A.
Hereafter, subdivision and land development plans shall be reviewed
by the Borough Planning Commission, the County Planning Commission
and other Borough, state or county officials as necessary, and shall
be approved or disapproved by the Borough Council in accordance with
the procedures specified in this chapter.
B.
For all subdivisions and land developments, except those exempted from standard procedures in § 171-14 of this chapter, a preliminary plan and a final plan shall be submitted.
C.
Procedures described in this Article III that are not mandated by the provisions of the Pennsylvania Municipalities Planning Code, as amended, are discretionary as to the Borough Council, and any failure of the Borough Council, its Planning Commission or any other agent or employee of the Borough to abide by said permissive procedures shall not invalidate any action taken hereunder. However, said procedures, as to any applicant, are mandatory unless waived by the Borough Council in accordance with § 171-43.
D.
Official plan revisions.
(1)
In accordance with the rules and regulations of the Pennsylvania
Department of Environmental Protection (DEP), the Borough shall revise
its official plan for sewage disposal whenever a new subdivision is
proposed, unless DEP determines that the proposal is for the use of
individual on-lot sewage systems serving detached single-family dwelling
units in a subdivision of 10 lots or less and certain criteria set
forth in the rules and regulations of DEP are met.
(2)
An official plan revision for new land development shall be submitted
to DEP in the form of a completed sewage facilities planning module
provided by DEP and including all information required by DEP.
(3)
The subdivider or developer or his agent shall complete the DEP sewage
facilities planning module and submit it to the Borough for action.
(4)
No plan revision for new land development will be considered complete
unless it includes all information specified within DEP's rules
and regulations.
(5)
The Borough shall not adopt a proposed revision to the official plan,
conditionally or otherwise, until it determines that the proposal
complies with the Borough's zoning, land use and Comprehensive
Plan. If changes to the proposed revision or the applicable plan,
regulations or ordinance are necessary, the changes shall be completed
prior to adoption of the revision by the Borough.
(6)
Upon adoption of a proposed revision to the Borough's official
plan, or refusal to adopt such a proposed revision, the Borough shall
forward the proposed revision or statement refusing to adopt to DEP.
DEP may approve or disapprove a proposed plan revision for new land
development.
(7)
The time limits for actions by Borough and County agencies and DEP
are set forth in the rules and regulations of DEP.
(8)
Subdividers and developers are advised that no subdivision or land
development plan will be finally approved and released for recording
by the Borough until all necessary approvals of the official plan
revision or requests for exceptions to the requirement to revise the
official plan have been secured from the Borough and DEP. This fact
and time limits for action should be considered by subdividers and
developers when submitting the DEP sewage facilities planning module
to the Borough.
A.
Status. Except in the case of a sketch plan for record, submission
of a sketch plan is optional. Such submission shall not constitute
official submission of a plan to the Borough, and the sketch plan
is submitted only for informal discussion between the developer and
the Borough Planning Commission.
(1)
Presubmission consultation. Applicants are encouraged to informally
discuss their proposals with applicable Borough staff persons or other
Borough officials before preparing engineered plans.
(2)
Site tour. Applicants are very strongly encouraged to cooperate in
an on-site tour of the property by Borough officials. This site tour
should be scheduled as soon as possible after the applicant has provided
copies of a map of existing conditions. At best, this would occur
after a sketch plan has been submitted, but before preliminary plans
have been completed. This site tour is intended to informally:
(a)
Familiarize Borough officials with the property's existing
features, particularly including scenic views and the site's
relationship to surrounding areas;
(b)
Identify potential site design issues that will need to be addressed;
and
(c)
Discuss site design concepts, including the general layout of
proposed development and open spaces.
(3)
Comments made during the site visit shall not be binding upon the
Borough, and no formal action or recommendation shall be made during
the site visit.
(4)
Prior to the submission of a preliminary plan, applicants are very
strongly encouraged to submit a sketch plan. A sketch plan review
often allows an applicant to save substantial time and engineering
costs, because many concerns about layout and issues concerning Borough
ordinances can be resolved prior to detailed engineering. This can
often reduce the need for future redesign at a more detailed stage,
thereby saving the applicant significant money and time.
(a)
No official action is required on a sketch plan, so it will
not delay the submittal of a preliminary plan.
C.
Submission.
(1)
No less than 28 days prior to a regularly scheduled meeting of the
Borough Planning Commission, the subdivider shall submit seven copies
of the sketch plan, seven copies of any supplementary data, the required
filing fee, and six copies of the application for review of sketch
plan (Form 1[1]) to the Borough.
[1]
Editor's Note: Form 1 is included as an attachment to this chapter.
(2)
In the case of a subdivision or land development adjoining Colebrookdale
or Douglass Township, the subdivider shall submit an additional copy
of the sketch plan to the Borough. The Borough will solicit a review
and report from the Township.
D.
Distribution. The Borough shall distribute the plans and supplementary
data as follows:
(1)
Two copies to the Secretary of the Borough Planning Commission.
(2)
Two (copies) to the County Planning Commission in the case of a sketch
plan for record. The plans and supplementary data shall be accompanied
by one copy of Form 1, the county's referral form, and the required
filing fee.
(3)
Two copies to the Borough Engineer.
(4)
One copy retained by the Borough Secretary for the permanent files
of the Borough Council.
E.
Review by Borough Planning Commission.
(1)
The sketch plan shall be reviewed by the Borough Planning Commission
at one or more regularly scheduled or special meetings. The Commission
shall request the Borough Code Enforcement Officer and the Borough
Engineer to review the sketch plan and submit comments thereon to
the Commission. The Borough Manager may review the plan and comment
as applicable to the Commission.
(2)
Within 15 calendar days after the final meeting at which the sketch
plan is reviewed by the Borough Planning Commission, and not later
than 90 days following the date of the regular meeting of the Commission
next following the date of submittal of the sketch plan to the Borough,
the Commission Secretary will send the comments of the Commission
regarding the sketch plan to the developer and the Borough Council.
F.
Review of sketch plan for record by Borough Council.
(1)
In the case of a sketch plan for record submitted under the minor subdivision (§ 171-14A) or lot annexation (§ 171-14D) provisions of this chapter, after the sketch plan is reviewed by the Borough Planning Commission, the sketch plan shall be reviewed by the Borough Council at one or more regularly scheduled or special meetings and either approved or disapproved by the Council.
(2)
Borough Council shall render its decision 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 the said next regular meeting occur
more than 30 days following the filing of the application, the said
ninety-day period shall be measured from the 30th day following the
day the application has been filed.
(3)
The decision of the Borough Council shall be in writing and shall
be communicated to the applicant personally or mailed to him at his
last known address not later than 15 days following the decision.
(4)
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 this chapter relied upon.
(5)
Failure of the Borough Council to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the application in terms as presented
unless the applicant has agreed in writing to an extension of time
or change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect.
(6)
In the case of a sketch plan for record submitted to the County Planning
Commission for review, no official action shall be taken by the Borough
Council until the Council has received the written report of the County
Planning Commission, provided that the report is received within 30
days from the date the plan was forwarded to the County Planning Commission
for review. If such report is not received within 30 days, the Borough
Council may proceed to take action on the plan without consideration
of comments from the County Planning Commission.
A.
Submission.
(1)
Preliminary plans and required supplementary data for all subdivisions and land developments shall be submitted to the Borough Manager for review, unless exempted in § 171-14. Plans shall be submitted by the developer to the Borough no less than 28 days prior to the regularly scheduled meeting of the Borough Planning Commission at which it is to be considered. The Planning Commission has the right to wave this requirement in its sole discretion.
(2)
Any revised preliminary plan submitted to the Borough for review
shall be submitted by the developer to the Borough Manager no less
than 28 days prior to the regularly scheduled meeting of the Borough
Planning Commission at which it is to be considered. The Planning
Commission has the right to waive this requirement in its sole discretion.
(a)
Official submission of a preliminary plan shall include:
[1]
Submission of four completed Application for Review of preliminary
plan (Form 2[1]).
[1]
Editor's Note: Form 2 is included as an attachment to this chapter.
[2]
Submission of nine black-on-white prints on paper of the preliminary plan which shall comply with the requirements of § 171-16.
[4]
Payment of the filing fee.
[5]
An affidavit that the applicant is the landowner of the land
proposed to be developed and has the authority to proceed on behalf
of all parties claiming any ownership interest therein.
[6]
In the case of a subdivision or land development adjoining Colebrookdale
or Douglass Township, the subdivider shall submit an additional copy
of the preliminary plan to the Borough. The Borough will solicit a
review and report from the Township.
(b)
In the case of a subdivision or land development which proposes
vehicular access or stormwater drainage onto a state route, the subdivider
shall submit the preliminary plan and all supplementary data to the
Pennsylvania Department of Transportation with a request for review
of his proposed access and drainage and shall submit evidence of such
submission to the Borough at the time of preliminary plan submission.
(c)
In the case of a preliminary plan calling for the installation
of improvements beyond a five-year period, a schedule shall be filed
by the applicant delineating all proposed sections as well as deadlines
within which applications for final plan approval of each section
are intended to be filed. Such schedule shall be updated annually
by the applicant on or before the anniversary of the preliminary plan
approval, until final plan approval of the final section has been
granted and any modification in the aforesaid schedule shall be subject
to approval of the Borough Council in its discretion. Each section
in any residential subdivision or land development, except for the
last section to be developed, shall contain a minimum of 25% of the
total number of dwelling units as depicted on the preliminary plan,
unless a lesser percentage is approved by the Borough Council in its
discretion.
(d)
Failure of the subdivider to submit all items required under § 171-10A(2)(a), (b) and (c), or failure of the preliminary plan to comply with the requirements of § 171-16, shall be grounds for the Borough Manager to refuse to accept the preliminary plan for review.
B.
C.
Review by Borough Planning Commission. When a preliminary plan has
been accepted for review by the Borough Manager, the Borough Planning
Commission shall review the preliminary plan at one or more regularly
scheduled or special meetings.
(1)
The Borough Engineer shall review the preliminary plan to determine
whether the preliminary plan meets the requirements of this chapter
and submit a written report thereon to the Borough Planning Commission.
(2)
The Borough Code Enforcement Officer shall review the preliminary
plan to determine whether the preliminary plan meets the requirements
of the Borough Zoning Ordinance[2] and other applicable codes and submit a written report
thereon to the Borough Planning Commission.
(3)
The Borough Manager shall review the preliminary plan to determine
its conformance to the Borough Public improvements Requirement Manual
and other utility requirements. The Borough Manager shall submit a
written report to the Borough Planning Commission and recommend changes,
alterations or modifications, as he may deem necessary.
(4)
After the final meeting at which the preliminary plan is reviewed
by the Borough Planning Commission, the Commission shall notify the
Borough Council, in writing, of its comments regarding the preliminary
plan. The Commission may recommend that the preliminary plan be approved,
be approved subject to conditions, or be disapproved. If the Commission
recommends that the preliminary plan be disapproved because the provisions
of this chapter have not been met, the specific provisions of this
chapter which have not been met shall be noted. The Commission will
notify Borough Council within 15 days after the final meeting at which
it reviews the preliminary plan.
D.
Review by Borough Council. After a preliminary plan has been reviewed
by the Borough Planning Commission and the written comments of the
Commission regarding the preliminary plan have been forwarded to the
Borough Council, the plan shall be reviewed at one or more regularly
scheduled or special meetings by the Borough Council.
(1)
No official action shall be taken by the Borough Council with respect
to a preliminary plan until the Borough has received the written report
of the County Planning Commission, provided the report is received
within 30 days from the date the preliminary plan was forwarded to
the County Planning Commission for review. If such report is not received
within 30 days, the Borough Council may proceed to take action on
the preliminary plan without consideration of comments from the County
Planning Commission.
(2)
Before acting on a preliminary plan, the Borough Council may hold
a public hearing thereon after public notice.
(3)
The decision of the Borough Council regarding the preliminary plan
shall be in writing and shall be communicated to the applicant personally
or mailed to him by certified mail at his last known address not later
than 15 days following the decision. If delivered personally, the
applicant shall give the Borough a receipt indicating he has received
the decision.
(4)
The Borough Council shall render its decision and communicate it
to the applicant not later than 90 days following the date of the
regular meeting of the Borough Planning Commission next following
the date the application is filed, provided that should the said next
regular meeting occur more than 30 days following the filing of the
application, the said ninety-day period shall be measured from the
30th day following the day the application has been filed. The subdivider
may grant an extension of time to the Borough. Failure of the Borough
Council to render a decision and communicate it to the applicant within
the time and in the manner required herein shall be deemed an approval
of the application in terms as presented unless the applicant has
agreed, in writing, to an extension of time or change in the prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change in manner of presentation
of communication shall have like effect.
(5)
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 this chapter relied upon.
(6)
Borough Council may approve a preliminary plan subject to conditions
acceptable to the applicant, provided that the applicant indicates
his written acceptance of those conditions to the Borough Council
within 10 days of the date of the written notification from the Borough
Council. Approval of a preliminary plan shall be rescinded automatically
upon the applicant's failure to accept or reject such conditions
within 10 days.
(7)
If the preliminary plan proposes a staging plan calling for the submission
of the final plan in sections, the boundaries of the sections as well
as the order and timing of submittal of the final plans therefor,
shall be subject to the approval of Borough Council. In approving
a staging plan, Borough Council, in its discretion, may:
(a)
Impose conditions to the development of any single stage, phase
or section which shall be complied with prior to the commencement
of the next or any subsequent stage, phase or section of the subdivision
or land development; and
(b)
Impose conditions which shall be met by the developer within
a time period specified by Borough Council, said time period to commence
after the completion of any stage, phase or section if development
of the subsequent stage, phase or section during which such conditions
were to be met is not commenced within said time period, and
(c)
Impose conditions which must be met within a time period specified
by Borough Council in the event of a subsequent change in the use
of the buildings constructed within the subdivision or land development;
and
(d)
Require any or all conditions imposed by the Borough Council
to be set forth and included on the final or recorded plan pertaining
to any or all stages, phases or sections of the subdivision or land
development prior to the recording of any such final or recorded plan.
(8)
The approval of a preliminary plan does not authorize the recording
of a subdivision or land development plan nor the sale, lease or transfer
of lots, nor the construction of dwellings or other buildings. Approval
is only an expression of approval of a general plan to be used in
preparing the final subdivision or land development plan for final
approval and recording upon fulfillment of all requirements of this
chapter.
A.
Submission.
(1)
Within 12 months after approval of the preliminary plan by the Borough
Council, the developer shall submit a final plan and all required
supplementary data to the Borough Manager unless an extension of time
is granted by the Council. If an extension is not granted, failure
to submit the final plan within 12 months may result in a determination
by the Borough Council that it will consider any plat submitted after
12 months as a new preliminary plan.
(2)
The final plan shall be submitted to the Borough Manager no less
than 28 days prior to the regularly scheduled meeting of the Borough
Planning Commission at which it is to be considered. The Planning
Commission has the right to waive this requirement in its sole discretion.
(3)
Any revised final plan submitted to the Borough for review shall
be submitted by the developer to the Borough Manager no less than
28 days prior to the regularly scheduled meeting of the Borough Planning
Commission at which it is to be considered. The Planning Commission
has the right to waive this requirement in its sole discretion.
(a)
Official submission of a final plan shall include:
[1]
Submission of four completed Application for Review of Final
Plan (Form 3[1]).
[1]
Editor's Note: Form 3 is included as an attachment to this chapter.
[2]
Submission of nine black-on-white prints on paper of the final plan which shall comply with the requirements of § 171-17.
[4]
Submission of evidence of review of an erosion and sediment
control plan by the Berks County Conservation District.
[5]
Submission of evidence that the final plan has been submitted
to the telephone, cable television, gas and electric companies which
will serve the subdivision or land development.
[6]
An affidavit that the applicant is the landowner of the land
proposed to be developed and has the authority to proceed on behalf
of all claiming any ownership interest therein.
[7]
In the case of a subdivision or land development adjoining Colebrookdale
or Douglass Township, the subdivider shall submit an additional copy
of the final plan to the Borough. The Borough will solicit a review
and report from the Township.
(b)
Failure of the subdivider to submit all items required under § 171-11A(3)(a), or failure of the final plan to comply with the requirements of § 171-17, shall be grounds for the Borough Manager to refuse to accept the final plan for review.
(c)
The Borough Council may permit the subdivider to submit: a final plan in sections in accordance with the schedule provided for in § 171-10A(2)(c) subject to such requirements or improvements guarantees in future sections as it finds essential for the protection of any finally approved section of the subdivision or land development.
(d)
The final plan shall conform to the approved preliminary plan,
except that it shall incorporate all modifications required by the
Borough Council in its approval of the preliminary plan. Failure to
comply with the past reviews shall constitute grounds for the Borough
Council to disapprove the final plan.
C.
Review by Borough Planning Commission. When a final plan has been
accepted for review, the Borough Planning Commission shall review
the final plan at one or more regularly scheduled or special meetings.
(1)
Submission of written reports.
(a)
The Borough Engineer shall review the final plan to determine
whether the final plan meets the requirements of this chapter and
submit a written report thereon to the Borough Planning Commission.
(c)
The Borough Manager shall review the final plan to determine
its conformance to the Borough Public Improvements Requirement Manual
and other utility requirements. The Borough Manager shall submit a
written report to the Borough Planning Commission and recommend changes,
alterations or modifications, as he may deem necessary.
(2)
After the final meeting at which the final plan is reviewed by the
Borough Planning Commission, the Commission shall notify the Borough
Council, in writing, of its comments regarding the plan. The Commission
may recommend that the final plan be approved or disapproved. If the
Commission recommends that the final plan be disapproved because the
provisions of this chapter have not been met, the specific provisions
of this chapter which have not been met shall be noted. The Commission
will notify Borough Council within 15 days after the final meeting
at which it reviews the final plan.
D.
Review by Borough Council. After a final plan has been reviewed by
the Borough Planning Commission and the written comments of the Commission
regarding the plan have been forwarded to the Borough Council, the
plan shall be reviewed by the Borough Council at one or more regularly
scheduled or special meetings.
(1)
If the final plan has been forwarded to the County Planning Commission
for review, no official action shall be taken by the Borough Council
with respect to the final plan until the Borough has received the
written report of the County Planning Commission, provided that the
report is received within 30 days from the date the final plan was
forwarded to the County Planning Commission for review. If such report
is not received within 30 days, the Borough Council may proceed to
take action on the final plan without consideration of comments from
the County Planning Commission.
(2)
Before acting on a final plan, the Borough Council may hold a public
hearing thereon after public notice.
(3)
The Borough Council shall render its decision 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 the said next regular
meeting occur more than 30 days following the filing of the application,
the said ninety-day period shall be measured from the thirtieth day
following the day the application has been filed. Failure of the Borough
Council to render a decision and communicate it to the applicant within
the time and in the manner required herein shall be deemed an approval
of the application in terms as presented unless the applicant has
agreed, in writing, to an extension of time or change in the prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change in manner of presentation
of communication shall have like effect.
(4)
The decision of the Borough Council shall be in writing and shall
be communicated to the applicant personally or mailed by certified
mail to him at his last known address not later than 15 days following
the decision. If delivered personally, the applicant shall give the
Borough a receipt indicating he has received the decision.
(5)
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.
A.
Subdivision improvements agreement.
(1)
No final plans shall be endorsed by the Borough Council unless an
improvements agreement in a form acceptable to the Borough Council
and Borough Solicitor is executed. A unit breakdown of all improvements
required by this chapter pursuant to Form 4[1] shall be included with such agreement.
[1]
Editor's Note: Form 4 is included as an attachment to this chapter.
B.
Completion and guarantee of improvements.
(1)
No final plan shall be endorsed by the Borough Council unless all
the improvements required by this chapter and the improvements agreement
have been installed, inspected and approved, in accordance with this
chapter and said agreement.
(2)
Procedure for financial security.
(a)
In lieu of the completion of any improvements as stated in § 171-12B(1) above, prior to endorsement of the record plan, the subdivider shall deposit with the Borough a financial security in an amount sufficient to cover the cost of all improvements or common amenities required by this chapter and the improvements agreement and the cost of preparing as-built drawings of those improvements. The financial security may be in the form of an irrevocable letter of credit or restrictive or escrow account in a federal or commonwealth chartered lending institution or other type of financial security which the Borough Council approves. The financial security shall guarantee the completion of all required improvements on or before the date fixed in the formal action of approval or accompanying improvements agreement for completion of the improvements.
(b)
The subdivider shall also submit a cash deposit to the Borough
to cover the cost established by the Borough for improvements materials
and labor to be provided by the Borough pursuant to the improvements
agreement.
(c)
When requested by the developer, in order to facilitate financing,
the Borough Council shall furnish the developer with a signed copy
of a resolution indicating approval of the final plan contingent upon
the developer obtaining a satisfactory financial security. The record
plan shall not be signed nor recorded until the improvements agreement
is executed. The resolution or letter of contingent approval shall
expire and be deemed to be revoked if the improvements agreement is
not executed within 90 days unless a written extension is granted
by the Borough Council; such extension shall not be unreasonably withheld
and shall be placed in writing at the request of the developer.
(d)
The amount of the financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually the Borough may adjust the amount
of the financial security by comparing the actual cost of the improvements
which have been completed and the estimated cost for the completion
of the remaining improvements as of the expiration of the ninetieth
day after either the original date scheduled for completion or a rescheduled
date of completion. Subsequent to said adjustment, the Borough may
require the developer to post additional security in order to assure
that the financial security equals said 110%. Any additional security
shall be posted by the developer in accordance with this subsection.
(e)
The amount of financial security required shall be based upon
an estimate of the cost of completion of the required improvements,
submitted by an applicant and prepared by an engineer and certified
by such engineer to be a fair and reasonable estimate of such cost.
Such estimate shall be submitted to the Borough no less than 14 days
prior to the meeting of the Borough Council at which such estimate
is to be considered. The Borough Council, upon the recommendation
of the Borough Engineer, may refuse to accept such estimate for good
cause shown. If the applicant and the Borough Council are unable to
agree upon an estimate, then the estimate shall be recalculated and
recertified by another engineer chosen mutually by the Borough and
the applicant. 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.
(f)
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 the financial security may
be increased by an additional 10% for each one-year period beyond
the first anniversary date of 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 initial
one-year period.
(g)
The party posting the financial security may request the Borough
Council to release or authorize release, from time to time, such portions
of the financial security necessary for payment to the contractors
performing the work. Any such requests shall be in writing addressed
to the Borough Council, and the Council shall have 45 days from receipt
of such requests within which to allow the Borough Engineer to certify,
in writing, to the Borough Council that such portion of the work upon
the improvements has been completed in accordance with the approved
subdivision or land development plan. Upon such certification, the
Borough Council shall authorize release by the bonding company or
lending institution of an amount as estimated by the Borough Engineer
fairly representing the value of the improvements completed. If the
Borough Council fails to act within said forty-five-day period, the
Council shall be deemed to have approved the release of funds as requested.
The Borough Council may, prior to final release at the time of completion
and certification by the Borough Engineer, require retention of 10%
of the estimated cost of the aforesaid improvements.
(h)
In the case where development is projected over a period of
years, the Borough may authorize submission of final plans by sections
or stages of development, subject to such requirements or improvements
guarantees in the future sections or stages of development as it finds
essential for the protection and proper development of any finally
approved section of the development.
C.
Remedies to effect completion of improvements. In the event that
any improvements which are required by this chapter have not been
installed as provided in this chapter or in accord with the approved
final plan, the Borough may enforce any improvements agreement by
appropriate legal and equitable remedies. If the proceeds of such
improvements guarantee are insufficient to pay the cost of installing
or making repairs or corrections to all the improvements covered by
said financial security, the Borough may, as its option, install part
of such improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover
the moneys necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the improvements guarantee
or from any legal or equitable action brought against the developer,
or both, shall be used solely for the installation of the improvements
covered by such financial security.
D.
Release of improvements guarantee.
(1)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Borough Council, by certified
or registered mail, of the completion of the improvements and shall
send a copy of the notice to the Borough Engineer.
(2)
The Borough Council shall, within 10 days after receipt of notice
of completion of improvements, direct and authorize the Borough Engineer
to inspect the improvements. The Borough Engineer shall then submit
a written report regarding the improvements to the Council and promptly
mail a copy of the report to the developer by certified or registered
mail.
(3)
The report shall be made and mailed by the Borough Engineer within
30 days after receipt of authorization from the Borough Council. The
report shall be detailed and shall indicate approval or rejection
of the improvements, either in whole or in part. If the improvements
or any portion thereof shall not be approved or shall be rejected
by the Borough Engineer, the report shall contain a statement of reasons
for such nonapproval or rejection.
(4)
The Borough Council shall notify the developer within 15 days of
receipt of the Engineer's report, in writing by certified or
registered mail, of its action.
(5)
If any portion of the improvements shall not be approved or shall
be rejected by the Borough Council, the developer shall proceed to
complete the improvements, and upon completion the same procedure
of notification as outlined above shall be followed.
(6)
When completed improvements have been approved by the Borough, the
improvements guarantee shall be reduced by no more than the amount
which was estimated in the improvements agreement for the approved
improvements.
E.
Preparation of as-built plans.
(1)
As-built plans for all improvements within the subdivision or land development listed in the subdivision improvements agreement shall be submitted to the Borough within 30 days after inspection and approval of the improvements by the Borough and prior to the release of the improvements guarantee and acceptance of any such improvements by the Borough. Plans shall be in accordance with the requirements of § 171-17 of this chapter, be Mylars in reproducible form, and certified by the developer's engineer to be in accordance with actual construction. The location and elevation of all sewer laterals and water services shall also be indicated. The developer shall be responsible for the preparation of such plans.
(2)
If any information relating to potential lot owners shown on the
recorded plan shall have been changed, such as lot boundaries, easements,
and maintenance responsibilities, a revised subdivision and/or land
development plan shall be filed with the Borough in accordance with
the procedures of this chapter.
F.
Maintenance guarantee. Where the Borough Council accepts dedication
of all or some of the required improvements within a subdivision or
land development following completion, the Borough Council may require
the posting of a maintenance guarantee to secure structural integrity
of said improvements as well as the functioning of said improvements
in accordance with the design specifications as depicted on the final
plan for a term not to exceed 18 months from the date of acceptance
of dedication. The maintenance guarantee shall be of the same type
as permitted for installation of improvements, and the amount of the
maintenance guarantee shall not exceed 15% of the actual cost of installation
of the improvements.
A.
Endorsement by Borough Council. After the procedures required by
this chapter have been completed and the Borough Council approves
the final plan, the Borough Planning Commission shall sign and the
Borough Council shall endorse at least seven copies of the final plan
or sketch plan for record.
(1)
The endorsed plans shall be clear and legible black-on-white prints
on material acceptable to the Recorder of Deeds.
(2)
Before any final plan is released for recording, a copy of any permits
required by the Pennsylvania Departments of Environmental Protection
and Transportation shall be submitted to the Borough.
(3)
The Borough shall receive one reproducible reproduction of the final
plan as approved and recorded within 15 days of recording. The reproducible
reproduction shall contain the Recorder of Deeds information as to
Deed Book Volume and date of recording.
(4)
The developer shall agree with the Borough to tender, if requested,
a deed of dedication for any and all public improvements, including
easements. Upon completion of any public improvements shown on an
approved subdivision or land development plan and within 90 days,
after approval of such public improvements, as herein provided, the
Borough may require that the developer offer such public improvements
for dedication. In such a case, the developer shall prepare a deed
of dedication and forward same to the Borough for review by the Borough
Solicitor. The Borough may require that the developer supply a title
insurance certificate from a reputable title insurance company before
any property is accepted by the Borough.
B.
Filing with Recorder of Deeds.
(1)
Upon approval of a final plan or sketch plan of record by the Borough Council or the acceptance of the conditions of a conditional approval by the applicant in case of a plan approved subject to conditions, the developer shall, within 90 days of such final approval or acceptance of conditions, complete all conditions of approval and comply with all requirements of § 171-12. After the applicant's completion of all conditions of approval and compliance with all requirements of § 171-12, the Borough Council may endorse the record plan. The developer shall, within 90 days of such endorsement, record the plan in the office of the Recorder of Deeds. The Recorder of Deeds shall not accept any plan for recording unless the plan contains the endorsement of the Borough Council and official notification of review by the County Planning Commission. Endorsement of the Borough Council shall consist of the signature of the President of the Council and the Borough Secretary and the Borough Seal on the plan. The developer should contact the County Recorder of Deeds Office to determine all applicable requirements for recording. If the subdivider fails to record the plan within such period, the approval action of the Borough Council shall be null and void. If the approval action becomes null and void, then a preliminary plan must be submitted, unless Borough Council for cause shown allows a final plan to be submitted.
(2)
All final plan sheets which contain restrictive notes, lot boundaries,
easements, maintenance responsibilities, other lot owner responsibilities
and such other information relating to potential lot owners shall
be recorded.
A.
Minor subdivision - sketch plan for record. In the case of any subdivision in which all lots will have frontage on and direct vehicular access to an existing improved Borough or state street, the parcel being subdivided will be divided into a total of not more than three lots or parcels after the effective date of this chapter, and the lots will be used for only single-family detached dwellings, the developer may submit only a sketch plan for record to the Borough. The sketch plan shall contain all information required by § 171-15 of this chapter and be submitted and reviewed in accordance with § 171-9. The sketch plan shall be submitted to the County Planning Commission for review. The Borough Council may also require submission to and review by the County Conservation District when recommended by the Borough Engineer. Submission to and review by the Pennsylvania Department of Transportation may be required if there is frontage on a state street. Further subdivision from a tract subdivided under this section or subdivision of a lot or tract created under this section will require a review of plans in accordance with the standard procedures of this chapter, and this shall be noted on the sketch plan for record.
B.
Resubdivision - revised final plan.
(1)
Any resubdivision of land, including changes to recorded plans, shall
be considered a subdivision and shall comply with all requirements
of this chapter; however, in those instances where only lot lines
shown on a recorded plan will be changed, all resultant lots will
conform to the Borough Zoning Ordinance and this chapter, easements
will not be changed, street horizontal and vertical alignment will
not be changed, block sizes will not be changed, utility sizes and
locations will not be changed, open space and recreation areas will
not be changed, and the number of lots will not be increased, the
Borough Council may, at its discretion, permit the developer to submit
only a revised final plan to the Borough for review.
(3)
If
the revision of lot lines would result in the relocation of driveway
access points previously approved by PennDOT, the Borough Council
shall require submission of the revised final plan to PennDOT for
approval.
C.
Auction sale. In the case of the proposed subdivision of land by
process of auction sale, the following procedure may be used by the
developer.
(1)
The developer shall prepare and submit a preliminary plan in accordance
with the requirements of this chapter.
(2)
The preliminary plan shall comply with the requirements of this chapter
and in addition contain the following notation:
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This property is intended to be sold by auction on or about
_______________, 20___, 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 occur until a final plan showing such subdivision of property
is approved by the Borough Council in accordance with the Borough
Subdivision and Land Development Ordinance and recorded in the office
of the County Recorder of Deeds.
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(3)
After approval of the preliminary plan by the Borough Council, the
auction sale may proceed. After the auction sale, the developer shall
prepare and submit a final plan in accordance with this chapter.
D.
Lot annexations - sketch plan for record. Where the conveyance, sale or transfer of land from one parcel to an adjacent parcel is proposed for the sole purpose of increasing lot size, and not for the purpose of creating a separate new lot or a land development, the developer may submit only a sketch plan for record to the Borough. The sketch plan shall contain all information required by § 171-15 of this chapter and be submitted and reviewed in accordance with § 171-9. Precise bearings and distances from field survey shall be shown for the parcel being transferred, and evidence shall be submitted that the parcel from which a parcel is being transferred will not violate or further violate, as the case may be, any requirement of the Borough Zoning Ordinance[1] or other Borough regulations. If development is subsequently
proposed for the parcel which has been increased in size, no building
or zoning permit shall be issued unless all applicable requirements
of Borough regulations are complied with. The subdivision plan shall
contain a notation that the parcel being transferred is not to be
considered a separate building lot.
E.
Abbreviated subdivision - final plan. In the case of any subdivision in which all proposed lots will have frontage on and direct vehicular access to an existing improved Borough or state street, the parcel being subdivided will be divided into more than three but not more than six lots or parcels, and the lots will be used for only single-family detached dwellings, the Borough Council may, at its discretion, permit the developer to submit only a final plan to the Borough, rather than both preliminary and final plans. The final plan shall contain all information required by § 171-17 of this chapter and shall be submitted and reviewed in accordance with § 171-11. The final plan shall be submitted to the County Planning Commission for review. Submission to and review from the County Conservation District shall be required when recommended by the Borough Engineer. Submission to and review by the Pennsylvania Department of Transportation may be required if there is frontage on a state street. Further subdivision from a tract subdivided under this section or subdivision of a lot or tract created under this section will require a review of plans in accordance with the standard procedures of this chapter, and this shall be noted on the final plan.
F.
Exempted land developments - final plan. In the case of a land development consisting of a single nonresidential building or two single-family detached dwellings on a lot or lots, the developer may submit only a final plan to the Borough. The final plan shall contain all information required by § 171-17 of this chapter and shall be submitted and reviewed in accordance with § 171-11. The final plan shall be submitted to the County Planning Commission for review. Submission to and review from the County Conservation District shall be required when recommended by the Borough Engineer. Submission to and review by the Pennsylvania Department of Transportation may be required if there is frontage on a state street.
G.
Requirements pertaining to curb and sidewalk. The sketch plan for record referred to in § 171-14A above and the final plan referred to in § 171-14E and F above shall provide for the installation of curb and sidewalk adjacent to all existing and proposed public streets within the proposed subdivision in accordance with § 171-41D of this chapter.
