[Ord. 759, 3/8/1993, § 401]
Whenever a subdivision of land or land development is desired
to be effected in the Town of Bloomsburg, Columbia County, Pennsylvania,
a plat of the layout of such subdivision or land development shall
be prepared, filed and processed according to the requirements of
this Chapter.
[Ord. 759, 3/8/1993, § 402]
1.
Prior to the filing of a major subdivision or land development plat
for review and approval, the applicant may be required to submit a
sketch plan to the Planning Commission, as part of the planning process,
for advice on the requirements necessary to achieve conformity with
the standards of this and other applicable municipal ordinances, as
well as, to alert the applicant to other factors which must be considered
in the design of the subdivision or land development. It is also recommended
that sketch plans of minor plats be submitted to the Planning Commission
for preliminary advice and comment.
2.
The plan shall be clearly labeled "sketch plan" and should include
sufficient information to clearly indicate the character and extent
of the proposed subdivision or land development and its relationship
to existing conditions and facilities within the area in which it
is to be located. It is recommended that sketch plan submissions include
the following:
3.
Prior to the preparation of any plans, the applicant should consult
with the Columbia County Conservation District concerning the preparation
of plans for stormwater management and erosion and sedimentation control.
4.
If the site is located within an area planned or currently receiving
public water and/or sanitary sewer services, the applicant shall consult
with the appropriate authority/utility.
5.
At this stage, the Commission shall assist the applicant in determining
whether or not the site is located in an identified flood hazard area,
in which case compliance with applicable floodplain management provisions
shall be required.
6.
If it is known that the parcels being created will be used for development requiring a special permit, or for development that is considered dangerous to human life, prospective developers should check the provisions contained in the Bloomsburg Floodplain Management Ordinance [Chapter 8], as amended, which pertain specifically to such development.
[Ord. 759, 3/8/1993, § 403; as amended by Ord.
841, 12/19/2001]
1.
Where five or fewer lots are proposed to be subdivided from a tract
of land or where land is being transferred to be combined with an
existing lot, the Town Council, being advised by the Planning Commission,
in response to a written request by the applicant, may waive the requirements
of preliminary plat requirements; provided, such proposal is on an
existing street and no new streets are involved. In such cases the
applicant shall submit a final plat as follows:
A.
The final plat shall be submitted and processed as required by § 22-404(C),
"Final Plats; Procedure," and contain the following data and plat
specifications:
(1)
If applicable, submit a stormwater management/erosion and sedimentation
control plan as required by the "Pennsylvania Clean Streams Law,"
and the Pennsylvania Department of Environmental Protection "Erosion
Control Rules and Regulations: (Title 25, PART I, Subpart C, Article
II, Chapter 102-Erosion Control). The plan content shall be prepared
in accordance with applicable provisions.
(2)
Eleven copies and one reproducible sepia (or other reproducible
material of equal quality) copy of the plat prepared by a registered
surveyor or engineer, at a maximum scale of one inch equals 100 feet,
on sheets no larger than 24 inches by 36 inches clearly labeled "Final
Plat," shall be submitted containing the following information:
(a)
The development or property name.
(b)
A location map on the plat (minimum scale one inch equals 1,000
feet showing property location, streets and other pertinent information.
(c)
Outline of property from which lot(s) are being subdivided,
lot area, bearings and distances of lot lines and referenced primary
control point.
(d)
Right-of-way widths, cartway widths and street names and numbers
for existing and/or proposed streets, alleys and easements.
(e)
Existing man-made features.
(f)
Name of zoning district and building setback lines.
(g)
Existing contours at vertical intervals of two feet or less
as required by the Planning Commission. Where, due to steep slope,
two foot contours are not practical, contours shall be at five foot
intervals.
(h)
Location and description of survey monuments shown on the plat.
(i)
Locations of existing and/or proposed public utilities.
(j)
Existing natural features, such as watercourses, wetlands, marshes,
rock outcrops and wooded areas.
(k)
Affected property deed reference, including book and page number.
(l)
Adjacent landowner names.
(m)
Reference to recorded subdivision plats of adjoining platted
land and by record name, date and number.
(n)
Name, address and telephone number of owner or applicant.
(o)
Name, address and telephone number and seal of professional
engineer certifying engineering aspects and professional land surveyor
certifying accuracy of plat survey (as defined herein). (Example provided
in Exhibit I.)
(p)
Date of plat preparation.
(q)
Municipality where property is located.
(r)
North point and scale.
(s)
Certification of ownership and dedicatory statement signed by
owner. (Example provided in Exhibit I.)
(t)
Notary public and recording statement. (Example provided in
Exhibit I.)
(u)
Approval blocks to be signed by the Planning Commission and
the Town Council. (Example provided in Exhibit II.)
(v)
Proposed protective covenants running with the land, if any.
(w)
When applicable, a copy of the sewage module for land development
or other equivalent documentation approved by the Department of Environmental
Protection in compliance with the requirements of the Pennsylvania
Sewage Facilities Act and Chapter 71 of Title 25 of the Pennsylvania
Code, as amended.
(x)
When applicable, a statement should be included on plat regarding
the presence of wetlands. The statement should note that no development
is proposed within wetlands or that the necessary approvals for the
disturbance of wetlands have been obtained from the appropriate Federal
and State regulating agencies. Disturbance of wetlands shall include,
but not be limited to, filling, draining or building activities.
(y)
Compliance with the Bloomsburg Floodplain Management Ordinance [Chapter 8], as amended, pertaining to applications located in a flood hazard area.
(z)
Where the proposed subdivision abuts a State highway (Pennsylvania
route or United States route), evidence, in writing, from the Pennsylvania
Department of Transportation indicating the Department's concurrence
with the proposed design for driveway access and drainage required
for issuance of the Department's highway occupancy permits. In addition,
permit number and date of issuance shall be noted on plat.
(aa)
Where water is to be provided by means other than by private
wells owned and maintained by the individual owners of lots within
the subdivision or land development, the applicant shall present evidence
to the Planning Commission that the subdivision or land development
that potable water is to be adequately supplied by a municipal corporation,
authority or utility or a bona fide cooperative association of lot
owners. A copy of a Certificate of Public Convenience from the Pennsylvania
Public Utility Commission or an application for such, a cooperative
agreement or a commitment or agreement to serve the area in question,
whichever is appropriate, shall be acceptable evidence.
(bb)
Such other data as may be required
by the Planning Commission or Town Council in the enforcement of this
Chapter.
2.
After two minor subdivisions have taken place within any given tract,
the developer shall be required to submit a preliminary plan for the
entire tract, in accordance with § 404 herein, as part of
next subsequent application, unless the size, frequency and interrelationships
of prior subdivisions clearly do not warrant such.
[Ord. 759, 3/8/1993, § 404; as amended by Ord.
841, 12/19/2001]
Where more than six dwelling units or 10,000 square feet of
nonresidential building area are proposed for development, a preliminary
and final subdivision and/or land development plats shall be required
to be submitted for approval as per the following procedures and specifications:
A.
preliminary plat; Procedure.
(1)
The applicant, 14 calendar days prior to the meeting of the
Commission at which consideration is desired, shall file with the
Assistant Town Administrator, or designee, 10 copies of a complete
preliminary plat of the proposed subdivision or land development and
other required data and maps. The applicant shall submit concurrently,
with the preliminary plat, five copies of the sewage plan revision
module for land development, if applicable.
(2)
The Assistant Town Administrator, or designee, shall submit
copies to the County Planning Commission, Town Engineer and/or Consultant
and may submit copies to the public utilities, Bloomsburg Area School
District, Columbia County Conservation District, Pennsylvania Department
of Environmental Protection and other public agencies. The Town Council,
upon the recommendation of the Commission shall act on any such preliminary
plat not later than 90 days following the date of the regular meeting
of the Town Council or the Planning Commission (whichever first reviews
the application) 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. In the event that any alteration of requirements from
this Chapter is requested by the applicant or is deemed necessary
by the Commission for approval, the alteration and the reason for
its necessity shall be entered in the records of the Commission.
(3)
The Columbia County Planning Commission shall review the preliminary
plat and data and shall return one copy of a written report stating
their suggestions for modifications and design changes to the Planning
Commission within 30 days of their receipt of same or forfeit their
right to review.
(4)
The Town Council shall determine whether the preliminary plat
shall be approved or disapproved and shall notify the applicant in
writing thereof, including, if approved with conditions or disapproved,
a statement of reasons for such action, not later than 15 days following
the decision.
(5)
Before acting on any subdivision plat, the Town Council may
hold a public hearing thereon after public notice.
(6)
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 this Chapter.
(7)
Failure of the Town 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. (A sample "Agreement to Extend the Time for Rendering and
Communicating a Decision on Certain Preliminary and/or Final Subdivision
Plans" is provided in Exhibit III.)
(8)
Approval of the preliminary plat constitutes approval of the
proposed subdivision or land development with respect to the general
design, the approximate dimensions and other planned features. Preliminary
approval binds the developer to the general scheme of the plat as
approved. Preliminary approval does not authorize the recording, sale
or transfer of lots or the installation of improvements.
(9)
Preliminary approval shall expire within five years after being
granted. An extension of time may be requested by the applicant and
approved by the Town Council in accordance with § 508(4)
of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
Request for extension shall be submitted to the Assistant Town Administrator/or
designee 30 days prior to any prevailing expiration date. Extensions
may be granted for no more than three one-year periods.
B.
preliminary plat; Specifications.
(1)
The following shall be submitted as part of the application
for review and approval of a preliminary plat:
(a)
Eleven copies and one reproducible sepia (or other reproducible
material of equal quality) copy of a map or series of maps or sheets
not larger than 24 inches by 36 inches drawn to scale not smaller
than 100 feet to the inch, unless otherwise specified herein, clearly
labeled "preliminary plat," and showing the following:
1)
In the case where the preliminary plan covers only a portion
of the affected tract, a key map at a scale not smaller than 400 feet,
showing the entire tract with contours at intervals no less than 20
feet, natural features, proposed street system, abutting streets,
names of abutting property owners and location of proposed subdivision/land
development.
2)
The development or property name.
3)
The owner's or applicant's name, address and telephone number.
4)
The municipality's name in which the plat is located.
5)
Name, address, telephone number and seal of the professional
engineer certifying engineering aspects and professional land surveyor
certifying accuracy of plat survey (as defined herein). (Example provided
in Exhibit I.)
6)
North point and scale.
7)
Certification of ownership and dedicatory statement signed by
owner. (Example provided in Exhibit I.)
8)
Notary public and recording statement. (Example provided in
Exhibit I.)
9)
Approval blocks to be signed by the Planning Commission and
the Town Council. (Example provided in Exhibit II.)
10)
A location map on the plat (minimum scale one inch equals 1,000
feet) showing property location, streets and other pertinent information.
11)
Existing natural features, such as watercourses, wetlands, marshes,
rock outcrops and wooded areas.
12)
All existing buildings, sanitary and storm sewers, water mains,
culverts, fire hydrants and other significant man-made features on
or adjacent to the tract.
13)
Existing contours at vertical intervals of two feet or less
as required by the Planning Commission. Where, due to steep slope,
two foot contours are not practical, contours shall be at five foot
intervals.
14)
Right-of-way widths, cartway widths and names and numbers for
existing and/or proposed streets, alleys and easements.
15)
The layout of lots showing approximate dimensions, lot numbers
and approximate area of each lot.
16)
Parcels of land intended to be dedicated or reserved for schools,
parks, playgrounds, parking areas, common open space or other public,
semipublic or community purposes.
17)
When applicable, a statement should be included on the plat
regarding the presence of wetlands. The statement should note that
no development is proposed within wetlands or that the necessary approvals
for the disturbance of wetlands have been obtained from the appropriate
Federal and State regulating agencies. Disturbance of wetlands shall
include, but not be limited to, filling, draining or building activities.
18)
Where the subdivision and/or land development lies partially
or completely within any identified floodplain area or district or
where such activities border on any identified floodplain area or
district, the preliminary plat shall include the following information:
a)
Location and elevation of proposed roads, utilities
and building sites, fills, flood or erosion protection facilities.
b)
Floodway and one-hundred-year flood elevations.
c)
Areas subject to special deed restrictions.
|
All such maps shall show contours at intervals of two or five
feet depending upon the slope of the land and identify accurately
the boundaries of the identified floodplain areas or districts.
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(2)
The preliminary plat shall be accompanied by the following data
and plans:
(a)
A profile of each street, including grades.
(b)
Location of existing and proposed utility mains.
(c)
Location plans of proposed sanitary and/or stormwater sewers
and of any proposed water distribution systems.
(d)
A profile of the proposed sanitary and storm sewers and water
lines, with invert elevations and connections to existing systems.
(e)
Where water is to be provided by means other than by private
wells owned and maintained by the individual owners of lots within
the subdivision or land development, the applicant shall present evidence
to the Planning Commission that the subdivision or land development
that potable water is to be adequately supplied by a municipal corporation,
authority or utility or a bona fide cooperative association of lot
owners. A copy of a Certificate of Public Convenience from the Pennsylvania
Public Utility Commission or an application for such, a cooperative
agreement or a commitment or agreement to serve the area in question,
whichever is appropriate, shall be acceptable evidence.
(f)
A preliminary stormwater management/erosion and sedimentation
control plan, as required by the "Pennsylvania Clean Streams Law,"
and the Pennsylvania Department of Environmental Protection "Erosion
Control Rules and Regulations" (Title 25, Part I, Subpart C, Article
II, Chapter 102 — Erosion Control), together with a report from
the Columbia County Conservation District indicating whether a permit
for earth moving activity is required from the Department of Environmental
Protection under Chapter 102 regulations. The plan content shall be
prepared in accordance with the stormwater management/erosion control
measures set forth herein.
(g)
If necessary, a completed sewage plan revision module for land
development to comply with the planning requirements of the Pennsylvania
Sewage Facilities Act and § 71.16 of Chapter 71 of Title
25 of the Pennsylvania Code for submission by the Town of Bloomsburg
to the Department of Environmental Protection.
(h)
Where the proposed subdivision abuts a State highway (Pennsylvania
route or United States route), evidence, in writing, from the Pennsylvania
Department of Transportation indicating the Department's concurrence
with the proposed design for driveway access and drainage required
for issuance of the Department's highway occupancy permits, permit
number and date of issuance shall be noted on the plat.
(i)
Evidence, in writing, where 100 or more dwelling units are proposed
in a subdivision or land development, from the Bloomsburg Area School
District containing their review and comments for the proposed development.
(j)
A copy of a report, where deemed necessary by the Town Council
or Town Engineer/Consultant, indicating an estimated volume of vehicular
traffic movement and the adequacy of the proposed and existing streets
and highways to carry the traffic both within and beyond the proposed
development including possible solutions to such problems as may be
thereby identified.
(k)
Such other data as may be required by the Planning Commission
or Town Council in the enforcement of this Chapter.
C.
Final Plats; Procedure.
(1)
The applicant shall, not later than five years after the date
of approval of the preliminary plat, for that portion intended to
be developed, file with the Assistant Town Administrator, or designee,
a final plat. Such filing shall include, as part of the formal submission,
all the material and other data required under the final plat specifications
as listed in subsection (D) herein. Failure to comply with the time
limitation herein provided shall make the approval of the preliminary
plat null and void unless an extension of time is granted in accordance
with subsection (A)(9) herein.
(2)
The final plat shall incorporate all the changes and modifications
required by the Town Council and shall conform to the approved preliminary
plat.
(3)
One reproducible sepia (or other reproducible material of equal
quality) copy of the final plat and 11 prints shall be filed by the
applicant with the Assistant Town Administrator, or designee, 14 days
prior to the meeting of the Planning Commission at which meeting plat
consideration is desired.
(4)
Before approval of a final plat, the Town Council must be assured
of the completion of all required 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 assurance shall be by means of financial
security deposited with the Town Council in sufficient amount to cover
the costs of any improvements/common amenities and be in the form
of Federal or Commonwealth chartered institution irrevocable letters
of credit (Example provided in Exhibit IV) or restrictive or escrow
accounts in such lending institutions or any other type of financial
security which the Town Council may approve.
(5)
When requested by the developer, in order to facilitate financing,
the Town Council shall furnish the developer with a signed copy of
a resolution indicating approval of the final plat contingent upon
the developer obtaining 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 Town Council, such extension shall not
be unreasonably withheld and shall be placed, in writing, at the request
of the developer.
(6)
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, such bonding company
or lending institution is authorized to conduct such business within
the Commonwealth. Such financial security shall provide for, and secure
to the public, the completion of any improvements/amenities which
may be required on or before the date fixed in the formal action of
approval or accompanying agreement for completion of improvements/amenities.
(A sample "Agreement to Establish Security" is provided in Exhibit
V.)
(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. The Town Council may annually adjust
the amount of the financial security by comparing the actual cost
of the improvements/amenities which have been completed and the estimated
cost for the completion of the remaining improvements/amenities as
of the expiration of the 90th day after either the original date scheduled
for completion or a rescheduled date for completion. Subsequent to
said adjustment, Town Council 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 provisions herein.
(8)
The amount of financial security required shall be based upon
an estimate of the cost of completion of the required improvements/amenities,
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 Town
Council, upon the recommendation of the Town Engineer/Consultant,
may refuse to accept such estimate for good cause shown. If the applicant
or developer and the municipality 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 Town Council 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 Town of Bloomsburg 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/amenities, 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 the financial security
or to an amount not exceeding 110% of the cost of completing the required
improvements as re-established on or about the expiration of the preceding
one-year period by using the above bidding procedure.
(10)
Where development is projected over a period of years, the Town
Council may authorize submission of final plats by sections 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.
(11)
As the work of installing the required improvements/amenities
proceeds, the party posting the financial security may request the
Town 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 the Town Council who shall have 45
days from receipt of such request in which to allow the Town Engineer/Consultant
to certify, in writing, to the Town Council that such portion of the
work upon the improvements/amenities has been completed in accordance
with the approved plat. Upon such certification, the Town Council
shall authorize release by the bonding company or lending institution
of an amount, as estimated by the Town Engineer/Consultant, fairly
representing the value of the improvements/amenities completed. If
the Town Council fails to act within the said forty-five-day period,
it shall be deemed to have approved the release of funds as requested.
The Town 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/amenities.
(12)
Where the Town Council accepts dedication of all or some of
the required improvements following completion, it may require the
posting of financial security to secure the 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 such financial security shall
not exceed 15% of the actual cost of installation of said improvements.
(13)
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 Town, 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.
(14)
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 Town 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 on the final plat upon actual completion
of the improvements depicted on the approved final plat. If 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 on the approved plat either on 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.
(15)
When the developer has completed all of the required improvements,
the developer shall notify the Town Council, in writing, by certified
or registered mail, of the completion of the aforesaid improvements
and shall send a copy thereof to the Town Engineer/Consultant.
(a)
The Town Council shall, within 10 days after receipt of such
notice, direct and authorize the Town Engineer/Consultant to inspect
all of the required improvements.
(b)
The Town Engineer/Consultant shall, thereupon, file a report,
in writing, with the Town 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 Town
Engineer/Consultant of the authorization for inspection by the Town
Council.
(c)
The report shall be detailed and shall indicate approval or
rejection of said improvements/amenities, either in whole or in part,
and if said improvements/amenities, or any portion thereof, shall
not be approved or shall be rejected by the Town Engineer/Consultant,
said report shall contain a statement of reasons for nonapproval or
rejection.
(d)
The Town 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 Town Council with relation thereto.
(e)
If the Town Council or the Town Engineer/Consultant 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
of all liability pursuant to its performance guaranty bond or other
security agreement.
(f)
If any portion of the said improvements shall not be approved
or shall be rejected by the Town Council, the developer shall proceed
to complete the same and upon completion, the same procedure of notification
as listed above shall be followed.
(16)
The Town Council may prescribe that the applicant or developer
shall reimburse the Town of Bloomsburg for the reasonable and necessary
expense incurred for the inspection of improvements. Such reimbursement
shall be based upon a schedule established by resolution. Such expense
shall be reasonable and in accordance with the ordinary and customary
fees charged by the engineer 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
Town when fees are not reimbursed or otherwise imposed on applicants.
(a)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Town Council
that such expenses are disputed as unreasonable or unnecessary, in
which case the Town shall not delay or disapprove a subdivision or
land development application due to the applicant's request over disputed
engineer expenses.
(b)
If, within 20 days from the date of billing, the Town Council
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and Town Council shall
jointly, by mutual agreement, appoint another professional engineer,
licensed as such in the Commonwealth of Pennsylvania, to review the
said expenses and make a determination as to the amount thereof which
is reasonable and necessary.
(c)
The professional engineer so appointed shall hear such evidence
and review such documentation as the professional engineer in his
or her sole opinion deems necessary and render a decision within 50
days of the billing date. The applicant shall be required to pay the
entire amount determined in the decision immediately.
(d)
In the event that the Town Council and applicant cannot agree
upon the professional engineer to be appointed within the 20 days
of the billing date, then, upon application of either party, the President
Judge of the Court of Common Pleas of the 26th Judicial District (or
if at the time there be no President Judge, then the senior active
judge then sitting) shall appoint such engineer, who, in that case,
shall be neither the Town Engineer/Consultant nor any professional
engineer who has been retained by, or performed services for, the
Town or the applicant within the preceding five years.
(e)
The fee of the appointed professional engineer for determining
the reasonable and necessary expenses shall be paid by the applicant
if the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Town shall pay
the fee of the professional engineer, but otherwise the Town and the
applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
(17)
Before acting on any subdivision plat, the Town Council may
hold a public hearing thereon after public notice.
(18)
The Town Council, upon the recommendation of the Commission,
shall act on any such preliminary plat not later than 90 days following
the date of the regular meeting of the Town Council or the Planning
Commission (whichever first reviews the application) 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. In the
event that any alteration of requirements from this Chapter is requested
by the applicant or is deemed necessary by the Council/Commission
for approval, the alteration and the reason for its necessity shall
be entered in the records of the Council/Commission.
(19)
The Town Council shall determine whether the final plat shall
be approved, or disapproved, and shall notify the applicant in writing
thereof, including, if approved with conditions or disapproved, a
statement of reasons for such action not later than 15 days following
the decision.
(20)
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 this Chapter.
(21)
Failure of the Town 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. (A sample "Agreement to Extend the Time for Rendering and
Communicating a Decision on Certain Preliminary and/or Final Subdivision
Plans" is provided in Exhibit III.)
(22)
No changes, erasures, modifications or revisions shall be made
on any final plat of a subdivision or land development after approval
has been given by the Town Council and endorsed, in writing, on the
plat, unless the plat is first resubmitted to the Town Council.
(23)
Upon the approval of a final plat the applicant or developer
shall, within 90 days of such final approval, record such plat in
the Office of the Recorder of Deeds of Columbia County. One recorded
copy of the plat shall be transmitted to the Town by the applicant
or developer.
(24)
In accordance with § 508(4) of the Pennsylvania Municipalities
Planning Code, Act 247, as amended, when an application for approval
of a plat, whether preliminary or final, has been approved or approved
subject to conditions acceptable to the applicant, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied to adversely affect the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval.
D.
Final Plat; Specifications.
(1)
The following shall be submitted as part of the application
for review and approval of a final plat:
(a)
Eleven copies and one sepia of the final plat in the form of
a map or series of maps on sheets no larger than 24 inches by 36 inches,
drawn to a scale not smaller than 100 feet to the inch and clearly
labeled "Final Plat." When more than one sheet is required an index
sheet of the entire subdivision or land development shall be shown
on a sheet of the same size. The final plat shall be drawn in ink
and shall show the following:
1)
Primary control points or description and "ties" to such control
points to which all dimensions, angles, bearings and similar data
on the subdivision or land development plat shall be referred.
2)
Tract boundary lines, right-of-way lines of streets, easements
and other rights-of-way and property lines of residential lots or
parcels in unit, cooperative or condominium subdivisions and other
sites with accurate dimensions, bearings or deflection angles and
radii, arcs and central angles of all curves.
3)
Locations and descriptions of survey monuments. All permanent
reference monuments shown and described on the plat.
4)
Name, address, telephone number and seal of the professional
engineer certifying engineering aspects and professional land surveyor
certifying accuracy of plat survey (as defined herein.) (Example provided
in Exhibit I.)
5)
Certification of title showing that the applicant is the owner
of the land, agent of the landowner or tenant with permission of the
landowner. (Example provided in Exhibit I.)
6)
Statement by the owner dedicating streets, rights-of-way and
any sites for public uses which are to be dedicated. (Example provided
in Exhibit I.)
7)
Proposed protective covenants running with the land, if any.
8)
Name, address and telephone number of the owner/applicant.
9)
Streetlighting facilities, as applicable.
10)
A location map on the plat (minimum scale one inch equals 1,000
feet) showing property location, streets and other pertinent information.
11)
Number to identify each lot or parcel in unit, cooperative or
condominium subdivisions and/or site.
12)
Purpose for which sites other than residential lots or parcels
in unit, cooperative or condominium subdivisions are dedicated or
reserved.
13)
Building setback lines on all lots or parcels in unit, cooperative
or condominium subdivisions and/or sites.
14)
Existing and proposed contours at vertical intervals as determined
at the preliminary plat stage.
15)
Names of record owners of adjoining unplatted land.
16)
Reference to recorded subdivision plats of adjoining platted
land by record name, date and number.
17)
A final stormwater management/erosion and sedimentation control plan pursuant to the rules and regulations of the Pennsylvania Department of Environmental Protection (Title 25, Part 1, Sub-Part C, Article II, Chapter 102 of the Pennsylvania Code) and evidence that any required erosion and sedimentation control permit has been issued. If an erosion and sedimentation control permit is not required, the applicant shall provide evidence that the stormwater management/erosion and sedimentation control plan has been reviewed and approved by the Columbia County Conservation district office. However, if the District Office does not desire to review the plan, the Town Council may, at its discretion, have the plan reviewed by the Town Engineer/Consultant and/or consultant. The review cost shall be paid by the applicant.
18)
Prior to final approval of plat, where the proposed subdivision
or land development abuts a State highway (Pennsylvania route or United
States route), the applicant shall provide written evidence that the
plat will be submitted to the Pennsylvania Department of Transportation
for their review and concurrence with the proposed design for driveway
access and drainage required for issuance of the Department's highway
occupancy permits. Written evidence will be a note on the plat which
should read, "No plat which will require access to a highway under
the jurisdiction of the Department of Transportation shall be finally
approved unless the plat contains a notice that a highway occupancy
permit is required pursuant to § 420 of the Act of June
1, 1945 (P.L. 1242, No. 428), known as the State Highway Law, before
driveway access to a State highway is permitted."
19)
Approval blocks to be signed by the appropriate officers of
the Planning Commission, Town Council and Town Engineer/Consultant.
(Example provided in Exhibit II.)
20)
Other Data. The final plat shall be accompanied by the following
data and plans as prescribed by the Town Council or as required by
the laws of the Commonwealth:
a)
Profiles of streets and alleys showing grades.
b)
Typical cross sections of each type of street, minor
streets, collector, etc., showing the width of right-of-way, width
of cartway, location and width of curbs and sidewalks, if required,
and location and size of utility mains.
c)
Plans and profiles of proposed sanitary and stormwater
sewers, with grades and pipe size indicated and a plan of any proposed
water distribution system showing pipe sizes and location of valves
and fire hydrants.
d)
Certificates of agreement to provide service from
applicable utility companies.
e)
In the case of subdivision and land development
plans proposed for the sale of lots only, the subdivider shall include
on the final plat a covenant with the land assuring the implementation
of the erosion and sedimentation control plan by the lot owners.
f)
A copy of the sewage plan revision module for land
development" approved by the Pennsylvania Department of Environmental
Protection in compliance with the requirements of the Pennsylvania
Sewage Facilities Act and Chapter 71 of Title 25 of the Pennsylvania
Code, as amended.
g)
When any portion of the tract proposed for subdivision
or land development is located within an identified flood district
or floodplain area, the following information shall be required as
part of the final plat and shall be prepared by a registered engineer
or surveyor:
i.
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 and identify accurately the boundaries of
the floodplain areas and all be verified by the Town Engineer/Consultant.
ii.
Submission of the final plat shall also be accompanied by all
required permits and related documentation from the Pennsylvania Department
of Environmental Protection 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 Pennsylvania Department of
Community and Economic Development and the Federal Insurance Administration
shall also be notified whenever any such activity is proposed.
h)
A final stormwater management plan, approved by
the Town Engineer/Consultant.
i)
When applicable, a statement should be included
on plat regarding the presence of wetlands. The statement should note
that no development is proposed within wetlands or that the necessary
approvals for the disturbance of wetlands have been obtained from
the appropriate Federal and State regulating agencies. Disturbance
of wetlands shall include, but not be limited to, filling, draining
or building activities.
j)
Where a private road or street is proposed or in
existence as the proposed access for any lot or lots in the plan,
the plan shall be accompanied by a maintenance agreement for said
road or street, obligating all affected property owners.
k)
Where surface stormwater drainage is to be carried
offsite or outside the right-of-way of any existing or proposed street,
the plan shall be accompanied by necessary drainage easement agreements.
l)
Such other certificates, affidavits, endorsements
or dedications as may be required by the Town Council in the enforcement
of these regulations.
