Hereafter, subdivision or land development plans
shall be reviewed by the Borough Planning Commission and the County
Planning Commission and shall be approved or disapproved by the Borough
Council in accordance with the procedure specified in this article
and in other sections of this chapter. Any application not processed
as required hereafter shall be null and void unless it was made prior
to the adoption of this chapter.
A.
General. Sketch plan(s) shall be considered as submitted
for informal discussion only between the developer and the Borough
Planning Commission. Submission of a sketch plan does not constitute
official submission of a plan to the Borough for review.
B.
Submission of the plan.
(1)
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.
(2)
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.
(3)
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.
C.
What must be included in the sketch plan submission:
(1)
Landowner information: name, address, telephone number.
(2)
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.
(3)
The real estate folio number(s) for the property.
(4)
A brief written narrative of what is intended for
the property.
(5)
Six copies of the sketch plan shall be submitted to
the Planning Commission.
D.
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:
(1)
Tract boundaries, accurately labeled;
(2)
The name of the Borough, county and state in which
the development is located;
(3)
North point;
(4)
Written and graphic scales;
(5)
Significant topographical and physical features;
(6)
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.
E.
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.
F.
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:
A.
Submission of the plan.
(1)
Where to submit. A preliminary plan application shall
be submitted to the Borough Secretary.
(2)
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.
(3)
When to submit.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
B.
Payment of fees and reimbursement of expenses.
(1)
Application fees. There are two initial application
fees to be paid at the time of submitting the plan:
(a)
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.
(b)
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.
(2)
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.
C.
What must be included in the preliminary application.
(1)
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;
(2)
A check, or checks, for payment of appropriate application
fee(s);
(3)
If the applicant is other than the landowner, an original
document, signed by the landowner, authorizing the application to
be made for the landowner;
(4)
Number of plans. Sixteen copies of the plan, with
related drawings, must be submitted;
(5)
Supplemental information. Sufficient copies of supplemental
information must be included for distribution, according to the nature
of the supplemental information;
(6)
All plans must show the real estate folio numbers
for the subject property.
D.
Preliminary plan requirements.
(1)
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.
(2)
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.
(3)
The preliminary plan shall show:
(a)
Name or any other identifying title of the proposed
subdivision and of the Borough, county and state;
(b)
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;
(c)
Name of record owner (and developer);
(d)
Name and address of registered engineer, surveyor
or land planner responsible for the plan;
(e)
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;
(f)
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:
[1]
Location and width of all streets and rights-of-way,
with a statement of any conditions governing their use;
[2]
Suggested streets names;
[3]
Building setback lines;
[4]
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.
(4)
The preliminary plan shall be accompanied by the following
supplementary data:
(a)
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;
(b)
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:
[1]
One inch equals 10 feet horizontal and one inch
equals one foot vertical,
[2]
One inch equals 20 feet horizontal and one inch
equals two feet vertical,
[3]
One inch equals 40 feet horizontal, and one
inch equals four feet vertical, or
[4]
One inch equals 50 feet horizontal and one inch
equals five feet vertical.
(5)
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.
(6)
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.
E.
Distribution of the preliminary plan.
(1)
Upon receipt of a completed application, the Borough
Secretary will circulate the application materials as follows:
(2)
The Borough Secretary will retain one copy of the
following materials for the use of Borough Council and for review
by the public:
F.
Review of the preliminary plan application.
(1)
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.
(2)
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:
(3)
Borough Council.
(a)
Within the requirements of the Pennsylvania
Municipalities Planning Code, Borough Council shall:
(b)
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.
A.
Submission of final plan.
(1)
Where to submit a final plan. A final plan and all
necessary supplementary data shall be officially submitted to the
Borough Secretary.
(2)
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.
(3)
When to submit:
(a)
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;
(b)
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;
(c)
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;
(d)
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);
(e)
The applicant shall be responsible to submit
in writing all requests for extension of time for review of the final
plans;
(f)
Note: The applicant is advised the timing of
the final plan for approval to the Borough may not satisfy separate
county requirements.
(4)
Payment of fees and reimbursement of expenses.
(a)
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;
(b)
The county fees (if required) shall be made
payable to Delaware County Treasurer and included with the submission
to the Borough Secretary;
(c)
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;
B.
What must be included in the final plan application:
(1)
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;
(2)
A check or checks for payment of appropriate application
fee(s);
(3)
If the applicant is other than the landowner, an original
document, signed by the landowner, authorizing the application to
be made for the landowner;
(4)
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.
(5)
Supplemental information. Sufficient copies of supplemental
information must be included for distribution, according to the nature
of the supplemental information.
(6)
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.
C.
Final plan requirements.
(1)
The final plan of a proposed subdivision shall be
clearly and legibly drawn to a scale of one inch equals 50 feet.
(2)
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.
(3)
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.
(4)
The final plan shall include:
(a)
Name of proposed subdivision (or other identifying
title), and of Borough, county and state;
(b)
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;
(c)
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;
(d)
The name, address, license number and seal of
the registered professional engineer or surveyor responsible for the
plan;
(e)
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;
(f)
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:
[1]
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
[2]
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;
[1]
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.
D.
The final plan shall be accompanied by the following
supplementary data:
(1)
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;
(2)
Profile sheets for all proposed streets within the
tract. Such profiles shall show at least the following information,
properly labeled:
(a)
Existing (natural) profile along both cartway
edges or along the center line of each street;
(b)
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;
(c)
The length of all vertical curves;
(d)
Existing and proposed sanitary sewer mains and
manholes;
(e)
Existing and proposed storm sewer facilities
and drainage improvements;
(f)
The profile sheets shall be legibly drawn at
one of the following sets of scales or any combination thereof:
[1]
One inch equals 10 feet horizontal and one inch
equals one foot vertical,
[2]
One inch equals 20 feet horizontal and one inch
equals two feet vertical,
[3]
One inch equals 40 feet horizontal and one inch
equals four feet vertical, or
[4]
One inch equals 50 feet horizontal and one inch
equals five feet vertical;
(3)
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;
(4)
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;
E.
Conservation plan.
(1)
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.
(2)
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:
(a)
Contour lines at vertical intervals of not more
than two feet;
(b)
Location and elevation to which contour elevations
refer; where reasonably practicable, datum used shall be a known,
established bench mark;
(c)
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;
(d)
Location and results of soil percolation tests
whenever on-site disposal of sewage is planned;
(e)
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;
(f)
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.
F.
Distribution of final plan.
(1)
Upon receipt of a completed application, the Borough
Secretary will circulate the application materials as follows:
(a)
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:
(c)
One copy of the completed Application for Review
form, and one copy of the plan, and related drawings, to each of the
following:
G.
Review of final plan.
(1)
Borough Planning Commission.
(a)
The Planning Commission shall review the plan
at a scheduled meeting following its receipt.
(2)
Borough Council. Within the requirements of the Pennsylvania
Municipalities Planning Code,[2] Borough Council shall:
(a)
Review the final application package;
(b)
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;
(c)
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;
(d)
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;
(e)
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;
(f)
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.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
H.
Signing of the final plans.
(1)
All plans submitted for signature must contain appropriate
signature blocks.
(2)
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.
I.
Distribution of the signed final plans.
(1)
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.
(3)
The Borough Secretary shall retain one copy of the
signed plan.
A.
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:
(1)
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;
(2)
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;
(3)
Following sketch plan approval, the subdivider may
then prepare a final plan sufficient to meet the requirements of this
chapter.
B.
In the case of proposed subdivision of land by process
of auction sale, the following procedures shall be used by the subdivider:
(1)
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.
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(2)
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.
A.
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.
B.
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:
(1)
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;
(2)
Easements reserved for drainage shall not be changed;
(3)
No lot shall be created which does not abut a street;
(4)
The character of the area shall be maintained.
C.
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.
D.
The Borough Council may refer the request for modification
to the Borough Planning Commission for advisory comments.
E.
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.
A.
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:
(1)
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;
(2)
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;
(3)
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;
B.
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:
(1)
That an offer to dedicate the street shall be made
only for the street as a whole;
(2)
That the Borough shall not be responsible for repairing
or maintaining any undedicated street;
(3)
That the method of assessing repair and maintenance
costs of undedicated streets be stipulated;
(4)
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;
(5)
Owner agrees to reimburse the Borough for all costs
including but not limited to, engineering, review fees, legal fees
and inspection fees.
If, as a result of subdivision approval, there
will be dedication of improvements to the Borough, then the developer
shall, before the Borough resolves to accept dedication, post security
for the maintenance of such improvements, not to exceed 15% of the
actual cost of the installation of such improvements for a period
of 18 months from acceptance of dedication.