Before preliminary and final approval of any
plans of subdivision or land development, said plans shall first be
submitted along with applicable county review fees to the Delaware
County Planning Commission for review and report pursuant to Section
502 of the Municipal Planning Code.[1] Pending receipt and consideration of such report, the
Borough of Aldan shall defer final action on any proposed subdivision
or land development plans; provided, however, that if a report of
the Delaware County Planning Commission is not received by the Borough
of Aldan within 30 days from submission of said plans to the Delaware
County Planning Commission or within such further time as may be agreed
upon between the Borough Council and the Delaware County Planning
Commission, then the Borough Council may proceed to finally pass on
the subdivision or land development plans as submitted.
[1]
Editor's Note: See 53 P.S. § 10502.
To facilitate the fullest possible response
from the Planning Commission, the applicant is encouraged to submit
the following items:
A.
Name and address of the owner/applicant.
B.
Name and address of the applicant's engineer, surveyor,
planner, architect or landscape architect, or landscape architecture,
if available.
C.
Written and graphic scale. The plan need not be to
exact scale, nor are precise dimensions required.
D.
The title "Sketch Plan."
E.
Approximate tract boundaries.
F.
North point.
G.
Location map.
H.
Streets on and adjacent to the tract.
I.
Significant topographical and physical features, including
contours (maximum ten-foot intervals).
J.
General location of wooded areas.
K.
Proposed general lot, building and street layout.
L.
In the case of land development plans, proposed general
layout, including building locations, parking lots and open spaces.
A.
All applicants for subdivision or land development
are encouraged to submit a sketch plan to the Borough Planning Commission
for review prior to submissions of a formal application. Submission
of a sketch plan does not constitute an official application for subdivision
or land development.
B.
For information purposes, 11 copies of the sketch
plan (identified as "Sketch Plan") are recommended to be submitted
to the Planning Commission.
C.
No fee nor application is required for submission
of a sketch plan.
A.
The Planning Commission shall consider the sketch
plan at a regularly scheduled meeting and provide informal dialogue
with the applicant. The applicant shall inform the borough of his/her
interest in a sketch plan review in order to be placed on the agenda
of the Planning Commission.
B.
The Planning Commission shall consider the suitability
of the sketch plan for the development of the land and its relationship
to the extension of streets, access points, arrangement and density
of proposed use, the compatibility of the proposal with the objectives
and recommendations of the Borough Comprehensive Plan and consistency
with the Borough Zoning Ordinance.[1]
C.
The applicant may but need not request further review
of the sketch plan by the Planning Commission. Upon receiving written
request by the applicant, the Planning Commission may consider the
sketch plan. If the Planning Commission does review the sketch plan,
the Planning Commission may meet with the applicant and may advise
the applicant as to the concerns of the Planning Commission. However,
the Planning Commission is not required to review the sketch plan
nor to submit comments to the applicant if the Planning Commission
does review the plan.
A.
All preliminary plans submitted pursuant to this chapter shall conform to the requirements of § 220-12.
B.
All preliminary plan applications shall be submitted
to the Borough Subdivision Officer or designee 10 working days prior
to the next regular meeting of the Planning Commission. The Borough
Subdivision Officer shall determine whether the application represents
a complete and official submission using the following criteria:
(1)
Six copies of the official borough application for
preliminary review form, one being notarized by an affidavit of ownership
or equitable ownership and intended use of the land.
(2)
A minimum of 22 prints of the preliminary plan, including
a vicinity plan.
(3)
A minimum of six copies of any supporting information
and plans.
(4)
Payment of required application fees and escrow deposits
as determined by resolution of the Council.
(5)
An executed escrow agreement if required by Council.
C.
The Borough Subdivision Officer shall note the date
of receipt of the application, fees and any escrow deposits. The application
shall not be deemed to be submitted until a complete application and
required fees have been submitted.
D.
Upon receipt of all items comprising a complete and
official submission, the Subdivision Officer shall accept the application.
A.
Official review period.
(1)
The borough shall have 90 days in which to review
and take action on the preliminary plan.
(2)
The ninety-day period shall commence on the date of
the next regularly scheduled Planning Commission meeting following
the date a complete and official submission of a preliminary plan
application was filed with the Subdivision Officer. The applicant
shall submit the application 10 working days prior to the next regular
meeting of the Planning Commission in order to be placed on the agenda.
(3)
Whenever the next regularly scheduled meeting of the
Planning Commission occurs more than 30 days following the filing
of a complete and official submission, the ninety-day period shall
be measured from the 30th day following the day the application is
filed.
(4)
An extension to the ninety-day review period shall
occur only when agreed to, in writing, by both the applicant and the
Council.
B.
Borough Planning Commission.
(1)
The Borough Planning Commission shall review all plans
referred to it and shall consider any recommendations made by any
county agency, the Borough Engineer and any other persons or agencies
who shall have submitted comments with respect to any such application.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
chapters relied upon, to the following:
C.
Borough Council.
(1)
When a preliminary plan has been officially submitted
to Borough Council by the Planning Commission, such plan shall be
placed on its agenda for its review at its next regularly scheduled
meeting.
(2)
In acting on the preliminary subdivision or land development
plan, the Council shall review the plan and the written comments of
the Planning Commission, Borough Engineer, County Planning Commission
and all other reviewing agencies to determine conformity of the application
to the standards of this chapter and any other applicable ordinance.
The Council may specify conditions, changes, modifications or additions
to the application which the Council deems necessary and may make
a decision to grant preliminary approval subject to such conditions,
changes, modifications or additions, citing appropriate ordinance
provisions as prescribed in this chapter.
(3)
The Borough Council shall designate a copy of the
preliminary plan as the official copy. This copy shall include all
necessary corrections as required by the Council. It shall be retained
in the borough's files.
(4)
The decision of the Council shall be in writing and
be communicated to the applicant personally or mailed to the applicant
at his last known address not later than 15 days following the decision
or by the end of said ninety-day period, whichever shall first occur.
The form and content of the decision shall comply with applicable
requirements of Act 247, Section 508.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(5)
Whenever the approval of a preliminary plan is subject
to conditions, the written action of the Council as prescribed herein
shall specify each condition of approval, citing relevant chapter
provisions in each case, and require the applicant's written agreement
to the conditions. Where the applicant's written concurrence is not
received within the time allotted as designated by thee Council, the
Council shall be deemed to have denied approval.
D.
Preliminary plan approval duration of effectiveness.
Approval of any preliminary plan shall be effective for one year only,
after the expiration of which such approval shall be considered canceled
and rescinded unless extended, in writing, by the Borough Council.
A.
Each application for approval of any preliminary plan
shall be accompanied by at least 22 copies of such plan and one vicinity
plan. Each initial application for approval of any plan shall be accompanied
by a filing fee, payable to the borough, Borough Engineer and/or professional
services for their plan reviews, subject to the current fee schedule.
Borough Engineer fees are applicable to all stages of any subdivision.
If the Aldan Borough Council denies any stage of a subdivision, then
a resubmittal of new plans and fees will be required.
B.
A preliminary plan shall consist of and be prepared
in accordance with the following minimum standards:
(1)
Drafting standards.
(a)
The plan shall be drawn to a scale of one inch
equals 10 feet, one inch equals 20 feet, one inch equals 30 feet,
one inch equals 40 feet or one inch equals 50 feet; or to a scale
of one inch equals 100 feet if the average size of the proposed lots
is in excess of five acres.
(b)
Dimensions shall be set in feet, bearing in
degrees, minutes and seconds, with errors of closure not to exceed
one part per 10,000.
(c)
Each sheet shall be numbered and shall show
its relationship to the total number of sheets.
(d)
The plan shall bear an adequate legend to indicate
clearly which features are existing and which are proposed.
(e)
The original drawing and all submitted prints
thereof shall be made on sheets of 24 inches by 34 inches or 18 inches
by 24 inches.
(f)
If the preliminary plan requires more than one
sheet, a master sheet at a scale not smaller than one inch equals
400 feet showing the location of each section shall accompany the
plan.
(2)
Site design and layout standards.
(a)
A location map for the purpose of locating the
site subdivided or developed, at scale of not less than 2,000 feet
to the inch, showing the relation of the tract to adjoining property
and to all streets and municipal boundaries existing within 1,000
feet of any part of the property proposed to be subdivided or developed.
(b)
A series of maps (plans) prepared in accordance with Subsection B(1) with accompanying narrative as needed, showing the following information:
[1]
Proposed subdivision name or identifying title.
[2]
Municipality(s) in which the subdivision is/are
located.
[3]
North point, scale (both written and graphic)
and date.
[4]
Name and address of the owner of the property
and any authorized agent.
[5]
Name, address, seal and signature of the professional
engineer, professional land surveyor or professional architect responsible
for the plan.
[6]
Tract boundaries with bearings and distances,
along with a professional land surveyor's seal and signature as required
by Law Act 367 regarding tract perimeter surveys.
[7]
Contours at vertical intervals of five feet
or, in the case of relatively level tracts, at such lesser intervals
as may be necessary for satisfactory study and planning of the tract.
[8]
Datum to which contour elevations refer. Where
reasonably practicable, datum shall refer to known established elevations.
[9]
All existing watercourses, floodplains, wetland,
tree masses and other significant natural features, including trees
over six inches caliper not located in tree masses.
[10]
All existing buildings, sanitary and storm sewers,
water mains, culverts, petroleum or petroleum products lines, fire
hydrants, gas mains, telephone conduits and other significant man-made
features, including all rim, inverts and grate elevations, as well
as pipe size and makeup for the sanitary and storm sewer.
[11]
All existing streets on or adjacent to the tract,
including name, right-of-way width and cartway width.
[12]
All existing property lines, easements and rights-of-way
and the purpose for which the easements or rights-of-way have been
established.
[13]
Location and width of all proposed streets,
alleys, rights-of-way and easements; proposed lot lines with approximate
dimensions; proposed minimum building setback lines for each street;
playgrounds, public buildings, public areas and parcels of land proposed
to be dedicated or reserved for public use.
(3)
The preliminary plan shall show the names of owners
of all abutting land.
(4)
Where the preliminary plan covers only a part of the
subdivider's entire holding, a sketch shall be submitted of the proposed
street and lot layout for the remainder.
(5)
The preliminary plan shall be at a scale of not more
than 100 feet to the inch.
(6)
Such plan shall show the zoning boundaries, if any,
that traverse or are within 300 feet of the area covered by the plan.
(7)
Such plan shall show such street extensions or spurs
as are reasonably necessary to provide adequate street connections
and facilities to adjoining or contiguous developed or undeveloped
areas.
(8)
Such plans shall show the proposed size and location
of sanitary sewers, storm sewers, water mains, stormwater management
structures and erosion and sedimentation control, along with sufficient
engineering design and calculations to satisfactorily demonstrate
to the Borough Engineer the feasibility of the proposed construction.
(9)
The preliminary plan shall also 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 the profile sheets.
(b)
Tentative profiles along the center line of
each proposed street shown on the preliminary plan. Such profiles
shall show natural and finished grades at one of the following sets
of scales:
[1]
One inch equals 10 feet horizontal, and one
inch equals one foot vertical; or
[2]
One inch equals 20 feet horizontal, and one
inch equals two feet vertical; or
[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.
(c)
Preliminary designs of any bridges or culverts
which may be required. Such designs shall meet all applicable requirements
of the Pennsylvania Department of Transportation and shall be subject
to the approval of the Borough Engineer.
(d)
A narrative describing the general sedimentation
erosion control conservation practices to be employed during construction,
including both temporary and permanent structures.
A.
Within 12 months after approval of the preliminary
plan, a final plan and all necessary supplementary data shall be officially
submitted to the Subdivision Officer or designee. An extension of
time may be granted by the Council where the applicant has successfully
demonstrated that every effort has been made to comply with this requirement.
B.
The final plan shall be submitted 10 working days
prior to the next regularly scheduled Borough Planning Commission
meeting and conforming to the terms of approval of the preliminary
plan and to the most recent administrative regulations adopted by
the Council for such purposes.
C.
The Borough Council may permit submission of the final
plan in sections, each covering a reasonable portion of the entire
proposed subdivision as shown on the approved preliminary plan, but
in no case shall include less than 20% of the total lots or units
as depicted on the approved preliminary plan.
D.
All final plan applications shall be submitted to
the Borough Subdivision Officer. The Borough Subdivision Officer shall
determine whether the application represents a complete and official
submission using the following criteria:
(1)
Six copies of the official borough application for
final review form, one being notarized by an affidavit of ownership
or equitable ownership and intended use of the land.
(2)
A minimum of 22 prints of the final plan, including
a vicinity plan.
(3)
A minimum of six copies of all required supporting
information and plans.
(4)
Payment of required application fees and escrow deposits
as determined by resolution of the Council.
E.
The Borough Subdivision Officer shall note the date
of receipt of the application, fees and any escrow deposits. The application
shall not be deemed to be submitted until a complete application and
required fees have been submitted.
F.
Upon receipt of all items comprising a complete and
official submission, the Subdivision Officer shall accept the application.
A.
Official review period.
(1)
The borough shall have 90 days in which to review
and take action on the final plan.
(2)
The ninety-day period shall commence on the date of
the next regularly scheduled Planning Commission meeting following
the date a complete and official submission of a final plan application
was filed. The applicant shall submit the application 10 working days
prior to the next Planning Commission meeting in order to be placed
on the agenda.
(3)
Whenever the next regularly scheduled meeting of the
Planning Commission occurs more than 30 days following the filing
of a complete and official submission, the ninety-day period shall
be measured from the 30th day following the day the application is
filed.
(4)
An extension to the ninety-day review period shall
occur only when agreed to, in writing, by both the applicant and the
Council.
B.
Borough Planning Commission.
(1)
The Planning Commission shall review the final plan
submitted and shall consider any recommendations of the Borough Engineer
and any other reviewing agency submitting comments.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the action of Planning Commission and
the reasons therefor, citing specific sections of statutes or chapters
relied upon, to the following:
C.
Borough Council.
(1)
When a written report on a final plan has been officially
returned to Borough Council by the Planning Commission, such plan
shall be placed on the agenda of the regularly scheduled meeting of
the Borough Council for review.
(2)
Upon receipt of the Planning Commission's recommendation
and other supporting information, the Borough Council shall, at one
or more regular or special public meetings, review the final plan
and shall, within the time limitations set forth herein below, either
approve or disapprove the plan. Notwithstanding the foregoing procedure,
the Council shall render a decision on all final plans and communicate
it to the applicant not later than 90 days following the date of the
regular meeting of the Planning Commission following the date the
application is filed, provided that should the next regular meeting
occur more than 30 days following the filing of the application, the
ninety-day period shall be measured from the 30th day following the
day the application has been filed.
(3)
The borough shall designate one print of the final
plan as the official copy. This copy shall include all corrections
required by the Borough Council. It shall be retained in the borough
files.
(4)
The decision of the Council shall be in writing and
shall be communicated to the applicant personally or mailed to the
applicant at his last known address not later than 15 days following
the decision or by the end of the ninety-day period, whichever shall
first occur.
(5)
Copies of the final plan as finally approved, with
the appropriate endorsement of the Borough Council and the Borough
Engineer, shall be distributed as follows:
D.
Every final plan approval shall be subject to the
following conditions:
(1)
The applicant shall execute a subdivision and land development agreement in accordance with § 220-19 agreeing with the borough to install all the improvements as required by this chapter and all regulations adopted pursuant hereto.
(3)
The applicant agrees, if requested, to tender a deed
of dedication to the borough for such streets, any and all easements
for sanitary sewers, water lines or storm sewers and public improvements,
including street paving, sidewalks, water mains, any fire hydrants,
sanitary and storm sewers, as are required for the promotion of public
welfare, after all said improvements are completed and such completion
is certified as satisfactory by the Borough Engineer. The Borough
Council may require that the applicant supply a title insurance certificate
from a reputable company before any property is accepted for the borough.
(4)
Whenever the applicant is providing open space as
part of the development, an easement in perpetuity restricting such
open space against further subdivision or development shall be executed
between the applicant and the borough or an organization acceptable
to the borough and shall run to the benefit of the borough and lot
purchasers in the subdivision or land development.
(5)
The applicant shall have applied for all required
permits from agencies having jurisdiction over ancillary matters necessary
to effect the subdivision or land development, such as Pennsylvania
Departments of Transportation and Environmental Protection, Public
Utility Commission and County Health Department (if applicable), as
well as the Army Corps of Engineers.
Final plans shall conform in all important details
to preliminary plans, including any conditions specified by the Council.
A final plan shall consist of and be prepared in accordance with the
following:
A.
Drafting standards.
(1)
Subdivision or land development plans submitted for
review for final approval shall be clear and legible black or blue
on white prints of the drawings. Upon completion of review and for
signature by the Borough Council, clear and legible prints of all
plans shall be submitted. Space shall be provided for signatures by
the Borough Council, Borough Secretary and Borough Engineer on the
title sheet of the plans.
(2)
Final plans shall be made on sheets of 18 inches by 24 inches or 24 inches by 34 inches. Where necessary to avoid sheets larger than the maximum size prescribed above, final plans shall be drawn in two or more sections, accompanied by a key diagram showing relative location of the sections. The scale shall not be less than 100 feet to the inch. All dimensions shall be shown in feet and hundredths of a foot. All drafting standards shall be in accordance with § 220-12B(1).
B.
Site design and layout standards. All information required in § 220-12B(2) and the following additional data:
(1)
The total tract boundary lines of the area being subdivided
with accurate distances to hundredths of a foot and bearings to the
nearest second. 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(s) adjoining additional unplatted land
of the subdivider 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 subdivided in both
square feet and acres. In addition, the engineer or surveyor shall
certify to the accuracy of the survey, the drawn plan and all other
submitted data.
(2)
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 seconds either by magnetic bearings or by
angles of deflection from other lot and street lines.
(3)
Lot numbers, lot areas, both total and net area, in
both acres and square feet, and a statement of the total number of
lots and parcels.
(4)
A statement of the intended use of all nonresidential
lots; a statement of restrictions of any type which exist as covenants
in the deed(s) for all lots contained wholly or in part in the subdivision
and, if covenants are recorded, including the deed book and page number.
(5)
All proposed building and building setback and yard
line requirements for each lot, or the proposed placement of each
building and the proposed location of sanitary sewer laterals.
(6)
The location of all existing and proposed street monuments.
(7)
All easements or rights-of-way where provided for
or owned by public services 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 plans. Easements should be located in cooperation with the
appropriate public utilities.
(8)
Location, size, material used, rim and invert elevations
and percent of grade of all existing and proposed sanitary and storm
sewers and location of all manholes, inlets and culverts. This data
may be submitted as a separate plan.
(9)
If the subdivision proposes a new street intersection
with a state legislative route, the intersection permit number(s)
shall be indicated for all such intersections.
(10)
A certification of ownership, acknowledgment
of plan and offer of dedication shall be affixed on the plan and shall
be duly acknowledged and signed by the owner(s) of the property and
notarized.
(11)
Certificate for approval of the plan by the
Borough Council.
(12)
The name and cartway width and lines of all
existing public streets and the name and location of all other roads
within or adjacent to the property.
(13)
The following data for the center line of the
cartway and both right-of-way lines of all recorded and proposed streets,
within and adjacent to the property:
(a)
Courses and distances with 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 with delta angles, including curved
lot lines and bearings in degrees, minutes and seconds for all straight
lines; and
(b)
The width in feet of the cartway, right-of-way
and of the ultimate right-of-way and (in degrees, minutes and seconds)
of the delta angle of all curved lines, including curved lot lines.
C.
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 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 the center line
of each street.
(b)
Proposed finished grade elevations of 50 stations
along the center line of the street.
(c)
The length of all vertical curves and the station
and elevation of the point of vertical curve and the point of vertical
tangent.
(d)
The station and elevation of all high and low
points along the entire profile.
(e)
The station and elevation of the point of intersection
of all vertical curves.
(f)
Existing and proposed sanitary sewer mains and
manholes, including invert and grade elevations and size and type
of pipe.
(g)
Existing and proposed storm sewer mains, inlets,
manholes and culverts, including invert and grade elevations, size
and type of pipe.
(h)
The percent of slope along the entire roadway
profile with stations and elevations.
(3)
The profile sheets shall be legibly drawn at one of
following sets of scales:
(a)
One inch equals 10 feet horizontal, and one
inch equals one foot vertical.
(b)
One inch equals 20 feet horizontal, and one
inch equals two feet vertical.
(c)
One inch equals 40 feet horizontal, and one
inch equals four feet vertical.
(d)
One inch equals 50 feet horizontal, and one
inch equals five feet vertical.
(4)
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.
(5)
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 subdivided.
(6)
Sedimentation and erosion control plan, as defined under § 220-16, shall be subject to review by the borough and the County Conservation District.
(7)
A plan for the surface drainage of the tract to be
subdivided. Such plan shall include stormwater runoff calculations
for the entire property being subdivided and shall show the proposed
method of accommodating the anticipated runoff which shall be subject
to the approval of the Borough Engineer.
A.
The sedimentation and erosion control plan is required
to accompany all proposals for final subdivision or land development
review and shall be clearly drawn to the same scale as that of the
final plans.
B.
The sedimentation and erosion control plan shall be
in accordance with borough regulations and show the tract boundaries
of the property being subdivided or developed and proposed lot boundaries
if the property is to be subdivided and shall show:
(1)
Contour lines at vertical intervals of not more than
two feet for land with average natural slope of 15% or less and at
intervals of not more than five feet for land with average natural
slope exceeding 15%. Contours shall depict existing grades for the
entire site and finished grade and spot elevations for all proposed
street construction as well as all other public improvements, along
with all proposed grading related to building, driveway and parking
construction.
(2)
Location and elevation to which contour elevations
refer. The datum used shall be a known established bench mark.
(3)
All existing watercourses, flood hazard areas, wetlands
and slopes in excess of 15%, tree masses and individual trees of a
tree mass over six inches diameter at breast height and other significant
natural features within the proposed subdivision or land development.
(4)
Location and results of any prior soil percolation
tests whenever on-site disposal of sewage is planned.
(5)
Locations and descriptions of all soil types, together
with notation indicating whether such information is based upon United
States Geological Survey (USGS) Soil Survey information or actual
field studies.
(6)
Location, type, cross section and profile of all temporary
and permanent erosion, sedimentation and surface water runoff control
measures, including grasses, waterways, diversions, debris basins
or ponds, structures for water diversion and control, open drains
and tile, proposed duration of such measures, where temporary, and
supporting data assuring compliance with the erosion control standards
and specifications of the USDA Soil Conservation Service as then adopted
for use by the Delaware County Conservation District.
(7)
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.
C.
An accompanying narrative describing conservation
techniques to be incorporated during the project, including but not
limited to:
(1)
General description of the project;
(2)
General description of accelerated erosion control;
(3)
General description of sedimentation control;
(4)
General description of stormwater management, both
during and after construction, including both temporary and permanent
structures, devices and methods;
(5)
Time schedule for the installation and completion
of all stormwater management facilities as it relates to the development
of the project and the expected date that final stabilization will
be completed; and
(6)
Demonstration of compliance with the applicable standards
of Chapter 102, Section 414, of the Soil and Erosion Control Manual
of the Pennsylvania Department of Environmental Protection.
A.
Upon completion of the procedures outlined under this
article, all endorsements shall be indicated on the record plan and
on as many other copies of the final plan as may be desired. No subdivision
plan may be legally recorded unless it bears the seal of the borough
and is also stamped by the county reflecting its review.
B.
After endorsement by the borough, the subdivider shall
file the record plan with the County Recorder of Deeds within 90 days
of the date of final approval by the borough. If the subdivider fails
to record the final plan within such period, the action of the borough
shall be null and void, unless an extension of time is granted, in
writing, by the borough upon written request by the applicant.
A.
All applications for resubdivision shall be classified
as minor subdivision proposals and shall follow the final plan review
procedures.
B.
All resubdivision plan applications shall be submitted
to the Borough Subdivision Officer or designee. The Borough Subdivision
Officer shall determine whether the application represents a complete
and official submission using the following criteria:
(1)
Six copies of the official borough application for
resubdivision review form; one being notarized by an affidavit of
ownership and intended use of the land.
(2)
Twenty-two prints of the resubdivision plan.
(3)
Payment of required application fees as determined
by resolution of the Borough Council.
C.
In making any alterations, the following shall be
observed:
The applicant shall execute an agreement, to
be approved by the borough, pending the review of the Borough Solicitor,
before the final plan is released by the Borough Council and filed
on record. Said agreement shall specify the following, where applicable:
A.
The applicant agreed that he will lay out and construct
all streets and other public improvements, including grading, paving,
sidewalks, fire hydrants, water mains, street signs, shade trees,
storm and sanitary sewers, landscaping, traffic control devices, open
space areas and 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.
B.
The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the borough, as specified in § 220-20B of this chapter.
C.
The applicant agrees to have prepared a deed(s) of
dedication to the borough for such streets and for such easements
for sanitary and storm sewers, sidewalks and other public improvements,
provided that the borough shall not accept dedication of such improvements
until their completion is certified as satisfactory by the Borough
Engineer.
D.
Whenever an applicant proposes to establish or continue
a street which is not offered for dedication to public use, the Borough
Council shall require the applicant 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 and signed by him and which shall
establish the conditions under which the street may later be offered
for dedication and shall stipulate, among other things, that:
(1)
An offer to dedicate the street shall be made only
for the street as a whole.
(2)
The borough shall not be responsible for repairing
or maintaining any undedicated street.
(3)
The method of assessing repair and maintenance costs
of undedicated streets be stipulated and be set forth in recorded
deed restrictions so as to be binding on all successors or assigns.
(4)
If dedication is to be sought, the street shall conform
to borough specifications or the owners of the abutting lots shall,
at their own expense, restore the streets to conformance with borough
specifications.
A.
The applicant shall deposit with the borough financial
security in an amount sufficient to cover the cost of all improvements,
both public and private, and common amenities, including but not limited
to streets, walkways, shade trees, stormwater detention and/or retention
facilities, pipes and other related drainage facilities, recreational
facilities, open space improvements, buffer or screen plantings and
water mains and other water supply facilities, fire hydrants and sanitary
sewers and/or sanitary sewage disposal facilities.
B.
Financial security required herein shall be in the
form of a federal or commonwealth chartered lending institution, a
restrictive or escrow account in such institution or with a financially
responsible bonding company or such other type of financial security
which the borough may, in its reasonable discretion, approve. The
bonding company may be chosen by the party posting the financial security,
provided that said bonding company or lending institution is authorized
to conduct business within the commonwealth and stipulates that it
will submit to Pennsylvania jurisdiction and Delaware County venue
in the event of legal action.
C.
The financial security shall provide for and secure
to the public the completion of all subdivision improvements for which
such security is being posted within 18 months of the date fixed in
the subdivision plan and subdivision agreement for completion of such
improvements.
D.
The amount of financial security shall be equal to
110% of the cost of the required improvements at the anticipated construction
date, for which financial security is to be posted. The cost of the
improvements shall be established by:
(1)
Submission to the Borough Council of bona fide bid
or bids from the contractor or contractors chosen by the party posting
the financial security to complete the improvements; or
(2)
In the absence of such bona fide bids, the costs shall
be established by estimate prepared by the Borough Engineer.
E.
If the party posting the financial security requires
more than 18 months from the date of posting of the financial security
to complete the required improvements, the amount of financial security
shall be increased by an additional 10% for each one-year period beyond
the first anniversary date from posting of financial security or to
an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
eighteen-month period by using the above bidding procedure.
F.
In the case where development is projected over a
period of years, the Borough Council may authorize submission of final
plans by section or stage of development, subject to such requirements
or guaranties as to improvements in the future sections or stages
of development as it finds essential for the protection of any finally
approved section of the development.
G.
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Borough Council to release or authorize to be released, from time
to time, such portions of the financial security necessary for payment
to the contractor or contractors performing the work. Any such requests
shall be in writing addressed to the Borough Council, and the Council
shall have 45 days from receipt of such request within which to allow
the Borough Engineer to certify, in writing, that such portion of
the work upon the improvements has been completed in accordance with
the approved plans. Upon such certification, the 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. The Borough Engineer, in certifying
the completion of work for a partial release, shall not be bound to
the amount requested by the applicant, but shall certify to the Council
his independent evaluation of the proper amount of partial releases.
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.
A.
No construction or land disturbance activities, with
the exception of soil or percolation testing, well drillings or similar
engineering or surveying activities, shall be commenced until the
applicant submits to the Borough Secretary a copy of the Recorder
of Deeds receipt for recording of the final plan.
B.
No application for a building permit under the Borough
Zoning Ordinance[1] shall be submitted, and no building permit under the Borough Zoning Ordinance shall be issued for any building in any subdivision or land development until the final plans for said subdivision or land development have been approved and recorded as provided for and until the terms of Subsection A have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been complied with.
C.
No water system or sewer system, including extensions
to existing or proposed borough systems or new systems employing sewage
treatment plants, shall be constructed prior to the issuance of appropriate
permits from the Pennsylvania Department of Environmental Protection
or from federal or local agencies, as required.
Major modifications of the approved plan, as
determined by the borough, shall be resubmitted and reprocessed in
the same manner as the original plan. All site disturbance activities
shall cease pending approval of modified plans.
