A.
Within 12 months after approval of the preliminary plat, a final
subdivision or land development plat, and all required supplemental
data, shall be submitted to the head of Borough Engineering Services.
An extension of time may be granted by Borough Council upon written
request. Otherwise, the plat submitted may be considered as a new
preliminary plat.
B.
The final plat shall conform in all significant respects to the preliminary
plat as previously reviewed by the Borough Council, but shall incorporate
all modifications required by the Borough Council in its review of
the preliminary plat. The Borough Council may, however, accept a final
plat modified so as to reflect any substantial changes which have
occurred on the site of the proposed subdivision, or in its surroundings,
since the time of the preliminary plat review.
C.
Copies of the final subdivision or land development plat shall be
submitted to the County Planning Commission and any appropriate county
and state agencies.
D.
The final plat may be submitted in sections or stages, each covering a reasonable portion of the entire proposed subdivision as shown on the reviewed preliminary plat, in accordance with regulations as set forth in § 250-16. In the case of a final subdivision or land development plat which is to be submitted in sections or stages over a period of years, the time between submission of applications for final approval of each stage or section shall be no greater than 24 months.
E.
Official submission of a final plat to the head of Borough Engineering
Services shall comprise submitting the following information no less
than 30 days prior to a regularly scheduled Planning Commission meeting:
(1)
Submission of one copy of a completed final subdivision or land development
plat application, and the appropriate submission fee.
(2)
Submission of 15 paper prints of the final plat.
(3)
Submission of six copies of all required supplemental information.
(4)
Submission of two copies of all offers of dedication and covenants,
governing the reservation and maintenance of undedicated open space,
which shall bear the certificate of approval of the Borough Solicitor
as to their legal sufficiency.
(5)
The head of Borough Engineering Services shall retain one copy of
the application, one plat print, and one copy of the supplemental
information. He shall then submit one copy of the application, four
plat prints and one copy of the supplemental information to the Franklin
County Planning Commission, and one copy of the application, one plat
print and one copy of the supplemental information, offers of dedication
and covenants governing undedicated open space to each of the members
of the Borough Planning Commission, each Councilman, the Zoning Enforcement
Officer and the Borough Solicitor.
F.
Additional prints of the final plat shall be submitted to the respective
agencies in each of the following circumstances:
(1)
Whenever the property being subdivided or developed abuts a State
Legislative Route, one print of the final plat shall be submitted
to the Pennsylvania Department of Transportation.
(2)
Whenever a proposed subdivision or land development is located in
more than one municipality or located adjacent to another municipality,
one print of the final plat shall be submitted for each municipality.
A.
Review of final plat by the County Planning Commission shall proceed
as follows:
(1)
Within 30 days of the date of forwarding of the plat to the county,
the staff of the County Planning Commission shall review the final
plat and shall recommend such written changes and modifications as
it may deem necessary or advisable in the public interest and send
them to the head of Borough Engineering Services, Borough Planning
Commission, Borough Council, and the developer or his designated agent.
B.
Review of the final plat by the Borough Planning Commission shall
proceed as follows:
(1)
When a final plat has been officially submitted, it shall be placed
on the agenda of the Borough Planning Commission for review at its
next regular meeting, provided that such official submission to the
head of Borough Engineering Services has occurred no less than 30
days prior to such regular meeting. The Planning Commission may hold
a public hearing at this time if the final plat departs substantially
from the preliminary plat.
(2)
The Borough Planning Commission shall review the final plat at one
or more regularly scheduled or special meetings. During review of
the final plat, the Planning Commission shall also consider the written
report of the head of Borough Engineering Services, Borough Zoning
Officer and, if required, of the County Planning Commission.
(3)
Within 15 days after the meeting at which the final plat is last
reviewed, the Planning Commission shall recommend to the Borough Council
in writing that the final plat be approved, approved with conditions
or disapproved. The findings and reasons upon which action is based
shall be included in the written recommendation.
C.
Review of the final plat by the Borough Council shall proceed as
follows:
(1)
No official action shall be taken by the Borough Council with respect
to the final plat until the Borough has received the written report
of the County Planning Commission, provided that the report is received
within 30 days from the date the final plat was forwarded to the County
Planning Commission for review. If such report is not received within
30 days, the Borough Council may proceed to take action on the final
plat without consideration of comments from the County Planning Commission.
(2)
Before acting on a final plat, the Borough Council may hold a public
hearing thereon after public notice.
(3)
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 the said next regular
meeting occur more than 30 days following the filing of the application,
the said ninety-day period shall be measured from the 30th day following
the day the application has been filed. 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, failure to meet the extended time or change in manner of presentation
of communication shall have like effect.
(4)
The decision of the Borough Council shall be in writing and shall
be communicated to the applicant personally or mailed by certified
mail to him at his last known address not later than 15 days following
the decision. If delivered personally, the applicant shall give the
Borough a receipt indicating he has received the decision.
(5)
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 ordinance relied upon.
D.
Completion of improvements or guarantee thereof prerequisite to final
plat approval.
(1)
No final plat shall be endorsed by the Borough Council unless an
improvements agreement in a form acceptable to the Borough Council
and Borough Solicitor is executed at the discretion of Borough Council.
A unit breakdown of all improvements required by this chapter and
their costs shall be included within such agreement.
(2)
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be required by this chapter and any
walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with such chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees required by the Borough, the subdivider or developer shall
deposit with the Borough a financial security in an amount sufficient
to cover the costs of such 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.
(3)
When requested by the developer, in order to facilitate financing,
the 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 Borough Council; such extension shall
not be unreasonably withheld and shall be placed in writing at the
request of the developer.
(4)
Without limitation as to other types of financial security which
the Borough 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.
(5)
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 said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
(6)
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.
(7)
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.
(8)
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 head of Borough Engineering Services, 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.
(9)
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.
(10)
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, 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 the Borough Council, and the Borough Council
shall have 45 days from receipt of such request within which to allow
the head of Borough Engineering Services 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, the Borough Council shall authorize release by the
bonding company or lending institution of an amount as estimated by
the head of Borough Engineering Services fairly representing the value
of the improvements completed or, if the Borough Council fails to
act within said forty-five-day period, the governing body shall be
deemed to have approved the release of funds as requested. The Borough
Council 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.
(11)
Where the Borough Council accepts dedication of all or some
of the required improvements following completion, the Borough Council
may 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.
(12)
If water mains or sanitary sewer lines, or both, along with
apparatus 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.
(13)
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,
if said financial security has been provided, occupancy 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 in 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.
E.
Release from improvement bond.
(1)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Borough Council, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the head of Borough
Engineering Services. The Borough Council shall, within 10 days after
receipt of such notice, direct and authorize the head of Borough Engineering
Services to inspect all of the aforesaid improvements. The head of
Borough Engineering Services 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 head of Borough
Engineering Services of the aforesaid authorization from the 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 head of Borough Engineering Services,
said report shall contain a statement of reasons for such nonapproval
or rejection.
(2)
The 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 the Borough Council with relation
thereto.
(3)
If the Borough Council or the head of Borough Engineering Services
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 the said improvements shall not be approved or
shall be rejected by the Borough Council, 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 the Borough Council or the head
of Borough Engineering Services.
(6)
Where herein reference is made to the head of Borough Engineering
Services, he shall be a duly registered professional engineer employed
by the Borough or engaged as a consultant thereto.
(7)
The Borough may prescribe that the applicant shall reimburse the
Borough for the reasonable and necessary expense incurred for the
inspection of improvements. Such reimbursement shall be based upon
a schedule established by ordinance or resolution. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the head of Borough Engineering Services or consultant
for work performed for similar services in the community, but in no
event shall the fees exceed the rate or cost charged by the engineer
or consultant to the Borough when fees are not reimbursed or otherwise
imposed on applicants.
A.
The final plat shall be drawn at a scale of not less than one inch
equals 50 feet. Where necessary, the plat may be on several sheets
accompanied by an index sheet showing the entire subdivision. The
final plat shall show or be accompanied by the following:
(1)
Date (including date of all revisions), name and location of the
subdivision and development. Name of owner and graphic and written
scales.
(2)
Tract boundary lines with bearings and distances, tract area, right-of-way
lines of streets, street names, easements and other rights-of-way,
land to be reserved or dedicated to public use, all lot lines and
other site lines with accurate dimensions, bearings or deflection
angles, radii, arcs, and central angles of all curves, lot areas,
source of title to the tract.
(3)
The purpose of any easement or land reserved or dedicated to public
use shall be designated and the proposed use of sites other than residential
shall be noted.
(4)
Each block shall be numbered and the lots within each block shall
be numbered consecutively beginning with number 1.
(5)
Minimum building setback lines on all lots and other sites, applicable
zoning district, applicable area, yard and height requirements, and
table indicating compliance with zoning requirements.
(6)
Location and description of all monuments and lot markers.
(7)
Names of owners of adjoining land and subdivisions.
(8)
Certification by registered professional engineer and/or registered
surveyor as to accuracy of details of plat.
(9)
Certification that the applicant is agent or owner of the land, or
that the owner has given consent under an option agreement, and any
offer of dedication to public use of streets, playgrounds, parks and
easements all areas so shown and indicated on the plat.
(10)
Plan and profiles of proposed new streets and alterations to
existing streets to a scale of one inch equals 20 feet horizontal
and one inch equals four feet vertical approved by the head of Borough
Engineering Services. Cross sections of streets shall be provided.
(11)
Contours at five-foot intervals for slopes averaging 4% or greater
and at two-foot intervals for land of lesser slope, datum to which
contour elevations refer, and areas of slope exceeding 10%.
(12)
Plan and profiles of proposed new and alterations to existing
storm sewers, sanitary sewers and water mains, fire hydrants, and
drainage swales, including cross sections.
(13)
A certificate by the head of Borough Engineering Services certifying
that the subdivider has complied with one of the following alternatives:
(a)
All improvements have been properly installed in accord with
the requirements of these regulations and with the action of the Borough
Council giving conditional approval to the preliminary plat; or
(b)
A bond with sufficient surety or certified check has been posted,
which is available to the Borough and in sufficient amount to assure
completion of all required improvements.
(14)
Protective covenants in form for recording.
(15)
The final plat shall be accompanied by approved water and/or
sewer main extension agreements.
(16)
Construction details of all improvements.
(17)
A copy of any highway occupancy permit required for access to
a state highway.
(18)
An erosion and sedimentation control plan and post construction
stormwater management plan.
(19)
A copy of all approvals required from PADEP and the Franklin
County Conservation District.
(20)
A stormwater maintenance agreement.
(21)
Wetlands, one-hundred-year floodplains and one-hundred-year
flood elevations.
(22)
Traffic control devices and clear sight triangles at street
intersections.
(23)
Plat status and index of sheets.
(24)
Grading plan.
(25)
Lighting plan.
(26)
Landscaping plan.
(27)
Certificate for signatures of Borough Planning Commission and
Borough Council.
(28)
For the curblines and right-of-way lines of all streets, the
length, in feet to the second decimal point, of all straight lines
and the length of arc, radius, delta angle (in degrees, minutes, and
seconds) of all curved lines.
(29)
Bearings and distances shall be provided for easements when
not parallel to lot or street lines.
(30)
Location, size and proposed use and design of all parks, playgrounds,
recreation areas, community centers, and other public uses. Areas
to be dedicated to the Borough shall be noted. Areas to be reserved
for public use but not be dedicated shall be noted, any conditions
governing such areas shall be listed, and the arrangements to be made
for the ownership, administration and maintenance of these areas shall
be given.
(31)
Provisions for pedestrian and other nonvehicular circulation
throughout the tract.
(32)
In the case of land development plans, the following additional
information shall be shown:
(a)
The location and use of all buildings.
(b)
Location and grade of all common parking areas and access drives,
the size and number of parking spaces, and the width of aisles and
access drives.
(c)
The location, number, and dimensions of off-street loading areas.
(d)
Provisions for landscaping of the tract.
(e)
Provisions for lighting of the tract.
(f)
Provisions for traffic control.
(g)
The location of solid waste collection areas and provisions
to be made for solid waste collection.
(h)
A grading plan for the tract showing existing and proposed contour lines at the interval required by § 250-16A(11) and lowest floor elevations for proposed buildings.
(i)
Schematic architectural drawings of proposed buildings.
A.
Before the Borough Council approves any final plats, and as a prerequisite for approval, the developer shall deliver to the Borough Council a performance guarantee and assurances of escrowed amounts for inspection in accordance with § 250-15D and enter into an improvements agreement with the Borough per § 250-15D.
B.
Upon written application signed by the obligor and surety of performance
guarantee in a form approved by the Borough Solicitor, the Borough
Council may, at its discretion, extend the period for installation
of guaranteed improvements by not more than three additional years,
or, when the improvements have been partially completed, may reduce
proportionally the amount of the performance guarantee, by formal
resolution. In the event of the default under a performance guarantee,
the proceeds of the performance guarantee received by the Borough
shall be used to construct and install the improvements.
C.
The head of Borough Engineering Services shall notify the Borough Council upon the completion of procedures as set forth in Subsection B.
D.
After completion of procedures as set forth in Subsection B and after the final plat is approved by the Borough Council, the record plat, and as many other copies of the final plat as may be desired, shall be endorsed by the Council and by the County Planning Commission. No subdivision or land development plan may be recorded unless it bears Borough Council, County Planning Commission and Borough Planning Commission endorsements and the Corporate Seal of the Borough.
E.
The record plat shall be a clear and legible print of a type and
materials required by the Franklin County Recorder of Deeds.
F.
Upon the approval of a final plat, the developer shall within 90
days of such final approval or 90 days after the date of delivery
of an approved plat signed by the Borough Council following completion
of conditions imposed for such approval, whichever is later, record
such plat in the office of the Recorder of Deeds. If the developer
fails to record the final plat within such period, the action of the
Borough Council shall be null and void, unless an extension of time
is granted, in writing, by the Borough Council upon written request
of the developer. A receipt of recording shall be provided to the
head of Borough Engineering Services.
G.
At the time the record plat is endorsed by the Borough Council, the
Borough shall receive one hard copy and an electronic copy of the
final plat as approved for its permanent files.
H.
At the time the record plat is endorsed by the County Planning Commission,
the County Planning Commission shall receive two endorsed paper prints
of the final plat as approved by the Borough Council.
I.
The developer shall submit a hard copy and an electronic copy of
as-built public improvements after construction.
