Prior to filing an application for preliminary approval, the
developer may appear before the Planning Commission for a preapplication
conference to discuss the applicable regulations governing subdivision
and/or development of the property and the feasibility and timing
of the application. The preapplication conference is voluntary, and
no formal application or fee is required. This opportunity is afforded
to the developer to obtain information and guidance before entering
into binding commitments or incurring substantial expenses for plan
preparation.
A.
The applicant shall file 10 copies of an application for preliminary approval required by § 183-11 to the Borough at least 30 calendar days prior to the regular meeting of the Planning Commission. If the 30th day falls on a Saturday, Sunday or holiday, the application shall be filed by the close of business on the preceding working day.
B.
The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 183-11 of this chapter, including the application fee, have been received.
C.
Upon receipt, the application shall be stamped with the date of receipt
by the Borough. Upon receipt, copies of the application shall be distributed
to each member of the Planning Commission and to the Borough Engineer
for review. Immediately upon receipt, the Borough Zoning Officer shall
submit one copy of the application to the Allegheny County Planning
Commission for review and comment, which shall be subject to payment
of the prevailing county review fee by the developer. Copies also
may be referred to any other appropriate review agency at the request
of the Planning Commission.
D.
During the review period between the date of receipt of the preliminary
application by the Borough and the next regular Planning Commission
meeting, the Borough Engineer shall provide a written review of the
preliminary application to the applicant with a copy to the Borough
Manager. The Borough Engineer's review letter shall require a
written and/or graphic response from the applicant by a date specified
in the Borough Engineer's review letter in order for the preliminary
application to be considered complete and officially filed by the
Planning Commission at their next regular meeting.
E.
In the event that the applicant fails to meet the deadline established
by the Borough Engineer for submission of additional information or
revised drawings, the preliminary application shall automatically
be scheduled on the agenda for the next regular meeting of the Planning
Commission, provided that the required revisions are received by the
date specified by the Borough Engineer for consideration at such subsequent
meeting.
F.
In all cases, the official date of filing of the preliminary application
shall be the date of the Planning Commission meeting at which the
Commission accepts the application as complete in content and properly
filed, subject to the Borough Engineer's written review.
A.
All applications. All applications for preliminary approval of a
subdivision and/or land development shall include the following:
(1)
Ten copies of the completed application form supplied by the Borough.
(3)
Ten copies of a preliminary plat, all drawings on sheets not exceeding
34 inches by 44 inches, containing the following information:
(a)
A boundary survey by a registered professional land surveyor
and a topographical survey of the total proposed subdivision by a
registered professional engineer or registered professional land surveyor.
If the developer intends to develop a tract of land in phases, the
preliminary plat must include the total tract.
(b)
The proposed name of the subdivision or land development.
(c)
The name, address, certification and seal of the registered
engineer or registered surveyor who prepared the plat and the registered
surveyor who did the survey shown on the plat.
(d)
The name and address of the developer and, if the developer
is not the landowner, the name and address of the landowner.
(e)
A location map showing the plan name and location; major existing
thoroughfares related to the site, including the distance therefrom;
title, scale and North point.
(f)
A graphic scale, North point and date.
(g)
A legend and notes.
(h)
The existing platting of land adjacent to the site and all existing
sewers, water mains, culverts, petroleum or gas lines and fire hydrants
on or within 100 feet of the site.
(i)
Existing watercourses, wetlands, tree masses and other significant
natural features.
(j)
Contours at intervals of elevation of not more than five feet
where the slope is greater than 10% and at intervals of not more than
two feet where the slope is 10% or less.
(k)
Existing streets and rights-of-way on or adjoining the site,
including dedicated widths, roadway widths, approximate gradients,
types and widths of pavements, curbs, sidewalks and other pertinent
data.
(l)
Existing and proposed easements, locations, widths and purposes.
(m)
The location, width and approximate grade of all proposed streets,
parking areas and loading areas.
(n)
The layout of lots (showing scaled dimensions), lot numbers
and the area of lots in square feet.
(o)
Front building lines.
(p)
Parcels of land proposed to be reserved for schools, parks,
playgrounds or other public, semipublic or community purposes, if
any. Parcels shall be lettered "A," "B," "C," etc., and the area of
each parcel in acres shall be shown.
(q)
Tabulation of site data, either on the plan or on an eight-and-one-half-by-eleven-inch
sheet of paper attached to the plan, including total acreage of land
to be subdivided, the number of residential lots, typical lot size,
the acreage in the subdivision or land development and the acreage
in any proposed recreation or other public areas.
(r)
Proposed public improvements. The size of each should be shown
and the location of or distance to each existing utility indicated.
B.
Additional requirements for land developments. For all applications which propose a land development, as defined herein, in addition to the information required by Subsection A, the following information shall be required to be submitted as part of the preliminary application:
(1)
For all applications which propose 50 or more dwelling units or 50,000
or more square feet of gross floor area of a building or buildings,
a traffic report prepared by a qualified traffic engineer, detailing
the nature and extent of trip generation expected to result from the
proposed development based on the ratios and methodology contained
in the current edition of the Manuals of the Institute of Transportation
Engineers. The report shall include current and projected capacities
and levels of service of all streets and intersections within 1,000
feet of the site proposed for development.
(2)
A landscaping plan showing compliance with all applicable buffer area and landscaping requirements of Chapter 210, Zoning.
(3)
Ten copies of a land development plan, as defined by this chapter,
which includes the following information:
(a)
The zoning classification of the area to be subdivided and/or
developed.
(b)
The proposed use, location, area, height and bulk of all existing
and proposed structures and dimensions of all yards.
(c)
The layout of parking areas and a computation of the number
of parking spaces to be provided.
(d)
Patterns of pedestrian and vehicular circulation on the site
and ingress, egress and circulation into and out of the site.
(e)
The location, size and specifications for private improvements
such as curbs, sidewalks, driveways, parking areas, landscaping strips
or planters, wheelstops and the like.
(f)
The location and specifications for lighting of parking areas
and walkways.
(g)
The location and types of proposed landscaping materials.
(h)
Dates of preparation and dates of all revisions to the plan.
(i)
The name of the registered architect, landscape architect or
professional engineer who prepared the plan.
C.
Other requirements for certain land developments. In addition, upon
recommendation of the Borough Engineer, the following information
may be required to be submitted as part of the preliminary application
where circumstances warrant:
(1)
Where evidence exists of deep mining, strip mining, landslide-prone
soils or other geologic hazards on the site, a geologic report by
a qualified registered professional engineer regarding soil and subsurface
conditions and the probable measures needed to be considered in the
design of the development, the location of structures and the design
of foundations, if any.
(2)
A copy of a report from the United States Natural Resources Conservation
Service concerning soil conditions and water resources.
(3)
A soil erosion and sedimentation control plan prepared by a person
trained and experienced in control methods and techniques which conforms
to the requirements of the Pennsylvania Clean Streams Law and Chapter
102 of the rules and regulations of the Pennsylvania Department of
Environmental Protection governing erosion control.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
and 25 Pa. Code Ch. 102, respectively.
A.
Planning Commission recommendation.
(1)
At the first regular meeting of the Planning Commission after submission
of a preliminary application, the Planning Commission shall either
accept the application as complete in content and properly filed or
return the application to the applicant for resubmission if the application
is incomplete or improperly filed. The acceptance of the application
or return of the application by the Planning Commission shall be by
motion adopted by the majority of the members present. If the application
is returned as incomplete, a copy of the Borough Engineer's written
review citing the specific requirements of this chapter which have
not been met shall be provided to the applicant or his or her representative.
(2)
The date of the Planning Commission meeting at which the preliminary
application is accepted as complete and properly filed shall be the
official date of filing of the application and shall represent the
beginning of the sixty-day period for Planning Commission review and
action on the application, unless the applicant agrees, in writing,
to an extension of time.
(3)
The Borough Engineer shall present a written report at the Planning
Commission meeting which states whether an application complies with
the requirements of this chapter, and that report shall be included
in the minutes at the Planning Commission meeting. The Planning Commission
shall not make a recommendation on the application until the report
of the Borough Engineer has been received and, where applicable, the
report of the Allegheny County Planning Commission has been received
or 30 days has passed since the date that the application was submitted
to the county for review.
(4)
Within 60 days of the official date of filing of the preliminary
application, the Planning Commission shall make a written recommendation
to the Borough Council for approval, approval with conditions or disapproval
of the preliminary application. The recommendation of the Planning
Commission shall provide reasons for the recommendation and, in the
case of a recommendation for disapproval, shall cite the specific
requirements of this chapter which have not been met.
B.
Borough Council action.
(1)
Within 90 days of the official date of filing of the preliminary
application, the Borough Council shall either approve, approve with
conditions or disapprove the preliminary application at a public meeting.
The Borough Council shall not act until the review has been received
from the Allegheny County Planning Commission or until 30 days has
passed since the date that the application was submitted to the county
for review. The recommendation of the Planning Commission and the
Planning Commission minutes containing the report of the Borough Engineer
shall be made a part of the record at that meeting.
(2)
A letter indicating approval, approval with conditions or disapproval
shall be mailed to the applicant within 15 days of the date of the
decision. If the preliminary application is not approved, the Borough
Council shall specify the defects found in the preliminary application
and cite the requirements of this chapter which have not been met.
C.
Conditional approval. If Borough Council determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and to guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection B of this section. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Borough Manager within 30 days of the date of the meeting of the Borough Council at which preliminary approval is granted. If the applicant fails to give written notice to the Borough regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.
D.
Deemed approval. Failure of the Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the terms as presented, unless the applicant has agreed, in writing,
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
E.
Expiration of preliminary approval.
(1)
Preliminary approval shall expire five years from the date of the
grant of preliminary approval by the Borough Council, unless a written
extension is submitted by the applicant and approved by the Borough
Council. Any request for extension shall be submitted to the Borough
Council at least 30 days prior to the prevailing expiration date.
Extensions may be granted for one or more six-month periods upon a
finding by the Borough Council that such extension is warranted.
(2)
In the case of a phased development calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the applicant with the preliminary application, delineating all
proposed phases as well as time deadlines by which applications for
final plat approval of each phase are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of preliminary approval until final plat approval of the final phase
has been granted. Any modification in the aforesaid schedule shall
be subject to approval by the Borough Council in its sole discretion.
A.
General procedure.
(1)
After a preliminary application has been approved by the Borough
Council, the developer may proceed by filing either of the following
types of applications:
(a)
A final application, including final plat approval, together
with the completion bond to guarantee proper installation of required
improvements in the plan; or
(b)
A final application without final plat approval, whereupon required
improvements are installed prior to a request for final plat approval.
(2)
In either case, the applicant shall submit 10 copies of the final application required by § 183-14 to the Borough at least 30 calendar days prior to the regular meeting of the Planning Commission. If the 30th day falls on a Saturday, Sunday or holiday, the application shall be filed by the close of business on the preceding working day.
(3)
Upon receipt, the application shall be stamped with the date of receipt
by the Borough. Upon receipt, copies of the application shall be distributed
to the Borough Engineer, members of the Planning Commission and the
President of the Borough Council.
(4)
During the review period between the date of receipt of the final
application by the Borough and the next regular Planning Commission
meeting, the Borough Engineer shall provide a written review of the
final application to the applicant with a copy to the Borough Manager.
The Borough Engineer's review letter shall require a written
and/or graphic response from the applicant by a date specified in
the Borough Engineer's review letter in order for the final application
to be considered complete and officially filed by the Planning Commission
at their next regular meeting.
(5)
In the event that the applicant fails to meet the deadline established
by the Borough Engineer for submission of additional information or
revised drawings, the final application shall automatically be scheduled
on the agenda for the next regular meeting of the Planning Commission,
provided that the required revisions are received by the date specified
by the Borough Engineer for consideration at such subsequent meeting.
(6)
In all cases, the official date of filing of the final application
shall be the date of the Planning Commission meeting at which the
Commission accepts the application as complete in content and properly
filed, subject to the Borough Engineer's written review.
B.
Final application including final flat approval. A final application shall not be considered to be complete in content and properly filed unless and until all items required by § 183-14 of this chapter, including the application fee, have been received.
C.
Final applications without final plat approval. In the case of a final application which does not include final plat approval, the completion bond required by § 183-14E shall not be required; however, all other materials required to complete a final application, including the final plat required by § 183-14H, shall be submitted. The application filing fee shall be submitted at the time of filing the final application without plat approval, and additional application filing fees shall not be charged at the time of the request for final plat approval if the request for final plat approval is submitted within 12 months of the date of submission of the final application without plat approval. However, application review fees shall be charged both at the time of filing of the final application and at the time of submission of the final plat in accordance with the requirements of § 183-55 of this chapter.
All applications for final approval of a subdivision and/or
land development shall include the following:
A.
Ten copies of the completed application form supplied by the Borough.
C.
One copy of the approved preliminary plat.
D.
Construction plans.
(1)
Construction plans for public improvements shall be prepared by a
registered professional engineer drawn on sheets measuring 24 inches
by 36 inches, showing the following:
(b)
A street plan and profile of each street in the plan, including
the terminus of all streets in the plan and any area beyond the limits
of the plan where grading is proposed to construct the street. Street
plan and profile drawings shall include all drainage easements over
property and the location of catch basins, inlets, manholes, headwalls
and endwalls of the stormwater system. Top and invert elevations shall
be shown along with the pipe size. The profile of storm pipes shall
show any crossing sanitary sewer lines and may be placed on a separate
drawing. Lot lines and lot numbers shall be included in the street
plan view.
(c)
At least three cross sections at intervals not to exceed 100
feet and extending 50 feet on each side of the street center line
or 25 feet outside of the street right-of-way, whichever is greater.
(d)
A sanitary sewer plan and profile drawing which shall include
lot lines and lot numbers on the plan view. The location of the sanitary
sewers, manholes and the location of each wye proposed for installation
shall be shown. The grade line, distance and pipe size of each line
shall be indicated on the plan and profile. The top and invert elevation
of each manhole plus pipe invert grades at fifty-foot intervals shall
be provided.
(2)
All construction drawings shall be prepared according to accepted
engineering and construction standards and in accordance with the
standard sanitary and storm sewer details available from the Borough.
F.
An amenities bond, if required by § 183-19, to guarantee proper installation of private improvements.
G.
Final covenants and restrictions applicable to the plan, if any.
H.
Ten copies of the final plat in accurate and final form for recording,
which clearly delineates the following:
(1)
The name of the subdivision or land development.
(2)
The name and address of the developer and, if the developer is not
the landowner, the name and address of the landowner.
(3)
The name, address, certification and seal of the registered land
surveyor who prepared the plat.
(4)
The North point, graphic scale and date.
(5)
Accurate boundary lines, with dimensions and bearings.
(6)
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract of land described in the final plat.
(7)
Lot numbers and dimensions.
(8)
Final building lines.
(9)
Easements for public improvements and any limitations on such easements.
(10)
Dimensions and bearings of any property to be reserved for public,
semipublic or community use.
(11)
Street names.
(12)
Complete curve data for all curves included in the final plat,
including radius, arc length, chord bearing and chord distance. Lines
which join these curves that are nonradial or nontangential should
be so noted.
(13)
Street lines with accurate dimensions in feet and hundredths
of feet.
(14)
If applicable, a notation on the plat that access to a state
highway shall only be authorized by a highway occupancy permit issued
by the Pennsylvania Department of Transportation under Section 420
of the State Highway Law (P.L. 1242, No. 428, of June 1, 1945).[2]
[2]
Editor's Note: See 36 P.S. § 670-420.
(15)
The location, type and size of all monuments and lot markers in accordance with the standards and requirements of § 183-31 of this chapter and the County Planning Commission and an indication of whether they were found or set.
(16)
Certification clauses required by the Allegheny County Subdivision
and Land Development Regulations.
A.
Final applications including final plat approval.
(1)
At the first regular meeting of the Planning Commission after submission
of a final application, the Planning Commission shall either accept
the application as properly filed or return the application to the
applicant for resubmission if the application is incomplete or improperly
filed. The acceptance of the application or return of the application
by the Planning Commission shall be by motion and majority vote of
the members present. If the application is returned as incomplete,
the Borough Engineer's written report citing the specific requirements
of this chapter which have not been met shall be provided to the applicant
or his or her representative.
(2)
The date of the Planning Commission meeting at which the final application
is accepted as complete and properly filed shall be the official date
of filing for the application and shall represent the beginning of
the sixty-day period for Planning Commission review and action on
the application, unless the applicant agrees, in writing, to an extension
of time.
(3)
The Borough Engineer shall present a written report to the Planning
Commission which states whether the application complies with the
requirements of this chapter; and that report shall be included in
the minutes of the Planning Commission meeting. The Planning Commission
shall not make a recommendation on the application until the report
of the Borough Engineer has been received.
(4)
Within 60 days of the official date of filing of the application,
the Planning Commission shall make a recommendation, in writing, to
the Borough Council for approval, approval with conditions or disapproval
of the final application. The recommendation of the Planning Commission
shall provide reasons for the recommendation and, in the case of a
recommendation for disapproval, shall cite the specific requirements
of this chapter which have not been met.
(5)
Within 90 days of the official date of filing of the application,
the Borough Council shall either approve, approve with conditions
or disapprove the final application at a public meeting. The Planning
Commission's written recommendation and the Planning Commission
minutes containing the report of the Borough Engineer shall be made
a part of the record at that meeting.
(6)
A letter indicating approval, approval with conditions or disapproval
shall be mailed to the applicant within 15 days of the date of the
decision. If the final application is not approved, the Borough Council
shall specify the defects found in the final application and cite
the requirements of this chapter which have not been met.
B.
Conditional approval. If the Borough Council determines that certain conditions are warranted to be attached to final approval to protect the public interest and to guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection A of this section. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Borough Manager or by executing the development agreement required by § 183-20 of this chapter within 30 days of the date of the meeting of the Borough Council at which final approval is granted. If the applicant fails to give written notice to the Borough regarding acceptance or rejection of the conditions attached to final approval or to execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
C.
Final subdivision applications without final plat. Final subdivision applications without final plat approval shall be approved or disapproved in accordance with procedures specified in Subsection A for final subdivision applications including final plat approval. If the developer's final subdivision application without final plat approval has been approved and the developer has obtained all necessary permits and approvals from the Borough and county, state or federal agencies, if any are required, the developer may proceed to construct improvements as indicated in the final application 72 hours after the developer has notified the Borough Engineer by certified mail. The Borough Engineer shall then authorize the progress inspections required by § 183-23 of this chapter. The installation of all improvements shall be subject to the progress inspections required by § 183-23.
D.
Final plat approval of a subdivision after completion of improvements.
(1)
Upon completion of the improvements contained in the final application, the developer shall notify the Borough, in writing, of the completion and shall submit 10 copies of the final plat, as required by § 183-14H of this chapter, with the notice of completion. Within 10 days of the receipt of the notice of completion and submission of the final plat, the Borough Council shall authorize the Borough Engineer to inspect the improvements and review the final plat to determine whether the final plat is in conformance with the previously approved final application and all applicable requirements of this chapter and whether the proper officers of the Borough can affix their signatures to the final plat for recording purposes.
(2)
Within 30 days of receiving such authorization, the Borough Engineer
shall report to the Borough Council, in writing, whether the completed
improvements comply with the requirements of this chapter and the
Borough construction standards[1] and whether the final plat complies with all applicable
requirements of this chapter. The Borough Engineer's report shall
indicate approval or rejection of the improvements, either in whole
or in part, and, in the case of rejection, shall contain a statement
of reasons for such rejection.
(3)
Within 45 days of receipt of the notice of completion of improvements, the Borough Council shall notify the developer, in writing, by certified or registered mail, of the approval or rejection of the improvements. Acceptance of the improvements shall be in accordance with the requirements of § 183-27 of this chapter and shall be further subject to the posting of the maintenance bond required by § 183-28 of this chapter.
(4)
Within 45 days of the submission of the final plat, the Borough Council
shall either approve or disapprove the final plat for recording purposes
at a public meeting. The Borough Engineer's written report shall
be made a part of the record at that meeting.
(5)
A letter indicating approval or disapproval shall be sent to the
developer by regular mail within 15 days of the date of the decision.
If the final plat is not approved, the Borough Council shall specify
the defects found in the final plat and shall cite the requirements
of this chapter which have not been met.
E.
Deemed approval. Failure of the Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the terms as presented, unless the applicant has agreed, in writing,
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
F.
Phased approval.
(1)
In the case where development of a subdivision or land development
is projected over a period of years, the Borough authorizes submission
of final applications by sections or phases of development, subject
to such requirements or guaranties for public improvements in future
sections or phases of the development which are essential for the
protection of the public welfare and any existing or proposed section
or phase of the plan.
(2)
All sections or phases shall conform to the preliminary application as previously approved by the Borough. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application shall require complete resubmission of the preliminary application in accordance with §§ 183-10, 183-11 and 183-12 of this chapter.
A.
The Borough Council may offer the mediation option as an aid in completing
the proceedings authorized by this article. Mediation shall supplement,
not replace, those procedures in this article once they have been
formally initiated. Nothing in this section shall be interpreted as
expanding or limiting Borough police powers or as modifying any principles
of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. In offering the mediation
option, the Borough Council shall assure that in each case, the mediating
parties, assisted by the mediator as appropriate, develop terms and
conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in this chapter or in
the Pennsylvania Municipalities Planning Code (Act 247, as amended),[1] provided that there is written consent by the mediating
parties and by an applicant or the Borough Council, if either is not
a party to the mediation.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the
mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the
parties and become subject to review and approval by the Borough Council
pursuant to the procedures for approval set forth in this article.
C.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
When requested by the developer in order to facilitate financing,
the Borough Council shall furnish the developer with a signed copy
of a resolution indicating approval of the final plat contingent upon
the developer obtaining a satisfactory financial security. The final
plat shall not be signed nor recorded until the completion bond and
development agreement are executed. The resolution shall expire and
be deemed to be revoked if the completion bond and development agreement
are not executed within 90 days, unless a written extension is granted
by the Borough Council. Such extension shall not be unreasonably withheld
and shall be placed in writing at the request of the developer.
A.
In lieu of the completion of any improvement required prior to and
as a condition for final approval of a plat, the applicant shall deposit
a completion bond, as defined by this chapter, in favor of the Borough,
in an amount equal to 110% of the cost of completion of the improvements
estimated as of 90 days following the date scheduled for completion
by the developer. Annually, the Borough may adjust the amount of the
completion bond 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 Borough may
require the developer to post additional security in order to assure
that the completion bond equals said 110%. Any additional security
shall be posted by the developer in accordance with this subsection.
B.
The amount of the completion bond required shall be based upon a
written estimate of the cost of completion of the required improvements
submitted by an applicant or developer and prepared by an engineer
and certified by such engineer to be a fair and reasonable estimate
of such cost. The Borough, upon the recommendation of the Borough
Engineer, may refuse to accept such estimate for good cause shown.
If the applicant or developer and the Borough are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another engineer chosen mutually by the Borough and the applicant
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 Borough and the applicant
or developer.
C.
If the party posting the completion bond requires more than one year
from the date of posting of the completion bond to complete the required
improvements, the amount of the completion bond may be increased by
an additional 10% for each one-year period beyond the first anniversary
date from posting of the completion bond 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 procedure.
In all subdivisions or land developments where private improvements are required by this chapter or voluntarily provided by the developer, an amenities bond shall be required. The procedure for posting the amenities bond shall be the same as that required by § 183-18 of this chapter for posting a completion bond.
A.
As a condition of granting final approval of a subdivision or land
development that requires the installation of public improvements
or to which conditions are attached to the grant of final approval,
the Borough Council shall require that the developer execute a development
agreement with the Borough, in a form acceptable to the Borough Solicitor,
containing any conditions attached to the approval of the plan and
provisions that are reasonably required to guarantee the proper installation
of on-site and off-site improvements related to the subdivision and/or
land development and provisions necessary to indemnify the Borough
in connection therewith.
B.
Said agreement shall be executed, the required completion bond shall
be posted and all required fees shall be paid before the Borough Manager
shall affix his or her signature and the Borough Seal to the final
plat for recording purposes.
A.
Upon approval of a final plat by the Borough, the developer shall,
within 90 days of such final approval or 90 days after the date of
delivery of an approved plat signed by the Borough Council following
completion of conditions imposed for such approval, whichever is later,
record such plat in the office of the Allegheny County Recorder of
Deeds.[1]
B.
In the event that the plan has not been recorded within the required 90 days, the Borough Manager is authorized to reinstate the Borough's approval for recording, provided that there are no changes in the subdivision or land development plan previously granted approval and all the requirements of this chapter regarding posting of a completion bond and execution of a development agreement have been met, and further provided that the plan is submitted for reinstatement of approval within 90 days following the expiration of the original 90 days from the date of final approval. Any request for final approval which is submitted after 180 days from the date of the original granting of final approval shall be required to resubmit an application for final approval in conformance with the requirements of §§ 183-14 through 183-20 of this chapter.
Upon recording of the final plat in the office of the County
Recorder of Deeds, the developer shall deliver to the Borough two
reproducible Mylars of the plat as recorded, containing all required
signatures and dates of approval.
