Every application for a subdivision and land development shall
be subject to the provisions of this chapter and the Pennsylvania
Municipalities Planning Code. The final approval of any plat, whether by action of the
Borough Council of the Borough of Trappe, or by deemed approval under
Section 508 of the Pennsylvania Municipalities Planning Code or otherwise, shall be subject to a development agreement
being duly executed by the developer, owner and Borough Council, or
otherwise, approved by a court of competent jurisdiction, and duly
recorded of record. The fully executed or otherwise approved development
agreement must be recorded of record, in the Recorder of Deeds Office
in and for Montgomery County, Pennsylvania, prior to any development
or permits being granted. The development agreement shall incorporate
all the terms and conditions upon approval of the plat, including
but not limited to the public improvements, standard of design, site
and development plans, requirements concerning impounding basins,
surface water and drainage, erosion, and stormwater management, street
signs, barricades, landscaping, fencing, parking, capital cost contributions,
indemnification, certification of insurance, compliance with rules
and regulations of the Borough of Trappe and its ordinances, security
for public improvements, maintenance bond, deed of dedication, construction
and maintenance of streets, necessary covenants running with the land
or easements, certification of title, waste material, assignment,
inspection, time of performance, building permits, liability of the
Borough of Trappe, remedies, payment of all costs, expenses and fees.
All sewers (capped and operative), water, gas, electric, telephone
and other pipes and conduits, and all service connections or laterals
shall be laid to the full width of the ultimate right-of-way, where
the need thereof can be reasonably anticipated, before streets are
paved. The arrangements for said service connections or laterals shall
be the responsibility of the subdivider, developer or builder.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including, but not limited to, road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or land development of the site. The Borough Solicitor shall render final judgment in any instance where a dispute arises as to the direct casual relationship for the improvement(s). The subdivider or developer may be required to cover costs which must be incurred by the Borough or other governmental jurisdiction in order to make these improvements feasible. (For example, but not limited to, right-of-way acquisition.) The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those herein prescribed for §
295-39.