All applications for approval of a plat, whether preliminary or final, shall be acted upon by the governing body within such time limits as outlined in § 219-14, but the governing body shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, or after a final order of the court remanding an application, provided that should the said next regular meeting occur more than 30 days following the filing of the application, or the final order of the court, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.
A. 
The decision of the governing body or the planning agency shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
B. 
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.
C. 
Failure of the governing body or agency to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
A. 
The Borough Council shall establish, by annual fee resolution, a collection procedure and schedule of fees to be paid hereunder by the developer at the time of filing an application. The fee resolution shall establish an application fee, review fee and any other fees for subdivisions, simple subdivisions, and land development reviews.
B. 
In order to defray a portion of the cost incurred by the Borough in inspecting the installation of the improvements required by this chapter, and to ensure compliance with these regulations, the developer shall present a check or money order, made payable to the Borough, in an amount equal to 2% of the estimated cost of the improvements used in the determination of the financial security, as determined by the Borough Engineer. This fee is separate from and in addition to any application fees required by the Borough. The fee shall be paid at the time of submission of the development agreement, and kept in a separate account used solely for the purposes of complying with this section. Upon completion of all inspections and other requirements, the remainder of the funds held in this account retained by the Borough shall be returned to the developer, along with an itemized statement evidencing the expenditures of the funds from the account. This fee shall be paid at the time of submission of the development agreement.
C. 
Said schedule of fees shall be posted in the municipal offices and shall be available for inspection upon request.
D. 
No final plan shall be approved unless and until all fees and charges are paid in full.
The format and wording of certificates and approvals to appear on the final tracing proposed for recording shall conform to the requirements of the Allegheny County Subdivision and Land Development Ordinance as now, or hereinafter, amended.
No lot in a subdivision shall be sold, no permit to erect, alter or repair any building upon land in a subdivision or land development shall be issued, and no building shall be erected in a subdivision or land development, until a final plan has been approved by the Borough and properly recorded, and further, until the required improvements have been constructed or their construction guaranteed.
A. 
Where any public street in the Borough, including the paved area, gutters, utilities and the right-of-way, is hereafter damaged in any manner whatsoever, the person or persons directly responsible for said damage, the subcontractor and/or general contractor for whom said person or his superiors work, or with whom they have contracted, shall be jointly liable for any and all damage to said Borough street, and shall repair said damage within 90 days of any written notification by the Borough. All repairs shall meet Borough standards and shall be subject to Borough inspection.
B. 
In certain cases where the damage to the Borough street creates a hazard to public health, safety, and welfare, the Borough Engineer, upon advice from the Solicitor, and direction from the Borough Council, may require that the damage shall be repaired within a reasonable time frame that is less than the 90 days provided herein, or the Borough, at its own discretion, may provide for the repair to address the hazard to public health, safety, and welfare at the Borough's expense and thereafter pursue a lien against the contractor directly responsible for said damage.
A. 
Where the applicant shows to the satisfaction of the Borough that the literal compliance with any mandatory provision of these regulations causes undue hardship to the applicant because of peculiar conditions pertaining to the particular property, the Borough may grant a modification to one or more provisions of this chapter. Such modification, however, shall not have the effect of nullifying the intent and/or purpose of this chapter.
B. 
All requests for modification of any standard and/or requirement contained in this chapter shall be made in accordance with the following procedure:
(1) 
The request shall be made in writing and shall accompany the preliminary plan application. The request shall include:
(a) 
A full description of the unreasonableness or hardship on which the request is based, and any peculiar circumstances.
(b) 
A full description of the alternative standard proposed to provide equal or better results.
(c) 
The section(s) of this chapter that are requested to be modified and the minimum modification necessary to relieve the hardship.
(2) 
The request for modification shall be reviewed by the Planning Commission during to determine compliance with the requirements of this section, and shall be recommended for action to the Borough Council.
(3) 
The Borough Council, after receipt of the Planning Commission recommendation, shall complete its own review and shall grant or reject the required modification.
(4) 
If the modification is granted, a note shall appear on the final plan for recordation.
(5) 
The Borough Council shall keep a written record of all action on all requests for modifications.
A. 
As a condition of granting final plan approval, the Borough shall require that the developer execute a development agreement with the Borough in a form acceptable to the Borough Solicitor, containing provisions that are reasonably required to ensure compliance with any conditions of approval and any ordinance or regulation of the Borough and to guarantee the proper installation of on-site improvements related to the subdivision and/or land development, and provisions necessary to indemnify the Borough in connection with such subdivision and/or land development.
B. 
If the applicant fails to execute the development agreement within 90 days of the date of final plan approval, or fails to initiate construction within one year of the date of execution of the development agreement, final plan approval shall expire, unless the applicant/developer submits a written request for an extension prior to the expiration of the one-year period and the Borough Council grants the request in writing. In the event that final plan approval expires, the developer shall resubmit a final plan application for approval.