CHAPTER 22 Sufficient Width §105. Review Fees §107. Water...

CHAPTER 22

SUBDIVISION AND LAND DEVELOPMENT

Part 1

Subdivision

§101. Definitions§102. Restriction and Prohibition§103. Subdivisions Wherein Lots Abut Existing Improved Streets of

Sufficient Width§104. Subdivisions Wherein Lots Abut Existing Streets of Insufficient

Width or Proposed Streets§105. Review Fees§106. Exemptions§107. Water Supply§108. Completion of Improvements or Guarantee Thereof Prerequisite

to Final Plat Approval§109. Release form Improvement Bond§110. Remedies to Effect Completion of Improvements§111. General Regulations§112. Modifications§113. Recording Plats and Deeds§114. Effect of Plat Approval on Official Map§115. Preventive Remedies§116. Enforcement Remedies§117. Effect of Change in This Chapter

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(22, PART 1)

Part 1

Subdivision

§101. Definitions. The following words and phrases when used in thisChapter shall, for the purpose of this Chapter have the meanings respectivelyascribed to them in this Section, except in those instances where the-contextclearly indicates a different meaning:

APPLICATION FOR DEVELOPMENT - every application, whether prelimi-nary, tentative or final required to be filed and approved prior tostart of construction or development including but not limited to anapplication for a building permit, for the approval of a subdivisionplat or plan or for the approval of a development plan. [Ord. 5-1998]

BOARD - any body granted jurisdiction under a land use ordinanceor under this Chapter to render final adjudications. [Ord. 5-1998]

COMMON OPEN SPACE - a parcel or parcels of land or an area ofwater, or a combination of land and water within a development site anddesigned and intended for the use or enjoyment of residents of adevelopment, not including streets, off-street parking areas, and areasset aside for public facilities. [Ord. 5-1998]

DECISION - final adjudication of any board or other body grantedjurisdiction under any land use ordinance or this Chapter to do so,either by reason of the grant of exclusive jurisdiction or by reason ofappeals from determinations. All decisions shall be appealable to thecourt of common pleas of the county and judicial district wherein theBorough lies. [Ord. 5-1998]

SUBDIVISION - the division or redivision of a lot, tract or parcelof land by any means into two (2) or more lots, tracts, parcels or otherdivisions of land including changes in existing lot lines for thepurpose, whether immediate or future, of lease, partition by the courtfor distribution to heirs or devisees, transfer of ownership or buildingor lot development: Provided, however, that the subdivision by leaseof land for agricultural purposes into parcels of more than ten (10)acres, not involving any new street or easement of access or anyresidential dwelling, shall be exempted. [Ord. 5-1998]

DEVELOPMENT PLAN - The provisions for development including aplanned residential development, a plat of subdivision, all covenantsrelating to use, location and bulk of buildings and other structures,intensity of use or density of development, streets, ways and parkingfacilities, common open space and public facilities. The phrase"provisions of development plan" when used in this Chapter shall meanthe written and graphic materials referred to in this definition. [Ord.5-1998]

DETERMINATION - final action by an officer, body or agency chargedwith the administration of any land use ordinance or applications there-under, except the following:

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A. The Borough Council;

B. The Zoning Hearing Board; or,

C. The Planning Commission, only if and to the extent thePlanning Commission is charged with final decision on preliminaryor final plans under the subdivision and land development orplanned residential development ordinances. Determinations shallbe appealable only to the boards designated as having jurisdictionfor such appeal.

[Ord. 5-1998]

FINAL PLAN - defined the same as a "Plan of Lots."

IMPROVEMENT - the grading, curbing, paving and drainage of allstreets shown on any plan of lots or preliminary plan and providing forthe construction of sanitary sewers therein and for the removal anddisposal of stormwater therefrom.

LAND DEVELOPMENT - Any of the following activities:

A. The improvement of one (1) lot or two (2) or morecontiguous lots, tracts or parcels of land for any purposeinvolving:

(1) A group of two (2) or more residential or nonresi-dential buildings, whether proposed initially or cumulatively,or a single nonresidential building on a lot or lots regard-less of the number of occupants or tenure; or,

(2) The division or allocation of land or space, whetherinitially or cumulatively, between or among two (2) or moreexisting or prospective occupants by means of, or for the pur-pose of streets, common areas, leaseholds, condominiums,building groups or other features;

B. A subdivision of land.

C. "Land development" does not include development which in-volves:

(1) The conversion of an existing single family detacheddwelling or single family semi-detached dwelling into not morethan three (3) residential units, unless such units areintended to be a condominium;

(2) The addition of an accessory building, includingfarm building, on a lot or lots subordinate to an existingprincipal building; or

(3) The addition or conversion of buildings or rideswithin the confines of an enterprise which would be consideredan amusement park. For the purposes of this subsection, an

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(22, PART 1)

amusement park is defined as a tract or area used principallyas a location for permanent amusement structures or rides.This exclusion shall not apply to newly acquired acreage byan amusement park until initial plans for the expanded areahave been approved by the proper authorities.

[Ord. 5-1998]

LOT - A designated parcel, tract or area of land established by aplat or otherwise as permitted by law and to be used, developed or builtupon as a unit. [Ord. 5-1998]

MOBILE HOME - A transportable, single family dwelling intended forpermanent occupancy, contained in one (1) unit or in two (2) or moreunits designed to be joined into one (1) integral unit capable of againbeing separated for repeated towing, which arrives at a site completeand ready for occupancy except for minor and incidental unpacking andassembly operations, and constructed so that it may be used without apermanent foundation. [Ord. 5-1998]

MOBILE HOME LOT - A parcel of land in a mobile home park, improvedwith the necessary utility connections and other appurtenances necessaryfor the erection thereon of a single mobile home. [Ord. 5-1998]

MOBILE HOME PARK - A parcel or contiguous parcels of land which hasbeen so designated and improved that it contains two (2) or more mobilehome lots for the placement thereon of mobile homes. [Ord. 5-1998]

MUNICIPAL AUTHORITY - a body politic and corporate created pursuantto the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipali-ties Authority Act of 1945." [Ord. 5-1998]

PLAN OF LOTS - any subdivision of land in the said Borough whichhas been prepared for and is in proper form under all conditions forapproval by Council of the Borough of Braddock Hills.

PLANNED RESIDENTIAL DEVELOPMENT - An area of land, controlled bya landowner, to be developed as a single entity for a number of dwellingunits, or combination of residential and nonresidential uses, thedevelopment plan for which does not correspond in lot size, bulk, typeof dwelling, or use, density or intensity, lot coverage and requiredopen space to the regulations established in any one district created,from time to time, under the provisions of this Chapter. [Ord. 5-1998]

PRELIMINARY PLAN - any sketch, drawing, tracing or print thereofprepared for ultimate adoption as a plan of lots and prepared and drawnin the form and manner hereinafter provided for.

PUBLIC GROUNDS - Includes:

A. Parks, playgrounds, trails, paths and other recreationalareas and other public areas;

B. Sites for schools, sewage treatment, refuse disposal and

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other publicly owned or operated facilities; and,

C. Publicly owned or operated scenic and historic sites.

[Ord. 5-1998]

PUBLIC HEARING - a formal meeting held pursuant to public noticeby the Borough Council or Planning Commission, intended to inform andobtain public comment, prior to taking action in accordance with thisChapter. [Ord. 5-1998]

PUBLIC MEETING - a forum held pursuant to notice under the Act ofJuly 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S.§§271 et seq. [Ord. 5-1998]

PUBLIC NOTICE - notice published once each week for two (2) succes-sive weeks in a newspaper of general circulation in the Borough. Suchnotice shall state the time and place of the hearing and the particularnature of the matter to be considered at the hearing. The firstpublication shall not be more than thirty (30) days and the secondpublication shall not be less than seven (7) days from the date of thehearing. [Ord. 5-1998]

REPORT - any letter, review, memorandum, compilation or similarwriting made by any body, board, officer or consultant other than asolicitor to any other body, board, officer or consultant for thepurpose of assisting the recipient of such report in the rendering ofany decision or determination. All reports shall be deemed recommenda-tory and advisory only and shall not be binding upon the recipient,board, officer, body or agency, nor shall any appeal lie therefrom. Anyreport used, received or considered by the body, board, officer oragency rendering a determination or decision shall be made available forinspection to the applicant and all other parties to any proceeding uponrequest, and copies thereof shall be provided at cost of reproduction.[Ord. 5-1998]

STREET - includes street, avenue, boulevard, road, highway,freeway, parkway, lane, alley, viaduct or any other ways used orintended to be used by vehicular traffic or pedestrians whether publicor private. [Ord. 5-1998]

SUBSTANTIALLY COMPLETED - where in the judgment of the BoroughEngineer, at least ninety (90) percent (based on the cost of therequired improvements for which financial security was posted pursuantto the requirements of this Chapter) of those improvements required asa condition for final approval have been completed in accordance withthe approved plan, so that the project will be able to be used, occupiedor operated for its intended use. [Ord. 5-1998]

SUBDIVISION - the division or redivision of a lot, tract or parcelof land by any means into two (2) or more lots, tracts, parcels or otherdivisions of land including changes in existing lot lines for thepurpose, whether immediate or future, of lease, partition by the courtfor distribution to heirs or devisees, transfer of ownership or building

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(22, PART 1)

or lot development: Provided, however, that the subdivision by leaseof land for agricultural purposes into parcels of more than ten (10)acres, not involving any new street or easement of access or anyresidential dwelling, shall be exempted. [Ord. 5-1998]

(Ord. 69-9, 10/10/69, §1; as amended by Ord. 5-1998, 8/12/1998)

§102. Restriction and Prohibition. From and after the passage of thisChapter, no subdivision of any lot, tract or parcel of land shall beeffected, and no street, sanitary sewer, storm sewer, water main, or otherfacilities in connection therewith, shall be laid out, constructed, opened ordedicated for public use and travel, or the common use of occupants ofbuildings abutting thereon, unless the plan of such subdivision has firstbeen approved under and in accordance with the provisions of this Chapter.(Ord. 69-9, 10/10/69, §2)

§103. Subdivisions Wherein Lots Abut Existing Improved Streets of Sufficient Width. Plans of subdivisions wherein all lots abut existingimproved streets of sufficient width shall first be submitted to the BoroughEngineer for his approval. In the event such a plan is disapproved by theBorough the reasons therefor shall be set forth in writing and sent to theapplicant. Any person aggrieved by a decision of Borough Engineer may appealin writing to the Borough Council within ten (10) days after notice of suchdecision shall have been given. Such appeal shall be considered by Councilat its next regular meeting. The decision of Council shall be final. (Ord.69-9, 10/10/69, §3)

§104. Subdivisions Wherein Lots Abut Existing Streets of InsufficientWidth or Proposed Streets.

1. Any developer who or which desires or intends to lay out a plan oflots wherein any lot or lots abut existing streets of insufficient width orstreets proposed to be laid out through unimproved land shall first submit tothe Borough Engineer a preliminary plan thereof, in duplicate, prepared by aregistered professional engineer or surveyor, drawn in accordance with thefollowing regulations, to-wit:

A. The preliminary plan shall be of a scale sufficient to clearlyshow all dimensions or figures marked thereon and shall not be of ascale of more than two hundred (200) feet to one (1) inch.

B. The preliminary plan shall show the following, to-wit:

(1) The proposed layout of the entire property.

(2) The approximate location of property lines, buildings,water courses and other existing physical features.

(3) The proposed location of and width of streets and minimumsize of lots.

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(4) The title under which the proposed subdivision is to berecorded with the name of the allotter.

(5) The names of all adjoining properties showing theapproximate location of streets (if any) in the adjoining proper-ties; and sewers, both storm and sanitary, if any.

(6) An arrow indicating the direction of North.

(7) All existing sewer and water lines and a preliminarylayout of necessary extensions and additional sewer and waterlines.

(8) Contours of the entire plan, proposed to be subdivided,at five (5) foot intervals. Contours shall be based on the SandyHook Datum.

(9) Profiles of proposed streets with vertical scale ten feetequals one inch (10' = 1") horizontal scale fifty feet equals oneinch (50' = 1") on tracing cloth.

(10) The plan shall include easements for sanitary or stormsewers and public utilities and in connection with either stormsewers or sanitary sewers easements shall be shown both within andwithout the plan.

(11) Plans shall show the location of proposed storm sewersand catch basins, and the capacity of the same.

(12) The sanitary and storm sewers shall clearly show themethod of disposal which method must be legal, and in case of stormsewers, the plan must also show where the water is conducted, i.e.,existing Borough storm sewers, natural water courses, creeks,streams, etc.

(13) In connection with sanitary and storm water, theconstruction of drains or culverts must be in accordance with size,etc. and located as directed by Borough authorities; if a topo-graphic plan of the entire property is necessary, same must befurnished.

2. After the expiration of sixty (60) days from the date of submissionof the preliminary plan, in accordance with this Section, the developer maysubmit to Council or its designated officer a final plan in duplicate forapproval by Council, which shall be drawn on tracing cloth, in ink, and of ascale of sufficient size to clearly indicate all figures and dimension linesand, in addition, must show the following, to-wit:

A. All requirements of §102(1) hereinabove.

B. The boundaries of the property which shall have been determinedby an accurate survey in the field and which must be balanced andclosed, and certified to be correct by a registered engineer, and withhis seal impressed thereon.

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(22, PART 1)

C. The traverse of the calculated boundaries shall be submittedwith the finished tracings and will be returned after final approval ofthe plan.

D. The location of all required permanent monuments shall beshown, and shall be set at street corners, at all street intersections,and at other such points as may be necessary to make the retracing ofthe line reasonable convenient as shown on the final plan.

3. All required permanent monuments shown on the final plan must be setor adequate provision for setting the same must be made before the approvalof such final plan.

4. No final plan shall be approved by the Borough authorities untilprovisions have been made by the developer in accordance with 8105 hereof forthe the grading, curbing and paving of the streets, lanes, alleys or highwaysshown thereon, and providing the necessary drainage therefor, and for theconstruction of sanitary sewers therein, and for the removal and disposal ofstormwater therefrom.

(Ord. 69-9 10/10/69, §4)

8105. Review Fees.

1. Review fees shall include the reasonable and necessary charges bythe Borough's professional consultants or engineer for review and report tothe Borough, and shall be set by resolution. Such review fees shall bereasonable and in accordance with the ordinary and customary charges by theBorough engineer or consultant for similar service in the community, but inno event shall the fees exceed the rate or cost charged by the engineer orconsultant to the Borough when fees are not reimbursed or otherwise imposedon applicants.

2. In the event the applicant disputes the amount of any such reviewfees, the applicant shall, within ten (10) days of the billing date, notifythe Borough that such fees are disputed, in which case the Borough shall notdelay or disapprove a subdivision or land development application due to theapplicant's request over disputed fees.

3. In the event that the Borough and the applicant cannot agree on theamount of review fees which are reasonable and necessary, then the fees shallbe recalculated and recertified by another professional engineer licensed assuch in this Commonwealth and chosen mutually by the Borough and theapplicant or developer. The estimate certified by the third engineer shallbe presumed fair and reasonable and shall be the final estimate. In theevent that a third engineer is so chosen, fees for the services of saidengineer shall be paid equally by the Borough and the applicant or developer.

(Ord. 69-9, 10/10/1969; as added by Ord. 5-1998, 8/12/1998)

§106. Exemptions. The following are exempt or partially exempt fromthe provisions of this Chapter:

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A. The conversion of an existing single-family detached dwellingor single family dwelling semi-detached dwelling into not more thanthree (3) residential units, unless such units are intended to be acondominium;

B. The addition of an accessory building, including farm build-ings, on a lot or lots subordinate to an existing principal building;or,

C. The addition or conversion of buildings or rides within theconfines of an enterprise which would be considered an amusement park.For the purposes of this subsection, an amusement park is defined as atract or area used principally as a location for permanent amusementstructures or rides. This exclusion shall not apply to newly acquiredacreage by an amusement park until initial plans for the expanded areahave been approved by proper authorities.


§107. Water Supply. If water is to be provided by means other thanprivate wells owned and maintained by the individual owners of lots withinthe subdivision or development, applicants shall present evidence to theBorough Council that the subdivision is to be supplied by a certified publicutility, a bona fide cooperative association of lot owners, or by a municipalcorporation, authority or utility. A copy of a Certificate of PublicConvenience from the Pennsylvania Public Utility Commission or an applicationfor such certificate, a cooperative agreement or a commitment or agreement toserve the area in question, whichever is appropriate, shall be acceptable.(Ord. 69-9 10/10/1969; as added by Ord. 5-1998, 8/12/1998)

§108. Completion of Improvements or Guarantee Thereof Prerequisite toFinal Plat Approval.

1. No plat shall be finally approved unless the streets shown on suchplat have been improved to a mud-free or otherwise permanently passablecondition, or improved as may be otherwise required by this Chapter and anywalkways, curbs, gutters, street lights, fire hydrants, shade trees, watermains, sanitary sewers, storm sewers and other improvements as may berequired by this Chapter have been installed in accordance with this Chapter.In lieu of the completion of any improvements required as a condition for thefinal approval of a plat, including improvements or fees otherwise requiredby this Chapter, the developer may deposit with the Borough financialsecurity in an amount sufficient to cover the costs of such improvements orcommon amenities including basins and other related drainage facilities,recreational facilities, open space improvements, or buffer or screenplantings which may be required.

2. When requested by the developer, in order to facilitate financing,the Borough Council, shall furnish the developer with a signed copy of aresolution indicating approval of the final plat contingent upon thedeveloper obtaining a satisfactory financial security. The final plat orrecord plan shall not be signed nor recorded until the financial improvements

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(22, PART 1)

agreement is executed. The resolution or letter of contingent approval shallexpire and be deemed to be revoked if the financial security agreement is notexecuted within ninety (901 days unless a written extension is granted by theBorough Council; such extension shall not be unreasonably withheld and shallbe placed in writing at the request of the developer.

3. Without limitation as to other types of financial security which theBorough may approve, which approval shall not be unreasonably withheld,Federal or Commonwealth chartered lending institution irrevocable letters ofcredit and restrictive or escrow accounts in such lending institutions shallbe deemed acceptable financial security for the purposes of this Section.

4. Such financial security shall be posted with a bonding company orFederal or Commonwealth chartered lending institution chosen by the partyposting the financial security, provided said bonding company or lendinginstitution is authorized to conduct such business within the Commonwealth.

5. Such bond, or other security shall provide for, and secure to thepublic the completion of any improvements which may be required on or beforethe date fixed in the formal action of approval or accompanying agreement forcompletion of the improvements.

6. The amount of financial security to be posted for the completion ofthe required improvements shall be equal to one hundred ten (110) percent ofthe cost of completion estimated as of ninety (90) days following the datescheduled for completion by the developer. Annually, the Borough may adjustthe , amount of the financial security by comparing the actual cost of theimprovements which have been completed and the estimated cost for thecompletion of the remaining improvements as of the expiration of theninetieth (90th) day after either the original date scheduled for completionor a rescheduled date of completion. Subsequent to said adjustment, theBorough may require the developer to post additional security in order toassure that the financial security equals said one hundred ten (110) percent.Any additional security shall be posted by the developer in accordance withthis subsection.

7. The amount of financial security required shall be based upon anestimate of the cost of completion of the required improvements, submitted bythe applicant or developer and prepared by a professional engineer licensedas such in this Commonwealth and certified by such engineer to be a fair andreasonable estimate of such cost. The Borough, upon the recommendation ofthe Borough engineer, may refuse to accept such estimate for good causeshown. If the applicant or developer and the Borough are unable to agreeupon an estimate, then the estimate shall be recalculated and recertified byanother professional engineer licensed as such in this Commonwealth andchosen mutually by the Borough and the applicant or developer. The estimatecertified by the third (3rd) engineer shall be presumed fair and reasonableand shall be the final estimate. In the event that a third (3rd) engineer isso chosen, fees for the services of said engineer shall be paid equally bythe Borough and the applicant or developer.

8. If the party posting the financial security requires more than one(1) year from the date of posting of the financial security to complete therequired improvements, the amount of financial security may be increased by

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an additional ten (10) percent for each one (1) year period beyond the firstanniversary date from posting of financial security or to an amount notexceeding one hundred ten (110%) percent of the cost of completing therequired improvements as reestablished on or about the expiration of thepreceding one (1) year period by using the above bidding procedure.

9. In the case where development is projected over a period of years,the Borough Council may authorize submission of final plats by sections orstages of development subject to such requirements or guarantees as toimprovements in future section or stages of development as it finds essentialfor the protection of any finally approved section of the development.

10. As the work of installing the required improvements proceeds, theparty posting the financial security may request the Borough Council torelease or authorize the release, from time to time, of such portions of thefinancial security necessary for payment to the contractor or contractorsperforming the work. Any such requests shall be in writing addressed to theBorough Council, and the Borough Council shall have forty-five (45) days fromreceipt of such request within which to allow the Borough engineer tocertify, in writing, to the Borough Council that such portion of the workupon the improvements has been completed in accordance with the approvedplat. Upon such certification the Borough Council shall authorize release bythe bonding company or lending institution of an amount as estimated by theBorough engineer fairly representing the value of the improvements completedor, if the Borough Council fails to act within said forty-five (45) dayperiod, the Borough Council shall be deemed to have approved the release offunds as requested. The Borough Council may, prior to final release at thetime of completion and certification by its engineer, require retention often (10) percent of the estimated cost of the aforesaid improvements.

11. Where the Borough Council accepts dedication of all or some of therequired improvements following completion, the Borough Council may requirethe posting of financial security to secure structural integrity of saidimprovements as well as the functioning of said improvements in accordancewith the design and specifications as depicted on the final plat for a termnot to exceed eighteen (18) months from the date of acceptance of dedication.Said financial security shall be of the same type as otherwise required inthis Section with regard to installation of such improvements, and the amountof the financial security shall not exceed fifteen (15) percent of the actualcost of installation of said improvements.

12. If water mains or sanitary sewer lines, or both, along withapparatus or facilities related thereto, are to be installed under thejurisdiction and pursuant to the rules and regulations of a public utility ormunicipal authority separate and distinct from the Borough, financialsecurity to assure proper completion and maintenance thereof shall be postedin accordance with the regulations of the controlling public utility ormunicipal authority and shall not be included within the financial securityas otherwise required by this Section.

13. If financial security has been provided in lieu of the completionof improvements required as a condition for the final approval of a plat asset forth in this Section, the Borough shall not condition the issuance ofbuilding, grading or other permits relating to the erection or placement of

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(22, PART 1)

improvements, including buildings, upon the lots or land as depicted upon thefinal plat upon actual completion of the improvements depicted upon theapproved final plat. Moreover, if said financial security has been provided,occupancy permits for any building or buildings to be erected shall not bewithheld following the improvement of the streets providing access to andfrom existing public roads to such building or buildings to a mud-free orotherwise permanently passable condition, as well as the completion of allother improvements as depicted upon the approved plat, either upon the lot orlots or beyond the lot or lots in question if such improvements are necessaryfor the reasonable use of or occupancy of the building or buildings.

(Ord. 69-9, 10/10/1969, §5; as amended by Ord. 5-1998, 8/12/1998)

§109. Release from Improvement Bond.

1. When the developer has completed all of the necessary and appro-priate improvements, the developer shall notify the Borough Council, inwriting, by certified or registered mail, of the completion of the aforesaidimprovements and shall send a copy thereof to the Borough Engineer. TheBorough Council shall, within ten (10) days after receipt of such notice,direct and authorize the Borough Engineer to inspect all of the aforesaidimprovements. The Borough engineer shall, thereupon, file a report inwriting, with the Borough Council, and shall promptly mail a copy of the sameto the developer by certified or registered mail. The report shall be madeand mailed within thirty (30) days after receipt by the Borough Engineer ofthe aforesaid authorization from the Borough Council; said report shall bedetailed and shall indicate approval or rejection of said improvements,either in whole or in part, and if said improvements, or any portion thereof,shall not be approved or shall be rejected by the Borough Engineer, saidreport shall contain a statement of reasons for such nonapproval orrejection.

2. The Borough Council shall notify the developer, within fifteen (15)days of receipt of the engineer's report, in writing by certified orregistered mail of the action of said Borough Council with relation thereto.

3. If the Borough Council or the Borough engineer fails to comply withthe time limitation provisions contained herein, all improvements will bedeemed to have been approved and the developer shall be released from allliability, pursuant to its performance guaranty bond or other securityagreement.

4. If any portion of the said improvements shall not be approved orshall be rejected by the Borough Council, the developer shall proceed tocomplete the same and, upon completion, the same procedure of notification,as outlined herein, shall be followed.

5. Nothing herein, however, shall be construed in limitation of thedeveloper's right to contest or question by legal proceedings or otherwise,any determination of the Borough Council or the Borough Engineer.

6. Where herein reference is made to the Borough Engineer, he shall beas a consultant thereto.

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7. The applicant or developer shall reimburse the Borough for thereasonable and necessary expense incurred for the inspection or improvementsaccording to a schedule of fees adopted by resolution of the Borough Counciland as from time to time amended. Such expense shall be reasonable and inaccordance with the ordinary and customary fees charged by the Boroughengineer or consultant for work performed for similar services in thecommunity, but in no event shall the fees exceed the rate or cost charged bythe engineer or consultant to the Borough when fees are not reimbursed orotherwise imposed on applicants.

A. In the event the applicant disputes the amount of any suchexpense in connection with the inspection of improvements, the applicantshall, within ten (10) working days of the date of billing, notify theBorough that such expenses are disputed as unreasonable or unnecessary,in which case the Borough shall not delay or disapprove a subdivisionor land development application or any approval or permit related todevelopment due to the applicant's request over disputed engineerexpenses.

B. If, within twenty (20) days from the date of billing, theBorough and the applicant cannot agree on the amount of expenses whichare reasonable and necessary, then the applicant and the Borough shalljointly, by mutual agreement, appoint another professional engineerlicensed as such in the Commonwealth of Pennsylvania to review the saidexpenses and make a determination as to the amount thereof which isreasonable and necessary.

C. The professional engineer so appointed shall hear such evidenceand review such documentation as the professional engineer in his or hersole opinion deems necessary and render a decision within fifty (50)days of the billing date. The applicant shall be required to pay theentire amount determined in the decision immediately.

D. In the event that the Borough and applicant cannot agree uponthe professional engineer to be appointed within twenty (20) days of thebilling date, then, upon application of either party, the PresidentJudge of the Court of Common Pleas of the judicial district in which theBorough is located (or if at the time there be no President Judge, thenthe senior active judge then sitting) shall appoint such engineer, who,in that case, shall be neither the Borough Engineer nor any professionalengineer who has been retained by, or performed services for, theBorough or the applicant within the preceding five (5) years.

E. The fee of the appointed professional engineer for determiningthe reasonable and necessary expenses shall be paid by the applicant ifthe amount of payment required in the decision is equal to or greaterthan the original bill. If the amount of payment required in thedecision is less than the original bill by one thousand ($1,000) dollarsor more, the Borough shall pay the fee of the professional engineer, butotherwise the Borough and the applicant shall each pay one-half (1/2) ofthe fee of the appointed professional engineer.


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(22, PART 1)

§110. Remedies to Effect Completion of Improvements. In the event thatany improvements which maybe required have not been installed as provided inthis Chapter or in accord with the approved final plat the Borough Council ishereby granted the power to enforce any corporate bond, or other security byappropriate legal and equitable remedies. If the proceeds of such bond, orother security are insufficient to pay the cost of installing or makingrepairs or corrections to all the improvements covered by said security, theBorough Council may, at its option, install part of such improvements in allor part of the subdivision or land development and may institute appropriatelegal or equitable action to recover the moneys necessary to complete theremainder of the improvements. All of the proceeds, whether resulting fromthe security or from any legal or equitable action brought against thedeveloper, or both, shall be used solely for the installation of theimprovements covered by such security, and not for any other Borough purpose.(Ord. 69-9, 10/10/1969; as added by Ord. 5-1998, 8/12/1998)

§111. General Regulations.

1. The grading, curbing or paving or performing of any material workof any kind upon any of the streets, lanes, alleys or highways shown on anypreliminary plan or any plan of lots, until the same has been officiallyapproved by the Borough authorities of the Borough of Braddock Hills, ishereby prohibited.

2. All plans and specifications for any improvement made hereundershall be approved by the Borough Engineer in accordance with the regulationsof the Borough, and the improvement shall proceed under his direction andsubject to his inspection and approval.

(Ord. 69-9 10/10/1969, §6)

§112. Modifications.

1. The Borough Council may grant a modification of the requirements ofone (1) or more provisions of this Chapter if the literal enforcement willexact undue hardship because of peculiar conditions pertaining to the land inquestion, provided that such modification will not be contrary to the publicinterest and that the purpose and intent of this Chapter is observed.

2. All requests for a modification shall be in writing and shallaccompany and be a part of the application for development. The requestshall state in full the grounds and facts of unreasonableness or hardship onwhich the request is based, the provision or provisions of this Chapterinvolved and the minimum modification necessary.

3. The request for modification shall be referred to the PlanningCommission for advisory comments.

4. The Borough Council shall keep a written record of all action on allrequests for modifications.


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§113. Recording Plats and Deeds.

1. Upon the approval of a final plat, the developer shall within ninety(90) days of such final approval record such plat in the office of therecorder of deeds of the county in which the Borough is located. Therecorder of deeds shall not accept any plat for recording unless such platofficially notes the approval of the Borough Council, and review by thecounty planning agency.

2. The recording of the plat shall not constitute grounds for assess-ment increases until such time as lots are sold or improvements are installedon the land included within the subject plat.

(Ord. 69-9, 10/10/1969; as added by Ord. 5-1998 8/12/1998)

§114. Effect of Plat Approval on Official Map. After a plat has beenapproved and recorded as provided in this Chapter, all streets and publicgrounds on such plat shall be, and become a part of the official map of theBorough without public hearing. (Ord. 69-9, 10/10/1969; as added by Ord. 5-1998, 8/12/1998)

§115. Preventive Remedies.

1. In addition to other remedies, the Borough may institute andmaintain appropriate actions by law or in equity to restrain, correct orabate violations, to prevent unlawful construction, to recover damages and toprevent illegal occupancy of a building, structure or premises. Thedescription by metes and bounds in the instrument of transfer or otherdocuments used in the process of selling or transferring shall not exempt theseller or transferor from such penalties or from the remedies hereinprovided.

2. The Borough may refuse to issue any permit or grant any approvalnecessary to further improve or develop any real property which has beendeveloped or which has resulted from a subdivision of real property inviolation of this Chapter. This authority to deny such a permit or approvalshall 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 suchviolation without regard as to whether such vendee or lessee had actualor constructive knowledge of the violation.

C. The current owner of record who acquired the property subse-quent to the time of violation without regard as to whether such currentowner had actual or constructive knowledge of the violation.

D. The vendee or lessee of the current owner of record whoacquired the property subsequent to the time of violation without regardas to whether such vendee or lessee had actual or constructive knowledge

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(22, PART 1)

of the violation.

3. As an additional condition for issuance of a permit or the grantingof an approval to any such owner, current owner, vendee or lessee for thedevelopment of any such real property, the Borough may require compliancewith the conditions that would have been applicable to the property at thetime the applicant acquired an interest in such real property.

(Ord. 69-9, 10/10/1969; as added by Ord. 5-1998 8/12/1998)

§116. Enforcement Remedies.

1. Any person, partnership or corporation who or which has violated theprovisions of this Chapter shall, upon being found liable therefor in a civilenforcement proceeding commenced by the Borough, pay a judgment of not morethan five hundred ($500.00) dollars plus all court costs, includingreasonable attorney fees incurred by the Borough as a result thereof. Nojudgment shall commence or be imposed, levied or payable until the date ofthe determination of a violation by the district justice. If the defendantneither pays nor timely appeals the judgment, the Borough may enforce thejudgment pursuant to the applicable rules of civil procedure. Each day thata violation continues shall constitute a separate violation, unless thedistrict justice determining that there has been a violation furtherdetermines that there was a good faith basis for the person, partnership, orcorporation violating this Chapter to have believed that there was no suchviolation, in which event there shall be deemed to have been only one suchviolation until the fifth (5th) day following the date of the determinationof a violation by the district justice and thereafter each day that aviolation continues shall constitute a separate violation.

2. The court of common pleas, upon petition, may grant an order ofstay, upon cause shown, tolling the per diem judgment pending a finaladjudication of the violation and judgment.

3. Nothing contained in this Section shall be construed or interpretedto grant to any person or entity other than the Borough the right to commenceany action for enforcement pursuant to this Section.

4. District justices shall have initial jurisdiction in proceedingsbrought under this Section.

(Ord. 69-9, 10/10/1969, 7; as amended by Ord. 5-1998, 8/12/1998)

§117. Effect of Change in This Chapter. Changes in this Chapter shallaffect plats as follows:

1. From the time an application for approval of a plat, whetherpreliminary or final, is duly filed as provided in this Chapter, and whilesuch application is pending approval or disapproval, no change or amendmentof this Chapter, zoning or other governing ordinance or plan shall affect thedecision on such application adversely to the applicant and the applicantshall be entitled to a decision in accordance with the provisions of the

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governing ordinances or plans as they stood at the time the application wasduly approved. The applicant shall be entitled to final approval inaccordance with the terms of the approved preliminary application ashereinafter provided. However, if an application is properly and finallydenied, any subsequent application shall be subject to the intervening changein governing regulations.

2. When an application for approval of a plat, whether preliminary orfinal, has been approved without conditions or approved by the applicant'sacceptance of conditions, no subsequent change or amendment in this Chapter,zoning or other governing ordinance or plan shall be applied to affectadversely the right of the applicant to commence and to complete any aspectof the approved development in accordance with the terms of such approvalwithin five (5) years from such approval.

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(22, PART 1)

7. Failure of landowner to adhere to the aforesaid schedule ofsubmission of final plats for the various sections shall subject any suchsection to any and all changes in this Chapter, zoning, and other governingordinance enacted by the Borough subsequent to the date of the initialpreliminary plan submission.


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