NOTE: This Part has been prepared under the authority of
and is consistent with the terms and requirements of the Pennsylvania
Municipalities Planning Code (53 P.S. § 10101 et seq., Act
1988-170, as amended) and is in accordance with the police power authority
granted to the Borough through the Borough Code. It is intended to
further the objectives of Article I, § 27, of the Constitution
of the Commonwealth of Pennsylvania and of the Borough of Mechanicsburg
Comprehensive Plan.
[Ord. 1113, 1/19/2010]
From and after the effective date of this chapter, any subdivision
and/or land development shall be in conformity with this chapter and
all standards and specifications adopted as part of this chapter.
The Borough Council shall have jurisdiction over and control of subdivision
and/or land development within the Borough limits. In order that the
action of the Borough Council under this chapter may be correlated
with all relevant data and procedures, the Borough Council hereby
designates the Borough Planning Commission as the planning agency
of the Borough Council:
A.
To which all applications relating to preapplication data and sketch
plans for major subdivision and/or land development, and simple, minor
and/or major approval of subdivision and/or land development plans,
shall initially be submitted.
B.
With which applicants shall hold all preliminary consultations relating
to the plans.
C.
Which shall make recommendations to the Borough Council concerning
the interpretation of and the granting of modifications to provisions
and standards of this chapter and to perform such other functions
as the applicable laws grant to such agency.
[Ord. 1113, 1/19/2010]
A.
No lot, tract or parcel of land shall be subdivided and no land may
be developed and no street, sanitary sewer, storm sewer, water main
or concomitant facility may be laid out, constructed, opened or dedicated
for public use or travel or for the use of occupants of buildings
abutting or to abut on them except in accordance with the provisions
of this chapter and other applicable chapters of the Mechanicsburg
Borough Code.
B.
No lot in a subdivision and/or land development may be sold, no permit
to build, alter or repair any building on land in a subdivision and/or
land development may be issued, and no building may be erected in
a subdivision and/or land development until a final subdivision and/or
land development plan has been approved and recorded in accordance
with this chapter and, where required, improvements have been completed
or their completion has been assured by a performance guaranty consistent
with the terms of Article V of the Municipalities Planning Code[1] and any other applicable chapter(s) of Mechanicsburg Borough
Code.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
C.
The scope of this chapter shall include all matters over which, by
law, the Borough is authorized to exercise control by enactment and
enforcement of this chapter, including but not limited to:
(1)
All improvements within any tract undergoing subdivision and/or
land development.
(2)
The improvement of public facilities adjacent to any tract undergoing
subdivision and/or land development, including streets and drainage
facilities which border upon any such tract.
(3)
The installation or enhancement of off-site improvements needed
to serve adequately the subdivision and/or land development.
D.
The granting of a permit or the approval of a plan of subdivision
and/or land development shall not constitute a representation, guaranty
or warranty of any kind by the Borough or by any official, employee,
agent or adviser of the Borough as to the practicability, adequacy,
functioning or safety of any use, improvement, facility or system
installed or maintained pursuant to the aforementioned permit or approval,
and such permit or approval shall not create any liability upon the
Borough, its officials, employees, agents or advisers.
[Ord. 1113, 1/19/2010]
A.
The Borough Council may grant a modification of the requirements
of one or more provisions of this chapter 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.
Any request for a modification shall be in writing and shall accompany
and be a 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.
C.
The Borough Council shall refer the request for modification to the
Borough Planning Commission for advisory comments.
D.
In granting modifications, the Borough Council may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards and requirements so modified.
E.
The Borough shall keep a written record of all action on all requests
for modifications.
[Ord. 1113, 1/19/2010]
B.
Records (applicant). Within 30 days after completion and approval
of the Borough Engineer of all improvements shown on final plats,
and before Borough acceptance of any such improvements, the applicant
shall submit to the Borough Council a corrected copy of said plans
showing actual dimensions and conditions of streets and all other
improvements, including sanitary sewers, sewage treatment plants and
sewage disposal facilities, certified by a professional engineer to
be in accordance with actual construction.
[Ord. 1113, 1/19/2010]
The following fees shall be payable to the Borough. A current
listing of costs set by resolution from time to time by the Borough
Council shall be kept on file in the Borough Office.
A.
Plans.
B.
Construction (plan), to accompany the application.
C.
Inspection: per day for each day or portion thereof a Borough inspector
is engaged on the subdivision and/or land development construction
site.
D.
Review fees may include reasonable and necessary charges by the municipality's
professional consultants for review and report thereon to the municipality.
Such review fees shall be based upon a schedule established by ordinance
or resolution. Such review fees shall be reasonable and in accordance
with the ordinary and customary charges for similar service in the
community, but in no event shall the fees exceed the rate or cost
charged by the professional consultant for comparable services to
the municipality for services which are not reimbursed or otherwise
imposed on applicants. Fees charged to the municipality relating to
any appeal of a decision on an application shall not be considered
review fees and may not be charged to an applicant.
(1)
The governing body shall submit to the applicant an itemized
bill showing work performed, identifying the person performing the
services and the time and date spent for each task. Nothing in this
subsection shall prohibit interim itemized billing or municipal escrow
or other security requirements. In the event that the applicant disputes
the amount of any such review fees, the applicant shall, no later
than 100 days after the date of transmittal of the bill to the applicant,
notify the municipality and the municipality's professional consultant
that such fees are disputed and shall explain the basis of their objections
to the fees charged, in which case the municipality shall not delay
or disapprove a subdivision or land development application due to
the applicant's dispute over fees. Failure of the applicant to
dispute a bill within 100 days shall be a waiver of the applicant's
right to arbitration of that bill under the applicable sections of
the Pennsylvania Municipalities Planning Code.[1]
[Amended by Ord. 1170, 3/16/2021]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
In the event that the municipality's professional consultant
and the applicant cannot agree on the amount of review fees which
are reasonable and necessary, then the applicant and the municipality
shall follow the procedure for dispute resolution set forth in Section
510(g) of the MPC,[2] provided that the arbitrator resolving such dispute shall
be of the same profession or discipline as the professional consultant
whose fees are being disputed.
[2]
Editor's Note: See 53 P.S. § 10510(g).
(3)
Subsequent to a decision on an application, the governing body
shall submit to the applicant an itemized bill for review fees, specifically
designated as a final bill. The final bill shall include all review
fees incurred at least through the date of the decision on the application.
If for any reason additional review is required subsequent to the
decision, including inspections and other work to satisfy the conditions
of the approval, the review fees shall be charged to the applicant
as a supplement to the final bill.
E.
Other fees. Fees for all other permits required for and by the Borough
for opening roads, connecting to Borough sewers, building construction,
etc.:
(1)
The applicant, at the time of application, shall agree to cover
the cost of advertising, accepting the deed of dedication and its
recording, cost of title insurance and registration costs.
(2)
No application for preliminary or final approval shall be deemed
to have been submitted until the fee and escrow deposit, as set forth
below, shall have been paid. Failure by the applicant to deliver the
funds necessary to meet the escrow requirement within 30 days of receipt
of the plans by the Code Enforcement Officer shall constitute good
and sufficient grounds for the rejection of the plans as received.
(3)
A subdivision and/or land development application fee (nonrefundable)
and an escrow deposit shall be submitted with any application for
preliminary or final plat review and approval to cover the costs of
plan review and processing. Amounts of the application fee and escrow
deposit shall be fixed by Borough Council by resolution. The escrow
funds shall be used to reimburse the Borough for actual expenditures
incident to these processes, including but not limited to fees of
the Borough Engineer and other professionals deemed necessary by the
Borough and legal fees in excess of the fee for review of the Borough
standard forms. Any costs incurred by the Borough in excess of the
amount held in escrow shall be fully reimbursed by the applicant prior
to the issuance of any permits. Any unexpended balance in the escrow
deposit shall become part of the second deposit required in Subsection
E(4) below.
(4)
Following final plat approval and recording and the establishment
of any required performance guaranty, a second escrow deposit shall
be established to cover the cost of inspections of improvements; construction;
materials or site testing; or maintenance costs (e.g., snow removal,
cindering, street sweeping, etc.) prior to the acceptance of improvements
by the Borough. Any costs incurred by the Borough in excess of the
amount held in escrow shall be fully reimbursed by the applicant.
Any unexpended balance in the escrow deposit following acceptance
or dedication of improvements by the Borough shall be returned to
the applicant after the submission of record drawings. The amount
of the escrow deposit shall be fixed by the Borough Council by resolution.
This escrow deposit may be waived by the Borough where the proposed
development will not include the construction or installation of any
public improvements.
[Ord. 1113, 1/19/2010]
A.
The Borough Engineer and/or Borough Manager shall draw up regulations
governing the times when inspections shall be made to determine whether
construction is proceeding in accordance with the proposed plan.
B.
All improvements shall be inspected by the Borough Engineer and/or
Borough Manager. The landowner and/or developer shall pay the cost
of such inspection and review of plans, including materials tests,
reimbursing the Borough for the inspection at rates established in
the current copy of "Suggested Minimum Salaries and Fee Schedule of
the Pennsylvania Society of Engineers." The Borough Engineer shall
be notified at least 48 hours in advance of the commencement of any
construction operation such as grading, sewer installation, paving,
curbing or any and all types of construction operation, in order that
provisions may be made for the proper inspection of such construction
operation.
C.
Before building permits are issued, the builder will furnish a plot
plan showing the actual placement of the building, with dimensions
of front setback and side and rear yard setback.
D.
After a subdivision plan and/or land development has been duly recorded,
the streets, highways, parks and other public improvements shown thereon
shall be considered to be a part of the Official Plan of the Borough,
unless ownership is retained by the landowner and/or developer.
E.
Every street, highway, park or other public improvement shown on
a plan that is recorded, as provided herein, shall be deemed to be
a private street, highway, park or improvement until such time as
the same has been accepted by ordinance or by deed of dedication accepted
by Borough Council or until it has been condemned for use as a public
street, park or other improvement.
F.
Prior to the start of construction, an applicant or its designated
contractor representative shall establish an escrow in the amount
of 4% of the total estimated construction cost to cover inspection
costs by the Borough Engineer.
[Ord. 1113, 1/19/2010]
When any street, drainage facility or other improvement within
a subdivision and/or land development abuts or traverses lands of
persons other than the person holding legal title to the lands of
the subdivision and/or land development, the applicant or owner of
the subdivision and/or land development shall, at his own costs, obtain
from the owner of the lands so abutted or traversed a written easement,
acceptable to the Borough Solicitor, to be recorded with the plan,
and full releases from all damages which may result to said lands
of the owners thereof from the change in grade, construction or otherwise,
of the street, drainage facility or other improvement, and such release
shall inure to the benefit not only of the owner of the subdivision
and/or land development but to the Borough.
[Ord. 1113, 1/19/2010]
Before the Borough Council shall cause its approval to be endorsed
upon the final plats of any subdivision and/or land development and
as a requirement for the approval thereof, the owners shall enter
into a written agreement with the Borough, in the manner and form
set forth by the Borough Solicitor, wherein they shall agree:
A.
To construct, or cause to be constructed, at his own expense, all
streets, curbs, sidewalks, drainage facilities, street signs, monuments,
capped sewers, parks and other improvements shown on said plan when
required so to do in accordance with the plan(s) as finally approved.
B.
To maintain at his own cost the streets, curbs, capped sewers, and
other improvements until same are accepted or condemned by the Borough
for public use; and for a period of two years thereafter to repair
and reconstruct the same or any part or one of them when such repairs
or reconstruction shall be specified by the Borough Council as necessary
by reason of faulty construction, workmanship, or materials; and at
or before acceptance of such improvements by Borough Council, and
to be in such amount as may be required by Council, to provide a bond
to be in a form to be approved by the Borough Solicitor and conditioned
upon the repair and reconstruction of such improvements as above set
forth.
C.
To install or cause to be installed, at his own expense and without
any cost to the Borough for any part of such installation, street
facilities on all streets within and abutting the subdivision and/or
land development.
D.
To pay all costs, charges or rates, of the utility furnishing electric
service for the lighting of the streets on or abutting said subdivision,
from the lights installed by the owner, until such time as the streets
shown on the subdivision plans shall be accepted as public streets
of the Borough by ordinance after receipt of the deed of dedication
from owner, and to indemnify and save harmless the Borough from and
against all suits, actions, claims and demands for electric service
to the streets shown on said plans, or any part thereof, to the time
that the said streets shall be accepted as public streets of the Borough
in the manner hereinabove set forth.
E.
To pay the inspection fees required by this Part 7.
F.
To obtain the easements and releases required by this chapter.
G.
To promptly reimburse to the Borough reasonable legal, engineering
and professional consultant fees as specified in this Part.
[Ord. 1113, 1/19/2010]
In order to assure the Borough that the streets, drainage facilities,
curbs, gutters, sidewalks, street signs, street-lighting facilities,
monuments, parks, and capped sewers, shown on said plans, and other
improvements, shown on said subdivision and/or land development plans,
which the Borough shall require the owner to install, at his own expense,
will be constructed and installed in strict accordance with the plans
as finally approved and with the standards, regulations and specifications
of the Borough and will be maintained until accepted, the owner shall
furnish to the Borough a corporate bond with such surety as the Borough
shall approve, or security acceptable to the Borough, in an amount
sufficient to cover the cost, as estimated by the Borough Engineer
or Solicitor, of the construction and installation of the aforesaid
improvements and of lighting the streets until the same shall be accepted
as public streets of the Borough, which said bond or deposit, if required,
shall be conditioned upon and guarantee:
A.
The owner constructing and installing or causing to be constructed
or installed, in strict accordance with the subdivision and/or land
development plans, as finally approved, and with the Borough standards
and specifications, the streets, drainage facilities, curbs, gutters,
sidewalks, street signs, lighting facilities, monuments and parks,
and capped sewers, shown on said plans, and such other improvements,
shown on said plans, as the Borough may require the owner to construct
or install.
B.
The owner maintaining at his own cost the said streets, curbs, gutters,
drainage facilities, sidewalks, street signs, parks, monuments, capped
sewers, and other improvements until the same are accepted by the
Borough for public use and for a period of two years thereafter repairing
and reconstructing the same or any part of one of them when such repair
or reconstructing shall be specified as necessary, by reason of faulty
construction, by the Borough.
C.
The payment by the owner of the cost of lighting the streets in the
subdivision and/or land development until such time as the same are
accepted as Borough streets by ordinance of the Borough Council.
D.
The payment of the inspection fees required in this Part 7.
E.
The faithful performance by the owner of the contract provided for
in this section. The Borough may elect to have the final stable road
inspection conducted by representatives of the Pennsylvania Department
of Transportation, and the acceptance of the road may be subject to
approval of the Pennsylvania Department of Transportation.
F.
Completion of improvements or guaranty thereof prerequisite to final
plat approval.
(1)
No plat shall be finally approved unless the streets shown on
such plat have been improved to a mud-free or otherwise permanently
passable condition, or improved as may be required by this chapter,
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees required, this chapter shall provide for the deposit with
the municipality of financial security in an amount sufficient to
cover the costs of such improvements or common amenities, including
but not limited to roads, stormwater detention and/or retention basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
The applicant shall not be required to provide financial security
for the costs of any improvements for which financial security is
required by and provided to the Department of Transportation in connection
with the issuance of a highway occupancy permit pursuant to Section
420 of the Act of June 1, 1945 (P.L. 1242, No. 428),[1] known as the "State Highway Law."
[1]
Editor's Note: See 36 P.S. § 670-420.
(2)
When requested by the developer, in order to facilitate financing,
the governing body or the planning agency, if designated, shall furnish
the developer with a signed copy of a resolution indicating approval
of the final plat contingent upon the developer obtaining a satisfactory
financial security. The final plat or record plan shall not be signed
nor recorded until the financial improvements agreement is executed.
The resolution or letter of contingent approval shall expire and be
deemed to be revoked if the financial security agreement is not executed
within 90 days; unless a written extension is granted by the governing
body, such extension shall not be unreasonably withheld and shall
be placed in writing at the request of the developer.
(3)
Without limitation as to other types of financial security which
the municipality may approve, which approval shall not be unreasonably
withheld, federal- or commonwealth-chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
(4)
Such financial security shall be posted with a bonding company
or federal- or commonwealth-chartered lending institution chosen by
the party posting the financial security, provided that said bonding
company or lending institution is authorized to conduct such business
within the commonwealth.
(5)
Such bond or other security shall provide for, and secure to
the public, the completion of any improvements which may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
(6)
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the municipality 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 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the municipality 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.
(7)
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 or developer and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The municipality,
upon the recommendation of the Municipal Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the municipality are unable to agree upon an estimate, then the
estimate shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth and chosen mutually
by the municipality and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable and shall
be the final estimate. In the event that a third engineer is so chosen,
fees for the services of said engineer shall be paid equally by the
municipality and the applicant or developer.
(8)
If the party posting the financial security requires more than
one year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
(a)
In the case where development is projected over a period of
years, the governing body or the planning agency may authorize submission
of final plats by section or stages of development, subject to such
requirements or guaranties as to improvements in future sections or
stages of development as it finds essential for the protection of
any finally approved section of the development.
(9)
As the work of installing the required improvements proceeds,
the party posting the financial security may request the governing
body to release or authorize the release, from time to time, of 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 governing body, and the governing body shall
have 45 days from receipt of such request within which to allow the
Municipal Engineer to certify, in writing, to the governing body that
such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification, the
governing body shall authorize release by the bonding company or lending
institution of an amount as estimated by the Municipal Engineer fairly
representing the value of the improvements completed; or, if the governing
body fails to act within said forty-five-day period, the governing
body shall be deemed to have approved the release of funds as requested.
The governing body may, prior to final release at the time of completion
and certification by its Engineer, retain 10% of the original amount
of the posted financial security for the aforesaid improvements.
[Amended by Ord. 1170, 3/16/2021]
(10)
Where the governing body accepts dedication of all or some of
the required improvements following completion, the governing body
may require the posting of financial security to secure the structural
integrity of said improvements as well as the functioning of said
improvements in accordance with the design and specifications as depicted
on the final plat for a term not to exceed 18 months from the date
of acceptance of dedication. Said financial security shall be of the
same type as otherwise required in this section with regard to installation
of such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
(11)
If water mains or sanitary sewer lines, or both, along with
apparatus or facilities related thereto, are to be installed under
the jurisdiction and pursuant to the rules and regulations of a public
utility or municipal authority separate and distinct from the municipality,
financial security to assure proper completion and maintenance thereof
shall be posted in accordance with the regulations of the controlling
public utility or municipal authority and shall not be included within
the financial security as otherwise required by this section.
(12)
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, the municipality shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plat upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following
the improvements of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plat, either upon the lot
or lots or beyond the lot or lots in question if such improvements
are necessary for the reasonable use of or occupancy of the building
or buildings. Any ordinance or statute inconsistent herewith is hereby
expressly repealed.
[Ord. 1113, 1/19/2010]
A.
Upon completion of any public improvements shown on an approved final
plat and within 90 days after approval of such public improvements
as herein provided, the developer shall submit a written offer of
such public improvements for dedication to the Borough. Said offer
shall include a deed of dedication covering said public improvements,
together with satisfactory proof establishing the developer's
title insurance to said property. Such documents are to be filed with
the Code Enforcement Officer for review by the Borough Solicitor.
Deeds of dedication for public improvements shall be accepted by ordinance
at a regular Borough Council meeting.
B.
The Borough may require that certain subdivision and/or land development
improvements remain undedicated, with maintenance the responsibility
of individual lot owners, a homeowners' association or similar
entity or an organization capable of carrying out maintenance responsibilities.
(1)
When the owner has constructed and installed streets, drainage
facilities, curbs, sidewalks, street signs, monuments, capped sewers,
and other improvements in accordance with Borough regulations, standards,
and specifications and desires the Borough to accept the said improvements,
he shall, in writing, by certified or registered mail, addressed to
the Borough Manager, request the Borough Engineer to make an inspection
of the said improvements. The Borough Engineer shall thereupon make
such inspection and shall report within 30 days, in writing, to the
Borough Council and the owner the result thereof, specifying with
particularity those items of construction, material, and workmanship
which do not comply with the Borough regulations, standards and specifications
or fail to conform with the construction detail shown on the approved
plans. The owner shall thereupon proceed, at his own cost, to make
such corrections as shall be required to comply with said regulations,
standards, specifications, and construction detail and, when the same
is done, request in writing to the Borough Manager that final inspection
be made by the Borough Engineer; and the owner shall pay to the Borough
the cost to the Borough of the acceptance of the improvements.
(2)
Thereupon, the Borough and the Borough Engineer shall make a final inspection of the said streets, drainage facilities, curbs, sidewalks, monuments, capped sewers, and other improvements, and the Borough Engineer shall, in connection with his final inspection, run the finished center-line profile grades of the completed roads or streets and furnish to the Borough Council an official report thereof; and such elevations as approved thereafter by Council shall be affixed to the final profile plan drawing either by the Borough Engineer himself entering the same upon the original final profile drawings or by the owners' engineers pursuant to the direction of the Borough Engineer by providing such owners' engineers with the approved data; and if the Borough Council and the Borough Engineer, on such final inspection, shall find that the streets, drainage facilities, curbs, sidewalks, monuments, capped sewers and other improvements have been constructed in accordance with Borough regulations, standards, specifications, and the construction detail shown on the plans and shall be satisfied that the owner has complied fully with the provisions of this chapter, the Borough Council shall notify the owner to that effect, and the owner shall thereupon furnish the Borough with three complete sheets of Mylar of all plans of the subdivision and/or land development, including but not limited to drainage and profile plans, showing thereon all approvals required by this chapter, and also eight like sheets of plans on paper. On receipt of such plans, and upon performance of all the obligations by the owner to be performed under the contract provided for in Part 7, § 22-709, hereof, the Borough Council may proceed to accept said streets, drainage facilities, and other improvements in the manner provided by Act 247.[1] The profile plan drawing hereinabove referred to shall
be upon Mylar and shall show the center-line profile grades of the
streets within the subdivision and/or land development as originally
computed and designed and shown on the plans approved by the Planning
Commission and Borough Council pursuant to this chapter and also the
final profile grades of said streets after the construction thereof.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Release from improvement bond.
(1)
When the landowner and/or developer has completed all of the
necessary and appropriate improvements, the landowner and/or developer
shall notify the municipal governing body, in writing, by certified
or registered mail, of the completion of the aforesaid improvements
and shall send a copy thereof to the Municipal Engineer. The municipal
governing body shall, within 10 days after receipt of such notice,
direct and authorize the Municipal Engineer to inspect all of the
aforesaid improvements. The Municipal Engineer shall thereupon file
a report, in writing, with the municipal governing body and shall
promptly mail a copy of the same to the developer by certified or
registered mail. The report shall be made and mailed within 30 days
after receipt by the Municipal Engineer of the aforesaid authorization
from the governing body. Said report shall be detailed and shall indicate
approval or rejection of said improvements, either in whole or in
part; and if said improvements, or any portion thereof, shall not
be approved or shall be rejected by the Municipal Engineer, said report
shall contain a statement of reasons for such nonapproval or rejection.
(2)
The municipal governing body shall notify the landowner and/or
developer, within 15 days of receipt of the Engineer's report,
in writing, by certified or registered mail, of the action of said
municipal governing body with relation thereto.
(3)
If the municipal governing body or the Municipal Engineer fails
to comply with the time limitation provisions contained herein, all
improvements will be deemed to have been approved, and the landowner
and/or developer shall be released from all liability pursuant to
its performance guaranty bond or other security agreement.
(4)
If any portion of the said improvements shall not be approved
or shall be rejected by the municipal governing body, the landowner
and/or developer shall proceed to complete the same; and upon completion,
the same procedure of notification as outlined herein shall be followed.
(5)
Nothing herein, however, shall be construed in limitation of
the landowner and/or developer's right to contest or question,
by legal proceedings or otherwise, any determination of the municipal
governing body or the Municipal Engineer.
(6)
Where herein reference is made to the Municipal Engineer, he
shall be a duly registered professional engineer employed by the municipality
or engaged as a consultant thereto.
(7)
The municipality may prescribe that the applicant shall reimburse
the municipality for the reasonable and necessary expense incurred
in connection with the inspection of improvements. The applicant shall
not be required to reimburse the governing body for any inspection
which is duplicative of inspections conducted by other governmental
agencies or public utilities. The burden of proving that any inspection
is duplicative shall be upon the objecting applicant. Such reimbursement
shall be based upon a schedule established by ordinance or resolution.
Such expense shall be reasonable and in accordance with the ordinary
and customary fees charged by the municipality's professional consultant
for work performed for similar services in the community, but in no
event shall the fees exceed the rate or cost charged by the professional
consultant to the municipality for comparable services when fees are
not reimbursed or otherwise imposed on applicants.
[Amended by Ord. 1170, 3/16/2021]
(a)
The governing body shall submit to the applicant an itemized
bill showing the work performed in connection with the inspection
of improvements performed, identifying the person performing the services
and the time and date spent for each task. In the event that the applicant
disputes the amount of any such expense in connection with the inspection
of improvements, the applicant shall, no later than 100 days after
the date of transmittal of a bill for inspection services, notify
the municipality and the municipality's professional consultant
that such inspection expenses are disputed as unreasonable or unnecessary
and shall explain the basis of their objections to the fees charged,
in which case the municipality shall not delay or disapprove a request
for release of financial security, a subdivision or land development
application or any approval or permit related to development due to
the applicant's dispute of inspection expenses. Failure of the
applicant to dispute a bill within 100 days shall be a waiver of the
applicant's right to arbitration of that bill under this section.
(b)
Subsequent to the final release of financial security for completion
of improvements for a subdivision or land development or any phase
thereof, the professional consultant shall submit to the governing
body a bill for inspection services, specifically designated as a
final bill, which the governing body shall submit to the applicant.
The final bill shall include inspection fees incurred through the
release of financial security.
(c)
If the professional consultant and the applicant cannot agree
on the amount of expenses which are reasonable and necessary, then
the applicant shall have the right, within 100 days of the transmittal
of the final bill or supplement to the final bill to the applicant,
to request the appointment of another professional consultant to serve
as an arbitrator. The applicant and professional consultant whose
fess are being challenged shall, by mutual agreement, appoint another
professional consultant to review any bills the applicant has disputed
and which remain unresolved and make a determination as to the amount
thereof which is reasonable and necessary. The arbitrator shall be
of the same profession as the professional consultant whose fees are
being challenged.
(d)
The arbitrator so appointed shall hear such evidence and review
such documentation as the arbitrator in his or her sole opinion deems
necessary and shall render a decision no later than 50 days after
the date of appointment. Based on the decision of the arbitrator,
the applicant or the professional consultant whose fees were challenged
shall be required to pay any amounts necessary to implement the decision
within 60 days. In the event that the municipality has paid the professional
consultant an amount in excess of the amount determined to be reasonable
and necessary, the professional consultant shall, within 60 days,
reimburse the excess payment.
(e)
In the event that the municipality's professional consultant
and applicant cannot agree upon the arbitrator to be appointed within
20 days of the request for appointment of an arbitrator, then, upon
application of either party, the President Judge of the Court of Common
Pleas of the judicial district in which the municipality is located
(or if at the time there be no President Judge, then the senior active
judge then sitting) shall appoint such arbitrator, who, in that case,
shall be neither the municipality's professional consultant nor
any professional consultant who has been retained by, or performed
services for, the municipality or the applicant within the preceding
five years.
(f)
The fee of the arbitrator shall be paid by the applicant if
the disputed fee is upheld by the arbitrator. The fee of the arbitrator
shall be paid by the charging party if the disputed fee is $2,500
or greater than the payment decided by the arbitrator. The fee of
the arbitrator shall be paid in an equal amount by the applicant and
the charging party if the disputed fee is less than $2,500 of the
payment decided by the arbitrator.
(g)
In the event that the disputed fees have been paid and the arbitrator
finds that the disputed fees are unreasonable or excessive by more
than $10,000, the arbitrator shall:
[1]
Award the amount of the fees found to be unreasonable or excessive
to the party that paid the disputed fee.
[2]
Impose a surcharge of 4% of the amount found as unreasonable or excessive
to be paid to the party that paid the disputed fee.
[3]
A municipality or an applicant shall have 100 days after paying a
fee to dispute any fee charged as being unreasonable or excessive.
[Ord. 1113, 1/19/2010]
A.
Where the Borough Council accepts dedication of all or some of the
required improvements following completion, the Borough Council may
require the posting of financial security to secure structural integrity
of said dedicated improvements as well as the functioning of said
dedicated improvements in accordance with the design and specifications
as depicted on the final plat for a term not to exceed 18 months from
the date of acceptance of dedication. Said financial security shall
be of the same type as otherwise required in this section with regard
to installation of such improvements, and the amount of the financial
security shall not exceed 15% of the actual cost of installation of
said dedicated improvements.
[Amended by Ord. 1170, 3/16/2021]
B.
Where maintenance of stormwater management facilities, private streets
or other improvements is to be the responsibility of individual lot
owners, a homeowners' association or similar entity or an organization
capable of carrying out maintenance responsibilities, the Borough
Council shall require that maintenance responsibilities be set forth
in recorded perpetual covenants or deed restrictions binding on the
landowner's successors in interest and may, as deemed necessary,
further require that an initial maintenance fund be established in
a reasonable amount.
[Ord. 1113, 1/19/2010]
A.
In addition to other remedies, the Borough Council may institute
and maintain appropriate actions by law or in equity to restrain,
correct or abate violations, to prevent unlawful construction, to
recover damages and to prevent illegal occupancy of a building, structure
or premises.
B.
The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Ord. 1113, 1/19/2010]
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500, plus all court costs, including reasonable
attorneys' fees incurred by the Borough as a result thereof.
No judgment shall commence or be imposed, levied or be payable until
the date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Borough may enforce the judgment pursuant to the applicable rules
of civil procedure.
B.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person, partnership or corporation violating the chapter to have
believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of a violation by the Magisterial
District Judge, and, thereafter, each day that a violation continues
shall constitute a separate violation.
[Ord. 1113, 1/19/2010]
Upon exhaustion of all administrative remedies, a landowner
and/or developer may appeal an adverse decision of Council, as provided
by law.
