer the preliminary plan after all required fees have been
collected to the following:
(1)
One copy to the Borough Planning Commission including one copy of
the application form and other required reports.
(2)
Three copies of the plan to the County Planning Commission and one
copy of all required supporting documents.
(3)
Two copies to the Borough Council, including one copy of the application
form and other required reports.
(4)
One copy to the Borough Engineer.
(5)
One copy to the Borough Code Enforcement Officer.
(6)
One copy to the Green Lane-Marlborough Joint Authority.
(7)
One copy to the Pennsylvania Department of Conservation and Natural
Resources - Water Quality.
(8)
Two copies to the Pennsylvania Department of Transportation if the
tract abuts state route(s).
[Amended 1-14-1980 by Ord. No. 80-3; 6-12-1995 by Ord. No. 95-4]
A.
Review by the Borough Engineer. The Borough Engineer shall review
the preliminary plan to determine its conformance to this chapter.
The Borough Engineer may recommend changes, alterations or modifications
as he may deem necessary. The report of the Borough Engineer shall
be in writing and shall be submitted to the Borough Planning Commission
prior to the regularly scheduled or special meeting at which the preliminary
plan is to be considered by the Borough Planning Commission. The report
shall include an estimate of the cost of construction of all improvements
as required by this chapter.
B.
Review by the Borough Zoning Officer. The Borough Code Enforcement Officer shall review the preliminary plan to determine its conformance to Chapter 415, Zoning, of the Code of the Borough of Green Lane. The Code Enforcement Officer shall check all zoning data as required to be shown under § 370-20 to determine if information shown is in accordance with latest amendments to Chapter 415, Zoning. The report from the Borough Code Enforcement Officer as to the accuracy of the information shown shall be submitted to the Borough Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Planning Commission.
C.
Review by the Pennsylvania Department of Transportation. If a proposed
subdivision abuts or is traversed by a state road, the Borough Secretary
shall require two additional copies of the preliminary plan and shall
transmit these to the district office of the Pennsylvania Department
of Transportation for its review and comments.
D.
Review by the Borough Planning Commission.
(1)
When a preliminary plan has been officially submitted, such plan
shall be reviewed by the Borough Planning Commission at its next regularly
scheduled meeting, or in the discretion of the Planning Commission,
at a special meeting.
(2)
No official action shall be taken by the Borough Planning Commission
with respect to a preliminary plan until the Borough has received
the written report of the County Planning Commission and the Pennsylvania
Department of Transportation, if applicable; provided, however, that
if these reports are not received within 30 days of transmittal to
these agencies, then the Borough Planning Commission may officially
act without having received and considered such report. In any event,
the Borough Planning Commission shall take official action no later
than one week after the expiration of the aforesaid thirty-day period.
(3)
During review of the preliminary plan, the Borough Planning Commission
shall consider the written reports of the Borough Engineer and the
Borough Code Enforcement Officer, Green Lane-Marlborough Joint Authority,
Pennsylvania Department of Transportation and the Pennsylvania Department
of Conservation and Natural Resources - Water Quality as applicable.
(4)
If review by the Borough Planning Commission is favorable, or unfavorable
because the requirements of this chapter have not been met, or Borough
Planning Commission deems changes or modifications of the plan submitted
are advisable or necessary, such decision and the reasons therefore
shall be given in written form by the Secretary of the Borough Planning
Commission within two weeks after the meeting at which the preliminary
plan is reviewed to the following:
(a)
The Borough Council.
(b)
The County Planning Commission.
(c)
The subdivider or his agent.
(d)
The Borough Engineer.
(e)
The Green Lane-Marlborough Joint Authority.
(f)
In addition, the Borough Planning Commission shall forward to
the Borough Council copies of all reports received from County Planning
Commission, Department of Transportation, Borough Code Enforcement
Officer, Borough Engineer, Green Lane-Marlborough Joint Authority
and the Pennsylvania Department of Conservation and Natural Resources
- Water Quality.
E.
Review by the Borough Council.
(1)
When a preliminary plan has been officially referred to the Borough
Council by the Borough Planning Commission together with its recommendation,
such plan shall be reviewed at the next regularly scheduled meeting
or, at the discretion of Borough Council, at a special meeting, which
may be held prior thereto.
(2)
The Borough Council shall review the preliminary plan and the written
reports and recommendations thereon of the Borough Planning Commission,
the County Planning Commission (if same has been received), the Borough
Engineer and by any other officials and official boards of the Borough
to determine the preliminary plan conformance to the standards contained
in these regulations. The Borough Council may require or recommend
such changes and modifications as they shall deem necessary or advisable
in the public interest.
(3)
The action of the Borough Council either approving or disapproving the preliminary plan shall be noted with the date of such action and the signature of the President on two sets of plans. The findings and reasons upon which the action is based and citing provisions of the statute or ordinance relied upon shall also be stated in the minutes and in writing. Subject to the requirements of Subsection B, within five days after the meeting at which the preliminary plan is reviewed, the Secretary of the Borough shall send written notice of the findings, action taken and reasons thereof to the following:
(4)
In any event, the Borough Council shall render their decision and
communicate it to the applicant no later than 90 days after such application
is filed. Failure of the Borough Council to render a decision and
communicate it to the applicant within the time and in the manner
required shall be deemed an approval unless the applicant has agreed,
in writing, to an extension of time.
(5)
Approval of preliminary plan shall not constitute acceptance of a
subdivision for recording. Approval is only an expression of approval
of a general plan to be used in preparing the final subdivision plan
for final approval and recording upon fulfillment of all requirement
of these regulations.
(6)
When a preliminary plan has been approved, or approved subject to
conditions acceptable to the applicant, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied to affect adversely the right of the applicant to commence
and to complete any aspect of the approved development in accordance
with the terms of such approval within three years from such approval.
[Amended 6-12-1995 by Ord. No. 95-4]
A.
Within 12 months of Borough Council's approval of the preliminary
plan, a final plan shall be officially submitted to the Borough. However
an extension of time may be granted by the Borough Council upon written
request. Final plans submitted after this expiration of time for which
no time extension has been granted may be considered as a new preliminary
plan.
B.
The final plan shall conform in all important respects to the preliminary
plan as previously reviewed by the Borough Planning Commission and
the Borough Council and shall incorporate all modifications required
by the Borough in its review of the preliminary plan.
C.
The Borough may permit submission of the final plan in sections,
and covering a reasonable portion of the entire proposed subdivision
as shown on the reviewed preliminary plan.
(1)
Plans to be filed with the Borough. Copies of the final plan and
all required supporting data shall be officially submitted to the
Borough Secretary by the subdivider or his representative authorized
in writing to submit the plan.
(2)
Official submission of final plan shall comprise:
(a)
Three completed copies of the application for review of final
subdivision plan.
(b)
Eleven legible black-line or blue-line paper prints and one print on linen cloth of the final plan which shall fully comply with § 370-21 of these regulations.
(c)
Two copies of all other required information including the following,
if applicable:
[1]
All offers of dedication and covenants governing the reservation
and maintenance of the undedicated open space which shall bear the
certificate of approval of the Borough Solicitor as to their legal
sufficiency.
[2]
Such private deed restrictions, including building reserve lines,
as may be imposed upon the property as a condition of sale together
with a statement of any restrictions previously imposed which may
affect the title to the land being subdivided.
[3]
Whenever a subdivider proposes to establish a street, the Borough
Planning Commission or Borough Council may require the subdivider
to submit, and also to record with the plan, a copy of an agreement
made with the Borough on behalf of his heirs, successors and assigns
and approved by the Borough Solicitor and which shall establish the
conditions under which the street may later be offered for dedication
and shall stipulate, among other things, the following:
[a]
The street shall conform to Borough specifications
or that the owners of the abutting lots shall include with the offer
of dedication sufficient money, estimated by the Borough Engineer,
to restore the street to conformance with the Borough specifications.
[b]
An offer to dedicate the street shall be made only
for the street as a whole.
[c]
The method of assessing repair costs must be stipulated.
[d]
Agreement by the owners of 60% of the front footage
thereon shall be binding on the owners of the remaining lots.
(3)
Fees.
(a)
Filing fees. The subdivider shall pay any additional fees, if required. There shall be no refund or credit of any portion of the fee should the subdivider fail to apply for final approval within the required period of time or if the final plan covers only a section of the subdivision for which preliminary approval has been obtained. (Additional costs: See § 370-7C.)
(b)
Review fees.
[1]
Review fees shall include the reasonable and necessary charges
by the Borough's professional consultants or engineer for review and
report to the Borough, and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Borough Engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the engineer or consultant to the Borough when fees
are not reimbursed or otherwise imposed on applicants.
[2]
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Borough that such fees are disputed, in which case the Borough
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
[3]
In the event that the Borough and the applicant cannot agree
on the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional
engineer licensed as such in this Commonwealth and 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.
[Amended 5-13-1981 by Ord. No. 81-5; 6-12-1995 by Ord. No. 95-4]
A.
Review by the Borough Engineer. The final plan shall be reviewed and a written report submitted as required under § 370-8A for preliminary plans.
B.
Review by the Borough Enforcement Officer. The final plan shall be reviewed and a written report submitted by the Borough Code Enforcement Officer as required under § 370-8A for preliminary plans.
C.
Review by the Borough Planning Commission. The final plan shall be reviewed in accordance with the procedure required under § 370-8D of these regulations for preliminary plans. In addition:
(1)
If all the requirements of this chapter are met and the review is
favorable, the Planning Commission shall authorize its Chairman, with
the secretary so attesting to endorse the linen copy (record plan)
"reviewed and approved by the Borough Planning Commission," together
with the date of such action.
(2)
The record plan with the Borough Planning Commission's endorsement,
shall be forwarded to the Borough Council.
D.
Review by the Borough Council. The final plan shall be reviewed in accordance with the procedures as required under § 370-8E of these regulations for preliminary plans. In addition:
(1)
Before acting on a final plan, the Borough Council shall arrange for a public hearing. The public hearing may be held by Borough Council after the final plan has been submitted to the Borough and before the review required by § 370-10A, B and C. If a public hearing has been held upon a preliminary plan, no public hearing is required unless the final plan departs substantially from preliminary plan.
(2)
If the Borough Council approves the final plan, the linen copy shall
be signed by the Council President and the Secretary, together with
the date of action.
(3)
A performance or a certificate of satisfactory installation, as required under § 370-12 shall be required before plans are approved and released for recording.
(4)
The grant of a permit or approval of plan for any proposed subdivision
and/or land development to be located within any designated floodplain
district shall not constitute a representation, guarantee or warranty
of any kind by the Borough or by any official or employee thereof
the practicability or safety of the propose use, and shall create
no liability upon the Borough, its officials or employees.
A.
After approval by Borough Council and the Borough Planning Commission,
and with all endorsements indicated on linen copy, the subdivider
shall record his plan. No subdivision plan may be legally recorded
unless it bears the Borough approval and seal, and an indication that
County review has taken place.
B.
After the final plan has been approved by the appropriate Borough
authorities, the County Planning Commission shall receive one reproducible
copy of the final plan, as approved, for their permanent files and
two blue-line prints.
C.
The subdivider shall file the record plan with the County Recorder
of Deeds within 90 days of the date of final approval by the Borough
Council. The Recorder's certificate that the approved plan has been
recorded with deed book and page numbers indicated shall be submitted
to the Borough. If the subdivider fails to record within such period,
the action of the Borough Council and Borough Planning Commission
shall be null and void unless an extension of time is granted in writing
by the Borough Council after written request to do so by the subdivider.
[Amended 6-12-1995 by Ord. No. 95-4]
A.
No plat shall be finally approved unless the streets on such plat
have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, 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 plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Borough financial security in an amount sufficient to cover
the costs of such improvements or common amenities including basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
B.
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 plat contingent upon
the developer obtaining a satisfactory financial security. The final
plat or record 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 Borough Council; such extension shall
not be unreasonably withheld and shall be placed in writing at the
request of the developer.
C.
Without limitation as to other types of financial security which
the Borough 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 within
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 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.
G.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant or 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 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 professional engineer licensed
as such in this Commonwealth and 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.
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 Council may authorize submission of final plats by sections
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 Council
to release or authorize the release, from time to time, of 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 plat. 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 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 final 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 plat 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 a condition for the final approval of
a plat 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 upon the final plat upon actual completion
of the improvements depicted upon the approved final plat. 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 roads 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 plat, 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.
[Amended 6-12-1995 by Ord. No. 95-4]
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer 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 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 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 or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
B.
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 the action of said Borough Council with relation thereto.
C.
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 developer shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
D.
If any portion of the said improvements shall not be approved or
shall be rejected by the Borough Council, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
E.
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.
F.
Where herein reference is made to the Borough Engineer, he shall
be as a consultant thereto.
G.
The applicant or developer shall reimburse the Borough for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Borough
Council and as from time to time amended. 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 engineer or consultant to the Borough
when fees are not reimbursed or otherwise imposed on applicants.
(1)
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.
(2)
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 the Borough shall jointly, by
mutual agreement, appoint another professional engineer licensed as
such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(3)
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.
(4)
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 the
Borough is located (or if at the time there be 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.
(5)
The fee of the appointed professional 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 one $1,000 or more, the Borough
shall pay the fee of the professional engineer, but otherwise the
Borough and the applicant shall each pay 1/2 of the fee of the appointed
professional engineer.
[Added 6-12-1995 by Ord.
No. 95-4]
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 plat the Borough Council is hereby granted the power
to enforce any corporate bond, or other security by appropriate legal
and equitable remedies. If the 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
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 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.
[Amended 6-12-1995 by Ord. No. 95-4]
All streets, parks or other improvements shown on the subdivision
plan, recorded or otherwise, shall be offered for dedication but shall
be deemed to be private until such time as the same has been offered
for dedication to the Borough and accepted by resolution of Borough
Council.
In the case of a proposed subdivision where the intent of the subdivider so expressed in writing will create two and only two parcels, lots or tracts of land of the original tract, and fronting on an existing, improved state or municipal road, or street, the Planning Commission may required the subdivider to prepare a sketch plan for record, showing the simple subdivision accompanied by the required data set forth in § 370-19. Further subdivision from a tract recorded under this section will require a review of plans in accordance with the provisions of these regulations. Borough Council may require the subdivider or land developer to comply with requirements of §§ 370-27, 370-28 and 370-31.
In case a sketch plan or a preliminary plan as submitted contains
all of the data and information required under these regulations for
a final plan and meets all of the requirements for a final plan the
Planning Commission may review and consider such sketch plan or preliminary
plan as a final plan and approve the same as a final plan.
