ALBION BOROUGH SUBDIVISION AND LAND DEVELOPMENT

ORDINANCE

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ALBION BcRcuGH SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

TABLE OF Co”IS

TITLE

ARTICLE I - GENERAL PROVISICNS Section 1.1 - Section 1.2 - Section 1.3 - Section 1.4 - Section 1.5 - Section 1.6 - Section 1.7 - Section 1.8 - Section 1.9 - Section 1.10 - Section 1.11 -

Title and Effective Date Minimum Requirements and Conflict Statement Severability Authority Compliance Comnunity Development Objectives Municipal Responsibility Hardship Amendment Erie County Department of PI-anning Review Erie County Department of Health Review

ARTICLE I1 - DEFINITIONS

Section 2.1 - General Section 2.2 - Specific Definitions

ARTICLE I11 - PLAN PRLCESSING PROCEDURES

Section 3.1 - Pre-Application Section 3.2 - Conditional Approval of Preliminary Plan Section 3.3 - Approval of Final Plan Section 3.4 - Recording Section 3.5 - Completion of Improvments or Guarantee Section 3.6 - Release from Improvement Bond Section 3.7 - Rtmedies to Effect Ccmpletion of Improvements

ARTICLE IV - DESIGN STANDARDS

Section 4.1 - Section 4.2 - Section 4.3 - Section 4.4 - Section 4.5 - Section 4.6 - Section 4.7 - Section 4.8 - Section 4.9 - Section 4.10 - Section 4.11 -

General Requirements Natural Features, Flood Plains and Wetlands Streets Alleys Blocks Lot and Yard Requirements Easements and Rights of Way Building Lines Storm DrainaE Erosion and Sediment Pollution Control Mobile Homes and Mobile Home Parks

ARTICLE V - IMPROVEPENI'S Section 5.1 - Section 5.2 - Section 5.3 - Section 5.4 - Section 5.5 - Section 5.6 - Section 5.7 - Section 5.8 - Section 5.9 - Section 5.10 - Section 5.11 -

General Monuments and Markers streets Storm Sewers Sidewalks Curbs Water Supply and Sanitary Sewers Utilities Street Lights Street Signs Street T r e s s

ARTICLE VI - SPECIFICATIONS

Section 6.1 - Sketch Plans Section 6.2 - Preliminary Plan Section 6.3 - Final Plan

ARTICLE V I 1 - ADMINISTRATION

Section 7.1 - Filing Fee Section 7.2 - Inspection Section 7.3 - Maintenance Section 7.4 - Appeals Section 7.5 - Preventive Remedies Section 7.6 - Jurisdiction and Enforcement Remedies

APPROVAL PAE

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SUBDMSION & LAND ORDINANCE ALBION BoI#xK;H, ERIE aU"Y, FENWYL,VANIA

AN ORDINANCE REGULATING THE SUBDIVISION OF LAND FOR THE PURPCGE OF SALE OF BUILDING DEVELOPMENT: DEFINING "E, PROVIDING REGULATIONS,, REQUIREMENTS ANE DESIGN STANDARDS: PRESCRIBING PRCCEDURES FOR ?HE PRESENTATION, APPROVAL ANI REXXRDING OF SUBDIVISION PLANS: AND PRESCRIBING PENALTIE3 AND VIOLATIONS.

Ordained and enacted by the Borough Council of Albion Borough, Erie County, Pennsylvania under the provisims of Article V of the Pennsylvaniz Municipalities Planning Code (Act 247 of July 31, 1968, as amended and as re- enacted Act 170 of 1988) hereinafter referred to as the "Pennsylvania PlminE Code .

ARTICIE 1 - GE"L ms1ONs

SEEITON 1.1 TITLE AND EFEECTIVE DATE

The official title of this Ordinance is the "Albion Borough Subdivision an( Land Developnent Ordinance". This Ordinance shall t a k e effect or

January 20, 1994 , 19fxkx SEIcITaJ 1.2 MINIMUM REQUIREMENTS AND CONFLICT STATEMENT

The provisions of this Ordinance shall be held to be minimum requirtments adopted for the prmotion of the public health safety and general welfare Whenever the requirements of this Ordinance are at conflict with tht requirements of any other lawfully adopted rules, regulations, or ordinances the most restrictive, or that imposing the higher standards, shall govern.

!BXICN 1.3 SEVERABILITY

Should any section or provision of this Ordinance be declared by the courts tc k unconstitutional or invalid, such decision shall not affect the validity 01 the Ordinance as a whole, or any part thereof other than the specific part s( declared to be unconstitutional or invalid.

SElXICN1.4 AUTHCRITY

This Ordinance is adopted and designed prsuant to the authority vested in thc Borough by the Pennsylvania Municipalities Planning Code, PA, Act 247 of 1968 as amended, Section 501.

s J c l m " . 5 CCMPLIANCE

No subdivision or land developent or any lot, tract or parcel of land shall bc effected; no street, sanitary sewer, storm sewer, water main or othei facilities in connectiorr therewith shall be laid out, constructed, opened 01

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d t d i c a t e d for public use and t ravel , or the c m use of occupants of buildings abutting thereon; except i n f u l l compliance with a l l provisions of th i s Ordinance. No l o t i n a subdivision may be sold, no permit t o erect, alter or repair any building In a subdivision may be issued, unless and un t i l a plan of such subdivision shall have been approved and properly recorded, and un t i l the improvements required by the Borough Council i n connection therewith sha l l have either bmn constructed or guaranteed as herein provided.

SEEl'ICN 1.6 C C " I T Y DEVELDPME" OBSECTIVES

This Ordinance is intended t o p m o t e and achieve the following objectives:

1.6.1 - To support and encourage order and beauty i n the developwnt of the Borough's environment for the convenience and pleasure of present c i t izens and f'uture residents through sound land developnent practices and the provision of adequate public u t i l i t i e s and facilities.

1.6.2 - To encourage future land and structure redevelopment t o have a logical and e f f ic ien t pattern of future Borough growth.

1.6.3 - To encourage future residential uni ts t o occur i n a harmonious arrangement within compact neighborhood areas.

1.6.4 - To protect s t ra tegic properties sui table for industrial developnent for the establishment of manufacturing industries i n the Borough.

1.6.5 - To guide cmercial developmnt i n such a way so as t o minimize adverse influence on adjacent roads or land values; t o maintain and revitalize existing ccmnercial areas, and t o encourage new diversified cmercial f a c i l i t i e s t o locate i n f'unctionally designed centers with safe and adequate highway access.

1.6.6 - To protect property values t o the extent possible to ensure b sui table and a t t rac t ive preservation of existing developent i n

the Borough.

1.6.7 - To encourage developnent of integrated and cohesive business and residential areas.

1.6.8 - To encourage developers t o incorporate proper si te design and adequate parking f a c i l i t i e s in to existing parcels and future subdivisions and land developnents.

1.6.9 - To strengthen the basic tax base of the Borough

1.6.10- To implement the Albim Borough Comprehensive Plan.

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SE~CTION 1.7 MUNICIPAL RJBFQNSIBILITY The provisions within t h i s Ordinance are designed t o fu l f i l l the objectives cited i n Section 106. The degree of protection sought by the conditions and requirements of this Ordinance for the present and future residents and land Owners in the Borough is considered reasonable fo r regulatory purposes. This Ordinance does not imply tha t compliance with the m i n i m requirements w i l l lx free fran inconvenience, confl ic ts , dangers or damages. Therefore, t h i s Ordinance shall not create l i a b i l i t y on the part of individual m e m b e r s of the Borough Council or any off icer , appointee or employee of the Borough for any damages that may result from reliance on th i s Ordinance or any administrative decision lawfully made thereunder.

SETION 1.8 HARDSHIP

Where, owing t o special conditions, a literal enforcement of t h i s Ordinance would result i n unnecessary hardship, the Borough Council may make such reasonable modification of the requirements i n t h i s Ordinance that w i l l not be contrary t o the public in te res t , and may permit the sale of a l o t , issuance of a permit, or erection of a building subject t o conditions necessary t o assure adequate streets and other public improvements, in compliance with Sectior 512.1 of the Planning Code.

sEx;TIoN 1.9 AMENDMEW

This Ordinance as set for th herein may be amended, altered or revised by the Borough Council f’rcm time t o t i m e after a public hearing is held pursuant t c public notice. In case of an amendment other than that prepared by the Planning Comnission, the Borough Council shall s u h i t each such amendment t c the Planning Comnission and the County Planning kpartment for rcccmnendatior at least 30 days pr ior t o the date of the public hearing.

In accordance with the Planning Code, no amendment t o these sutdivisior regulations shall affect the decision of any pending application. When the preliminary o r f inal plan has been approved, no subsequent amendment shall adversely affect the approved d e v e l o p n t fo r a period of five years frcm the date &of approval. Where f ina l approval i s preceded by preliminary approval, the five year period sha l l be counted from the date of the, preliminarg. approval.

SEXXION 1.10 ERIE COUNIY DEPARnvIENT OF PLANNING REVIEW

Plans of subdivisions sha l l be reviewd by the County Planning Department. Before the approval of a plan by the Borough, the Borough sha l l transmit the plat and five copies of the plan t o the County Planning Department fo r review, corrments and recomnendations. Pending the receipt and consideration of suck comnents and recomnendations, the Borough sha l l defer action thereon, but i f such report is not received by the Borough within 30 days from the suh i s s io r of the plan and a l l applicable information t o the County Planning Department, or within such further time as may be agreed upon by the Borough Council, thc Borough may proceed t o final action thereon.

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-ON 1.11 ERIE C!CUNlY DEPAR'IMENT OF HEALTH REVIEW

Plans of subdivision shall be reviewed by the County Health Department. Before the approval of a plan by the Borough it w i l l be the responsibil i ty of the developer t o contact the County Health Department i n order t o determine what s teps w i l l need t o be taken t o canply with current state l a w regarding sewage disposal systems and/or facilities.

, ARTICIE2-rnINITIW SEmIoN 2.1 GENERAL

Unless otherwise expressly s ta ted, the following terms shall, for the purpose of t h i s Ordinance, have the meaning indicated.

Words i n the singular include the plural , and words i n the plural include the singular. The mrd "person" includes a corporation, unincorporated, associated, and a partnership as w e l l as an individual. The word "building" includes "structure" and shall be construed as i f followed by the mrds "or part thereof". The word "street" includes "road", "highway", and "land"; and "watercourse" includes "drain", "ditch", and "stream". The words "shall" or " w i l l " are mandatory, and the words "may" and "should" are permissive.

SEmIoN 2.2 SPECIFIC DEFINITIONS

APPLICANT: A landowner or developer, as hereinafter defined, who has f i l ed ar! application for d e v e l o p n t including h i s heirs , successors and assigns ( Planning Code).

APPLICATION FOR -: Every application, whether preliminary or f'inal, required t o be f i l e d and approved pr ior t o start of construction or d e v e l o p n t including but not limited t o an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a land development plan (Planning Code).

BLEK: A n area bounded by streets.

EUlUJ0I: Albion Borough, E r i e County, Pennsylvania. I

EKlFWGH CUJKIL: The duly elected governing body of Albion Borough, E r i e County, Pennsylvania.

EUILdlING (SEIBACK) LINE: An imaginary line fixed by the required yard depth measured frun the property line t o the nearest point that a building m a y bc constructed t o the front , s ide and rear yards.

CLEM S I W 'IRIANGLE2 An area of unobstructed vision at street intersections defined by l ines of s ight between points at a given distance from the intersection of street l ines and the s ight l ines .

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a.lW3'4 OPEN SPAGE: A parcel or parcels of land or an area of water, or E combination of land and water within a developnent site and design& anc intended for the use or enjoyment of residents of a planned residential developmnt, not including streets, off-street parking areas, and areas set aside for public facilities, (Planning Code).

alwRmm3IvE PUIN: The Albion Borough Comprehensive Plan which is the cmprehensive general plan, or any of its parts, for the future growth, protection and developnent of the Borough.

CX3JNIY PLANNlEsG DEPARTME": The Erie County Department of Planning, Erie County, Pennsylvania.

WCISION: Final adjudication of the Borough Council to do so, either by reasor of the grant of exclusive jurisdiction or by reason of appeals fron determinations. All decisions shall be appealable to the Erie County Court of C m o n Pleas in Erie County, Pennsylvania (derived from Planning Code).

-TION: Final action by the Planning Comnission charged with the administration of this Ordinance or applications thereunder (derived fron Planning Code).

PLAN: The provisions for developnent including a plannec residential development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensitb of use or density of developnent, streets, ways and parking facilities, comnor open s ~ c e and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.

DEvEII>pER: 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 dewlopent.

EXEPDW: A right granted to use certain private land for a utility 01 physical access, which is not inconsistent with the general property rights of the owner.

IMpRavEMENIs: Those physical additions and changes to the land that m y bc necessary to produce usable and desirable lots, such as grading, water mains, sanitary sewers, storm sewers and drains, street shade trees, street signs anc monuments, street paving and lights, and curbs and sidewalks.

LAM) -: 1) the improvement of one lot or two or more contiguou lots, tracts or parcels of land for any purpose involving: a) a group of two 01: more residential or nonresidential buildings, whether proposed initially 01 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 lanc or space, whether initially or cumulatively, between or among two or mrc existing or prospective occupants by means of, or for the purpose of streets,

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comnon areas, leaseholds, condcminiums, building groups or other features; 2) i

subdivision of land (Planning Code).

Certain land developnent is excluded from the definit ion of land developnen only when such land developnent involves: the conversion of an existin! single-family detached dwelling or single family semi-detached dwelling intc not more than three residential uni ts , an accessory building, including fan buildings; on a l o t or lots subordinate t o an exis t ing principal building; 01 the addition or conversion of buildings or rides within the confines of a enterprise which would be considered an amusement park.

m: The legal or beneficial owner or owners of land including thc holder of an option or contract to purchase (whether or not such option 01 contract is subject t o any condition), a lessee i f he is authorized under thc lease t o exercise the rights of the landowner, o r other persons having i

proprietary in te res t i n land (Planning Code).

UJT: A designated parcel, tract or area of land established by a plat o otherwise as permitted by l a w and t o be used, developed o r b u i l t upon as a uni (Planning Code).

UJT, DcxlBLE FI#3NTAGE: A l o t , having at least two sides fronting on sepratc streets mich do not intersect wile adjoining the l o t .

UJT, MINIMU4 AREA OF: The area of a l o t ccmputed exclusive of any portion o the right of way of any street right-of-way.

OF RED3D: Any l o t which individually or as part of a subdivision has bee recorded i n the off ice of the Recorder of Deeds i n E r i e County.

UJT WIUIH: The mean horizontal distance across the l o t , between the side l o l ines , measured a t right angles t o the depth.

MODIFICATI~: When a subdivider can show that a provision of' th is Ordinancl would cause unnecessary hardship i f s t r i c t l y adhered t o and where, because o topographical or other conditions peculiar t o the s i te , i n the opinion of thl Planning C m i s s i o n a departure m a y be made without destroying the intent o such provisions, the Planning Ccmnission may r ecmend and the Borough Counci authorize a modificatim. Any modification thus authorized and the reasonin on which departure was jus t i f ied sha l l be entered on the minutes of the Boroug Council. A modification applies only t o the' particular subdivision fo r whic it is granted.

MUNICIPAL AUIHCRITY: A body pol i t ic and corporate created pursuant t o the A c of May 2 , 1945 (P.L. 382, No. 164), known as the "Municipality Authorities A c of 1945" (Planning Code).

F"ICIPAL WINEER: A professional engineer licensed as such i n t h Comnonwealth of Pennsylvania, duly appointed as the engineer for the Boroug (derived from Planning Code).

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P E " L V A N I A PLANNlFJG aoDF;: of July 31, 1968, and amendnlents to same as may be adopted from time to time.

Pennsylvania Municipalities Planning Code, Act 247

PLAN, !XEXX: subdivision and its relationship to adjacent land.

A free hand sketch showing the contemplated developnent of the

PLAN, FREL,IMINARY 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.tlrticle 6.

PLAN, FINAL, SUEDMSION: A complete and exact subdivision plan prepartd for official recording as required by Article 6.

FUNNED RESIDREM. -: An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or the conbination of residential and non-residential uses, the developent plan for t&ich does not correspond in lot size, bulk or type of dwelling or use,density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance (Planning Code).

PLANNING ocM\1ISSION: Erie County, Pennsylvania.

The duly appointed Planning Cmission of Albion Borough,

PLAT: The map, plan or layout of a subdivision or land developnent indicating the location and boundaries of individual parcels, whether preliminary or final . FUBLIC ma: Notice published Once each wek for two successive weks in a newspaper of general circulation in the municipality. 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 not be more than 30 days and the second publication shall not be less than 7 days frcm the date of the hearing (Planning Code).

RICWThOF WY: Land dedicated for use as a public street, alley or crosswalk, which may also be used by: sewer, water, storm sewer, sidewalk, electric, gas, telephone and cable systems, shade trees and parking. All must be recorded in the Recorder of Deeds Office, Erie County, Erie, Pennsylvania.

9aICI113R: A professional attorney licensed as such in Pennsylvania, duly appointed as the municipal Solicitor of the Borough.

!3MNDARD DF"G: A set of drawings, approved by Borough Council showing improvements; to include streets, sidewalks, cross-sections, etc.

SIREGT: A Sneral term used to describe a right of way, serving as a means of vehicular and pedestrian movement and access to adjacent properties, furnishing space for sewers, public utilities, and shade trees. The term includes strt-t, avenue, boulevard, road, highway, freeway, parkway, lane, alley,

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viaduct and any other tmys used or intended t o be used by vehicular t r a f f i c or pedestrians whether public or private.

The streets are classif ied by function as follows:

1. Street

A street used as the principal means of access t o adjacent properties serving only a ccmparatively smal.1 number of businesses or dwellings.

2. Collector Street

A street or road connecting local streets t o each other, t o comnunity f a c i l i t i e s , and t o primary or major thoroughfares, serving only the neighborhood t r a f f i c . 3. FMmtxy or Major 'IhorwugWams

A street connecting district centers, servicing large volumes of through t r a f f i c , preferably located outside o r bounding the residential neighborhoods.

4. Others

4.1. Alley (or Service D r i v e )

A s t r i p of land over &ich there is a right of way, municipally or privately owned,serving as a secondary means of access t o two or more properties . 4.2. Cul-de-sac

A street with one end open for p b l i c vehicles and pedestrian access and the other end terminating i n a vehicular turnaround.

4.3. Crosswalk

A rigfit of way which cuts across a block t o fbmish access for pedestrians t o adjacent streets or properties.

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4.4. Marginal Access Street

A street parallel and adjacent t o primary or major thoroughfares providing access t o abutting properties and control of intersections with major thorou@fares.

SEWIURE: Anfman-made object having an ascertainable stationary location on or i n land or water, whether or not affixed t o the land, and/or roofed building whether or not enclosed by walls, t o be used for shelter, enclosure or protection of persons, goods, mterials o r animals.

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SUEDMDER: The registered owner, or authorized agent of the registered owneri of land proposed f o r subdivision or land developnent.

SUBDIVISION: The division or redivision of a l o t , tract, or parcel of land by any means in to two or more l o t s , tracts, parcels or other divisions of land including changes in existing l o t lines for the purpose, whether imnediate or future, of lease, p a r t i b i h by the court for dis t r ibut ion t o heirs or devisees, transfer of ownership or building or l o t developnent.

The term "subdivision" includes any development of a parcel of land, for example, as a shopping center, an industrial park , or a planned residential developnent, which involves instal la t ion of streets and/or al leys , even though the streets and al leys may not be dedicated immediately t o public use and the parcel may not be divided imnediately for purpose of conveyance, transfer or sale.

SUBDMSIaJ, Wa3: A subdivision containing more than f ive l o t s requiring the sutmission by the subdivider and approval by the Borough Council (either conditional or f ina l ) of Preliminary and F ina l Subdivision Plans, and any subdivision involving a new street, a l ley or crosswalk right of w a y or a new easement.

SUBDIVISION, MINOR: A subdivision containing five l o t s or less served by an existing public street wherein the Borough Council may waive the requirements of submitting a Preliminary Subdivision Plan provided the Fina l Subdivision Plan meets a l l the requirements of th i s Ordinance.

SUEEXANITALLY CCNHEED: Where, i n the judpent of the Municipal 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 f inal approval have been completed i n accordance with the approved plan, so that the project w i l l be able tC, be used, occupied or operated for its intended use. (Planning Code).

Prior t o making formal application, the subdivider is required t o appear before the Plannihg C m i s s i o n at any regular or special meeting t o discuss the general nature of h is proposed development. If desired, a Sketch Plan may be prepared and presented fo r review and discussion at th i s t ime . The Sketch Plan should generally include those items l i s t ed in Article 6, Section 6.1 of t h i s Ordinance.

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The Planning Comnission shal l advise the subdivider &ether the plans and data as subnitted do or do not meet the objectives of th i s Ordinance. When the Planning Carmission finds the plans and data do not meet the objectives of t h i s Ordinance, it sha l l express its reasons therefore.

The subdivider may a l so subnit h is proposed developnent t o the County Planning Department and, when sewage facilities of any type are contemplated, the subdivider' w i l l confer with the County Health Department and/or the Pennsylvania Department of Environmental Resources (PA DER).

Such discussions and/or Sketch Plan review w i l l be considered confidential. Sutmission of a Sketch Plan shall not consti tute formal f i l i n g of a Subdivision Plan.

If a subdivision is deemed a Minor Subdivision, the subdivider shal l then sulxnit a Final Plan and is not required t o have conditional approval of a Preliminary Plan. A subdivision shall be considered a minor subdivision i f :

a. no new street, a l ley or crosswalk r ight of way is involved, and

b. the' extension of sewers, water l ines or storm sewers does not involve any new drainage or u t i l i t y easements, and

c. the nmber of new lots involved does not excet? five.

Section 3.2 Canditional Apprmml of Preliminary Plan

On reaching conclusions informally, as r e c m n d e d in Section 3.1, regarding h i s general program and objectives, the subdivider shall cause t o be prepared a Prel iminary Plan, together with impmtxnent plans and other suppltmentary material as specified i n Article 6 , Section 6.2 of t h i s Ordinance.

The Preliminary Plan and other exhibits required for approval and at least two copies of the Plan s h a l l be submitted t.o the County Planning Department for its review, which shal l re ta in one copy of the Preliminary Plan.

Upon canpletion of the County Planning Department's review or after 30 days, whichever comes f i r s t , the Preliminary Plan and other exhibits required for approval and at least one copy of the Plan sha l l be sulxnitted t o the Planning Comnission f o r review and conditional approval at least 10 days prior t o the meeting at &ich it is t o be considered.

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Following the review of the Preliminary Plan and other exhibits required for approval, and negotiations with the subdivider on any changes detmd advisable and the kind and extent of improvements t o be made by him, the Planning Comnission sha l l submit the Preliminary Plan and supplementary material specified and at least one copy of the Plan ahd a report of its recommndations to the Borough Council within 15 days.

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The Borough Council shall take action at a regular meeting within 90 days following the date of the regular meeting of the Planning Comnission. The Borough Council may grant conditional approval subject to such conditions as it may require to carry out this Ordinance. If conditional approval is refused, the Borough Council shall state its reasons to the subdivider. The decision of the Borough Council shall be cmicated to the subdivider personally or miled to his last known address not later than 15 days following the decision.

Before acting on the Preliminary Plan, the Borough Council may arrange for a public hearing thereon. Adequate Public Notice shall be given.

Any modification of the Preliminary Plan required by the Borough Council as a prerequisite to approval shall be noted on the Preliminary Plan and at least one copy of the Plan.

The conditionally approved Preliminary Plan shall be returned to the subdivider and one copy of the Plan shall 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.

Section 3.3 Approval of Findl Plan

If the proposed subdivision is a Major Subdivision, the Final Plan shall conform substantially to the Preliminary Plan as approved or conditionally approved, and, if desired by the subdivider, it may constitute only that portion of the approved Preliminary Plan which he proposes to rword and develop at that time. The Final Plan shall be submitted within five years of the conditional approval of the Preliminary Plan by the Borough Council. Otherwise such conditional approval shall beccme null and void.

If the proposed subdivision is a Minor Subdivision, the subdivider shall cause to be prepared a Final Plan, together with improvement plans and suppltvnentary matecia1 as specified in Article 6 , Section 6.3 of this Ordinance.

The Final Plan and other exhibits required for approval and at least five copies of the Plan shall be submitted to the County Planning Department for its review, which shall retain one copy of the Final Plan.

The County Planning Department shall have thirty (30 ) days from the date an administratively complete Final Plan and other exhibits required for approval mre submitted to the County until the County Planning Department must complete its review. The Erie County Subdivision Process Guide will also be taken into consideration. Upon completion of the County Planning Department's review, the Final Plan and other exhibits required for approval and at least four copies of the Plan shall be submitted to the Planning Comnission for review and approval at least 10 days prior to the meeting at which it is to be considered.

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If' the Planning Comnission finds that the Fina l Plan is i n conformance with t h i s Ordinance, it shal l sign the Plan and subnit it t o the Borough Council.

If the Planning C m i s s i o n finds t h a t the Final Plan is not i n conformance wi th t h i s Ordinance, i t sha l l not sign the Plan, and shall notify the subdivider as t o the sect ion(s) of th i s Ordinance that is not being canplied w i t h . The Planning C m i s s i o n shall o f fe r assistance and advice t o the subdivider on how best t o comply with the sect ion(s) . I f , after negotiations with the subdivider, the subdivider wishes t o s e e k a modification of the requirements of the sec t ion(s ) , the Planning C m i s s i o n sha l l subnit a report of its recmendat ion of approval or disapproval and the reasons for such recamendation t o the Borough Council within 15 days i n conformance with Section 512.1 of the Planning Code. A t its next regular meeting, the Borough Council sha l l approve o r disapprove the? modification after consideration of the Planning C m i s s i o n report by resolution. If the modification is approved, t h e Planning C m i s s i o n sha l l sign the Plan at its next regular meeting and subnit i t t o the Borough Council.

The Borough Council shall t ake action at a regular meeting by ru?sol.ution within 90 days following the date of the regular meeting of the Planning C m i s s i o n . The decision of the Borough Council sha l l be cmunica ted t o the subdivider personally or mailed t o h i s last known address not later than 15 days following the decision.

Before acting on the Final Plan, the Borough Council m a y arrange for a public hearing thereon. Adequate Public Notice shall be given. If a public hearing has been held upon a Preliminary Plan, a public hearing sha l l not be required upon the Final Plan unless the Fina l Plan departs substantially from t h e Preliminary Plan.

If the Borough Council approves the Final Plan, i t shall sign the Final Plan and the four copies. The approved Final Plan and three copies of the Plan shall be returned t o the subdivider for recording and one copy of the approved Plan shall be retained by the Borough Council.

If the Borough Council disapproves the Final Plan, i t sha l l not sign the Plan, and sha l l notify the subdivider as t o the reasons for disapproval. The disapproved Final Plan and three copies of the Plan sha l l be returntxl t o the subdivider and one copy of the disapproved Plan sha l l be retained by the Borough Council.

No Plan sha l l receive Final Plan approval by the Borough Council unless the subdivider sha l l have f i led with the Borough Council a performance bond i n favor of the Borough o r other assurance acceptable t o the Borough Council or sha l l have completed all required improvements l i s t ed in Article 5, or as the Borough Council may require i n the public interest .

Upon completion of the improvements i n accordance with the specifications of the Borough, the subdivider shal l take steps t o dedicate the improvements and have the same accepted by the Borough Council

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Section 3.4 Recording

The approved Final Plan shall be filed with the E r i e County Recorder of Detds before proceeding with the sale of arly l o t s or the construction of a q ~ buildings.

In accordance with Section 513 of the Pennsylvania Planning Code, the approved Final Plan sha l l be presented by the subdivider for recording to the Office of the Recorder of Deeds for E r i e County, Pennsylvania within 90 days after the final approval by the Borough Council, or such approval shall be consider& null and void. Reapproval thereafter may ke granted by the Borough Council provided no changes have been made to the Final Plan.

Recording the Final Plan after approval by the Borough Council s h a l l have the effect of an irrevocable of fer t o dedicate all street r ights of way and other public ways t o public use, and t o dedicate or reserve a l l park reservations anc other public areas t o public use unless reserved by the subdivider as hereinafter provided. c

The Borou@ Council may require the subdivider t o place a notation on the Final P lan t o the effect that there is no acceptance of dedication t o the public of a cer ta in designated "public" area, or in unusual circumstances, a street or al ley, i n which event the t i t le t o such area sha l l remain with the owner a5 a lot of rmord, and the Borough shall assume no responsibility for improvement or maintenance thereof, which fact shall a l so be noted on the Final Plan.

Section 3.5 Cmpletion of Improvements or Guarantee

I n accordance with Section 509 of the Planning Code, no plat shall be f ina l ly approved unless the streets shown on such p la t have been improved t o a mud-frw or otherwise permanently passable condition, or improved as may be required by t h i s Ordinance and any sidewalks, curbs, gutters, street l i gh t s , fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by t h i s Ordinance, have been instal led i n accordance with t h i s Ordinance.

In l i eu of the completion of any improvements required as a condition fo r t h e f i na l approval of a p la t , th is Ordinance shall provide for the deposit with the Borough of financial security in an amount suff ic ient t o cover the costs of such improvements or c m o n amenities including, but not limited to, roads, storm tzater' detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which m a y be required.

When requested by the developer, i n order t o facilitate financing, the Borough Council or the Planning C m i s s i o n , if designated, sha l l furnish the developer with a s imed copy of a resolution indicating approval of the f ina l plat contingent upon the developer obtaining a sat isfactory financial security. The f ina l plat or record plan shall not be signed nor recorded un t i l the financial improvements agreement is executed. The resolution or letter of contingent

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approval shall expire and be deemed' t o be revoktd i f the financial securitb agreement is not executed within 90 days unless a written extension is grantec by the Borough Council; such extension shall not be unreasonably withheld anc shall be placed i n writing at the request of the developer.

Without l imitation as t o other types of financial security which the %rou@ my apprwe, which approval shall not be unreasonably withheld. Federal or Cmonwealth chartered lending inst i tut ion irrevocable letters of credit anc res t r ic t ive or escrow accounts in such lending inst i tut ions shall be dwrnty acceptable financial security for the purposes of th i s section.

Such financial security shall be posted with a bonding company o r Federal or Commonwealth chartered lending ins t i tu t ion chosen by the party posting the f inancial security, provided said bonding company or lending ins t i tu t ion i 5 authorized t o conduct such business within the Cmonwealth. Such bond, or other security shall provide for, and secure t o the public, t he completion of any improvements which may be required within one year of the date fixed in the subdivision p la t for ccmpletion of such improvements. The amount of financial security shall be equal t o 110% of the cost of the required improvements for which financial security is t o be posted. The cost of the improvtments shall be established by submission t o the Borough Council of a bona f ide bid or bids from the contractor or contractors chosen by the party posting the financial security t o complete the improvements o r , i n the absence of such bona fide bids, the cost sha l l be establishtd by estimate prepared by the Municipal Engineer.

If the party posting the financial security requires more than one year frcn this date of posting of the financial security t o complete the requirec improvements, the amount of financial security may be increased by ar additional 10% for each one (1) year period beyond the first anniversary datc frcm posting of financial security or to an amount not excetding 110% of the cost of completing the required improvements as re-established on or about thc expiration of the preceding one year period by using the above bidding procedure. In the case where developent is projected Over a period of years. the Borough Council may authorize submission of f ina l plats by section 01 stages of development subject t o such requirements or guarantees as t< improvements i n ntture sections or stages of development as it finds essential for the protection of any f ina l ly approved section of the developmnt.

A s the work of ins ta l l ing the required improvements proceeds, the party postin{ the financial security may request the Borough Council t o release or authorizc the release, from t i m e t o time, such portions of the financial securiti necessary for payment t o the contractor or contractors performing the m r k , Any such requests shal l be i n writing addressed to the Borough Council, and thr Borough Council shall have 45 days from receipt of such request within which t c allow the municipal Engineer t o cer t i fy , in wr i t ing , t o the Borough Council tha t such portion of the work upon the improvements has been completed i r accordance with the approved plat . Upon such cer t i f ica t ion the Borough Counci: sha l l authorize release by the bonding cmpany or lending ins t i tu t ion of a amount as estimated by the municipal Engineer fairly representing the value 01

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the imprwements completed or, i f the Borough Council fails t o act within saic 45 day period, the Borough Council sha l l be deemed t o have approved the release of fbnds as requested. Borough Council may, prior t o final release at the t i m e of completion and cer t i f ica t ion by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

Where the Borough Council accepts dedication of a l l o r some of the requirec improvements following cunpletim, the Borough Council may require the posting of financial security t o secure st ructural integri ty of said improvements aE w e l l as the functioning of said improvements i n accordance w i t h the design a n c specifications as depicted on the final p la t for a term not t o exceed 13 months from the date of acceptance of dedication. Said financial security sha l l be of the same type as otherwise required i n th i s section with regard t o instal la t ior of such improvements, and the amount of the financial security shall no1 exckxxl 15% of the actual cost of ins ta l la t ion of said improvements.

If water mains or sanitary sewer lines or both, along with apparatus or facilities related thereto, are t o be installed under the jurisdiction an( pursuant t o the rules and regulations of a municipal authority separate a n c d i s t inc t from the Borough, financial security t o assure proper completion a m maintenance thereof shall be posted in accordance with the regulations of thc controll ing municipal authority and shall not be included within the financid security as otherwise required by t h i s section.

If financial security has been providtd i n l i e u of the ccmpletion ol improvements required as a condition for the f ina l approval of a plat as sei forth i n t h i s section, the Borough shall not condition the issuance 01 building, grading or other permits relat ing to the erection or placement 01 improvements, including buildings, upon the l o t s or land as depict& upon thc f i na l p la t upon actual ccmpletion of the improvements depicted upon ttie firm- approved plat . Moreover, i f said financial security has been provided occupancy permits for any building o r buildings t o be erected sha l l not tx withheld following: the jmprovement of the streets providing access t o an( fran ex i s t ing public roads t o such building or buildings t o a mud-free 01 otherwise permanently passable condition, as well as the completion of al: other improvements as depicted upon the approved p la t , either upon t h e l o t 01 l o t s or beyond the lot or l o t s i n question i f such improvements are necessar: for the reasonable use of or occupancy of the building or buildings.

Sectian 3.6 Release f’ran Improvement Bond

When the developer has completed a l l of the necessary and approprfatt improvements, the developer shal l not i fy the Municipal Engineer i n writing, Q cer t i f ied or registered mail, of the ccmpletion of the aforesaid improvements The Borough Council sha l l , within 10 days after receipt of such notice, direc and authorize the Municipal Engineer t o inspect a l l of the aforesaic improvements, The Municipal Engineer shal l , thereupon, f i le a report, i i writing, with the Borough Council and sha l l p m p t l y mail a copy of the same tc the developer by cer t i f ied or registered m a i l . The report s h a l l be made an( mai led within 30 days after receipt by the Municipal Engineer of the aforesaic

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authorizatim from the Bomgh Council and said report shall be detailed and shall indicate approval or rejection of said improvements, either i n whole or in part, and i f said improvements, or any portion thereof, shall not be approved or sha l l be rejected by the Municipal Engineer, said report s h a l l contain a statement of reasons for such non-approval or rejection.

The Borough Council shall notify the developer, within 15 days of receipt of the Engineer's report, i n writing by certified or registered m a i l of the action taken.

If the Borough Council pr the Municipal Engineer fails t o canply with the t i m e l imitation provisions contained herein, al l improvements w i l l be deemed t o have been approved and the developer shall be released fran al l l i a b i l i t y , pursuant t o its performance guaranty bond or other security agreement.

If any portion of the said improvements shall not be approve?? or shall ke rejwted by the Borough Council, the developer shall proceed to complete the same and, upon ccmpletion, the same procedure of notification, as outlined herein, sha l l be followed.

Section 3.7 Remedies to E f f e c t Cunpletim of Impnrvements

In the event that any improvements which may be required have not been instal led as pravidtd i n this Ordinance or i n accord with the approved f i n a l p la t , the Borough Council is hereby granted the power t o enforce any corporate bond, or other security by appropriate legal and equitable remdies. If proceeds of such bond, or other security are insufficient t o the cost of ins ta l l ing or making repairs or corrections t o all the improvements covered by said security, the Borough Council may, at its option, i n s t a l l part of such improvements i n al l or part of the subdivision or land developnent and m a y i n s t i t u t e appropriate legal or equitable action t o recover the monies necessary t o complete the remainder of the improvements. A l l of the proceeds, whether result ing from the security or fm any legal or equitable action brought against the developer, or both, shall be used solely for the instal la t ion of the improvements covered by such security, and not for any other municipal purpose.

Section 4.1 General Requirements

In the layout, developnent and improvement of a subdivision, the subdivider shal l comply with a l l adopted standards, specifications, codes, and ordinances of the Borough which are applicable and i n addition sha l l meet the standards of design and principles of land subdivision set for th i n t h i s Article.

The standards and details of design herein contained are intended only as minimum requirements so tha t the general arrangements and layout of a subdivision may be adjusted t o a wide variety of circumstances. However, i n the design and developnent of the subdivision plan, the subdivider should use

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- -. . . --. ., , . . . - . . . . . . -. . ,. . -.

standards consistent with the site conditions so as t o ensure an econanical, aesthetic and durable subdivision.

Section 4.2 N a M Features, Flood Plains and Wetlands

Existing natural features such as concentrated tree groups, steep slopes, water courses, and h is tor ic places, shall be preserved as a conservation measure except t o the extent that their removal or modification is f'unctionally related t o the harmonious design,of the subdivision.

Land subject t o flooding and land deemed by the Borou@ Council, or other o f f i c i a l authority, t o be uninhabitable shall not be platted for residential occupancy, not for such other uses as m q q involve danger t o health, life, or property or aggravate the flood hazard, and such land within that area of the plan shal l be set aside for such uses as sha l l not be endangered by periodic or occasional inundation.

In addition to the requirements of t h i s Ordinance, a l l land subject t o flooding shall comply with the regulations of the Albion Borough Flood Plain Ordinance before a subdivision plat may be approved by the Borough Council.

In addition t o the requirements of t h i s Ordinance, every subdivision plat shall be checked against the most recent National Wetland Inventory Maps i n order to determine whether a subdivision appears t o be located within a designattd wetlands area. If the subdivision appears t o be located within such an area, the E r i e County Department of Planning w i l l notify its findings to: t h e developer, the E r i e County Conservation District, and the Borough Council. Once noti f ied, it w i l l be the responsibility of the developer t o contract the E r i e County Conservation District i n order t o determine what steps w i l l need t o tx taken t o comply with current state l a w .

( T i t l e 25 PA Code, Chtipter 105, Dam Safety and Waterway Management Rules and Regulations).

section 4.3 Streets k

The arrangement, character, extent, width, grade and location of a l l streets shall conform t o Section 4 . 1 and sha l l be considered i n the i r relation to existing and planned streets as delineated i n the Albion Borough Comprehensive Plan t o topographical conditions, t o public convenience and safety, and i n t he i r apprbpriate re la t ion t o the proposed uses of the land t o be served by such streets.

Where such is not shown i n the Comprehensive Plan, the arrangement of streets i n a subdivision shall ei ther :

4.3.1. provide for the continuation or appropriate projection of existing streets i n surrounding areas; and

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, . .... _.._, ~ .._.-. . . _ . . I .

, . -. . _..- .* . , . .

4.3.2. conform to a plan for the neighborhood approved by the Borougt Council after consideration of the particular s i tuat ion wherv topographical or other conditions make continuance or conformancc t o exis t ing streets impractical.

Local streets shall be so l a i d out that the i r use by through traffic w i l l bc discouraged. Permanent cul-de-sac streets are discouraged, except for light industr ia l and resident ia l developnent.

Where a subdivision borders on or contains a railroad right of way, the Borougt Council may require a street approximately parallel to and on each side of suck right of way, at a distance sui table fo r the appropriate use of the intervening land, as fo r park purposes i n residential d i s t r i c t s , or for c m r c i a l OK industr ia l purposes i n appropriate d i s t r i c t s . Such distances sha l l a lso bc determined with due regard for the requirements of approach grades and future grade separations.

A tangent at least 100' long sha l l be introduced between reverse curves or major thoroughfares and collector streets.

Multiple intersections involving the junction of more than tm streets shoulc be avoided, and where such avoidance is impossible as determined by the Borougl Council, such intersections shall be designated with extreme care fo r bot1 vehicular and pedestrian safety.

R i g h t angle intersections sha l l be used whenever practicable, especially wher local res ident ia l streets empty in to major o r collector thoroughf'ares and therc sha l l be no intersection angle, measured at the centerline, of less than 7( degrees.

Street curb intersections shall be rounded by a tangential arc with a minim mdius of 15' fo r local residential streets and 30' for intersections involviw collector streets and primary or major thoroughfares. If the l o t s result ing from the original developnent are large enough for re- subdivision, o r i f a portion of the tract is not subdivided, sui table acces: m d street openings fo r such eventuality sha l l be provided by temporary cul-de- sacs.

Reserve s t r i p s controlling access o r egress may be permitted. New street: s h a l l be provided through t o the boundary l ines of the development especiall: i f it ad joins substantial acreage by temporary cul-de-sacs.

Streets that are extenstons of, or obviously i n alignment with, existing name( streets sha l l bear the mms of the existing streets subject t o the approvax 01 the Borough Council and the Albion Post Off'ice. No street names sha l l be use( which w i l l duplicate or be conf'used with the names of existing streets.

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. .

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

Design Min . Min. Max. M i n . Min. Radii Min . Standards Rcw Ctwy Grade Grade Centerline Sight D i s t

Width

Major

Collector

Thoroughfare 80 ' 36 ' 5.0% 0.5% 500 ' 400'

Streets 60' 32 ' 7.5% 0.5% 400' 300 '

Local Streets 50 ' 28 ' 10.0% 0.5% 200' 200 '

Marginal Access Streets 50' 24 ' 10.0%

Alleys 20 ' 20 ' 10.0%

-- Crosswalks 12' 8'

0.5%

0.5%

--

100 '

50 ' --

100'

50 ' --

m: (1) Additional widths m a y be required upon findings that the same are require f'or: (a) public safety and convenience; (b) parking i n c m e r c i a l or public us areas; (c ) existing streets, al ley or crosswalk ri&ts of way which do nc provide the above mentioned minimum widths, and where as a consequent additional dedication is necessary.

( 2 ) Sight Distance shall be measured along the centerline at eye level Proper sight lines should be maintained at a l l intersections of streets Measured along the centerline, there should be a clear sigh triangle t h specified sight distance from the point of intersection, No future building c obstruction shall be permitted i n this area.

(3 ) Cul-de-sac Streets shal l be designed with a turnaround having a minim outside car tmy diameter of 100' and a minimum property l ine diameter of 120' Cul-de-sac.streets are permitted t o serve light industrial and residentie developnents.

Sectim 4.4 Alleys

Wherever possible, alleys should be avoided i n residential areas. In no ever are alleys t o be ut i l ized as the primary means of access t o residentiz properties.

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Section 4.5 Blocks

A l l blocks i n a subdivision shall have a maximum length of 1 , 4 0 0 ' . Such blocks containing individual l o t s shall be at least 2 l o t depths in width, except lo t s along a major thoroughfare hhich front on an in te r ior street. Modification of the a w e requirements are possible i n cmercial and industrial developments.

A minimum of 800' sha l l be maintained between intersecting local and collector streets with a primary street or major thoroughfare which intersect on the s m side of such major thoroughfare.

I n large blocks w i t h in te r ior parks , i n exceptionally long blocks, or where access t o a school or shopping center is necessary, a crosswalk shall be provided.

Sectiun 4.6 lmt and Yard Requirements

Lot and yard requirements shall conform t o the provisions of the Albion Borougt Zoning Ordinance, as may be amended.

Section 4.7. Easements & Rights of way

To the fullest extent possible, u t i l i t y easements should be centered on or be adjacent t o rear o r side l o t l ines . Such eas tmnts sha l l have a minimum w i d t b of at least 20'.

If seer, water, gas, electrical, telephone, street l ighting, or other public u t i l i t y facilities are t o be located within street rights-of-way, their location and ins ta l la t ion sha l l be coordinated so that they may be added to , repaired, o r enlarged at minimum cost.

Where a subdivision is traversed by a water course, drainage way, channel or stream, there sha l l be p m v i d d a storm water easement conforming substantial13 with the l ines of such water course and be of such width t o be adequate for thc purpose.

Section 4.8. Building Lines

The minimum building setback shall conform with the provisions of the Albior Borou& Zoning Ordinance.

Section 4.9. storm Dminage

Storm sewers, culverts and related instal la t ions shall be provided t o permi' the unimpeded flow of natural water courses, t o ensure the drainage of a l l 101 points along the line of streets, t o intercept storm water runoff a l m g street: at intervals reasonably related t o the extent and grade of the area draintd an( t o generally convey the flow of surface water without damage to persons 01

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The direct discharge of surface or subsurface mter, such as roof or hscment drains, onto the street cartway w i l l not be permitted.

The subdivider's engineer w i l l prepare all hydrological and hydraulic calculations as may be required by the Borough Engineer t o adequately review and analyze storm water requirements.

Drainage plans shal l be consistent with local and regional drainage plans.

Facilities shal l be designed t o prevent the collection and dischargv of storm mter onto abutting properties.

Plans sha l l conform t o current engineering practices for the control and management of storm waters and specif ical ly sha l l not increase the volwne or rate of storm water run-off deposited upon adjacent lands owners or streets and facilities of the Borou@ of Albion or street or facilities proposed for acceptance by the Borough of Albion or alternatively provide for the control and disposal of said storm water run-off i n a fashion consistent with sound engineering practices and aqy local, county and state ordinances, s ta tutes and regulations governing storm water mantl-nt.

Section 4.10 Ekwion and Sediment Pollution Control

A l l major subdivisions and land d e v e l o p n t s sha l l have a Soil Erosion and Stdiment Pollution Control Plan and/or Permit. This plan shall be prepared by the developer in accordance with current State l a w ( T i t l e 25 PA Code, Chapter 102, Erosion and Sediment Control, Rules and Regulations) and approved by the E r i e County Conservation District. An approved plan shall be fu l ly implemented during construction of the major subdivision o r land developnent.

Section 4.11 Mobile Hanes and Mobile € h e Parks

The development of mobile homes and/or mobile h m parks shall be in conformance with Albion Borough Ordinances No. 3 and 4 of 1980, as may be amended .

ARTIclE5-IMpI#xIEMENIs

Section 5.1 General

All of the 'required impmments specified i n t h i s Article sha l l be constructed i n accordance with other articles of th i s Ordinance and all other applicable Borough, County and State regulations and approved by the Borou@ Council and its Municipal Engineer.

Section 5.2 Monunents and b k e r s

Double monuments shall be used at al l monument points. The lower monument, a 3/4" iron o r steel bar i n 6" x 6" x 6" concrete shall be set with the top 36'' below finished grade, The upper monument, a 6" x 6" x 24" concrete shaft

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mrked on top with a dowel, shall be set with top at finished grade. Markers shall consist of iron or steel bars at least 24" long, and not less than 3/11!' diameter.

Yonuments and markers shall be placed so that the scored or marked point s h a l l coincide exactly with the intersection of l i nes t o be marked, and sha l l be set so that the top of the monument or marker is level with the surface of the surrounding ground.

Monuments shall be set; at the intersection of a l l l ines forming angles i n the boundary of the subdivision, and at the intersection of a l l strtyt l ines .

Markers shall be s e t ; at the beginning and ending of a l l curves along street property l ines , at all points where lot l ines intersect curves either front or rear, at a l l angles i n property l ines of l o t s , and at a l l other l o t corners.

Any monuments or markers that are removed sha l l be replaced by a Pennsylvania registered surveyor at the expense of the person removing them. Prior t o mnoval, the Borough must be notified of such, and the plan for replacement sha l l be approved by the Borough Council. Where grading conditions or other circumstances prohibit the placing of l o t or street monuments at the time of sutmission of the f ina l plan, a cash deposit w i l l be made with the Borough i n an amount t o be determined, normally as follows:

$75.00 each for concrete monuments $50.00 each for the f i r s t four iron pipe monuments $30.00 each for iron pipe monuments over four

Should it be apparent that, due t o topography or other canditions, the cost of s e t t i ng such monuments w i l l be abnomd, adjustments w i l l be made t o cover each case. Should the ins ta l la t ion of monuments not be ccmpleted within 3 months after the completion date of the subdivision by the subdivider, the Borough Council may cause such ins ta l la t ian t o be canpleted and pay, therefore, from the cash deposits.

Section 5.3 streets

A l l street construction shall conform t o the standards and requirements h i c h the Pennsylvania Department of Transportation would apply t o a street subject t o similar traffic flows i f the subject street mre one maintained by said Department provided, however, that all streets shall be paved and curbed.

Section 5.4. Storm SeGlErS

A drainage system adequate t o serve the needs of the proposed new s t r ee t s , natural waterways and overland flow w i l l be required i n new subdivisions. When a public storm sewer main is available at the plat boundary or within 500' , the developer sha l l construct a storm sewer system and connect the drainage system with such storm sewer main i f the grade permits and other more economical

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solutions are not possible. A drainage systtrn may be canposed of conduits, waterways, swales, ditches and curb flow areas as required.

Bridges or culverts sha l l be designed t o support and carry loads according t o the requirements of Borou& Council but not less than AASHlD Loading HS-25 and shal l be constructed the f u l l width of the cartway plus additional length as necessary t o provide a proper instal la t ion.

Where open watercourses are planned, adequate safety, erosion control, drainage, protection of capacity and appearance measures sha l l be taken by the developer to insure proper, safe, h e a l t h N disposal of storm water. A l l open watercourses m u s t be approved by Borougfi Council.

Minimum grade of drainage courses s h a l l be designed t o create a minimum cleaning effect (velocity of 2' per second). Lesser grades may be permitted where such required grades cannot be achieved, and the municipality approves lesser grades.

Storm sewers sha l l have a m i n i m u m diameter of 15'' and a minimum grade of .5%. Lesser grades may be peimittcxl when substantiated w i t h calculations which prove that cleaning velocities w i l l be maintained.

Manholes shall normally be spaced at 300' maximum spacing where pipe s i z e s of 24" or less are used, and not over 400' where larger s izes a m ins ta l l td . In le t s m a y , i f approved by the Borough, be substituted for manholes.

A l l phases of construction of open ditches, gutters, or storm sewers including width, depth, shape, erosion control, minimum grade, s i ze and area shall be i n accordance with the requirements of these regulations and all storm drainage facilities sha l l be inspected and cer t i f ied by the Borou& Engineer.

Specific construction requirements and materials sha l l be i n accordance with applicable Borough specifications. If none exis t , r e q u i m e n t s of PennDoT shall govern.

Sectian 5.5. S i d d k s

Sidewalks shall be required on both sides of the stmet i n al l subdivisions unless the average s i z e l o t i n the subdivision is i n excess of one acre. Sidewalks m y be required i n subdivisions regardless of s i z e i f the character of the neighborhood is such that it would be deemed necessary or i f i t would be desirable t o cmtinue sidewalks that are existing in adjacent subdivisions or t o provide access t o cannunity facilities such as schools, shopping areas, and recreational areas.

Sidewalks sha l l be placed along the inside edge, and within the street right- of-way unless deemed undesirable or unfeasible by the Borough Council, where s idemlks may then be placed along the edge of the curbline. Paved driveways, between the sidewalk and street cartway sha l l a l so be required where vehicular access is desired t o the l o t .

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Installation of sidewalks may be delayed until the street is paved and a curb/undergmund storm drainage system is installed.

The minimum width for sidewalks shall be 4', but the Borough Council may require greater widths in the vicinity of shopping centers, schools and recreation facilities, or where similar intensive urban uses are anticipated.

Construction and materials shall be in accordance with Borough specifications. If none exist, PennDoT specifications shall govern.

Section 5.6 Wbs

All new or rebuilt streets shall be constructed with concrete curbs in accordance with accepted standards and in accordance with Borough specifications.

Section 5.7 Water Supply and Sanitary !3emrs

All subdivisions shall comply with the mandatory connection Ordinance of the Borough of Albion and shall obtain said services from the Albion Borough Municipal Authority. All water and sewer plans must be approved by the Albion Borough Municipal Authority as a condition of the approval of the subject subdivision.

Section 5.8 Utilities

Elbery lot in a subdivision shall be capable of being served by gas, electrical and telephone utilities and the necessary easements shall be provided. Utility distribution lines shall be installed within street rights of m y or within properly designated eastunents. To the fullest extent possible, underground utility lines should Le located in easements along the rear property lines but when local conditions require installation in street rights of way, lines shall not be installed beneath existing or j)mpsed paved areas and in any case shall. be installed prior to the placement of any paving. Section 5.9 Street U@ts

The developer shall be responsible for making the necessary arrangements with the Borough and the appropriate public utility canpny to install street lighting fixtures.

b

Section 5.'10 Street Signs

Street m e signs of a type approved by the Borough Council shall be installed at each street intersection by the subdivider, on locations specified by the Borough Council.

Section 5.11 Street T ~ e s

All tree planting shall conform to provisions of Ordinances governing same.

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ARTICLE 6 - F" SPEICIFICATI~

*tian 6.1 Sketch Plan

4 subdivision Sketch Plan may be submitted by the subdivider or property m e r 3s a basis for informal and confidential discussion with the Planning hrrrnission.

lata furnished in a Sketch Plan sha l l be at the discretion of the subdivider. I t is suggested that the following item be included i n the Sketch Plan pwsentation. The presentation need not be to scale and the precise dimensions w e not required.

6.1.1. Tract Boundary

6.1.2. North Point

6.1.3.

6.1.4. Topographical and physical features. U s e USGS 7 1/2, 1" = 2000'

6.1.5. Pmpos~xi general street layout.

6.1.6. Proposed general l o t layout.

6.1.7.

Streets on and adjacent t o the tract

scale quadrangle map suggested. )

Existing Zone Distr ic t i n which subdivision is located.

%tian 6.2. P I W ~ ~ I I W Y plan

The Preliminary Plan and other supplementary material required which is t o be suhnitted t o the Borough Council for conditional approval should be drawn at a scale of either 50' or 100' to the inch or at the largest practical scale. If the Preliminary Plan is drawn i n two or more sections, it sha l l be accompanied by a key map showing the location of the various sections. The Preliminary Plan, and its copies may k on any practical s i z e sheets. Copies of the Preliminary Plan may be either pr ints or photocopies.

The Preliminary Plan s h d l show the following information as a minimum:

6.2.1 .* Proposed subdivision name or identifying title.

6.2.2. Name and address of the owner of the tract or h i s authorized agent, i f any, and of the subdivider.

North point, graphic scale and date.

Total acreage of the tract and number of lo t s .

6.2.3.

6.2.4.

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6.2.5.

6.2.6.

6.2.7.

6.2.8.

6.2.9.

6.2.10

6.2.11

6.2.12

6.2.13

Zoning requirements - dist r ic t and minimum l o t size. Any changes that m a y be proposed i n the provisions of the zoning applicable t o the area t o be subdivided; and suggested locations of buildings i n connection therewith.

Tract boundaries showing distances and bearings.

Contours at ver t ical intervals of 5' for al l land subject t o flooding. .

The names of all owners of al l immediately adjacent unplotted land; the names of a l l proposed or existing subdivisions imnediately adjacent, and the locations and dimensions of all existing streets, alleys, crosswalks, railroads, storm drainage or l ines , public sewer and water mains and feeder l ines , fire hydrants, gas, electric, telephone and cable transmission l ines , water courses and other significant features within 100' of any part of the property proposed t o be subdivided; and the location of a l l buildings and approximate location of a l l tree masses within the property.

The location and widths of any streets or other public ways or places shown upon an adopted Master Plan, i f such ex is t s within or adjacent t o the tract t o be subdivided.

The fill plan of the developent, showing the location of a l l proposed streets, alleys, crosswalks, u t i l i t y easements, parks, playgrounds and other public areas; sewer, water and storm water facilities; proposed building setback l ines for each street, proposed l o t l ines and approximate dimensions of l o t s ; l o t number and/or block number i n consecutive order; and a l l strets and other areas designed for appurtenant f a c i l i t i e s , public use or proposed t o be dedicated or reserved for future public use, together with the condition of such dedications or reservations.

A key map, for the purpose of locating the site t o be subdivi.dd a t a minimum scale of 2,000' t o the inch, showing the relation of the tract t o adjoining property and t o a l l streets, schools, parks and municipal boundaries existing within 1,000' of any part of the property proposed t o be subdivided.

Tentative cross sections and centerline profiles for each proposed street shown on the Preliminary Plan. These profiles may be suhnitted as separate sheets.

Results and locations of percolation tests, made in accordance with the specifications of the E r i e County Health Department sha l l be submitted i f on-lot sewage systems are t o be used.

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

6.2.15 Where the Preliminary Plan s u h i t t e d covers only part of the subdivider's en t i r e holding, a sketch of the prospective future street system of the unsubi t ted part sha l l be furnishtd; the street system of the s u h i t t e d part w i l l be considered together with adjustments and connections with future streets i n the part not sutmitted.

6.2.16 Proposed street name for each proposed street shown on the: Prel imiMry Plan.

6.2.17 A d ra f t of any proposed covenants t o run w i t h the land.

6.2.18 A tentative timetable for the proposed sequence of developnent for the subdivision, i f said subdivision is t o be developed i n sections.

6.2.19 Statement of intentions regarding ins ta l la t ion of required improvements or furnishing performance bond or other suitable security i n l i e u of such installations.

Section 6.3 Final Plan

The Fina l Plan and other supplementary material required which is t o be s u h i t t e d t o the Borough Council for approval and subsequent recording shal l bc drawn with India Ink on a transparent reproduction of the Final Plan with black l i n e on s tab le p las t ic base film. The Fina l Plan sha l l be drawn at a scale of e i ther 50' or 100' t o the inch or at the largest practical scale. If the Final Plan is drawn i n two or more sections, it sha l l be accmpanitd by a key ma[ showing the location of the various sections. The Fina l Plan and its copie\f shall be on 18" x 24" sheets. Copies of the F ina l Plan shall be either black on white or blue on white pr ints .

TherFinal Plan shall show.: the following information at a minimum:

6.3.1. Name of the subdivision.

6.3.2. Name and address of the owner and subdivider.

6.3.3, North point, graphic scale and date.

6.3.4. Block and l o t numbers ( i n consecutive order) , dimensions, min im area and to t a l number of l o t s ; acreage of whole developnenl density and use of land.

6.3.5. Source of title to the land of the subdivision and t o all adjoining l o t s , as shown by the books of the E r i e county Recorder of k e d s , names of the owners of al l adjoining unsubdividtd land:

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6.3.6.

6.3.7.

6.3.8.

6.3.9.

6.3.10

6.3.11

6.3.12

6.3.13

6.3.14

6.3.15

6.3.16 4

6.3.17'

the E r i e County Tax Assessment Bureau municipality-block-parcel number(s) for the t rac t t o be subdivided.

Lot l ines with accurate bearings and distances. Distances to be to the nearest hundredths of a foot.

Lot areas calculated to the nearest square foot exclusive of any street, a l ley or crosswalk right of way.

Accurate dimensions of existing public land and of any property to be dedicated o r reserved for public, semi-public, o r c m i t y use, and a l l areas to h i c h t i t le is reserved by owner.

Accurate boundary l ines , w i t h dimensions and bearings, which provide a sLwey of the t rac t , closing with an error not more than 1' i n 10,OOO'.

Accurate distances and directions to the nearest established street corners or of f ic ia l monuments. Reference corners sha l l be accurately described.

Canplete curve data for all curves, including radius, delta angle, tangent, arcandchord.

Street names.

Location and material of a l l permanent monuments and l o t markers.

Easements for u t i l i t i e s or access and any limitations on such easements.

Setback l ines and l o t sizes not less than the minimum as fixed by the Albion Borough Zoning Ordinance.

A location map of the subdivision at a minimum scale of 2,000' t o the inch, showing the relation of the property to adjoining property and to al l streets and municipal boundaries existing within 1,OOO' of any part of the property proposed t o be subdivided.

The following cer t i f ica tes , where applicable, sha l l be shown on the Final Plan and its copies:

- Certification, with seal, by a registered land surveyor t o t h e effect that the survey and plan are correct,

- Certificate for the review of the County Planning Department.

- Certificate for the review and reccmnendation of approval by the Planning Ccmnissim.

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- Certification, duly acknowledged before a notary public, w i t h seal, and signed by the owner or owners of the property, t o the effect that the subdivision shown on the Final Plan is the act and deed of the owner, that he ( the subdivider) is the owner of the property shown on the survey and plan, and that he desires the same t o be recorded as such.

- Certificate for approval by the Borough Council.

- A certificate t o provide for the recording information.

6.3.18 The Final Plan shall be accompanied by the following material:

- Final profiles, cross sections, and specifications for street improvements, and sanitary and storm sewerage, and mter distribution systems shal l be shown on one o r more separate sheets.

- A l l covenants running with the land governing the reservation and maintenance of dedicated or undedicated land or open space, which sha l l bear the certificate of approval of the municipal Sol ic i tor as t o the i r legal sufficiency.

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

- Where l o t sizes are based on public mter and/or public sewer facilities, assurance acceptable to the Borough Council t ha t such facilities w i l l be installed.

- Such certificates of approval by proper authorities of t h e 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.

b - One of the following fo r guaranteeing improvements:

A certificate from the subdivider and signed by the Municipal Engineer that a l l improvements and installations i n the subdivision required by this Ordinance have been made or installed in accordance with specifications; or

A certificate from the subdivider and signed by the Municipal Sol ic i tor that a bond, cer t i f ied check, or other security satisfactory t o the Borough Council has been f i l ed with the Borough.

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ARTICLE 7 - AcFlINIsIRATIoN

Section 7.1 Filing Fee

The filing fee shall be as fixed annua ly by the Borough Council by resolution. Any additional costs of review, design, inspection or maintenance by the Borough and/or the municipal Engineer and Solicitor shall be borne by the applicant. .

Section 7.2 Inspection

When the plans of streets and other improvements have been approved as provided in this Ordinance, the subdivider shall first notify the Borough Council 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 comnence so as to give the Borough Council or the I\tlunicipal Engineer an opportunity to inspect the site prior to comnencement of work and to inspect installation or construction of said streets and improvements during the course of work being performed.

Section 7.3 Mxhtemnce

Prior to any street, or other improvement being 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 Rorough Council to remedy any defects which are caused by defective or inf'erior materials or mrhnanship which m y develop during a period of tm (2) years from date of acceptance by the Borough.

Section 7.4 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 Comnon Pleas of Erie County, Pennsylvania in accordance with Article 10 of the Pennsylvania Planning Code.

Section 7.5 Preventive Remedies I

In accordance with Section 515.1 of the Planning Code, in other remedies, the Borough may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, 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 frm such penalties or from the remedies herein provided.

The Borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has ken developed or which has resulted from a subdivision of real property in violation of the Ordinance.

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This authority t o deny such a permit or approval shall apply to any of the following applicants: the owner of record at the time of such violation; the vendee or lessee of the Owner of record at the time of such violation without regard as t o whether such vendee or lessee had actual or constructive knowlexige of the violation; the current owner of record who acquircd the property subsequent t o the time of violation without regard as t o whether such current owner had actual or constructive knowledge of the violation; or the vendee or lessee of the current owner of record tho acquired the property subsequent to the time of violation without regard as to &ether such vendee or lessee had actual or constructive knowledge of the violation.

A s an additional condition for issuance of a permit or the granting of an approval t o any such owner, current owner, vendee or lessee for the development of any such real property, the Borough may require canpliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest i n such real property.

Section 7.6 Jurisdiction and Enf'orcement R e m e d i e s

In accordance with Section 515.2 and 515.3 of the Planning Code, District Justices shall have i n i t i a l jurisdiction i n proceedings brought under t h i s sect ion.

Any person, partnership or corporation who or which has violated the provisions of t h i s Ordinance sha l l , upon being found liable therefor i n a c i v i l enforcement proceeding comnenced by the Borough, pay a judgment of not more than $500 plus a l l court costs, including reasonable attorney fees incurred by the Borough as a resul t thereof. No judgment shall c m n c e or be i m p o s e d , levied or payable un t i l the date of the determination of a violation by the d i s t r i c t justice. If the defendant neither pays nor timely appeals the judgment, the Borough m a y enforce the judgment pursuant t o the applicable rules of c i v i l procedure. Each day that a violation continues shall constitute a separate violation, unless the d i s t r i c t justice determining that there has been a violation further determines that there was a good faith basis for t h e person, partnership or corporation violating this Ordinance t o have believed tha t ithere m s no such violation, i n hhich event there sha l l be deemed t o have been only one such violation unt i l the f i f t h day following the date of the-. determination of a violation by the d i s t r i c t justice and thereafter each day tha t a violation continues sha l l constitute a separate violation.

The E r i e County Court of C m o n Pleas, upon peti t ion, may grant an order of stay, upon cause shown, tol l ing the per diem judgment pending a f inal adjudication of the violation and judgment.

Nothing contained i n t h i s section shall be construed or interpreted t o grant t o any person or ent i ty other than the Borough the right t o ccmnence any action for enforcement pursuant t o t h i s section.

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APPRWAL Ppx;E

Recarmend- of appruval by the Albion Borough Planning Commission t h i s A&' d a y of * ? A L L Z n . c 4 *

chairman

Member

n. I

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