[Amended 1-14-1991 by Ord. No. 1-91; 5-6-1996 by Ord. No. 4-96]
A. 
General procedure. The procedures established in this chapter shall apply to all subdivisions that require approval or review by the Planning Commission.
B. 
Procedure for proposed subdivision plans in Jersey Shore Borough.
(1) 
Sketch plan. The subdivider may prepare a sketch plan for informal discussion with the Planning Commission prior to submitting the official preliminary plan for review. Such discussion will be considered as confidential between the subdivider and the Planning Commission.
(2) 
Submission of preliminary plan. The subdivider shall submit to the Borough Secretary eight copies of a preliminary plan meeting the requirements of this chapter not less than 15 days prior to the regular meeting of the Planning Commission.
(3) 
Referrals. The Borough Council shall immediately send one copy of the plan to the Borough Planning Commission, one copy to the County Planning Commission, one copy to the Pennsylvania Highway Department District Office if the subdivision will enter any existing or proposed commonwealth highway, one copy to the Borough Engineer, public utilities, Pennsylvania Department of Environmental Protection, County Soils Conservation Office, and other public agencies as deemed appropriate.
(4) 
Action.
(a) 
The Borough Council shall review the application and all reports from agency referrals but shall not approve any application until a report is received from the County Planning Commission or until the expiration of 30 days from the date the application is delivered to the County Planning Commission. The Borough Council shall return the application to the developer either approved or with recommendations for changes necessary for approval. The Borough Council shall communicate its action to the subdivider/developer in writing on such preliminary application within 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 next said 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. In the event that any modification from this chapter is requested by the subdivider/developer, or is deemed necessary by the Borough Council for approval, the modification and the reason for its necessity shall be entered in the records of the Borough Council.
(b) 
The Borough Council shall determine, except as otherwise provided herein, whether the preliminary application shall be approved, approved with modifications or disapproved and shall notify the subdivider/developer in writing thereof, including, if approved with modifications or disapproved, a statement of reasons for such action and shall return a copy of the preliminary application to the subdivider/developer. The decision of the Borough Council shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
(c) 
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.
(d) 
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.
(e) 
When an application is approved "with modifications," the developer shall agree to such modifications in writing. Failure to return such a written acceptance within 30 days of notification shall be deemed to constitute withdrawal of the plan and shall constitute disapproval of the plan.
(5) 
Effect of approval. Approval of the preliminary application shall not constitute approval of the final subdivision/land development application by the Borough Council.
[Amended 1-14-1991 by Ord. No. 1-91]
A. 
Filing.
(1) 
The subdivider/developer shall file with the Borough Planning Commission and the Lycoming County Planning Commission a final application for the section (or portion) to be developed. All documents and date submitted hereunder shall be labeled "Final Application." Failure to comply with the time limitation herein provided shall make the approval of the preliminary application null and void unless an extension of time is requested by the subdivider/developer and for good cause granted by the Borough Council.
(2) 
The subdivider/developer, not less than 15 days prior to the meeting at which consideration is desired, shall file with the Commission eight copies of a final application for the proposed subdivision/land development, including all information required under § 266-11 of this chapter.
B. 
Conformance with preliminary application. The final application will have incorporated all changes and modifications required by the Borough Council; otherwise, it shall conform to the approved preliminary application, and it may constitute only that portion of the approved preliminary application which the subdivider proposes to record and develop at the time, provided that such portion conforms with all of the requirements of this chapter.
C. 
Completion of improvements or guarantee thereof prerequisite to final plat approval.
(1) 
No plat or land development shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, and any walkways, curbs, gutters, sanitary sewers, storm sewers, and other improvements as may be required by this chapter have been installed in accordance with the requirements of this 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, the subdivider/developer shall deposit with the Borough a financial security acceptable to the Borough Council 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. Such financial security shall provide for and secure to the public the completion of any improvements which may be required within the period fixed in this chapter for such completion. The Borough shall be identified on such security as a party to be notified in the event that said security is canceled, revoked or redeemed by the holder thereof.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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 shall be posted by the developer in accordance with this subsection.
(6) 
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 Borough 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 the 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.
(7) 
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 cost-estimating procedure.
(8) 
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 guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
(9) 
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, of 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 Borough 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, the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of improvements completed or, if the Borough Council fails to act within said forty-five-day period, the Borough Council shall be deemed to have approved the release of funds as requested. The Borough Council shall, 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.
(10) 
Where the Borough Council accepts dedication of all or some of the required improvements following completion, the Borough 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 of 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 be 10% of the actual cost of installation of said improvements.
(11) 
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 with the financial security as otherwise required by this section.
(12) 
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 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.
D. 
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 mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall thereupon file a report, in writing, with the Borough Council and shall promptly mail a copy of same to the developer by certified mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer 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 by the Borough Engineer, said report shall contain a statement of reason for such nonapproval.
(2) 
The Borough Council shall notify the developer within 15 days of receipt of the Engineer's report, in writing by certified mail, of the action of said Borough Council with relation thereto.
(3) 
If the Borough Council or the Borough 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 the said improvements shall not be approved 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 Borough Engineer.
(6) 
Where herein reference is made to the "Borough Engineer," he shall be a duly registered professional engineer employed by the Borough or engaged as a consultant thereto.
(7) 
The foregoing procedures for release from improvement bond shall also be applicable to requests for partial releases of not less than 25% each; provided, however, that, if the developer requests such partial releases, he shall be responsible for all related costs of the Borough Engineer.
E. 
Remedies to effect completion of improvements.
(1) 
In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plat, the Borough Council may enforce any corporate bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough Council may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the subdivider/developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other Borough purposes. Further, the Borough Council shall not be obliged to expend general revenues of the Borough to complete improvements for which the security is or becomes inadequate.
(2) 
In the further event that the Borough Council acts to realize the proceeds of the security and to effect the completion of improvements, it shall do so in its governmental capacity and shall not be deemed to be acting in the capacity of the subdivider or developer.
F. 
Approval. The Borough Council shall determine whether the final application shall be approved or disapproved and shall render its decision and communicate it in writing to the subdivider/developer 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.
(1) 
If approved, the Borough Council shall sign the original final subdivision application and attach thereto a notation that it has received approval and return it to the subdivider/developer for compliance with the recording requirements.
(2) 
If disapproved, the Borough Council shall attach to the application a statement of reasons for such action and return it to the subdivider/developer.
(3) 
The decision of the Borough Council shall be communicated to the applicant personally or mailed to him by certified mail at his last known address not later than 15 days following the decision.
(4) 
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.
G. 
Changes. No changes, erasures, modifications or revisions shall be made on any final application of a subdivision/land development after approval has been given by the Borough Council and endorsed in writing on the application, unless the application is resubmitted to the Borough Council.
H. 
Recording plats and deed.
(1) 
Upon approval of the final plat, the developer shall, within 90 days of such final approval, record such plat in the office of the Lycoming County Recorder of Deeds and forthwith file with the Borough Council a recorder's certificate that the approved application has been recorded, with the deed book and page numbers indicated and two copies of the application as recorded. The Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the Borough's approval and review by the Lycoming County Planning Commission.
(2) 
The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plat.
I. 
Effect of plat approval on Official Map. After a plat has been approved and recorded as provided in this chapter, all streets and public grounds on such plat shall be and become a part of the Official Map of the Borough without public hearing.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No. 4-96]
The decisions of the Borough Council with respect to the approval or disapproval of plats or variances may be appealed to the Court of Common Pleas of Lycoming County in the same manner and within the same time limitations as is provided for zoning appeals from the decision or findings of the Zoning Hearing Board as set forth in the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The recording of the approved final plan, which shall be within 90 days of Planning Commission approval, shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included with the subject plat.
[Amended 9-7-1976 by Ord. No. 943-A]
All plans shall meet the requirements outlined in the following subsections:
A. 
Sketch plan. A sketch plan should show the following data, legibly drawn to scale, but not necessarily showing precise dimensions:
(1) 
Tract boundaries and location.
(2) 
Name of Borough.
(3) 
North point, scale and date.
(4) 
Significant topographic and physical features.
(5) 
Proposed general street and lot layout.
B. 
Preliminary plan. The preliminary plan shall be drawn to a scale of not more than 100 feet to the inch.
C. 
Information to be shown on preliminary plan. The preliminary plan shall show:
(1) 
Title block containing the name of the subdivision, Borough, owner of site, date, scale, name of individual preparing the plan.
(2) 
North point.
(3) 
Location map showing relation of tract to adjoining properties, existing road and highway system, existing public utilities, easements and Borough boundaries.
(4) 
Deed description and survey map of tract boundaries showing bearings and distances, certified by a licensed surveyor or professional engineer.
(5) 
Names of owners of all adjoining property and the names of all abutting subdivisions.
(6) 
Contours at vertical intervals of five feet and data to which contour elevations refer (for subdivisions involving new roads and/or watercourses).
(7) 
Existing watercourses and other significant natural features.
(8) 
Location and sites of existing buildings, sewers, water mains, culverts, transmission lines, fire hydrants, and other significant man-made features.
(9) 
All existing or recorded streets on or adjacent to the tract, including name, right-of-way width of pavement.
(10) 
Location, profiles and width of proposed streets, rights-of-way and easements, proposed lot lines, areas to be dedicated to public use and building setback lines.
(11) 
Total acreage, number of lots and existing zoning classification.
D. 
Material to be submitted with preliminary plan. The following information, data and documents shall be submitted with the preliminary plan:
(1) 
Planning Commission application form.
(2) 
Copies of existing or proposed deed restrictions, if any.
(3) 
Tentative grading cross sections and center-line profiles for each proposed street and sidewalk.
(4) 
Preliminary designs of proposed bridges or culverts.
(5) 
Drawing of present and proposed grades and facilities for stormwater drainage, sanitary sewers, and water mains.
(6) 
Sketch of proposed street layout where the preliminary plan covers only part of the subdivider's holdings.
(7) 
Letters from utility companies indicating approval of proposed easements or location for utility service facilities.
(8) 
Feasibility report on sewage and water facilities as required in §§ 266-25 and 266-33A.
(9) 
Drawing of street paving plan, complete with base, pavement, curb and gutter.
(10) 
Estimated cost of required improvements.
(11) 
Evidence that the subdivider has a current Pennsylvania Department of Transportation occupancy permit for subdivisions abutting a state highway.
E. 
Additional material to be submitted with preliminary plan. Any proposed subdivision or land development partially or completely located within the flood-fringe or floodway areas of the Borough shall include information in the preliminary plan submittal which assures that:
(1) 
All such proposals are consistent with the need to minimize flood damage.
(2) 
All public utilities and facilities such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage as provided for in § 266-33C.
(3) 
Adequate drainage is provided as to reduce exposure to flood hazards.
F. 
Final plan. The final plan to be submitted to the Planning Commission for approval and subsequent recording shall be either drawn with India ink on tracing cloth or be a transparent reproduction of the final plan with black lines on cloth or stable plastic base Mylar film. The final plan shall be at a scale of 50 feet to 100 feet to the inch, and shall be on a sheet size of 18 inches by 18 inches by 24 inches and contain a one-half-inch margin on all sides. If the final plan is drawn in two or more sections, a key map showing the location of the sections shall be placed on each sheet.
(1) 
Information to be shown on final plan. The final plan shall show:
(a) 
Title block containing the name of the subdivision, Borough, owner of site, date, scale, name of individual preparing the plan.
(b) 
North point.
(c) 
Location map showing relation of tract to adjoining properties, existing road and highway system, existing public utilities, and Township boundaries.
(d) 
Tract boundaries showing bearing and distances.
(e) 
Existing significant natural or man-made features.
(f) 
Existing and proposed streets and lot lines with distances and bearings of all straight lines and radii, arcs and central angles of all curves.
(g) 
Areas to be dedicated to public use.
(h) 
Names, bearings, and width of rights-of-way and easements.
(i) 
Certification, with seal, by a registered professional engineer or surveyor to the effect that the survey and map are correct.
(2) 
Material to be submitted with final plan. The following information, data and documents shall be submitted with the final plan:
(a) 
Planning Commission application form.
(b) 
Corrected and updated material from the preliminary plan.
(c) 
Detailed drawings and specifications for all improvements in preliminary plan drawings and sanitary sewerage disposal systems.
[1] 
Sanitary sewers shall be detailed as follows:
[a] 
Plan and profile of all sewers showing all special features such as inverted siphons, extra-strength pipe, sewer bridges, stream crossings, etc.
[b] 
Figures showing the manhole stationing, size of sewers, surface and sewer invert elevations of manholes, and the grade of all sewers between two adjacent manholes must be shown on the profiles. When there is a question of the sewer being sufficiently deep to serve any residence, the elevation and location of the basement floor shall be plotted on the profile of the sewer which is to serve the house in question. The subdivider's surveyor or engineer shall certify that all sewers are sufficiently deep to serve adjacent basements except where otherwise noted on the plans.
[c] 
Details of all ordinary sewer appurtenances, such as manholes, drop manholes, inspection chambers, inverted siphons, as well as of any special appurtenances or structures such as regulators, tide gates, sewer bridges, pumping stations, etc.
[d] 
Detailed plans of all sewer sections except standard pipe, clearly shown as such, must accompany the plans. Details of cradling and easement must also be shown.
[e] 
A summary of design data for all sewers and for pumping stations or any similar facilities must accompany the plans.
[2] 
Storm drains and sewers shall be detailed as follows:
[a] 
All details required for the collection and disposal of surface drainage shall be the same as that required for sanitary sewers.
[b] 
Details of catch basins, open channels, culverts, conduits, ditches and headwalls.
[c] 
Design and construction details for the ultimate disposal of stormwaters.
[d] 
Design and construction details for any method of lowering the groundwater table with a drainage system.
[e] 
A summary of design data for all storm drainage must accompany the plans.
[f] 
Water supply system.
(d) 
A certificate from the subdivider that all required improvements have been installed in accordance with specifications or that a satisfactory performance guarantee has been filed with the Borough.
(e) 
Certificates from the Commonwealth Health Department, County Sanitarian's office, approving the subdivision's public water supply and sanitary sewer system.
(f) 
A certificate from the Borough Engineer that the improvements have been inspected and found to be installed in accordance with specifications.