Borough of Chester Heights, PA Procedure

Where and how to submit a sketch plan. Sketch plans shall be brought directly to the regularly scheduled Borough Planning Commission meetings. A copy of the sketch plans submitted to Borough Planning Commission may be submitted to the Borough Engineer for review at the expense of the applicant.

When to submit. Anyone wishing to submit a sketch plan for discussion purposes should contact the Chairman of the Borough Planning Commission to obtain a date on which the plan may be submitted.

Payment of fees. No payment of fees is required for review of a sketch plan by the Borough Planning Commission. However, the Borough Planning Commission may recommend that the sketch plan be reviewed by the Borough Engineer, and if the applicant takes his sketch plan to the Borough Engineer for review, the applicant is responsible to pay the Borough Engineer's review fees, which will be billed directly to the applicant.

What must be included in the sketch plan submission:

Landowner information: name, address, telephone number.

If the submission is being submitted by other than the landowner the following information shall be included on the plan: Applicant Information: the applicant's name, address, telephone number, and a statement signed by the landowner authorizing the submission to be made for the property.

The real estate folio number(s) for the property.

A brief written narrative of what is intended for the property.

Six copies of the sketch plan shall be submitted to the Planning Commission.

Sketch plan requirements. The scale and sheet size of the sketch plan of a proposed subdivision shall be legibly drawn approximately to the scale of one inch equals 100 feet or larger and contain at least:

Tract boundaries, accurately labeled;

The name of the Borough, county and state in which the development is located;

North point;

Written and graphic scales;

Significant topographical and physical features;

Existing and proposed general street and lot layout;

(7)

Name of developer and subdivision.

(8)

The applicant's name, mailing address, and phone numbers.

(9)

Date of submittal.

Other consideration(s). In the event that any developer shall intend to make changes to the contour of any land proposed to be subdivided, developed, or changed in use by grading, excavating, or the removal or destruction of the natural topsoil, trees or other vegetative covering thereon, the developer shall consult with the Delaware County Soil and Water Conservation District prior to, or concurrently with, submission of the sketch plan in order to insure that the proposed subdivision or land development will be compatible with the conservation plan to be submitted.

Review of the sketch plan. At a regularly scheduled meeting, the Borough Planning Commission shall review the sketch plan and shall recommend such changes and modifications as shall be necessary or advisable in the public interest; within 10 calendar days after the scheduled meeting review, the Secretary of the Planning Commission shall send written notice of the recommendation of the Planning Commission to the following:

Borough Council.

Applicant.

§ 162-14 Preliminary plan.

Submission of the plan.

Where to submit. A preliminary plan application shall be submitted to the Borough Secretary.

How to submit. A complete application may be either mailed to the Borough Secretary or delivered in person; but, in the event of personal delivery and in the event that the applicant intends to hand deliver the application to the County Planning Department following submission to the Borough Secretary, the applicant shall schedule an appointment with the Borough Secretary for personal delivery of the application.

When to submit.

Applications to be considered and/or reviewed by the Planning Commission shall be submitted on/by the first day of the month in which the next regularly scheduled meeting of the Planning Commission is to take place.

Applications to be considered and/or reviewed by the Borough Council of Chester Heights shall be submitted on/by the 15th day of the month previous to the month in which the next regularly scheduled meeting of the Council of the Borough of Chester Heights is to take place.

In the event that the said applications are not submitted within the time frames herein above indicated, the said application or applications may not be considered at the said meeting, but postponed until the regularly scheduled meeting on the next calendar month.

Note: The applicant should be advised that the timing of the application for submission to the Borough may not satisfy the separate county application timing requirements. The applicant is cautioned to ascertain the county's submission requirements, as well as the Borough's submission requirements.

Payment of fees and reimbursement of expenses.

Application fees. There are two initial application fees to be paid at the time of submitting the plan:

Borough fee. The applicant should contact the Borough Secretary to determine the correct amount of the preliminary application fee. The Borough fee is to be paid by check, made payable to Borough of Chester Heights.

County fee. The applicant should contact the county directly to determine the current county application fee. The county fee is to be paid by check, made payable to Delaware County Treasurer, and included in the submission to the Borough Secretary only if the completed application is to be mailed by the Borough Secretary to the Delaware County Planning Commission.

Reimbursement of expenses. In addition to the initial Borough application fee described above, the applicant is responsible for, and is required to reimburse the Borough for, any costs incurred for professional services involved in the review of the application, such as legal fees to develop and/or review required legal documents, etc., and/or engineering fees to review the application, planning module, if any, and any supplemental information either included with the application or submitted later. Such costs may be paid for by the Borough and then billed to the applicant, or the applicant may be required to deposit escrow funds with the Borough, from which the expenses will be paid.

What must be included in the preliminary application.

The Borough requires use of the same multipart Application for Review form that Delaware County currently uses. All copies of the completed Application for Review form must be included with the plan submission;

A check, or checks, for payment of appropriate application fee(s);

If the applicant is other than the landowner, an original document, signed by the landowner, authorizing the application to be made for the landowner;

Number of plans. Sixteen copies of the plan, with related drawings, must be submitted;

Supplemental information. Sufficient copies of supplemental information must be included for distribution, according to the nature of the supplemental information;

All plans must show the real estate folio numbers for the subject property.

Preliminary plan requirements.

The preliminary plan of a proposed development shall be clearly and legibly drawn to a scale of one inch equals 50 feet. The preliminary plan shall contain, where relevant, all of the information required in this subsection.

All submitted prints shall be either 18 inches by 24 inches or 36 inches by 48 inches. If the preliminary plan requires more than one sheet, a key diagram showing relative location of the several sections shall be drawn on each sheet.

The preliminary plan shall show:

Name or any other identifying title of the proposed subdivision and of the Borough, county and state;

North point, graphic scale, written scale, and date, including the month, day and year that the original drawing was completed, the month, day and year that the original drawing was revised, for each revision, and a clear and concise description and location of the changes made in each revision;

Name of record owner (and developer);

Name and address of registered engineer, surveyor or land planner responsible for the plan;

The names of all abutting subdivisions, if any, with the book and page numbers where recorded, and the names of the owners of all adjacent unplotted land, if any, and the book and page numbers where recorded;

A key map, for the purpose of locating the property being subdivided, drawn at a scale of one inch equals 600 feet and showing the relation of the property, differentiated by tone or patterns, to adjoining property and to all streets, roads, municipal boundaries, and recorded subdivision plans existing within 1,000 feet of any part of the property. In addition, the approximate distance to the nearest existing street shall be shown, and a title, scale, and north point shall be indicated;

(g)

Total tract boundaries of the property being developed, showing bearings and distances, and a statement of total acreage of the property;

(h)

Contour lines at vertical intervals of not more than two feet for land with average natural slope of 4% or less, and at intervals of not more than 10 feet for land with average natural slope exceeding 4%. The datum shall be United States Coast and Geodetic Survey;

(i)

Location and elevation of the datum used shall be a known, established bench mark;

(j)

If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within a subdivision or development, applicant shall present evidence to the Planning Commission that the subdivision or development will be served by a certified public utility, a bona fide cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate;

(k)

All existing building structures;

(l)

All existing streets, including streets of record (recorded but not constructed), on or abutting the tract, including names, right-of-way widths, cartway (pavement) widths and approximate grades;

(m)

The full plan of proposed development, including:

Location and width of all streets and rights-of-way, with a statement of any conditions governing their use;

Suggested streets names;

Building setback lines;

Lot line dimensions;

[5]

A statement of the intended use of all nonresidential lots and parcels;

[6]

Lot numbers and a statement of the total number of lots and parcels;

[7]

Sanitary and storm sewers (and other drainage facilities), with the size and material of each indicated, and any proposed connections with existing facilities;

[8]

Parks, playgrounds and other areas dedicated or reserved for public use, with any conditions governing such use;

[9]

Information as to source of reliable, safe and adequate water supply;

[10]

Utility easement locations.

The preliminary plan shall be accompanied by the following supplementary data:

Typical street cross-section drawing(s) for all proposed streets. Cross-section drawings may be shown on either the preliminary plan or on profile sheets;

Tentative profiles along the top of cartway (pavement) edges or along the top of curb for both sides of each proposed street shown on the preliminary plan. Such profiles shall show natural and finished grades at one of the following:

One inch equals 10 feet horizontal and one inch equals one foot vertical,

One inch equals 20 feet horizontal and one inch equals two feet vertical,

One inch equals 40 feet horizontal, and one inch equals four feet vertical, or

One inch equals 50 feet horizontal and one inch equals five feet vertical.

A stormwater management plan for the surface drainage of the tract to be developed. Such plan shall include storm water runoff calculations for the entire property being developed, and shall show the proposed method of accommodating the anticipated runoff which shall be subject to the approval of the Borough Engineer.

Preliminary designs of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of the Department of Environmental Protection and/or the Pennsylvania Department of Transportation and shall be subject to the approval of the Borough Engineer.

(7)

Conservation plan, as defined, shall be subject to the review of the Delaware County Soil and Water Conservation District.

(8)

Certification of the plan accuracy shall be by registered engineer.

Distribution of the preliminary plan.

Upon receipt of a completed application, the Borough Secretary will circulate the application materials as follows:

To the County Planning Commission (unless the applicant has opted to hand deliver the application directly to the county):

The applicant's check made payable to the Delaware County Treasurer;

All parts of the completed Application for Review form;

Four copies of the plan, and related drawings;

One copy of any other applicable information submitted by the applicant;

To the Borough Planning Commission:

A copy of the completed Application for Review form;

Four copies of the plan, and related drawings;

One copy of any other applicable information submitted by the applicant;

One copy of the completed application form and one copy of the plan, and related drawings, to each of the following:

Borough Engineer, together with one copy of any other applicable information submitted by the applicant;

Borough Zoning Officer;

Borough Fire Marshal;

Borough Fire Chief;

[5]

Any other Borough official as may require a copy of the plan for review purposes.

The Borough Secretary will retain one copy of the following materials for the use of Borough Council and for review by the public:

A copy of the completed Application for Review form;

One copy of the plan, and related drawings;

One copy of any other applicable information submitted by the applicant.

Review of the preliminary plan application.

The Delaware County Planning Department will review the application according to its own requirements, and its own timetable, and will send written review comments to the Borough, with a copy thereof to the applicant.

The Borough Planning Commission shall review the plan and the recommendations of the County Planning Commission, the Borough Engineer, and such other written reports by other Borough officials as may have been submitted as required by the Pennsylvania Municipalities Planning Code. Within 10 days of such review meeting, the Secretary of the Planning Commission shall send written notice of the action of the Planning Commission, and the reasons therefore, to the following:

Borough Council;

Applicant.

Borough Council.

Within the requirements of the Pennsylvania Municipalities Planning Code, Borough Council shall:

Review the preliminary application package;

Review the recommendation of the Borough Planning Commission, the County Planning Commission, and the Borough Engineer, the Zoning Officer and such other written reports by other Borough officials as may have been submitted;

After the reviews described above, Borough Council may approve the application as filed, or require or recommend such changes and modifications as shall be necessary or advisable in the public interest, or deny approval, and, having rendered its decision, will communicate that decision to the applicant, in writing, at the address that appears on the original Application for Review form, unless the applicant, in writing and subsequent to the application, has notified the Borough of a change of address.

§ 162-15 Final plan.

Submission of final plan.

Where to submit a final plan. A final plan and all necessary supplementary data shall be officially submitted to the Borough Secretary.

How to submit. A completed final plan may be either mailed to the Borough Secretary or delivered in person. In the event of personal delivery, the applicant shall schedule an appointment with the Borough Secretary for submission of the final plan.

When to submit:

Within 60 days after approval of the preliminary plan, unless this time limit shall be extended by Borough Council in writing to the Borough Secretary;

Final plans to be reviewed by the Borough of Chester Heights Planning Commission shall be submitted by the first day of the month in which the next regularly scheduled meeting of the Borough Planning Commission is to take place;

Final plans to be reviewed or submitted to Borough Council for approval shall be submitted by the 15th day of the month previous to the month in which the next regularly scheduled meeting of the Council of the Borough of Chester Heights is to take place;

In the event that the said plans are not submitted within the time frames indicated in § 162-15A(3)(a) and (b) above, the review may be postponed until the next regularly scheduled meeting of the applicable government body (Borough Planning Commission and/or Borough Council);

The applicant shall be responsible to submit in writing all requests for extension of time for review of the final plans;

Note: The applicant is advised the timing of the final plan for approval to the Borough may not satisfy separate county requirements.

Payment of fees and reimbursement of expenses.

The Borough imposes a fee for review of the final plan application. The amount of the fee is identical for the preliminary plan submission. Contact the Borough Secretary for the latest fee schedule. Check(s) shall be made payable to: Borough of Chester Heights;

The county fees (if required) shall be made payable to Delaware County Treasurer and included with the submission to the Borough Secretary;

The applicant is responsible for, and is required to reimburse the Borough for, any costs incurred for professional services involved in the review of the application, such as legal fees to develop and/or review required legal documents, etc., and/or engineering fees to review the application, planning module, if any, and any supplemental information either included with the application or submitted later. Such costs may be paid for by the Borough and then billed to the applicant, or the applicant may be required to deposit escrow funds with the Borough, from which the expenses will be paid;

What must be included in the final plan application:

A check or checks for payment of appropriate application fee(s);

If the applicant is other than the landowner, an original document, signed by the landowner, authorizing the application to be made for the landowner;

Number of plans. Sixteen copies of the plan, and related drawings, including at least one set of black-on-white prints of the plan, and related drawings, for ultimate distribution to the Borough Engineer, must be submitted.

Supplemental information. Sufficient copies of supplemental information must be included for distribution, according to the nature of the supplemental information.

All plans must show the real estate folio numbers for subject property.

(7)

Any information/documentation/permits, etc., as may have been required, as a condition of preliminary plan approval, and specified to be submitted at the time of final approval, are to be submitted at the time of final plan approval.

(8)

Planning modules. All planning module applications and/or information shall be sent directly to the Borough Engineer by the applicant, and shall not be submitted to the Borough Secretary. The applicant must also submit a check, payable to the Borough of Chester Heights, for the planning module reviews, in an amount determined by Borough Council.

Final plan requirements.

The final plan of a proposed subdivision shall be clearly and legibly drawn to a scale of one inch equals 50 feet.

The original drawing, and all submitted prints thereof, shall be of such size as is acceptable for filing by the Recorder of Deeds of Delaware County.

If the final plan requires more than one sheet, a key diagram showing the relative location of the several sections shall be drawn on each sheet.

The final plan shall include:

Name of proposed subdivision (or other identifying title), and of Borough, county and state;

North point, graphic scale, written scale, and date including the month, day and year that the original drawing of the final plan was completed, the month, day and year that the original drawing was revised, for each revision, and a clear and concise description and location of the change made in each revision;

Name of the record owner (and developer) of the tract, and the source(s) of title to the land being developed, as shown by the records of the County Recorder of Deeds;

The name, address, license number and seal of the registered professional engineer or surveyor responsible for the plan;

The names of all abutting subdivisions, if any, with the book and page numbers where recorded, and the names of the owners and all unplotted land, if any, and the book and page numbers where recorded;

A key map, for the purpose of locating the property being subdivided, drawn at a scale of one inch equals 600 feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision plans existing within 1,000 feet of any part of the property. In addition, the approximate distance to the nearest street shall be shown, and a title, scale, and north point shall be indicated;

(g)

The total tract boundary lines of the area being developed with accurate distances to hundredths of a foot and bearings to 1/4 of a minute. These boundaries shall be balanced and closed with an error of closure not to exceed one foot in 10,000 feet; provided, however, that the boundary (boundaries) adjoining additional unplotted land of the subdivider (for example, between separately submitted final plan sections) are not required to be based upon field survey, and may be calculated. The monuments shall be indicated, along with a statement of the total area of the property being developed. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plan, and the placement of the monuments;

(h)

The name (or number) and cartway width and lines of all existing public streets and the name and location of all other roads within the property;

(i)

The following data for the cartway edges (curblines) and right-of-way lines of all recorded (except those which are to be vacated) and/or proposed streets, and for the right-of-way lines of all existing streets, within the property:

The length (in feet and hundredths of a foot) of all straight lines and of the radius and the arc (or chord) of all curved lines (including curved lot lines), and

The width (in feet) of the cartway, right-of-way and of the ultimate right-of-way, and (in degrees, minutes and quarters of a minute) of the delta angle of all curved lines, including curved lot lines;

(j)

All straight lot lines and chords and radii of curved lot lines, defined (in feet and hundredths of a foot) by distances, and (in degrees, minutes and quarters of a minute) either by magnetic bearings or by angles of deflection from other lot and street lines;

(k)

Lot numbers, statement of the number of lots (and parcels), and approved Borough address numbers;

(l)

A statement of the intended use of all nonresidential lots. A statement of restrictions of any type which exist or will exist as covenants in the deed(s) for all lots contained wholly or in part in the development. If restrictions or covenants are recorded, then the deed book and page number shall be recorded;

(m)

The proposed building reserve (setback) line for each lot, or the proposed placement of each building and, where applicable, location of on-site sewage and water facilities;

(n)

The location (and elevation, if established) of all existing and proposed street monuments;

(o)

All easements or rights-of-way where provided for or owned by public services or any other party who has secured them and any limitations on such easements or rights-of-way. Rights-of-way shall be shown and accurately identified on the plan, and easements shall either be shown or specifically described on the plan. Utility easements should be located in cooperation with the appropriate public utility companies;

(p)

Location, size and invert elevation of all sanitary and storm sewers and location of all manholes, inlets and culverts (these data may be submitted as a separate plan);

(q)

If a development proposes a new street or driveway intersection with a state legislative route, the plan shall contain a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law"[1] before a driveway access to a state highway is permitted;

Editor's Note: See 36 P.S. § 670-420.

(r)

A certification of ownership, acknowledgment of plan and, where applicable, offer to dedicate shall be lettered on the plan, and shall be duly acknowledged and signed by the owner(s) of the property and notarized;

(s)

A certificate requesting approval of the plan by Borough Council, Borough Engineer and by the Borough Planning Commission shall be presented;

(t)

A space measuring three inches square shall be left along the lower edge of the sheet, in order that the Recorder of Deeds may acknowledge receipt and recording of the plan when it is presented.

The final plan shall be accompanied by the following supplementary data:

Typical street cross-section drawing(s) for all proposed streets. Cross-section drawings may be shown either on the final plan or on the profile sheets;

Profile sheets for all proposed streets within the tract. Such profiles shall show at least the following information, properly labeled:

Existing (natural) profile along both cartway edges or along the center line of each street;

Proposed finished grade of the center line, or proposed finished grade at the top of both curbs, or proposed finished grade at both cartway (pavement) edges;

The length of all vertical curves;

Existing and proposed sanitary sewer mains and manholes;

Existing and proposed storm sewer facilities and drainage improvements;

The profile sheets shall be legibly drawn at one of the following sets of scales or any combination thereof:

One inch equals 10 feet horizontal and one inch equals one foot vertical,

One inch equals 20 feet horizontal and one inch equals two feet vertical,

One inch equals 40 feet horizontal and one inch equals four feet vertical, or

One inch equals 50 feet horizontal and one inch equals five feet vertical;

All offers of dedication, and covenants governing the reservation and maintenance of undedicated open space, shall bear the certificate of approval of the Borough Solicitor as to their legal sufficiency;

Such private deed restrictions, including building setback lines, as may be imposed upon the property as a condition to sale, together with a statement of any restrictions previously imposed which may affect the title to the land being developed;

Conservation plan.

The conservation plan which is required to accompany the final subdivision or development plans shall be clearly and legibly drawn to the same scale as that of the preliminary and final plans.

The conservation plan shall show the total tract boundaries of the property being subdivided or developed in order to facilitate its use as an overlay, and shall show:

Contour lines at vertical intervals of not more than two feet;

Location and elevation to which contour elevations refer; where reasonably practicable, datum used shall be a known, established bench mark;

All existing water courses, flood hazard areas, tree masses, trees over six inch caliper not part of a tree mass and other significant natural features within the proposed subdivision and within 50 feet from the boundaries of the proposed subdivision;

Location and results of soil percolation tests whenever on-site disposal of sewage is planned;

Location and type of all erosion and sedimentation control measures, including grassed waterways, diversions, debris basins or ponds, structures for water control, open drains and tile, proposed dates when such measures shall be in effect, and supporting data assuring compliance with the erosion and sedimentation control standards set forth in § 162-46 of this chapter;

Notations indicating all trees or portions of tree masses proposed to be cleared as part of the proposed subdivision or development plan, together with reasons for such clearing. Notations shall be included indicating all proposed alterations of the natural grade, whether by cut or by fill, exceeding two feet, together with reasons for such alterations.

Distribution of final plan.

Upon receipt of a completed application, the Borough Secretary will circulate the application materials as follows:

To the Delaware County Planning Commission, unless the applicant provides notice, in writing, that review by the County Planning Commission is unnecessary and/or unless the applicant has opted to hand deliver the application directly to the county, should a county review be necessary:

The applicant's check made payable to the Delaware County Treasurer;

All parts of the completed Application for Review form;

Four copies of the plan, and related drawings;

One copy of any other applicable information submitted by the applicant.

To the Borough Planning Commission:

A photocopy of the completed Application for Review form;

Four copies of the plan and related drawings;

One copy of any other applicable information submitted by the applicant.

One copy of the completed Application for Review form, and one copy of the plan, and related drawings, to each of the following:

Borough Engineer (receives the black-on-white plan, and related materials);

Borough Zoning Officer;

Borough Fire Marshal;

Borough Fire Chief;

[5]

Any other Borough official as may require copies of the plan for review purposes.

Review of final plan.

Borough Planning Commission.

The Planning Commission shall review the plan at a scheduled meeting following its receipt.

Within 10 days after decision upon a recommendation, the Secretary of the Planning Commission shall send written notice of the action of the Planning Commission to the following:

Borough Council;

Applicant.

Borough Council. Within the requirements of the Pennsylvania Municipalities Planning Code,[2] Borough Council shall:

Review the final application package;

Review the recommendations of the Borough Planning Commission, the County Planning Commission, the Borough Engineer, and such other written reports by other Borough officials as may have been submitted;

After the reviews described above, Borough Council may approve the application as filed, or require or recommend such changes and modifications as shall be necessary or advisable in the public interest, or deny approval, and, having rendered its decision, will communicate that decision to the applicant, in writing, at the address that appears on the Application for Review form, unless the applicant, in writing and subsequent to final plan submission, has previously notified the Borough of a change of address;

Borough Council shall designate one print and one Mylar of the final plan as the official copy. This copy shall include all corrections required by Borough Council. It shall be retained in the Borough files;

Copies of the final plan as finally approved, with the appropriate endorsement of Borough Council and the Borough Engineer, shall be distributed as follows: Three prints and one tracing to the subdivider;

Before approving any final plan or before releasing any final plan executed by them as approved, Borough Council shall require, by resolution, that the developer post security to cover the cost of improvements including but not limited to the installation of streets, curbs, sidewalks, sewage facilities, and monuments in an amount estimated in accordance with the provisions of the Municipalities Planning Code. The Borough, upon the recommendation of the Borough Engineer, may refuse to accept estimates for good cause shown. The developer may opt to complete all such improvements prior to issuance of any building permits. Such posting of security shall be in a form permitted by the Municipalities Planning Code and shall be covered by an agreement in a form acceptable to the Borough Solicitor.

Editor's Note: See 53 P.S. § 10101 et seq.

Signing of the final plans.

All plans submitted for signature must contain appropriate signature blocks.

The Borough will retain three copies of the approved plan for its files. Under no circumstances will fewer than four copies of the plan be signed. In determining the number of plans to present for signature, the applicant should take into consideration not only their needs, but the Borough's three-copy requirement.

Distribution of the signed final plans.

The applicant is responsible to record the signed plan with the office of the County Recorder of Deeds within 90 days of the date of final approval by the Borough or, in the case of conditional Borough approval, within 90 days of the satisfaction of the last remaining condition. If the developer fails to record the final plan within such period, the action of the Borough shall expire and be deemed to be revoked, unless the developer requests in writing an extension of the ninety-day period. Such extension shall not be unreasonably withheld by the Borough. Note: The County Recorder of Deeds requires plans being submitted for recording be of a specific size. The applicant is responsible to assure plans are of the appropriate size for recording.

The Borough Secretary will distribute one copy of the signed plans to each of the following:

Borough Engineer;

Borough Zoning Officer;

The Borough Secretary shall retain one copy of the signed plan.

§ 162-16 Plans exempted from standard procedures.

In the case of any new proposed subdivision in which all proposed lots will have frontage on an existing public street or road, the following procedure may be followed upon approval from the Planning Commission:

The subdivider shall follow the informal procedure for approval of a sketch plan, except that drawings submitted for review shall contain the necessary spaces for signature endorsements;

Following receipt of notification that the sketch plan has been reviewed by the Borough Planning Commission, including any recommended or required changes or modifications, the subdivider shall deliver to the Borough performance and/or maintenance bonds as required for a final plan;

Following sketch plan approval, the subdivider may then prepare a final plan sufficient to meet the requirements of this chapter.

In the case of proposed subdivision of land by process of auction sale, the following procedures shall be used by the subdivider:

The subdivider shall prepare and submit a preliminary plan, which, in addition, shall contain the following notation:

This property is intended to be sold by auction on or about (insert date), in whole or in part according to this plan. Sale of lots at such auction shall be in the form of agreement to purchase, and no actual transfer of ownership or interest in such lots shall proceed until a final plan showing such division of properly shall have been approved by Borough Council in accordance with its regulations, and recorded in the office of the County Recorder of Deeds.

The auction sale may then proceed in accordance with the above notation, after which the subdivider shall prepare and submit a final plan in accordance with these regulations.

§ 162-17 Modifications for hardship.

The Borough Council may grant a modification of the requirements of one or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.

All requests for a modification shall be in writing and shall accompany and be part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based , the provision or provisions of the chapter involved and the minimum modification necessary. In making any alterations, the following shall be observed:

No lot or tract of land shall be created that is smaller than the minimum dimensions required by Chapter 185, Zoning, of the Code of the Borough of Chester Heights;

Easements reserved for drainage shall not be changed;

No lot shall be created which does not abut a street;

The character of the area shall be maintained.

In every case, the applicant shall prepare a borough record plan and submit said plan for the endorsements of the Borough Engineer and Borough Council identifying the previous record plan and shall record the revised Plan.

The Borough Council may refer the request for modification to the Borough Planning Commission for advisory comments.

The Borough Council shall keep a written record of all action on all requests for modifications. Note: The Borough shall retain three signed copies of the plan. Therefore, the applicant is advised to submit for signing sufficient number of plans as may be needed to satisfy his requirements.

§ 162-18 Subdivision and land development agreements.

Every application for final approval shall be accompanied by a form of agreement to be approved by the Borough Solicitor before it shall be executed by Borough Council and filed of record. The agreement shall include but not be limited to the following:

That the owner agrees that he will lay out and construct all roads, streets, lanes or alleys together with all other improvements including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space and restricted areas, erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval, and that he shall complete these improvements within the time or times specified by Borough Council;

That the owner guarantees completion and maintenance of all improvements by means of a bond or deposit of funds or securities in escrow or letter of credit;

That the owner 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;

Provisions for dedication of streets. Whenever a developer proposes to establish or continue a street which is not offered for dedication to public use, Borough Council shall require the developer to submit, and also to record with the plan, a copy of an agreement made with the Borough on behalf of himself and his heirs and assigns, signed by him and by the Borough, and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate, among other things:

That an offer to dedicate the street shall be made only for the street as a whole;

That the Borough shall not be responsible for repairing or maintaining any undedicated street;

That the method of assessing repair and maintenance costs of undedicated streets be stipulated;

That if dedication be sought the street shall conform to the Borough specifications or that the owners of the abutting lots shall at their own expense restore the street to conformance with the Borough specification;