A.
Borough
Council shall prescribe and make available to applicants a form upon
which all applications for approval of subdivision and land development
plans shall be made (see Appendix C).[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
B.
Subdivision
and land development application fees shall be fixed by the Borough
Council by resolution. In addition to such fees, all disbursements
by the Borough incident to plan review, approval and inspection of
construction, including but not necessarily limited to engineering
fees, inspection fees, costs of material or site testing and any maintenance
costs prior to acceptance of improvements by the Borough, shall be
reimbursed to the Borough by the applicant on the basis of the Borough's
actual cost.
C.
All
such reimbursement for costs expended prior to the establishment of
the applicant's performance guaranty shall be made prior to the issuance
of any permits. All such reimbursements for costs expended during
construction shall be made out of escrow funds established as the
performance guaranty on a monthly basis.
D.
The
Zoning Officer shall determine the completeness of any application
in accordance with this chapter and shall note the date of filing
on the application.
A.
For purposes of procedure, all applications shall be classified as
either minor or major.
(1)
Minor. Any subdivision in which:
(a)
No street is to be constructed or widened;
(b)
No other public improvement, i.e., intended to be dedicated
to the Borough, is to be constructed; and
(c)
No land disturbance activities will take place except those
incidental to construction of a single-family dwelling on each lot,
and no more than three lots for single-family dwellings are created.
B.
Major applications shall be subject to all review procedures specified
in this chapter.
C.
Where an application qualifies as a minor subdivision under the terms
of this section, the applicant may, at his discretion, seek approval
according to the following procedures:
(1)
A preliminary plan, complying with the content requirements of § 97-43 of this chapter (i.e., in no greater detail than that which is suggested for a sketch plan), shall be submitted and reviewed in accordance with § 97-13 of this chapter that are otherwise applicable to sketch plans; the requirements and procedures of § 97-12 shall be waived, except that written comments on the plan shall be presented by the Planning Commission to the applicant within the time period specified in § 97-13B of this chapter.
D.
In the case of a minor plan as determined by this section, Borough
Council, at its sole discretion, may modify certain of the design
standards of this chapter that are otherwise applicable to plans submitted
for subdivision approval. In general, such modifications shall be
in relation to standards for streets and other public improvements
required for a major subdivision.
It is the intention of the Borough Council in enacting these
procedures to provide the applicant with a timely and comprehensive
review of plans submitted for subdivision and/or land development.
To this end, the following classifications of plans are established
as hereinafter provided:
A.
Submission.
(1)
All applicants for subdivision or land development are strongly encouraged
to submit a sketch plan to the Borough Planning Commission for review
prior to submission of a formal application. Submission of a sketch
plan is not mandatory, nor does it constitute a formal subdivision
or land development application.
(2)
Sufficient copies of the sketch plan may be submitted to the Department
of Building, Housing and Code Enforcement for distribution to the
Planning Commission and Borough Engineer prior to the Planning Commission
meeting at which the sketch plan is to be discussed.
(3)
The applicant is strongly urged to consult §§ 97-34, Conservation of natural features, and 97-35, Storm and surface drainage, prior to submission of the sketch plan, in order to ensure that the proposed subdivision or land development will be compliant with the requirements of those sections.
(4)
At the discretion of the Borough, the applicant may be advised to
consult with various agencies and consultants such as: the Chester
County Conservation District concerning soil erosion and sedimentation
control and the effect of geologic conditions on the proposed development;
Penn DOT concerning state roads; the Borough Engineer; the Borough
Traffic Engineer; the Borough Town Planner and Landscape Architect;
and/or various Borough boards and commissions regarding the most positive
effect of land development and the least adverse effect of land development,
such as the Sustainability Committee, the Public Art Committee, the
HARB, and the Tree Commission.
B.
Review.
(1)
The Planning Commission shall, at a regular meeting at which time
the applicant's attendance is encouraged, consider the suitability
of the sketch plan for the development of the land and its relationship
to the extension of streets and utilities, arrangement and density
of housing and compatibility of the plan with the Borough Comprehensive
Plan, and the conservation of natural features.
(2)
Based on this review, the Planning Commission shall submit its written
comments to the applicant; provided, however, that the failure of
the Planning Commission to submit comments in writing shall not be
deemed to be an approval of an application or to vest any rights in
the applicant.
(3)
The applicant may, but need not, request further review of the sketch
plan by Borough Council. If further review is requested, Borough Council
may consider the sketch plan, may consider the written or other comments
of the Planning Commission and may advise the applicant as to Borough
Council's comments with respect to the sketch plan; provided, however,
that Borough Council shall not be required to review the sketch plan
nor to submit comments to the applicant if Borough Council does review
the sketch plan.
(4)
Nothing herein contained, nor the failure of the Planning Commission
or Borough Council, or both, to proceed or act in accordance with
this subsection, shall be deemed to be a decision with respect to
any subdivision or land development plan or to vest any rights in
the applicant.
(5)
No formal time frame shall apply to the sketch plan review process.
A.
Submission.
(1)
All preliminary plans submitted pursuant to this chapter shall conform
to the requirements of this chapter and shall, in addition, conform
to such administrative regulations of Borough Council as may have
been adopted by Borough Council at any time or from time to time and
shall be in effect and applicable to the submission at the time such
submission is initiated.
(2)
Official submission of a preliminary plan to the Department of Building,
Housing and Code Enforcement shall consist of:
(a)
A sufficient number of copies of the application form (per Appendix
C[1]) for review of a preliminary subdivision or land development
plan on the form promulgated by the Borough for this purpose.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
(b)
A sufficient number of copies (as specified on the application
form) of the preliminary plan and all supporting plans and information
to enable proper distribution and review, as required by Borough Council.
(3)
Copies of the preliminary plan and all required supplemental data
initially shall be submitted to the Zoning Officer, together with
the required fees and escrow deposit established in accordance with
the terms of this chapter. The Zoning Officer shall note the date
of receipt of the application, fees and escrow deposit. The application
shall not be deemed to be submitted until a complete application and
the required fees and the required escrow deposit have all been submitted.
(4)
Upon acceptance of a complete application, together with all required
fees and escrow deposits, the Zoning Officer shall transmit the requisite
number of copies of the plans and other required materials to the
Borough Planning Commission and the Borough Engineer. In addition,
copies shall be transmitted to:
(a)
Chester County Planning Commission (one copy and referral letter).
(b)
Chester County Health Department (two copies and referral letter)
for review of matters relating to water management.
(c)
Chester County Conservation District (one copy), at the discretion
of the Borough where it deems such consultation advisable, for review
of matters relating to drainage and abatement of soil erosion. Any
costs for such review shall be paid by the applicant.
B.
Review.
(1)
Borough Planning Commission.
(a)
If the applicant wishes his plan to be discussed by the Planning
Commission at its next scheduled meeting, the applicant shall so notify
the Commission Chairperson, in writing, at least 10 days prior to
the meeting date and request to be placed on the agenda.
(b)
The applicant shall notify the owners of all lands directly
adjacent to the subject tract, by letter, of the meeting and its purpose,
as well as property owners within 500 feet along the frontage of the
lot, and within a 150-foot radius of the side and rear lot lines,
and to any persons who have made a timely request for notices.
(c)
The Borough Planning Commission shall review all plans referred
to it and shall consider any recommendations made by any county agency,
the Borough Engineer and any other persons or entity who shall have
submitted comments with respect to any such application.
(d)
After such review, the Chairperson of the Planning Commission
shall send written notice of the recommendation of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
chapter relied upon, to the following:
(2)
Borough Council.
(a)
When a preliminary plan has been officially submitted to the
Borough Council by the Planning Commission, such plan shall be placed
on its agenda for review and action.
(b)
In acting on the preliminary subdivision or land development plan, the Council shall review the plan and the written comments of the Planning Commission, Borough Engineer, County Planning Commission and all other reviewing agencies and comments from public hearings, if any, to determine conformity of the application to the standards of this and any other applicable chapter. The Council may specify conditions, changes, modifications or additions to the application which the Council deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications or additions, citing appropriate chapter provisions as prescribed in Subsection B(2)(d) below.
(c)
The Borough Planning Commission shall be the body that first
reviews any application. All applications for preliminary approval
of a plan shall be acted upon by the Borough Council and communicated
to the applicant within 90 days following the date of the regular
meeting of the Planning Commission next following the date the application
is filed, provided that should said next regular meeting of the Planning
Commission occur more than 30 days following the filing of the application,
said ninety-day period shall be measured from the 30th day following
the day the application is filed.
(d)
The decision of Borough Council shall be in writing and shall
be communicated to the applicant personally or mailed to the applicant
at his last known address not later than 15 days following the decision
or by the end of said ninety-day period, whichever shall occur first.
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the chapter relied upon.
(e)
Whenever the approval of a preliminary plan is subject to conditions, including but not limited to the issuance of any necessary highway permits from the Pennsylvania Department of Transportation, the written action of Borough Council as prescribed herein shall specify each condition of approval, supported by a statement of a reason for the condition, including a citation to the provision involved where the condition is based on an chapter, statute or regulation and require the applicant's written agreement to the conditions. Where the applicant's written concurrence is not received within the time allotted to the Council for making and communicating its decision, as stipulated in § 97-13B(1)(a) above, Council shall be deemed to have denied approval.
C.
Extension of approved preliminary plan. If an applicant submits a
written request to Borough Council to extend the five-year time period
referenced in Section 508(4) of the Pennsylvania Municipalities Planning
Code,[2] it shall notify in writing; (i) the owners of all property
directly adjacent to the subject tract; (ii) owners of all property
within 500 feet along the frontage of the subject tract; (iii) owners
of all property within a 150-foot radius of the side and rear lot
lines of their subject tract; and (iv) to any persons who have made
a timely request for notices no less than seven days and no more than
14 days prior to the scheduled meeting when Borough Council shall
consider the request to extend the approved preliminary plan.
[2]
Editor's Note: See 53 P.S. § 10508(4).
A.
Submission.
(1)
The final plan shall conform to the terms of approval of the preliminary
plan and to the most recent administrative regulations adopted by
Borough Council.
(2)
Council may permit submission of the final plan in sections.
(3)
Official submission of a final plan to the Zoning Officer shall consist
of:
(a)
Seven copies of the application for review of a final subdivision
or land development plan on the form promulgated by the Borough for
this purpose.
(b)
Seven copies of the final plan and all supporting plans and
information to enable proper distribution and review, as required
by Council.
(c)
A copy of the approved conditions of preliminary plan approval.
(d)
Payment of application fees and deposit of escrow for plan review
cost.
(4)
Copies of the final plan and all required supplemental data initially
shall be submitted to the Zoning Officer, together with the required
fees and escrow deposit established in accordance with the terms of
this chapter. The Zoning Officer shall note the date of receipt of
the application, fees and escrow deposit. The application shall not
be deemed to be submitted until a complete application and the required
fees and the required escrow deposit all have been submitted.
(5)
Upon acceptance of a complete application, together with all required
fees and escrow deposits, the Zoning Officer shall transmit the requisite
number of copies of the plans and other required materials to the
Borough Planning Commission and the Borough Engineer. In addition,
copies shall be transmitted to such additional persons or agencies
as the Borough shall determine.
B.
Review.
(1)
Borough Planning Commission.
(a)
The Planning Commission shall review the final plan submitted
and shall consider all recommendations of the Borough Engineer and
any other reviewing agency submitting comments.
(b)
The applicant shall notify the owners of all lands directly
adjacent to the subject tract, by letter, of the meeting and its purpose,
as well as property owners within 500 feet along the frontage of the
lot, and within a 150-foot radius of the side and rear lot lines,
and to any persons who have made a timely request for notices.
(c)
After such review, the Chairperson of the Planning Commission
shall send written notice of the recommendation of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
chapters relied upon, to Borough Council, the applicant and the governing
body of any adjacent municipality if the proposed project includes
land in that municipality or directly abuts its boundaries.
(2)
Borough Council.
(a)
When a written report on a final plan has been officially forwarded
to Borough Council by the Planning Commission, such plan shall be
placed on the agenda of Borough Council for review.
(b)
Upon receipt of the Planning Commission's recommendation and
other supporting information, Council shall, at one or more regular
or special public meetings, review the final plan and shall, within
the time limitations set forth hereinbelow, either approve or disapprove
the plan. Notwithstanding the foregoing procedure, Council shall render
a decision on all final plans and communicate it to the applicant
not later than 90 days following the date of the regular meeting of
the Planning Commission next following the date the application is
filed, provided that should said next regular meeting occur more than
30 days following the filing of the application, said ninety-day period
shall be measured from the 30th day following the day the application
has been filed.
(c)
The decision of Council shall be in writing and shall be communicated
to the applicant personally or mailed to him at this last known address
not later than 15 days following the decision or by the end of said
ninety-day period, whichever shall occur first.
(d)
Copies of the final plan as finally approved, with the appropriate
endorsement of Borough Council and the Borough Engineer, shall be
distributed as follows:
[1]
At least seven copies, two of which shall be recorded.
[2]
One copy to the Borough Manager.
[3]
Two copies to the Borough Zoning Officer.
[4]
One copy to the Borough Engineer.
[5]
One copy to the County Planning Commission.
[6]
One copy to the County Health Department.
[7]
Two copies, one of which to be retained in the Borough files,
together with one copy of all supporting materials.
(3)
Every final plan approval shall be subject to these further conditions:
(a)
The applicant shall execute a subdivision and land development agreement in accordance with § 97-15.
(c)
The applicant shall, if requested, tender a deed of dedication
to the Borough for such streets, any and all easements for sanitary
sewers, waterlines or storm sewers and improvements thereto, including
street paving, sidewalks, shade trees, water mains, fire hydrants,
sanitary and storm sewers, manholes, inlets, pumping stations and
other appurtenances as shall be constructed as public improvements
and are required for the promotion of public welfare. After all streets,
sidewalks, sewers and the like are completed, such completion will
be certified satisfactory by the Borough Engineer. The Council shall
require that the applicant supply a title insurance certificate from
a reputable company before any property is accepted for the Borough.
(d)
Whenever the applicant is providing open space as part of the
development or has agreed to restrict the property against further
subdivision, an easement in perpetuity restricting such open space
or other portions of the tract against further subdivision or development
shall be executed between the applicant and the Borough or an organization
acceptable to the Borough and shall run to the benefit of the Borough
and lot purchasers in the subdivision or land development.
(e)
Whenever the applicant is providing a recreation fee in lieu of otherwise required recreation and/or open space land, a note shall be placed on the final plan specifying the amount of the fee and the method to be used to secure and pay that amount, consistent with the terms of § 97-16A of this chapter.
(f)
The applicant shall have applied for all required permits from
agencies having jurisdiction over ancillary matters necessary to effect
the subdivision or land development, such as the Pennsylvania Departments
of Transportation and Environmental Resources, the Public Utility
Commission and the Chester County Health Department.
C.
Extension of approved final plan. If an applicant submits a written
request to Borough Council to extend the five-year time period referenced
in Section 508(4) of the Pennsylvania Municipalities Planning Code,[1] it shall notify in writing; (i) the owners of all property
directly adjacent to the subject tract; (ii) owners of all property
within 500 feet along the frontage of the subject tract; (iii) owners
of all property within a 150-foot radius of the side and rear lot
lines of the subject tract; and (iv) to any persons who have made
a timely request for notices no less than seven days and no more than
14 days prior to the scheduled meeting when Borough Council shall
consider the request to extend the approved final plan.
[1]
Editor's Note: See 53 P.S. § 10508(4).
A.
The applicant shall execute an agreement, to be approved by the Borough
before the final plan is released by Borough Council and filed on
record. Said agreement shall specify the following, where applicable:
(1)
The applicant agrees that he will lay out and construct all streets
and other improvements, including grading, paving, curbs, gutters,
sidewalks, streetlights, fire hydrants, water mains, street signs,
street trees, shade trees, storm and sanitary sewers, landscaping,
traffic control devices, recreational facilities, open space areas,
soil erosion and sediment control measures, and any other improvements
in accordance with the final plan as approved, where any or all of
these improvements are required as conditions of approval.
(3)
The applicant guarantees completion of all improvements by means of a type of financial security acceptable to the Borough as specified in § 97-16 of this chapter.
(4)
The applicant agrees to tender a deed or deeds of dedication to the
Borough for such streets and for such easements for sanitary and storm
sewers, sidewalks, manholes, inlets, pumping stations and other appurtenances
as shall be constructed as public improvements, provided that the
Borough shall not accept dedication of such improvements until their
completion is certified as satisfactory by the Borough Engineer.
B.
Whenever an applicant proposes to establish or continue a street
which is not offered for dedication to public use, Borough Council
shall require the applicant to submit and also to record with the
plan, a copy of an agreement made with Council on behalf of himself
and his heirs and assigns and signed by him and which shall establish
the conditions under which the street may later be offered for dedication
and shall stipulate, among other things, that:
(1)
An offer to dedicate the street shall be made only for the street
as a whole.
(2)
The Borough shall not be responsible for repairing or maintaining
any undedicated streets.
(3)
The method of assessing repair and maintenance costs of undedicated
streets be stipulated and be set forth in recorded deed restrictions
so as to be binding on all successors or assigns.
(4)
The deeds to those lots abutting such street shall state that, if
dedication is sought, the street shall conform to Borough specifications
or that the owners of the abutting lots shall, at their own expense,
restore the street to conformance with Borough specifications.
C.
Where Council has granted final approval subject to certain conditions
that limit or prescribe the future use or design of the property,
e.g., restrictions against future subdivision, reservation of easement,
stipulations on specific points of vehicular access from the property,
Council shall require that the terms of such conditions be recorded
as a separate document with the final plan and/or placed directly
on any future deed or deeds to the property or applicable portions
thereof.
A.
The applicant shall deposit with the Borough financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including but not limited to streets, walkways, curbs, gutters, streetlights, shade trees, stormwater management basins, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in § 97-36 hereof, water mains and other water supply facilities, fire hydrants and sanitary sewage collection and disposal facilities.
B.
Financial security required herein shall be in the form of a federal
or commonwealth chartered lending institution irrevocable letter of
credit, a restrictive or escrow account in such institution or surety
bond from a financially responsible bonding company or such type of
financial security which the Borough may, in its reasonable discretion,
approve. The bonding company may be chosen by the party posting the
financial security, provided that said bonding company or lending
institution is deemed acceptable by the Borough in terms of being
financially responsible, is authorized to conduct business within
the commonwealth, stipulates that it will submit to Pennsylvania jurisdiction
and Chester County venue in the event of legal action and will, at
the time of giving the bond, designate its agent for accepting service
in Pennsylvania.
C.
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 plan contingent upon
the developer obtaining 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 Council.
D.
Said financial security shall provide for and secure to the public
the completion of all subdivision improvements for which such security
is being posted, on or before the date fixed in the formal action
of approval or the subdivision agreement for completion of such improvements.
E.
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 costs 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 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 section.
F.
The amount of financial security required shall be based upon an
estimate of the cost of completion for the required improvements,
submitted by an applicant or developer and prepared by a professional
engineer and certified by such engineer to be a fair and reasonable
estimate of such costs. Borough Council, upon 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 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.
G.
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 shall
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 procedures prescribed in this section.
H.
In the case where development is projected over a period of years,
Borough Council may authorize submission of final plans by section
or stage of development, subject to such requirements or guaranties
as to improvements in the future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
I.
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.
J.
As the work of installing the required improvements proceeds, the party posting the financial security may request Borough Council to release or authorize to be released, 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 Borough Council, and Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, that such portion of the work upon the improvements have been completed in accordance with the approved plans. Upon such certification, Council shall authorize release by the bonding company or lending institution of an amount estimated by the Borough Engineer to fairly represent the value of the improvements completed. The Borough Engineer shall not, in certifying the completion of work for a partial release, be bound to the amount requested by the applicant, but shall certify to Council his independent evaluation of the proper amount of partial releases. Council, prior to final release at the time of completion and certification by the Borough Engineer, shall require retention of 10% of the estimated cost of the aforesaid improvements as per § 97-48 of this chapter.
A.
Endorsement; medium.
(1)
After completion of the procedures required by this chapter, Borough Council shall place their endorsements on the record plan and drainage plan that is prepared in accordance with Chapter 94 and as many other copies of the final plan as may be desired or requested. The record plan and drainage plan shall be signed by the President of Borough Council and the Borough Secretary. No subdivision or land development plan or drainage plan may be legally recorded unless it bears Borough endorsement indicated by the signatures as stated herein.
(2)
The record plan shall be clear and legible on a drafting medium acceptable
to the Recorder of Deeds.
B.
After the plan has been endorsed by Borough Council President and
Secretary, the record plan shall be submitted by the subdivider or
his agent to the County Planning Commission for endorsement. No subdivision
or land development plan may legally be recorded unless it has been
endorsed by the County Planning Commission.
C.
Within 90 days of approval of the final plan by Borough Council,
such plan shall be recorded by the applicant in the office of the
Recorder of Deeds of Chester County.
A.
Water, sewer and erosion control permit. No system extension to existing
or proposed Borough sewer systems shall be constructed prior to the
issuance of appropriate permits from the Pennsylvania Department of
Environmental Protection or from federal or local agencies as required
and filing a copy of the same with Council. Where a soil erosion and
sedimentation control permit is required, no grading shall commence
until such permit is issued and a copy of said permit is filed with
Council.
B.
Building permits. No application for a building permit under Chapter 112 of the Borough Code, titled "Zoning," shall be submitted and no building permit under Chapter 112 of the Borough Code shall be issued for any building in any subdivision or land development and no building shall be erected in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for said subdivision or land development have been approved as provided for and, where required, recorded and the Zoning Officer has been notified of the approval. Notification to the Zoning Officer shall be in the form of a copy of the approved plan for his files and, where recording of the plan is required, the affixing of a copy of the Recorder of Deeds' receipt to the approved plan.
A.
No construction or land disturbance activities (not including soil
or percolation testing, well drilling or similar engineering or surveying
activities) shall be commenced until the applicant submits to the
Zoning Officer a copy of the Recorder of Deeds' receipt for recording
of the final plan.
B.
No application for a building permit under Chapter 112 of the Borough Code, titled "Zoning," shall be submitted and no building permit under Chapter 112 of the Borough Code shall be issued for any building in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for said subdivision or land development have been approved and recorded as provided for and until the terms of § 97-17 hereof have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been complied with.
C.
No water system or sewer system, including extensions to existing
or proposed Borough systems or new systems employing sewage treatment
plants, shall be constructed prior to the issuance of appropriate
permits from the Pennsylvania Department of Environmental Protection
or from federal or local agencies, as required.
The landowner and/or developer shall notify in writing all builders
and/or contractors that they shall perform all work in accordance
with the regulations and requirements of this chapter and such other
Borough chapters, codes, regulations, plans and maps as shall be applicable
thereto. Such notification shall be submitted to the Borough prior
to construction and placed on file.
B.
If the landowner or developer requests an extension of time pertaining
to the final plan, the provisions of § 97-14B(3)(g) shall
apply.
C.
If the landowner or developer of an approved land development or
subdivision plan seeks to extend the five-year period referenced in
Section 508 of the Municipalities Planning Code, he/it shall submit
a written request to Borough Council at least 90 days prior to the
expiration of the applicable five-year period. Borough Council shall
have the discretion to grant such extension and shall render a written
decision and communicate it to the applicant prior to the expiration
of the five-year period.
For any replatting or resubdivision of land, and for a reverse
subdivision, the same procedures, rules and regulations shall apply
as prescribed herein for an original subdivision.
