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]
A. 
Records (Borough).
(1) 
The Borough shall keep a record of its findings, decision and recommendations relative to all subdivision and/or land development plans filed with it for review.
(2) 
All such records shall be public records.
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.