§ 22-701. Completion of Required Improvements.  


Latest version.
  • 1. 
    No final plan shall be approved until the applicant has either completed all of the improvements required by the Borough Council for final plan approval, in compliance with the requirements of this chapter, or provided a proper financial security for those improvements, as required by this Part, in compliance with the Pennsylvania Municipalities Planning Code, to cover the estimated costs for completion of those improvements.
    A. 
    The work completed or guaranteed shall be in strict accordance with the approved plans and the requirements of this chapter.
    B. 
    No lot in a subdivision may be sold, and no permit to erect, alter, or repair any building upon land in a subdivision or land development will be issued, unless and until a subdivision and/or land development plan has been approved and, where required, recorded and until the required improvements in connection therewith have either been completed or guaranteed for completion as required herein.
    C. 
    The applicant shall also guarantee that no lot will be sold or building constructed in any floodplain area except in compliance with the floodplain management requirements of this chapter, the Zoning Ordinance and the Building Code.
    Editor's Note: See Ch. 27, Zoning.
    Editor's Note: See Ch. 5, Code Enforcement.
    D. 
    Deferral or waiver of required improvements. The Borough Council may defer or waive, at the time of final plan approval, subject to appropriate conditions, the provision of any or all required improvements as, in its judgment, are not requisite in the interests of public health, safety and welfare or which are inappropriate due to the inadequacy or nonexistence of connecting facilities. A separate public improvement agreement may be executed by the Borough Council guaranteeing completion of any deferred improvement.
    Editor's Note: See 53 P.S. § 10101 et seq.
    2. 
    Construction Required.
    A. 
    The developer shall construct all improvements, including streets, grading, paving, curbs, gutters, sidewalks, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas, and erosion and sediment control measures in conformance with the final plan as approved, the provisions of this chapter, the applicable provisions of PennDOT specifications and any other applicable regulations.
    B. 
    All of the following items to any residential major subdivision must be completed prior to issuance of the use and occupancy permit for the first new residential unit in the subdivision:
    (1) 
    Soil erosion control.
    (2) 
    Stormwater management system.
    (3) 
    Curbs along streets.
    (4) 
    Construction of all streets, including binder course of bituminous paving. Wearing course can be delayed until finish grading is completed but prior to issuing of an occupancy permit for the last residential unit or within one year of the date of start of construction, whichever comes first.
    (5) 
    All underground utility main trunk lines and service branches to right-of-way line at each lot.
    (6) 
    Buffer and screening planting.
    (7) 
    Steep slope safety protection.
    (8) 
    Sidewalks, driveway and parking lot paving at each lot containing a completed residential housing unit.
    C. 
    If land development of the subdivision is divided into phases, the first phase must be completed prior to beginning the next phase.
Ord. 2016-2267, 10/11/2016