[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
A.
All applicants shall submit and receive approval for both a preliminary
plan and then a final plan, unless the plan fully satisfies the criteria
for a minor subdivision or minor land development plan, or the applicant
receives a waiver by Borough Council.
B.
As part of the subdivision and land development process, it is strongly
encouraged that the applicant schedule a pre-application conference
with the Borough Manager, Engineer, Zoning Officer, and other staff
as applicable, prior to submission of the preliminary and final subdivision
and/or land development plan. The purpose of the pre-application conference
is to: 1) foster an informal plan review between the applicant and
staff; 2) reduce the subdivision processing time and costs for the
applicant; and 3) expedite the review and approval process once the
plan is formally submitted. The following procedures and information
should be addressed in the pre-application conference:
(1)
The pre-application conference shall be scheduled prior to the initial
plan submission;
(2)
The applicant shall be charged reasonable fees in accordance with
Article VII for engineering-related services;
(3)
Due to the informal nature of the pre-application conference, the
applicant or the Borough shall not be bound by any determination of
the pre-application conference;
(4)
The pre-application conference shall not be deemed the beginning
of any time period for review as prescribed by law or this chapter.
[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
A.
The applicant shall provide to the Zoning Officer a completed application in accordance with the requirements of § 226-20.
B.
Upon the filing of a preliminary plat as determined
above, the Zoning Officer shall forward a copy of the preliminary
plat to the following for appropriate review, comment and approval:
C.
The applicant shall provide copies of the plat to
all non-Borough agencies where required by law.
D.
Upon receipt of the application, the Planning Commission shall examine the plat and supporting information, with particular emphasis on the suitability of the plan for the development of the land and its relationship to the harmonious extension of streets and utilities, arrangement of housing and other uses in terms of density and general consistency with the Borough Comprehensive Plan, giving due consideration to the comments and recommendations of others. In the review of land development plans, the Planning Commission shall also be concerned with the adequacy of parking, surface and storm drainage, accesses, landscaping and other design features, inter alia. The final written recommendations of the Planning Commission shall be forwarded to the Borough Council within 45 days of completion of the Planning Commission's review or within such lesser period of time as may be necessary to enable the Borough Council to render a timely decision in accordance with § 226-19E.
E.
The Borough Council shall render its decision and
communicate it to the applicant not later than 90 days following the
date of the regular meeting of the Planning Commission next following
the date the application is filed, provided that should said next
regular meeting occur more than 30 days following the filing of the
application, said ninety-day period shall be measured from the 30th
day following the day the application has been filed.
(1)
The decision of the Borough Council shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision.
(2)
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each
case, cite the provisions of the statute or ordinance relied upon.
(3)
Failure of the Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
required herein shall be deemed an approval of the application, in
terms, as presented, unless the applicant has agreed, in writing,
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case the Council's failure
to meet the extended time or change in manner of presentation of communication
shall have like effect.
F.
Before acting upon any application, the Council may
hold a public hearing.
[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
On or before the 20th day prior to the regular
monthly meeting of the Planning Commission at which consideration
is desired, the applicant shall file with the Zoning Officer a completed
application with respect to a preliminary plan, prepared by a professional
land surveyor, a professional architect, professional landscape architect,
or professional engineer in accordance with the standards set forth
in the Professional Engineers Registration Law, P.L. 913, No. 367.[1] The application submission shall contain the following:
A.
Twelve paper copies of all plans, reports, and studies to the Zoning Officer for processing and scheduling before the Planning Commission and Borough Council, as per § 226-3. The cover sheet shall include a listing of associated sheets with appropriate references, labeling, and legends. Sheets shall be no larger than 36 inches by 48 inches, and three sets shall be folded to a size not to exceed 10 inches by 12 inches for filing purposes. The plan shall show the following:
(1)
The name or identifying title of the proposed subdivision
or land development.
(2)
A North point, graphic scale, location and condition
of survey monuments, the date the original plan was prepared and the
date of any subsequent revisions after the plan has been submitted,
if any.
(3)
A diagram at a scale not less than 1,000 feet to the
inch (unless a different scale is approved by the Zoning Officer)
covering sufficient areas to establish the location of the site within
the Borough.
(4)
The name, address, and phone number of the applicant
and certification showing that the applicant is the owner of the land,
agent of the owner, or tenant with permission of the landowner. Three
copies of the plan shall be signed by the applicant.
(5)
The name, address, and phone number and seal of the
professional engineer, architect or landscape architect certifying
the plan indicates the conditions of the site and the professional
land surveyor certifying the accuracy of the plat perimeter survey.
Three copies of the plan shall have the original seal and signature
of the professional engineer, architect, or landscape architect and
the professional land surveyor.
(6)
Approval blocks intended to be signed by the appropriate
officers of the Planning Commission, Borough Council, County Planning
Commission and the Borough Engineer.
(7)
Existing conditions:
(a)
Tract boundaries by bearings and distances,
and deed references according to records of the Recorder of Deeds
and previous subdivisions or land development.
(b)
All existing property lines, easements and rights-of-way
and the purpose for which the easements or rights-of-way have been
established.
(c)
The total square footage and acreage of existing
land, number and area of lots, area of rights-or-way and recreation
area or common space and number and area of dwelling units and/or
structures and all other uses in tabular form.
(d)
The names of owners of all abutting land, including
deed references, and the name of all abutting subdivisions indicating
the locations thereof.
(e)
The zoning district in which the property is
located and the zoning district of abutting properties, including
areas within the Floodplain District, and all variances or special
exceptions approved by the Zoning Board applicable to the proposed
development or subdivision.
(f)
All existing streets on or adjacent to the tract,
including the name, right-of-way width and pavement width.
(g)
All existing buildings, sanitary and storm sewers,
water mains, culverts, fire hydrants, utility lines, curbs, sidewalks,
signage, traffic control devices and other significant man-made features
on or abutting the tract.
(h)
Watercourses, marshes, rock outcrops, wooded
areas and areas known to be underlain with limestone.
(i)
The identity and location of all stormwater facilities, streets
and other features identified for future public use as depicted on
the Official Map.
[Added 12-11-2014 by Ord.
No. 2212, approved 12-11-2014]
(8)
Proposed conditions/changes:
(a)
Applications and plats for land development,
not subdivisions for the purpose of adding or deleting property lines,
must show existing and proposed contours at vertical intervals of
two feet, except in areas where the slope is greater than 15%, in
which case the contour interval shall be five feet. The datum to which
contour elevations refer shall be the United States Coast and Geological
Survey Datum. Simple subdivisions (i.e., subdivisions not involving
land development) are not encompassed by this requirement.
(b)
A number to identify each lot or parcel in the
unit, cooperative or condominium subdivision and/or site setting forth
the total square footage and acreage of land and proposed number and
area of lots, area of rights-of-way and recreation area or common
space and number and area of dwelling units and/or structures and
all other uses, in tabular form.
(c)
All public areas, rights-of-way, easements or
other parcels of land proposed to be dedicated or reserved for public
use.
(d)
Lot numbers; proposed lot lines including dimensions
(bearing and distance) and lot areas; cooperative or condominium subdivision
or land development; recreation areas; public buildings and public
areas; any other parcels of land; and proposed minimum front, side
and rear setback line for all lots.
(e)
The purpose for which sites, other than residential
lots or parcels in the unit, cooperative or condominium subdivision
or land development, are dedicated or reserved.
(f)
The location, width and grade of all proposed
streets, rights-of-way and easements; for all streets and access points
within or adjacent to the tract, the name, right-of-way width, cartway
width, the distances between all access points, and clear sight triangles
at all street intersections; typical cross sections of streets including
a curb and center line profile.
(g)
Location of any proposed improvements, such
as curbs, sidewalks, walkways, driveways, loading areas, parking areas,
loading areas, lighting, signage, landscaping, buffering, traffic
control devices; and, when the proposed use includes other than a
single-family detached residential dwelling, the type of land use,
residential density and the location of structures for solid waste
disposal facilities, centralized postal facilities, and parking facilities.
(h)
The location of proposed water mains, fire hydrants,
valves, sanitary sewers, manholes, electric, gas, telephone, cable
television and stormwater facilities. The size of each proposed or
existing line shall be shown, as well as the location of or distances
to any existing line to be connected to, including all appurtenances.
A profile of all proposed water and sewer mains and storm drainage
lines shall also be shown. Any utility lines proposed to be above
ground shall be noted as such.
(i)
A plan for the collection, detention or retention of runoff of surface water and its outfall, together with design analyses and any other supporting data in accordance with this and other appropriate ordinances. The design shall be for the storm event required under Chapter 217 (Stormwater Management).
[Amended 3-10-2011 by Ord. No. 2148, approved 3-11-2011]
(j)
When required by the Borough Engineer, data,
including a water model, sufficient to show adequate provisions for
a reliable, safe and adequate water supply to support intended uses
and in compliance with this chapter.
(k)
For plans which will require access to a highway
under the jurisdiction of the Department of Transportation, the plan
shall contain a notice that a highway occupancy permit is required
pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1424, No.
428), known as the "State Highway Law,"[2] before driveway access to a state highway is permitted.
[2]
Editor's Note: See 36 P.S. § 670-101
et seq.
B.
Where applicable, a sewer plan revision module for
land development shall be the responsibility of the applicant and
shall be prepared in accordance with the rules and regulations of
DEP.
C.
Where the site is underlain with carbonate rocks (limestone
and dolomites), information shall be provided as to the potential
for sinkholes, and, where a potential for sinkholes exists, the applicant
shall furnish information as to special construction procedures that
will be taken to prevent subsidence.
D.
Where environmental impact may result from the proposed
subdivision or land development, materials supplemental to the preliminary
plan may be required in the form of an environmental study to determine
any environmental impact, as well as to recommend improvements to
mitigate the impact. The study shall be performed by a qualified practitioner
in the field at the expense of the applicant.
E.
At this stage, if the tract or any part thereof is
located within the official floodplain area, the following regulations
shall apply:
(1)
The applicant shall prepare a contour map of the area
proposed for subdivision or land development with contour intervals
of two feet, except in the areas where slope is greater than 15%,
in which case the contour interval shall be five feet, showing which
portion of the tract is in the floodway, which portion of the tract
is in the flood fringe and which portion of the tract is in the approximated
floodplain according to the official Flood Insurance Rate Map (FIRM)
as prepared by the Federal Emergency Management Agency, latest addition.
(2)
Where all or any part of the tract is located in the
Floodway District (FW), the part of the tract located in the Floodway
District (FW) shall not be platted for any use, activity or development
which is not a permitted use, activity or development. No use, activity
or development shall be permitted, except where the effect of such
on flood heights is fully offset by accompanying stream improvements
which have been approved by all appropriate local, state and federal
authorities as required by law.
(4)
Where all or any part of the tract is located in the
floodplain, the part of the tract located in such district shall not
be platted for any use, activity or development except as permitted
under the Zoning Ordinance.
F.
Evidence, in writing, where 100 or more dwelling units
are proposed in a subdivision or land development, that the Carlisle
School District has been advised of the proposed subdivision or land
development.
G.
Traffic impact study. This is for traffic studies
for developments that do not need a zoning change; with respect to
developments requiring a zoning change, see the Zoning Ordinance.
(1)
Uses requiring a traffic study. At the time of any
required preliminary plan submittal for any of the following under
the Borough Subdivision and Land Development Ordinance or, if that
is not applicable, at the time of any required plan review under this
chapter for any of the following uses, the applicant shall submit
a traffic study and a written report:
(a)
More than 120 dwelling units.
(b)
More than 20,000 square feet of total floor
area of commercial space.
(c)
More than 30,000 square feet of total floor
area of office space.
(d)
Any truck terminal or more than 60,000 square
feet of total floor area of industrial space.
(e)
More than 30,000 square feet of total floor
area of institutional space.
(f)
Any use or combination of uses that would generate
results greater than 1,500 trips per day.
(2)
Scope of study. A traffic study shall meet all the requirements and procedures listed in § 255-246B(7)(d) of the Borough of Carlisle Zoning Ordinance.
H.
Staging. Where development is projected over a period
of more than one year or in more than one section, the applicant shall
submit a schedule delineating all proposed sections, as well as deadlines,
within which applications for final plat approval of each section
are intended to be filed. Such schedule shall be updated annually
by the applicant on or before the anniversary of the preliminary plat
approval, until final plat approval of the final section has been
granted, and any modification in the aforesaid schedule shall be subject
to approval by the Borough Council. Each section in any residential
subdivision or land development, except for the last section, shall
contain a minimum of 25% of the total number of dwelling units as
depicted on the preliminary plan, unless a lesser percentage is approved
by the Borough Council in its discretion.
I.
A copy of any highway occupancy permit application
filed or proposed to be filed and any subsequent amendments, issued
by the Pennsylvania Department of Transportation (PennDOT).
J.
An erosion and sedimentation control plan pursuant
to all applicable statutes, regulations or rules, and evidence that
complete applications have been submitted for any required erosion
and sediment control permit. If an erosion and sedimentation control
permit is not required, the Borough Council may, at its discretion,
have the plan reviewed by the Borough Engineer. The cost of the review
shall be paid by the applicant.
K.
A stormwater control and discharge plan pursuant to
applicable laws, regulations or rules, and evidence that complete
applications have been submitted for any required stormwater discharge
permit to the County Conservation District Office or DEP.
L.
Such other information as may be required by the Planning
Commission, Borough Council, Zoning Officer or Borough Engineer in
the enforcement of this chapter.
[1]
Editor's Note: See now 63 P.S. § 148
et seq.
A.
No application for final plat approval shall be submitted
to or received by the Borough until the applicant/owner has received
preliminary plat approval by the Borough Council. The following procedures
shall be followed for the submission and processing of a final plat
for proposed subdivision or land developments, unless these requirements
are superseded by amendment to the Pennsylvania Municipalities Planning
Code:[1]
(1)
The applicant shall submit 12 paper copies of all plans, reports and studies to the Zoning Officer for processing and scheduling before the Planning Commission and Borough Council, as per § 226-3. The cover sheet shall include a listing of associated sheets with appropriate references, labeling, and legends. Sheets shall be no larger than 36 inches by 48 inches, and three sets shall be folded to a size not to exceed 10 inches by 12 inches for filing purposes. Two copies of any stormwater and soil erosion control related documents, shall also be submitted. The applicant shall also submit a Portable Document Format (PDF) file of the plan and all supporting documentation, reports, and studies. The PDF should be landscape oriented for plan sheets, and optimized and compressed to reduce file size.
[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
(2)
The Borough Council shall render its decision and
communicate it to the applicant not later than 90 days following the
date of the regular meeting of the Planning Commission next following
the date the application is filed, provided that should said next
regular meeting occur more than 30 days following the filing of the
application, said ninety-day period shall be measured from the 30th
day following the day the application has been filed.
(a)
The decision of the Borough Council shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last-known address not later than 15 days following
the decision.
(b)
When the application is not approved in terms
as filed, the decision shall specify the defects found in the application
and describe the requirements which have not been met and shall, in
each case, cite to the provisions of the statute or ordinance relied
upon.
(c)
The Borough Council, in addition to its powers
to approve the plan without conditions and to disapprove the plan,
may approve the plan subject to conditions acceptable to the applicant.
Where conditions imposed by the Council have not been or are not accepted
by the applicant or its representative within 15 days of mailing to
the applicant of notice of the decision granting approval subject
to conditions, the conditions shall be deemed rejected by the applicant,
approval of the plan shall be deemed rescinded, and the plan shall
be deemed to have been disapproved ab initio by the Borough Council.
As in the case of a decision of disapproval, a decision of approval
subject to conditions shall specify the defects found in the application
and shall contain a description of the requirements which have not
been met, with citation to the provisions of the statute or ordinance
relied upon; provided, however, that nothing herein shall preclude
the Council and applicant from agreeing upon conditions regardless
of their bases in statute or ordinance.
(3)
When an application for approval of a final plat has
been approved subject to conditions acceptable to the applicant, the
applicant shall satisfy all conditions set forth in the approval within
90 days following the date of approval subject to conditions or the
conditional approval shall expire and be deemed revoked, unless a
written extension is granted by Borough Council; such extension shall
not be unreasonably withheld and shall be placed, in writing, at the
request of the developer.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
The final plat shall incorporate all the changes and modifications required by the Borough Council. Otherwise, it shall conform to the approved preliminary plat. Upon approval by the Borough Council, final plat submission may constitute only that portion of the approved preliminary plat which the applicant proposes to record and develop at the time, provided that such portion conforms to all of the requirements of this chapter. In such case the applicant shall submit a schedule for the development of the balance of the tract as required by § 226-21K of this chapter and the Pennsylvania Municipalities Planning Code.
C.
No plat shall be finally approved unless the streets shown on such plat shall have been improved to a mud-free or otherwise permanently passable condition or improved as may be required by the Subdivision and Land Development Ordinance and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by the Subdivision and Land Development Ordinance have been installed in accordance with such ordinance. In lieu of the completion of any improvements required as a condition of the final approval of a plat, including improvements or fees projected pursuant to § 226-21B and K, provisions are hereby made for the deposit with the Borough of financial security in an amount sufficient to cover the costs of such on-site/off-site improvements or common amenities, including but not limited to roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements or buffer or screen plantings which may be required.
D.
When requested by the developer, in order to facilitate
financing, Borough Council shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat, contingent
upon the developer obtaining a satisfactory financial security. The
final plat or record plan shall not be signed nor recorded until the
financial improvements agreement is executed. The resolution or letter
of contingent approval shall expire and be deemed to be revoked if
the financial security agreement is not executed within 90 days, unless
a written extension is granted by the governing body, such extension
shall not be unreasonably withheld and shall be placed, in writing,
at the request of the developer.
E.
Without limitation as to types of financial security
which the Borough Council may approve, which approval shall not be
unreasonably withheld, federal- or commonwealth-chartered lending
institution irrevocable letters of credit and restrictive or escrow
accounts in such lending institutions shall be deemed acceptable financial
security for the purposes of this section.
F.
Such financial security shall be posted with a bonding
company or federal- or commonwealth-chartered lending institution
chosen by the party posting the financial security, provided that
said bonding company or lending institution is authorized to conduct
such business within the commonwealth.
G.
Such bond or other security shall provide for and
secure to the public the completion of any improvements which may
be required on or before the date fixed in the formal action of approval
or accompanying agreement for completion of the improvements.
H.
The amount of financial security to be posted for
the completion of the required improvements shall be equal to 110%
of the cost of completion estimated as of 90 days following the date
scheduled for completion by the developer. Annually the Borough may
adjust the amount of the financial security by comparing the actual
cost of the improvements which have been completed and the estimated
cost for the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Borough may require the developer to post additional security
in order to assure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this subsection.
I.
The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements
submitted by an applicant or developer and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Borough,
upon the recommendation of the Municipal Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Borough are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and chosen mutually by the Borough
and the applicant or developer. The estimate certified by the third
engineer shall be presumed fair and reasonable and shall be the final
estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Borough
and the applicant or developer.
J.
If the party posting the financial security requires
more than one year from the date of posting of the financial security
to complete the required improvements, the amount of financial security
may be increased by an additional 10% for each one-year period beyond
the first anniversary date from posting of financial security or to
an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period by using the above bidding procedure.
K.
In the case where development is projected over a
period of years, the Borough Council may authorize submission of final
plats by section or stages of development, subject to such requirements
or guaranties as to improvement in future sections or stages of development
as it finds essential for the protection of any finally approved sections
of the development.
L.
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Borough Council to release or authorize the release of, from time
to time, such portions of the financial security necessary for payment
to the contractor or contractors performing the work. Any such requests
shall be in writing, addressed to Borough Council, and the Council
shall have 45 days from receipt of such request within which to allow
the Municipal Engineer to certify, in writing, to the Borough Council
that such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification, Borough
Council shall authorize release by the bonding company or lending
institution of an amount as estimated by the Municipal Engineer fairly
representing the value of the improvements completed, or, if Borough
Council fails to act within said forty-five-day period, the Council
shall be deemed to have approved the release of funds as requested.
The governing body may, prior to final release at the time of completion
and certification by its engineer, require retention of 10% of the
estimated cost of the aforesaid improvements.
M.
Where the Borough Council accepts dedication of all
or some of the required improvements following completion, the Council
shall require the posting of financial security to secure structural
integrity of said improvements, as well as the functioning of said
improvements in accordance with the design and specifications as depicted
on the final plat for a term not to exceed 18 months from the date
of acceptance of dedication. Said financial security shall be of the
same type as otherwise required in this section with regard to installation
of such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
N.
In those unusual situations where water mains or sanitary
sewer lines, or both, along with appurtenances or facilities related
thereto, are to be installed under the jurisdiction and pursuant to
the rules and regulations of a public utility or municipal authority
separate and distinct from the Borough, financial security to assure
proper completion and maintenance thereof shall be posted in accordance
with the regulations of the controlling public utility or municipal
authority and shall not be included within the financial security
as otherwise required by this section.
O.
If financial security has been provided in lieu of
the completion of improvements required as a condition for the final
approval of a plat as set forth in this section, the Borough shall
not condition the issuance of building, grading or other permits relating
to the erection or placement of improvements, including buildings,
upon the lots or land, as depicted upon the final plat upon actual
completion of the improvements depicted upon the approved final plat.
Moreover, permits for any building or buildings to be erected shall
not be withheld following: the improvement of the streets providing
access to and from existing public roads to such building or buildings
to a mud-free or otherwise permanently passable condition, as well
as the completion of all other improvements, as depicted upon the
approved plat, either upon the lot or lots or beyond the lot or lots
in question if such improvements are necessary for the reasonable
use of or occupancy of the building or buildings.
P.
Release from improvement bond.
(1)
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Borough,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Municipal
Engineer. Borough Council shall, within 10 days after receipt of such
notice, direct and authorize the Municipal Engineer to inspect all
of the aforesaid improvements. The Municipal Engineer shall, thereupon,
file a report, in writing, with the Borough Council and shall promptly
mail a copy of the same to the developer by certified or registered
mail. The report shall be made and mailed within 30 days after receipt
by the Municipal Engineer of the aforesaid authorization from Borough
Council; said report shall be detailed 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 Municipal Engineer, said report shall
contain a statement of reasons for such nonapproval or rejection.
(2)
Borough Council shall notify the developer, within
15 days of receipt of the Engineer's report, in writing, by certified
or registered mail, of the action of Borough Council with relation
thereto.
(3)
If the Borough Council or the Municipal Engineer fails
to comply with the time limitation provisions contained herein, all
improvements will be deemed to have been approved and the developer
shall be released from all liability pursuant to its performance guaranty
bond or other security agreement.
(4)
If any portion of said improvements shall not be approved
or shall be rejected by the municipal governing body, the developer
shall proceed to complete 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 the developer's right to contest or question, by legal proceedings
or otherwise, any determination of Borough Council or the Municipal
Engineer.
Q.
Before acting on any plat, the Borough Council may
hold a public hearing.
R.
Upon the approval of a final plan, or 90 days following
satisfactorily completion of conditions imposed for such final plan
approval, whichever is later, the applicant shall submit to the Zoning
Officer four signed, certified, and notarized copies of the final
plan. The Zoning Officer shall circulate same for required signatures
by Borough officials and then notify applicant once completed. The
applicant shall then obtain signature by the Cumberland County Planning
Commission, and then return the plan to the Borough for the Borough
to record the plan in the Office of the Recorder of Deeds in Cumberland
County at the applicant's expense.
[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
S.
No change, erasures, modifications or revisions shall
be made on any final plat after approval has been given by the Borough
Council and endorsed, in writing, on the plat, unless it has been
first resubmitted to the Borough Council or is made subject to a condition
of approval.
[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
A final plan shall be prepared by a professional
land surveyor, a professional architect, professional landscape architect,
or professional engineer in accordance with the standards set forth
in the Professional Engineers Registration Law, P.L. 913, No. 367.10[1]. The application shall contain the following:
A.
Twenty copies of a map or series of maps or sheets
not larger than 36 by 48 inches, drawn to scale not smaller than 50
feet to the inch (unless approved by the Zoning Officer), clearly
labeled "Final Plan." When more than one sheet is required, an index
of the entire subdivision or land development shall be shown on the
cover page or the following page. The plan shall show the following:
(1)
All of the information required to be shown or provided with the preliminary plan as pursuant to § 226-20 of this chapter.
(2)
A statement by the owner dedicating streets, rights-or-way,
easements and any sites for public uses which are to be dedicated.
(3)
Annotation of the date the preliminary plan was approved
by Borough Council or a statement that the requirement for a preliminary
plan was waived or was not required.
B.
Unless otherwise directed by the Zoning Officer or
Borough Engineer, the final plat shall be accompanied by the following
data, exhibits and plans, as prescribed by the Borough or as required
by the laws of the commonwealth:
(1)
Certification of agreements to provide services from
applicable utility companies, including electric, gas, telephone,
cable television, etc.
(3)
When any portion of the tract proposed for subdivision
or land development is located in any of the floodplain districts,
the following information shall be required as part of the final plat
and shall be prepared by a professional engineer, architect, landscape
architect or surveyor:
(a)
The exact location and elevation of all proposed
buildings, structures, roads and public utilities to be constructed
within any identified floodplain area or district. All such maps shall
show contours, at intervals of two feet, except in areas where the
slope is greater than 15%, in which case the contour intervals shall
be five feet, and identify accurately the boundaries of the floodplain
districts and shall be certified by the applicant's registered professional
engineer.
(b)
Submission of the final plat shall also be accompanied
by all required permits and related documentation from DEP and any
other commonwealth agency or local municipality where any alteration
or relocation of a stream or watercourse is proposed. In addition,
documentation shall be submitted indicating that all affected adjacent
municipalities have been notified of the proposed alteration or relocation.
The Department of Community and Economic Development (DCED) and the
Federal Insurance Administrator shall also be notified whenever any
such activity is proposed.
(4)
The agreements and form of financial security required
by this chapter.
(5)
A copy of any final highway occupancy permit, and
any subsequent amendments issued, when such a permit is required by
the Pennsylvania Department of Transportation.
(6)
Such other certificates, affidavits, endorsements
or dedications as may be required by the Borough Council in the enforcement
of this chapter.
(7)
For
minor subdivision plans, the applicant shall submit the following
instruments for review and approval by the Borough Solicitor:
[1]
Editor's Note: See now 63 P.S. § 148
et seq.
