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Council approves subdivision note accepting sidewalk across existing driveway at 221 Raspberry Lane
Summary
Council approved a subdivision plan note that lets a proposed sidewalk be extended across an existing depressed driveway at 221 Raspberry Lane, subject to a recorded agreement that defers the recreation fee until future development and a plan note requiring fee payment if the property develops.
Council approved July 29 a plan recording for a subdivision affecting 221 Raspberry Lane that allows an existing driveway approach with a sidewalk depression to remain where the owner had intended the sidewalk extension to cross the driveway.
Jeff Bowlby of Trimble Surveyors presented on behalf of the property owners, saying the plan previously was before council and the planning commission and that the owner "is proposing to close the existing driveway access to Cedar" but had built a depression rather than a curb with vertical curves. Elijah (engineering staff) said the configuration addresses the planning commission comment and that engineering has no objection to the recordation provided the plan includes the note deferring the recreation (rec) fee until development. Elijah said the borough will keep an assigned agreement on file and a note on the plan indicating fee-in-lieu deferral so the rec fee would be paid if the lot is developed later; the owner would pay the greater of the fee then or the fee had it been paid now.
Council members asked about records appearing correctly in future reviews; Elijah said the assignment agreement and plan note will provide an auditable paper trail if the property lines or use change in the future. Council voted to approve the plan note, with a motion and second recorded and the chair stating "Motion carries."
Why this matters: The action allows the approved sidewalk alignment to cross an existing depressed driveway while preserving the borough’s ability to collect recreation fees if the lot is developed in the future.
Implementation note: The plan will be recorded with a note deferring the recreation fee and with a filed assignment agreement; future development will trigger the fee payment per the plan note.
