NORTH EAST BOROUGH SUBDIVISION ORDINANCE …elibrary.pacounties.org/Documents/Erie_County/1123;...

NORTH EAST BOROUGH

SUBDIVISION ORDINANCE

2000

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CHAPTER 22

SUBDIVISION AND LAND DEVELOPMENT

PART 1

GENERAL PROVISIONS

522.101 . 522.102 . 522.103 .

522.105 . 522.107 .

Short Title ........................................... .22 .5 Purpose ............................................. .22 .5 Compliance .......................................... .22 .5

Amendment ......................................... .22 -6 . 522.106 . Conflict ............................................. .22 -6

Erie County Department of Planning Review . . . . . . . . . . . . . . . . .22 -6

522.104 . Hadship’. ............................................ 22.5

PART 2

DEFINITIONS

522.201 . Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 .7

PART 3

PLAN PROCESSING PROCEDURES

522.301 . Pre-application ....................................... 22-13

922.304 . Recording ........................................... 22-15

522.302 . Conditional Approval of Preliminary Plan . . . . . . . . . . . . . . . . . . 22-13 s22.303 . Approval of Final Plan ................................. 22-14

522.305 . Completion of Improvements or Guarantee . . . . . . . . . . . . . . . . . 22-16 522.306 . Release from Improvement Bond ......................... 22-18 522.307 . Remedies to Effect Completion of Improvements . . . . . . . . . . . . . 22-19

PART 4

DESIGN STANDARDS

522-401 . General Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-21 522-402 . Natural Features and Floodplains ......................... 22-21 s22-403 . Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-21 522-404 . Alleys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-24 522-405 . Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-24

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522-406 . Lots ................................................ 22-24 522-407 . 522408 . 522-409 .

Easements and Rights-of-Ways ........................... 22-25 Building Lines ........................................ 22-25 Planned Residential Development ......................... 22-25

PART 5

IMPROVEMENTS

522501 . 522.502 . 522.503 . 922.504 . 522.505 . 922.506 . 522.507 . 522.508 . 522.509 . 522-5 10 . 522.511 .

General ............................................. 22-27 Monuments .......................................... 22-27 Streets .............................................. 22-27 Storm Drainage. Stormwater Management and Erosion and Sedimentation Control ................................. 22-28 Watersupply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-28 Sanitary Sewers ....................................... 22-29 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-29 Street Lights ......................................... 22-30 Street Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-30 Street Trees .......................................... 22-30 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-30

PART 6

PLAN SPECIFICATIONS

522.601 . 522.602 .

Sketch Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-31 Preliminary Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-31 Final Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-33 522.603 .

PART 7

ADMINISTRATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-37 522-701 . Review Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-37 522-702 . Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-37 522-703 . Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-38 522-704 . Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-38

g22.705 . Preventive Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-38 522.706 . Enforcement Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-39

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PART 1

GENERAL PROVISIONS

522-101. Short Title.

This Chapter shall be known and may be cited as "North East Borough Subdivision and Land Development Ordinance."

(Ord. 694,9/26/1983, SlOl)

§22-102. Purpose.

This Chapter is adopted for the following purposes:

A. To assist the orderly and efficient development of North East Borough.

B. To promote the health, safety, morals and general welfare of the residents of North East Borough.

C. To secure equitable handling of all subdivision plans by providing uniform procedures and standards.

D. To implement the North East Borough portion of the North East Regional Comprehensive Plan update.

(Ord. 694,9/26/1983,§102)

§22-103. Compliance.

No subdivision or land development or any lot, tract or parcel of land shall be effected, no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use and travel, or the common use of occupants of building abutting thereon, except in accordance with the provisions of these regulations. No lot in a subdivision may be sold, no permit to erect, alter or repair any building in a subdivision may be issued unless and until a plan of such subdivision shall have been approved and properly recorded, and until the improvements required by the Borough Council in connection therewith shall have either been constructed or guaranteed as herein provided.

(Ord. 694,9/26/1983,§103)

§22-104. Hardship.

Where, owing to special conditions, a literal enforcement of these regulations would result

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in unnecessary hardship, the Borough Council may make such reasonable exceptions thereto as will not be contrary to the public interest, and may permit the sale of a lot, issuance of a pennit or erection of a building subject to conditions necessary to assure adequate streets and other public improvements.

(Ord. 694,9/26/1983,§104)

522-105. Amendment.

These regulations as set forth herein may be amended, altered or revised by the Borough Council from time to time after a public hearing is held pursuant to public notice. In case of an amendment other than that prepared by the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission and the Erie County Department of Planning for recommendation at least 30 days prior to date of the public hearing.

(Ord. 694,9/26/1983,§105)

522-106. Conflict.

Whenever there is a difference between the minimum standards or dimensions specified herein and those contained in other regulations, resolutions or ordinances of North East Borough, the highest standards shall govern.

(Ord. 694,9/26/1983,§106)

522-107. Erie County Department of Planning Review.

Plans of subdivisions shall be reviewed by the County Planning Department. Before the approval of a plan by the Borough, the Borough shall transmit a copy of the proposed plan to the County Planning Department for review, comments and recommendations. Pending the receipt and consideration of such comments and recommendations, the Borough shall defer action thereon, but if such report is not received by the Borough Council within 45-a days from the submission of the plan to the County Planning Department, or within such further time as may be agreed upon by the Borough Council, the Borough Council may proceed to final action thereon.

(Ord. 694,9/26/1983,§108; as amended by A.O.

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PART 2

DEFINITIONS

522-201. Definitions.

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1. Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meaning indicated.

2. Words in the singular include the plural and words in the plural include the singular. The word "person" includes a corporation, unincorporated, associated and a partnership as well as an individual. The word ?building" includes "structure" and shall be construed as if followed by the words "or part thereof." The word "street" includes "road," highway," and "land;" and "watercourse" includes "drain," "ditch" and "stream". The words "shall" or "will" are mandatory and the word "may" is permissive.

3. . Terms.

APPLICANT - a landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT - every application, whether preliminary or final, required to be filed and approved prior to start of construction or development including but not limited, to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a land development plan.

BLOCK - an area bounded by streets.

BUILDING LINE - the line within the property defining the required minimum distance between any structure and the adjacent street right-of-way.

CLEAR SIGHT TRIANGLE - an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street lines and the sight lines.

COMMISSION - the word Commission or the words Planning Commission or Borough Planning Commission shall mean the North East Borough Planning Commission.

COMMON OPEN SPACE - a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the planned residential development, not including streets, off-street parking areas and areas set aside for public facilities.

COUNTY PLANNING DEPARTMENT - the Erie County Department of Planning.

CROSSWALK - a right-of-way, municipally or privately owned, at least 12 feet in width, which cuts across a block to furnish access for pedestrians to adjacent streets

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or properties.

DEVELOPMENT PLAN - the provisions for development of a planned residential development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.

DEVELOPER - any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

EASEMENT - a right granted to use certain land for a special purpose not inconsistent with the general property rights of the owner.

ENGINEER - a professional engineer licensed as such in Pennsylvania, duly appointed as the Borough Engineer of North East Borough.

GOVERNING BODY - Borough Council of North East Borough, Erie County, Pennsylvania.

IMPROVEMENTS - those physical additions and changes to the land that may be necessary to produce usable and desirable lots. (Grading, water mains, sanitary sewers, storm sewers and drains, street shade trees, street signs and monuments, street paving and lights, and curbs and sidewalks).

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LAND DEVELOPMENT - any of the followine: activities:

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

a A UOUP of two or more residential or nonresidential buildinps, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or,

(b) The division or allocation of land or space, whether initially or

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cumulativelv, between or among two or more existing; or prospective occupants bv means of, or for the purpose of streets, common areas, leaseholds, condominiums, building g;roups - or other features;

A subdivision of land.

"Land development" does not include development which involves:

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[A.O.]

The conversion of an existing single familv detached dwelling or single familv semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;

The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing; principal building; or,

The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principallv as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage bv an amusement park until initial plans for the expanded area have been approved bv the proper authorities.

LANDOWNER - the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land, shall be deemed to be a landowner.

LOT - a parcel of land intended for transfer or ownership or building development, that is presently occupied or capable of being occupied by one principal building or use and by those buildings or uses accessory to the principal building or uses.

LOT, DOUBLE FRONTAGE - a lot, having at least two sides fronting on separate streets which do not intersect while adjoining the lot.

LOT AREA - the area contained within the property lines of the individual parcels of land as shown on the subdivision plan, excluding space within any street, but including the area of any easement.

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MASTER PLAN - the North East Borough portion of the North East Regional Comprehensive Plan update which is the comprehensive general plan, or any of its parts, for the future growth, protection and development of the Borough of North East.

MUNICIPALITY - North East Borough, Erie County, Pennsylvania.

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PENNSYLVANIA PLANNING CODE - Pennsylvania Municipalities Planning Code (Act 247 of July 31, 1968) and amendments thereto which arefrom time to time adopted.

PLAN, SKETCH - a free hand sketch showing the contemplated development of the subdivision and its relationship to adjacent land.

PLAN, PRELIMINARY SUBDIVISION - a tentative subdivision plan showing existing features of land and proposed street and lot layout within and adjacent to a subdivision as required in Part 6.

PLAN, FINAL SUBDIVISION - a complete and exact subdivision plan prepared for official recording as required by Part 6.

PLANNED RESIDENTIAL DEVELOPMENT - an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of a municipal zoning ordinance.

PLAT - the map or plan of a subdivision or land development, whether preliminary or final.

PUBLIC NOTICE - notice published once each week for 2 successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days -and the second publication shall not be less than 7 days from the date of the hearing. [A.O.]

RIGHT-OF-WAY - land dedicated for use as a public street, alley or crosswalk.

STREET - a general term used to describe a right-of-way, municipally or privately owned, serving as a means of vehicular and pedestrian movement and access to adjacent properties, furnishing space for sewers, public utilities, and shade trees. The streets are classified by function as follows:

LOCAL STREET - a street used as the principal means of access to adjacent properties serving only a comparatively small number of dwellings.

COLLECTOR STREET - a street or road connecting local streets to each other, to community facilities, and to primary or major thoroughfares, serving only the neighborhood traffic.

PRIMARY or MAJOR THOROUGHFARES - a street connecting district centers, servicing large volumes of through, fast traffic, preferably located outside or bounding the residential neighborhoods.

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Alley (or Service Drive) - A strip of land over which there is a right-of-way, municipally or privately owned serving as a secondary means of access to two or more properties.

Cul-de-sac - A residential street with one end open for public vehicles and pedestrian access and the other end terminating in a vehicular turnaround.

Half Street - One-half of a street right-of-way and paving, usually with its center line located on a property line.

Marginal Access Street - A street parallel and adjacent to primary or major thoroughfares providing access to abutting properties and control of intersections with major thoroughfares.

STRUCTURE - any manmade object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVIDER - a person who is the registered owner, or authorized agent of the registered owner, of land to be subdivided.

SUBDIVISION - the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition bv the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision bv lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or anv residential dwelling, shall be exempted. [A.O.]

SUBDIVISION, MAJOR - a subdivision containing more than five lots requiring the submission by the subdivider and approval by the Borough Council (either conditional or final) of preliminary and final subdivision plans, and any subdivision involving a

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SUBDIVISION, MINOR - a subdivision containing five lots or less served by an existing public street wherein the governing body may waive the requirements of submitting a preliminary subdivision plan provided the final subdivision plan meets all the requirements of this Chapter.

SUBSTANTIALLY COMPLETED - where, in the judgment of the Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

(Ord. 694,9/26/1983, Art. 2; as amended by A.O.

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PART 3

PLAN PROCESSING PROCEDURES

@2-301. Pre-application.

1. Prior to making formal application, the subdivider is urged to appear before the Planning Commission at any regular or special meeting to discuss the general nature of his proposed development. If desired, a sketch plan may be prepared and presented for review and discussion at this time. The sketch plan should generally include those items listed in 522-601.

2. The Planning Commission shall advise the subdivider whether the plans and data as submitted do or do not meet the objectives of this Chapter. When the Planning Commission finds the plans and data do not meet the objectives of this Chapter, it shall express its reasons therefor.

3. The subdivider should also discuss his proposed development with the Erie County Planning Department and, when septic tanks are contemplated, the subdivider shall confer with the Pennsylvania Department of HeaM+Environmental Protection, or its authorized local representative. [A.O.]

4. Such discussions and/or sketch plan review will be considered confidential. Submission of a sketch plan shall not constitute formal filing of a subdivision plan.

5. If a subdivision is deemed a minor subdivision, the subdivider shall then submit a final plan and does not have to have conditional approval of a preliminary plan. A subdivision shall be considered a minor subdivision if

A. No new streets are involved.

B. The extension of sewers, water lines or storm drains is not involved and it is not necessary to provide any drainage easements.

C. The number of lots involved does not exceed five.

(Ord. 694,9/26/1983,5301; as amended by A.O.

s22-302. Conditional Approval of Preliminary Plan.

1. On reaching conclusions informally, as recommended in 522-301, regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary plan, together with improvement plans and other supplementary material as specified in 522-602.

2. Four copies of the preliminary plan and supplementary material specified shall be submitted to the Planning Commission with written application for conditional

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approval at least 10 days prior to the meeting at which it is to be considered.

Following (A) review of the preliminary plan and other material submitted for conformity thereof to this Chapter, and (B) negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Planning Commission shall submit a report of its recommendations to the Borough Council within 20 days.

The Borough Council shall take action within 45-% days after the subdivision application is filed. The Borough Council may grant conditional approval subject to such conditions as it may require to carry out this Chapter. If conditional approval is refused, the Borough Council shall state its reasons to the subdivider. The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to his last known address not later than 5 days following the decision. [A.O.]

Before acting on the preliminary plan, the Borough Council shall arrange for a public hearing thereon. Adequate public notice in accordance with 5107 of the Pennsylvania Municipalities Planning Code shall be given.

Any modification of the preliminary plan required by the Borough Council as prerequisite to approval shall be noted on four copies of the preliminary plan. One copy will be returned to the subdivider, one copy filed with the Planning Commission, one copy will be forwarded to the Erie County Planning Department and the fourth will be retained by the Borough Council.

Conditional approval of a preliminary plan shall not constitute approval of the final plan. Rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan.

(Ord. 694,9/26/1983, $302; as amended by A.O.

922-303. Approval of Final Plan.

1.

2.

3.

4.

The final plan shall conform substantially to the preliminary plan as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plan which he proposes to record and develop at that time.

Application for approval of the final plan shall be submitted in writing to the Planning Commission at least 10 days prior to the meeting at which it is to be considered.

Four copies of the final plan and other exhibits required for approval shall be prepared as specified in Part 6, and shall be submitted to the Planning Commission within 12 months after approval of the preliminary plan by the Borough Council, otherwise such approval shall become null and void unless an extension of time is applied for and granted by the Borough Council.

If the Planning Commission finds that this final plan accords with this Chapter, it shall

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sign the plan and submit it to the Borough Council. If it disapproves, the Planning Commission should advise the Borough Council of its reasons within 20 days.

No plan shall receive final plan approval unless the subdivider shall have filed with the Borough Council a performance bond in favor of the Borough or other assurance acceptable to the Borough Council, or shall have completed all required improvements listed in Part 5, and as the Borough Council may require in the public interest.

The Borough Council may approve the final plan for recording following receipt of a report from the Planning Commission and the Erie County Planning Department and authorize a proper official to sign the plan to be returned to the subdivider. If the Borough Council disapproves the plan, it must do so within 45% days after the application is filed and must state the reasons for disapproval. [A.O.]

If the report of the Erie County Planning Department is not received by the Borough Council within 45-a days from the date the plan was submitted to the County Planning Department or within such further time as may be agreed upon, the Borough Council may proceed to final action thereon. The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 5 days following the decision. [A.O.]

Before acting on any subdivision plan, the Borough Council may arrange for a public hearing thereon. Adequate public notice in accordance with 5107 of the Pennsylvania Municipalities Planning Code shall be given. If a public hearing has been held upon a preliminary plat or plan, a public hearing shall not be required upon the final plat unless the final plat departs substantially from the preliminary plat or plan.

Upon completion of the improvements in accordance with the specifications of the Borough, the subdivider shall take steps to dedicate the improvements and have the same accepted by the Borough.

(Ord. 694,9/26/1983, 5303; as amended by A.O.

522-304. Recording.

1.

2.

3.

The final plan must be filed with the Erie County Recorder of Deeds before proceeding with the sale of lots or construction of buildings.

In accordance with 5512 of the Pennsylvania Planning Code, the approved final plan must be presented by the subdivider for recording to the Office of the Recorder of Deeds for Erie County within 90 days after the final approval, or such approval shall be considered null and void. Reapproval thereafter may be granted by the Borough Council provided no significant changes have been made in either the plan or the surrounding community.

Recording the final plan after approval by the Borough Council shall have the effect of an irrevocable offer to dedicate all streets and other public ways to public use, and to dedicate or reserve all park reservations and other public areas to public use unless

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reserved by the subdivider as hereinafter provided.

4. The subdivider may place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated public areas, (or in unusual circumstances) streets or alleys, in which event the title to such areas shall remain with the owner, and the Borough shall assume no responsibility for improvement or maintenance thereof which fact shall also be noted on the final plan.

(Ord. 694,9/26/1983, $304)

522-305. Completion of Improvements or Guarantee.

1.

2.

3.

4.

No plat shall be finally approved unless the streets shown 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, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains 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, this Chapter provides for the deposit with the Borough of financial security in an amount sufficient to cover the costs of any 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. Without limitation as to other types of financial security which the Borough 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.

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 said bonding company or lending institution is authorized to conduct such business within the Commonwealth. Such bond, or other security shall provide for, and secure to the public, the completion of any improvements which may be required within one year of the date fixed in the subdivision plat for completion of such improvements. The amount of financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted. The cost of the improvements shall be established by submission to the Borough Council of bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements or, in the absence of such bona fide bids, the cost shall be established by estimate prepared by the Borough Engineer.

If the party posting the financial security requires more than 1 year from this 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 1 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

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reestablished on or about the expiration of the preceding 1 year period by using the above bidding procedure. In the case where development is projected over a period of years, the Borough Council may authorize submission of final plats by section or stages of development subject to such requirements or guarantees 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.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough Council to release or authorize the release,

contractor or contractors performing the work. Any such request shall be in writing addressed to the Borough Council, and the Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed or, if the Borough Council fails to act within said 45 day period, the Borough Council shall be deemed to have approved the release of funds as requested. The Borough Council may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

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 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.

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 municipal authority separate and distinct from the Borough, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling municipal authority and shall not be included within the financial security as otherwise required by this Section.

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 Borough shall not condition the issuance of building 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 improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable

22-15



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.

(Ord. 694,9/26/1983,§305)

922-306. Release from Improvement Bond.

1.

2.

3.

4.

- 5.

When the developer has completed all of the necessary ant, appropriate improvements, the developer shall notify the Borough Engineer in writing, by certified or registered mail, of the completion of the aforesaid improvements. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report, in writing, with the Borough Council, 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 Borough Engineer of the aforesaid authorization from the Borough Council; and said report shall be detailed and shall indicate approval or rejection of said improvements, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

The Borough Council shall notify the developer, in writing by certified or registered mail, of the action taken.

If the Borough Council or the Borough Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

If any portion of the said improvements shall not be approved or shall be rejected by the Borough Council, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed;

The applicant or developer shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection of improvements according to a schedule of fees adopted by resolution of the BorouPh Council and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough Engineer or consultant for work performed for similar services in the communitv, but in no event shall the fees exceed the rate or cost charged by the Ennineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.

- A. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notifv the Borough that such expenses are disputed as unreasonable or unnecessary, in which case the Borouvh shall not delay or disapprove a subdivision or land development application or any

22-16

(22, PART 3)

--l c I I ' I I I I

I I I I I I

:.

B. -

- C.

D. -

E. -

[A.O.]

approval or permit related to development due to the applicant's request over disputed ennineer expenses.

If, within 20 days from the date of billing, the Borough - and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the Borough shall jointly, by mutual agreement, appoint another professional ennineer - licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessarv.

The professional engineer so appointed shall hear such evidence and review such documentation as.the professional engjneer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.

In the event that the Borough and applicant cannot agree upon the professional ennineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Tudge of the court of common pleas of the iudicial district in which the Borough is located (or if at the time there be no President Tudge, then the senior active judge then sitting) shall appoint - such ennineer, who, in that case, shall be neither the Borough Engineer nor any professional ennineer who has been retained by, or performed services for the Borough or the applicant - within the - preceding 5 years.

The fee of the appointed professional ennineer - for determining: the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the orininal bill. If the amount of payment required in the decision is less than the original bill bv $1,000 or more, the Borough shall pay the fee of the professional engineer, but otherwise the Borough and the applicant shall each pay M of the fee of the appointed professional engineer. -

(Ord. 694,9/26/1983, s306; as amended by A.O.

§22-307. Remedies to Effect Completion of Improvements.

In the event that any improvements which may be required have not been installed as provided in this Chapter or in accord with the approved final plat, the Borough Council is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough Council may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or

22-17



equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Borough purpose.

(Ord. 694,9/26/1983,§307)

22-18

1

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I I I I I I I

I

5

,)

(22, PART 4)

PART 4

DESIGN STANDARDS

w-401. General Requirements.

1. In the layout, development and improvement of a subdivision, the subdivider shall comply with all standards, specifications, codes, and ordinances of the Borough, and in addition, he shall meet, as minimums, the standards of design and principles of land subdivision, set forth in this Part.

2. The standards and details of design herein contained are intended only as minimum requirements so that the general arrangements and layout of a subdivision may be adjusted to a wide variety of circumstances. However, in the design and development of the subdivision plan, the subdivider should use standards consistent with the site conditions so as to ensure an economical, pleasant and durable subdivision.

(Ord. 694,9/26/1983,§401)

522-402. Natural Features and Floodplains.

1. Existing natural features such as trees, steep slopes, water courses and historic places shall be preserved as a conservation measure except to the extent that their removal or modification is functionally related to the harmonious design of the subdivision.

2. Land subject to flooding and land deemed by the Planning Commission, the Borough Council, County Soil and Water Conservation District or other official authority, to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may involve danger to health, life or property or aggravate the flood hazard, but such land within the area of the plan shall be set aside for such uses as shall not be endangered by periodic or occasional inundation.

3. In addition to the requirements of this Chapter, all land subject to flooding shall comply with the regulations of the North East Borough Floodplain Ordinance [Chapter 81 before a subdivision plat may be approved.

(Ord. 694,9/26/1983,§402)

522-403. Streets.

1. The arrangement, character, extent, width, grade and location of all streets shall conform to the master plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

2. Where such is not shown in the master plan, the arrangement of streets in a

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I I I I I ~I I I B I I I I I I I I 1 I


subdivision shall either:

A. Provide for the continuation or appropriate projection of existing streets in surrounding areas.

B. Conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Local streets shall be so laid out that their use by through traffic will be discouraged.

Where a subdivision borders on or contains a railroad right-of-way, the Borough Council may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

Street jogs with centerline offsets of less than 125 feet shall be.avoided.

A tangent at least 100 feet long shall be introduced between reverse curves on major thoroughfares and collector streets.

Multiple intersections involving the junction of more than two streets shall be avoided, and where such avoidance is impossible, such intersections shall be designated with extreme care for both vehicular and pedestrian safety.

Right angle intersections shall be used whenever practicable, especially when local residential streets and rural streets and roads empty into major or collector thoroughfares and there shall be no intersection angle, measured at the center line, of less than 70" degrees.

Street curb intersections shall be rounded by a tangential arc with a minimum radius of 15 feet for local residential streets and rural streets and roads and cul-de-sacs and 30 feet for intersections involving collector streets or roads and primary roads or major thoroughfares.

If the lots resulting from the original development are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such eventuality shall be provided.

The dedication of half streets at the edge of new subdivisions is prohibited. If circumstances render this impractical, adequate provision for the concurrent dedication of the remaining half of the street must be furnished by the subdivider. The existence of a half street in an adjoining subdivision will require the provision of the remaining half of the proposed subdivision.

Reserve strips controlling access or egress are prohibited. New streets shall be provided through to the boundary lines of the development especially if it adjoins

22-20

Street Type/Design Standards

Min. Min. Row Cartwa Max (Note 1) y Grade

Width

Major Thoroughfares

Collector Streets

Local Streets

Marginal Access Streets

80‘ 36’ 5.0%

60’ 30’ 7.5%

50‘ 24’ 10.0%

40’ 20’ 10.0%

(22, PART 4)

acreage.

13. Streets that are extensions of, or obviously in alignment with, existing named streets shall bear the names of the existing streets subject to the approval of the Planning Commission. No street names shall be used which will duplicate or be confused with the names of existing streets.

Street dimensions, grades and alignment shall meet the following standards: 14.

Max Len@ h (Note 3)

Min. Sight Dst. (Note 2)

400‘

Min. Radii of Center line

500’

I Min. Grade

I I’ 0.5%

0.5% 400’ 300‘

0.5% 200‘ 200‘

0.5% 100‘ 100’

100’

50’

---

---

600’ Cul-de-sacs I 40’ 1 20’ 1 10.0% I 0.5% 100’

50’

- Pedestrian I 12’ I 8‘ I -- I -- I I I I

NOTES:

(1) Additional widths may be required upon findings that the same are required for:

(a) Public safety and convenience.

(b) Parking in commercial or public use areas.

(c) Old roads which do not provide the proper widths, and where, as a consequence, additional dedication is necessary.

(2) Sight distance shall be measured along the centerline at eye level. Proper sight lines should be maintained at all intersections or streets. Measured along the center line, there should be a clear sight triangle or 75 feet from the point of intersection. No future building or obstruction shall be permitted in this area. :: (3) Cul-de-sacs shall be designated with a turn-around having an outside cartway

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I.


i

I I

diameter of at least 80 feet and a property line diameter of at least 100 feet.

(Ord. 694,9/26/1983,§403)

522-404. Alleys.

1. Wherever possible, alleys shall be avoided, particularly in residential areas. In no event are alleys to be utilized as the primary means of access to properties.

2. Alleys shall be provided in commercial and industrial districts, except that this requirement may be waived where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.

3. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, comers shall be cut off sufficiently to permit safe vehicular movement.

4. Deadend alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the deadend, as determined by the Planning Commission.

(Ord. 694,9/26/1983,§404)

§22-405. Lots.

1. All blocks in a subdivision shall have a maximum length of 1,400 feet. Such blocks containing individual lots shall be at least two lot depths in width, except lots along a major thoroughfare which front on an interior street. Modification of the above requirements are possible in commercial and industrial developments or planned unit developments .

2. A minimum of 800 feet shall be maintained between intersecting local and collector streets with a primary street or major thoroughfare which intersect on the same side of such major thoroughfare.

3. In large blocks with interior parks, in exceptionally long blocks, or where access to a school or shopping center is necessary, a crosswalk shall be provided.

(Ord. 694,9/26/1983,§405)

522-406. Lots.

1. The lot size, width, depth, shape, orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

22-22

(22, PART 4) I I

I I'

I I I I I I r I I I I I I

; I

2.

3.

4.

5.

Lot dimensions shall conform to the requirements of the Zoning Ordinance [Chapter 271. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.

Double frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

Side lot lines shall be substantially at right angles or radial to street lines.

( a d . 694,9/26/1983,§406)

922-407. Easements and Rights-of-Ways.

1. To the fullest extent possible, easements should be centered on or be adjacent to rear or side lot lines. Such easements shall have a minimum width of at least 15 feet.

2. If sewer, water, gas, electrical, street lighting, or other public utility facilities are to be located within street rights-of-way, their location and installation shall be coordinated so that they may be added to, repaired or enlarged at minimum cost.

3. Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a stormwater easement conforming substantially with the lines of such water course and be of such width to be adequate for the purpose.

(Ord. 694,9/26/1983,§407)

522-408. Building Lines.

The minimum building set-back shall conform with the provisions of the Zoning Ordinance [Chapter 271.

(Ord. 694,9/26/1983, S408)

522409. Planned Residential Development.

1. The design standards provided herein may be modified by the Borough Council in the case of a plan utilizing an unusual concept of development which meets the requirements of this Part. The planned residential development provision is intended to encourage original and imaginative subdivision design which preserved the natural amenities of the site and provides for the general welfare of the Borough.

22-23



2. The PRD plan shall be consistent with the spirit and intent of ~s Chapter.

3. The PRD plan shall conform to the "Planned Residential Development" requirements of the North East Borough Zoning Ordinance [Chapter 271.

4. The area of land to be developed shall not be less than 5 acres. The PRD plan shall be compatible with adjacent properties.

5. The PRD plan shall permanently reserve common open space suitable for the use of the public or the residents of a particular subdivision. This land may be for future public facilities or for recreational or scenic open space as determined by the Borough Council and the Planning Commission.

(Ord. 694,9/26/1983,§409)

22-24

I

I I I I I I I I) I I I I I I I

I

I)

I”

(22, PART 5)

PART 5

IMPROVEMENTS

522-501. General.

All of the required improvements specified in this Part shall be constructed in accordance with other Parts of this Chapter and all other applicable Borough, County and State regulations.

(Ord. 694,9/26/1983, §Sol)

Q22-502. Monuments.

Concrete monuments shall be installed at or near the beginning and ends of tangent sections of all streets to provide permanent horizontal control.

(Ord. 694,9/26/1983,§502)

922-503. Streets.

The streets shall be graded to the grades and dimensions shown on plans and profiles and approved by the Borough Council or its authorized representative and shall include the following improvements:

A. Suitable drainage structures, culverts, storm sewers, ditches, and related installations shall be provided to ensure adequate drainage of all points along the streets.

B. The base course shall consist of a minimum compacted depth of 10 inches of selected materials such as tone, slag or gravel or a minimum compacted depth of 8 inches of crushed aggregate meeting Pennsylvania Department of Transportation specifications. Greater thickness as determined by the Borough Council or its authorized representative may be required as determined for the specific type of street proposed.

C. Pavement meeting Pennsylvania Department of Transportation specifications shall be required on all streets, cul-de-sacs, alleys and crosswalks.

D. Street shoulders shall be constructed which are uniformly and thoroughly compacted. Street shoulders shall have a minimum width of 2 feet.

(Ord. 694,9/26/1983,§503)

22-25

‘ I I I I I I I I I I I I I


s22-504. Storm Drainage, Stormwater Management and Erosion and Sedimentation Control.

1. The construction of a storm drainage system shall conform to the following requirements:

A. Drainage ditches or channels shall have a minimum gradient of one (1) percent, and a minimum depth of 2 feet.

B. Open watercourses shall have adequate capacity and erosion control to ensure safe and healthful disposal of stormwater.

C. When topsoil has been removed from the surface of a lot on a slope where erosion will cause a displacement of loose material, the subdivider shall be required to seed or provide other means to prevent the wash from damaging adjacent property or accumulating on street surfaces.

2. In addition to the requirements of this Chapter, all subdivision and land development activity shall comply with the regulations of the North East Borough Stormwater Management Ordinance [Chapter 261 before a subdivision or land development plat may be approved. [Ord. 7751

3. In addition to the requirements of this Chapter, all major subdivisions (and any minor subdivision that the Borough Council may deem necessary) shall have a soil erosion and sedimentation control plan and/or permit. This plan shall be prepared by the developer in accordance with current State law (Erosion and Sedimentation Control, Chapter 102, Pennsylvania Rules and Regulations, as amended) and reviewed and approved by the Erie County Conservation District. A permitted plan shall be fully implemented during the construction of the major subdivision.

(Ord. 694,9/26/1983, $504; as amended by Ord. 775,6/2/1997,§1)

§22-505. Water Supply.

1.

2.

3.

The subdivider shall connect to the community water supply except where the Planning Commission determines that such connection would be infeasible.

When a community water system is to be used, a letter of intent from the service company must be filed with the subdivision plan. The letter must state:

A. That the subdivision can be served with an adequate water supply.

B. That sufficient static and flow pressures for fire protection are available at peak demand periods.

C. The proposed pipe size must be stated.

Where community water system is not available, the subdivider shall supply

22-26

(22, PART 5)

I I I I I I, I I I I I 1

I

I I

5 acceptable evidence of the availability of water. The subdivider may be required to make one or more test wells in the area to be subdivided if such evidence is deemed not acceptable. Copies of well logs from said test wells which are obtained shall include the name and address of the well driller and shall be submitted with the plan.

If a private water supply is permitted, individual private wells shall be located at least 25 feet from property lines; 50 feet from all septic tanks; 100 feet from all the disposal fields and other sewage disposal facilities; 10 feet from all cast iron sewer lines, 30 feet from any vitrified tile sewer lines; and shall not be located within any flood plan.

.

4.

(Ord. 694,9/26/1983,§505)

522-506. Sanitary Sewers.

1.

2.

3.

4.

Where a public sewer system is reasonably accessible to the subdivision, the subdivider shall provide the subdivision with a complete sanitary sewer system to be connected to the public sanitary system.

Where a public sewer system is not reasonably accessible to the subdivision, and in the judgment of the Borough Council, extension of the public sewage system to the subdivision will not take place in the foreseeable future, a sewage disposal system utilizing an interim treatment plant may be permitted, if approved by the Health -Department of Environmental Protection. [A.O.]

If an interim treatment plant is permitted, equitable agreements, approved by the Borough Council shall be established concerning the operation of the treatment plant. If a sewage disposal system utilizing an interim treatment plant is not feasible, a private sewage disposal system consisting of septic tanks and tile absorption fields may be permitted.

If individual septic tanks are utilized, the subdivider, by covenant, will require that all private facilities be installed under direct supervision of a representative of the m D e p a r t m e n t of Environmental Protection or the representatives of the Borough designated to administer the Pennsylvania Sewage Facilities Act on behalf of the Borough. Such representatives will require percolation tests, soil samples, and other data to determine the size and extent of facilities needed. [A.O.]


522-507. Utilities.

Every lot in a subdivision shall be capable of being served by utilities and the necessary easements shall be provided. Electric, gas and other utility distribution lines shall be installed within public rights-of-way or within properly designated easements. To the fullest extent possible, underground utility lines should be located in easements along the rear property lines but when local conditions require installation in street rights-of-way, lines shall not be

22-27


installed beneath existing or proposed paved areas and in any case shall be installed prior to the placement of any paving.

(Ord. 694,9/26/1983, S507)

522-508. Street Lights.

When street lights are to be provided, the developer shall be responsible for making the necessary arrangements with the Borough and the appropriate public utility company involved; provided, however, that whether or not street lights are initially installed, the developer shall be responsible for providing utility easements for future street lighting installations upon consultation with the public utility company involved.

(Ord. 694,9/26/1983,§508)

522-509. Street Signs.

Street name signs of a type adopted or approved by the Borough Council shall be installed at each street intersection by the subdivider, on a location specified by the Borough Council.

(Ord. 694,9/26/1983,§509)

II 522-510. Street Trees.

I I I I I I I

Street trees of a deciduous hardwood type with a minimum caliper of 1 ?4 inches may be planted between the sidewalk and building line at least 5 feet from the sidewalk, or between the curb and sidewalk, provided the planting strip is a minimum of 6 feet wide.

(Ord. 694,9/26/1983, 5510)

822-511. Sidewalks.

1. Sidewalks shall be required on all sides of a lot which are adjacent to a street right-of-way. Said sidewalks shall be installed within 1 year after the construction of a principal building on a lot of record. A vacant lot owner shall have sidewalks installed within 1 year after the construction of sidewalks on both sides of said vacant lot.

2. In addition to the requirements of this Chapter, sidewalk construction shall comply with the regulations of Ord. 362 [Chapter 211.

(Ord. 694,9/26/1983, 5511)

22-28

(22, PART 6)

'tr I

I I I I i

I I I I I I

PART 6

PLAN SPECIFICATIONS

522-601. Sketch Plan.

1. A subdivision sketch plan may be submitted by the subdivider or property owner as a basis for informal and confidential discussion with the Planning Commission.

2. Data furnished in a sketch plan shall be at the discretion of the subdivider. It is suggested that the following items be included in the sketch plan presentation. The presentation need not be to scale and the precise dimensions are not required.

A. Tract boundary.

B. North Point.

C. Streets on and adjacent to the tract.

D. Topographical and physical features. (Use of U.S.G.S. 7 1%' 1" = 2000' scale quadrangle maps suggested.)

E. Proposed general street layout.

F. Proposed general lot layout.

G. Existing zone district in which subdivision is located.

(Ord. 694,9/26/1983,§601)

s22-602. Preliminary Plan.

1. The subdivider shall supply four copies of the preliminary plan and two copies of other required material along with a written application to the Commission. The copies of the preliminary plan can be either black and white or blue and white prints. Major subdivisions may require more than one sheet in which case a small scale key map appropriately indicating part of subdivision shown on each page shall be provided.

2. The preliminary plan shall be at scale of 50 or 100 feet to the inch or at the largest practical scale and shall show the following information:

A. Proposed subdivision name or identifying title.

B. Name and address of the owner of the tract or of his authorized agent, if any, and of the subdivider.

C . Date, north point and graphic scale.

22-29



D.

E.

F.

G.

H.

I.

J.

K.

L.

M.

N.

0.

P.

Total acreage of the tract and number of lots.

Zoning Requirements; District and Lot Size. Any changes that may be proposed in the provisions of the zoning applicable to the area to be subdivided; and suggested locations of buildings in connection therewith.

Tract boundaries showing distances and bearings.

Contours at vertical intervals of 5 feet unless other specified.

The names of all owners of all immediately adjacent unplotted land; the names of all proposed or existing subdivisions immediately adjacent, and the locations and dimensions of all existing streets, roads, railroads, public sewers, aqueducts, water mains and feeder lines, fire hydrants, gas, electric, and oil transmission lines, water courses, and other significant features within 400 feet of any part of the property proposed to be subdivided; and the location of all buildings and approximate location of all tree masses within the property.

The location and widths of any streets or other public ways or places shown upon an adopted master plan, if such exists for the area to be subdivided.

The full plan of the development, showing the location of all proposed streets, roads, alleys, utility easements, parks, playgrounds and other public areas; sewer and water facilities; proposed building setback lines for each street; proposed lot lines and approximate dimensions of lots; lot number and/or block number in consecutive order; and all streets and other areas designed for appurtenant facilities, public use or proposed to be dedicated or reserved for future public use, together with the condition of such dedications or reservations.

Provision for surface drainage of the tract to be subdivided.

A key map, for the purpose of locating the site to be subdivided at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all streets, roads, schools, parks and municipal boundaries existing within 1,000 feet of any part of the property proposed to be subdivided.

Tentative cross-sections and centerline profiles for each proposed street shown on the preliminary plan. These plans may be submitted as separate sheets.

Results and locations of percolation tests, made in accordance with the specifications of the 1 Department of Environmental Protection, (including the Pennsylvania Sewage Facilities Act) shall be submitted if onlot sewage systems are to be used. The test locations must be shown on at least two copies of the preliminary plan. [A.O.]

Preliminary designs of any bridges or culverts which may be required. These designs may be submitted as separate sheets.

Where the preliminary plan submitted covers only a part of the subdivider’s

22-30

(22, PART 6)

< I I I I I I I I; I I I I I I I

entire holding, a sketch of the prospective future street system of the unsubmitted part shall be furnished; the street system of the submitted part will be considered in the light of adjustments and connections with future streets in the part not submitted.

Q. Proposed street names.

R. A draft of any proposed covenants to run with the land.

S. A tentative timetable for the proposed sequence of development for the subdivision.

T. Statement of intentions regarding installation of required improvements or furnishing performance bond or other suitable security in lieu of such installations.


Q22-603. Final Plan.

1. The final plan which is to be submitted to the Commission for approval and subsequent recording shall either be drawn with India ink on tracing cloth or be a trarisparent reproduction of the final plan with black line on cloth or stable plastic base film. The final plans shall be at a scale of either 50 feet or 100 feet to the inch or at the largest practical scale. If the final plans are drawn in two or more sections it shall be accompanied by a key map showing the location of the several sections. The final plans shall be on no larger than 18 x 24 inch sheets.

2. The final plan shall show the following:

A. Name of the subdivision.

B. Name and address of the owner and subdivider.

C. North point, graphic scale and date.

D. Block and lot numbers (in consecutive order), dimensions, minimum area and total number of lots; acreage of whole development density and use of land.

E. Source of title to the land of the subdivision and to all adjoining lots, as shown by the books of the County Recorder of Deeds, names of the owners of all adjoining unsubdivided land.

F. Lot lines with accurate bearings and distances. Distances to be to the nearest hundredth of a foot.

G. Pedestrian way.

' D' 22-31

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H.

I.

J-

K.

M.

N.

0.

P.

Q.

R.

S .

Accurate dimensions of existing public land and of any property to be dedicated or reserved for public, semipublic or community use; all areas to which title is reserved by owner.

Accurate boundary lines, with dimensions and bearings, which provide a survey of the tract, closing with an error of not more than 1 foot in 10,000 feet.

Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plan.

Complete curve data for all curves included in the plan, including radius, delta angle, tangent, arc and chord.

Street names.

Location and material of all permanent monuments and lot markers.

Easements for utilities and any limitations on such easements.

Setback lines not less than the minimum as fixed by the Zoning Ordinance [Chapter 271.

A location map of the subdivision at a minimum scale of 2,000 feet to the inch, showing the relation of the property to adjoining property and to all streets, roads, and municipal boundaries existing within 1,000 feet of any part of the property proposed to be subdivided.

The following certificates, where applicable, shall be shown on the final plan:

Certification, with seal, by a registered professional engineer or registered land surveyor to the effect that the survey and plan are correct.

Certificate for approval by the Planning Commission.

A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the owner or owners of the property, to the effect that the subdivision shown on the final plan is the act and deed of the owner, that he (subdivider) is the owner of the property shown on the survey and plan, and that he desires the same to be recorded as such.

Certificate for approval by the Borough Council.

A certificate to provide for the recording information.

The final plan shall be accompanied by the following material:

(1) Final profiles, cross-sections, and specifications for street improvements and sanitary and storm sewerage and water distribution systems shall be

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shown on one,or more separate sheets.

All covenants running with the land governing the reservation and maintenance of dedicated or undedicated land or open space, which shall bear the certificate of approval of the Borough Solicitor as to their legal sufficiency.

Certificate of dedication of streets and other public property. (This is the offer of dedication.)

Where lot sizes are based on public water and/or public sewer facilities, assurance acceptable to the Borough Council that such facilities will be installed.

Such certificates of approval by proper authorities of the State and the Borough as may have been required by the Borough Council, including certificates approving the water supply system and sanitary sewer system of the subdivision.

One of the following for guaranteeing improvements:

(a) A certificate from the subdivider and signed by the authorized representative of the Borough Council in which the subdivision is located, that all improvements and installations in the subdivision required by these regulations have been made or installed in accordance with specifications.

(b) A certificate from the subdivider and signed by the authorized representative of the Borough Council that a bond, certified check, or other security satisfactory to the Borough has been field with the Borough.

(Ord. 694,9/26/1983,§603)

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PART 7

ADMINISTRATION

(22, PART 7)

522-701. Review Fees.

- 1. Review fees shall include the reasonable and necessary charges bv the Borough’s professional consultants or engineer for review and report to the Borough, - and shall be set bv resolution. Such review fees shall be reasonable and in accordance with the ordinary and customarv charges bv the Borough Engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged bv the engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.

- 2. In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notifv the Borough that such fees are disputed, in which case the Borough shall not delav or disapprove a subdivision or land development application due to the applicant’s request over disputed fees.

- 3. In the event that the Borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the fees shall be recalculated and recertified bv another professional engineer licensed as such in this Commonwealth and chosen mutuallv bv the Borough and the applicant or developer. The estimate certified bv the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third enPineer is so chosen, fees for the services of said ennineer shall be paid equally bv the Borough - and the applicant or developer. -

( a d . 694,9/26/1983,§701; as amended by A.O.

522-702. Inspection.

When the plans of streets and other improvements have been approved as provided in these regulations, the subdivider shall first notify the Borough Council or its authorized representative of his intention to proceed with the construction or installation of said streets and improvements; notification shall be made at least 48 hours before any such construction or installation shall commence so as to give the Borough Council or its representative an opportunity to inspect the site prior to commencement of work and to inspect installation or construction of said streets and improvements during the course of work being performed.

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SUBDIVISION AND LAND DEVELOPMENT I I (Ord. 694,9/26/1983,§702)

I 522-703. Maintenance.

Prior to any street, or other improvement beixig accepted by the Borough as herein provided, the subdivider shall post a maintenance bond and/or other security naming the Borough as obligee in an amount deemed adequate by the Borough Council to remedy any defects which are caused by defective or inferior materials or workmanship which may develop during a period of +~m-l8 months from date of acceptance by the Borough.


I I

522-704. Appeals.

In any case where the Borough Council disapproves a subdivision plan, any person aggrieved thereby may, within 30 days thereafter, appeal to the Court of Common Pleas of Erie County, Pennsylvania, in accordance with 5512 of the Pennsylvania Municipalities

. I I Planning Code.

(Ord. 694,9/26/1983,§704)

I. I I I I I I I I I

522-705. Preventive Remedies.

- 1. In addition to other remedies, the Borough may institute and maintain appropriate

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(22, PART 7)

actions bv law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a buildin% structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

- 2. The Borough may refuse to issue any permit or =ant 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:

- A. The owner of record at the time of such violation.

- B. 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.

- C. 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.

- D. 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.

- 3. 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. 694,9/26/1983; as added by A.O.

$22-706. Enforcement Remedies.

- 1. 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 iudment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or pavable until the date of the determination of a violation by the district iustice. If the defendant neither pays nor timely appeals the iudgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district iustice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Chapter to have believed that there was no

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such violation, in which event there shall be deemed to have been onlv one such violation until the fifth dav following; the date of the determination of a violation bv the district iustice and thereafter each dav that a violation continues shall constitute a separate violation.

- 2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem iudment pending a final adiudication of the violation and judmnent.

- 3. Nothing contained in this Section shall be construed or interpreted to grant to any person or entitv other than the BorouPh the right to commence any action for enforcement pursuant to this Section.

- 4. District iustices shall have initial iurisdiction in proceedings brought under this Section.


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