A.
The Borough Council shall review the final plan to determine its completeness, including, but not limited to, conformance with the standards and data as set forth in Article IV and any changes or modifications required by the Borough Council as a condition of granting approval of the preliminary plan.
B.
The applicant shall submit the final plan within one year of the
date of the approval of the preliminary plan by the Borough Council,
unless an extension, in writing, has been approved by the Borough
Council. Failure to comply with the one-year time requirement shall
render the preliminary plan and any accompanying approval as null
and void, thus requiring a new submission of the preliminary plan.
The Borough Council shall consider the reports, comments and recommendations as provided in § 430-19B of this chapter. The Borough Council shall render a decision in conformance with § 430-23 of this chapter. The following constitutes the type of action the Borough Council may take:
A.
The Borough Council may disapprove the final plan, in which case
it 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 relied upon.
B.
The Borough Council may conditionally approve the final plan, in
which case it shall specify all additional information and/or changes
needed, describing the requirements and/or conditions of approval
the preliminary plan that have not been met, citing, in each case,
the provisions of this chapter which were relied upon and/or the basis
for additional information and/or changes. The additional information
or changes shall be required prior to further consideration of the
final plan. In granting conditional approval of the final plan, the
Borough Council shall include in its notification that the applicant,
within 30 days of the date of conditional approval, may notify the
Borough Council of his refusal to accept all said conditions, in writing.
In such cases, the Borough Council conditional approval shall be deemed
rescinded upon receipt of the applicant's written notification. In
the event that the applicant fails to notify the Borough Council of
his refusal to accept all said conditions within 30 days from the
date of conditional approval, all conditions shall stand granted and
deemed accepted by the applicant.
C.
The Borough Council may approve the final plan as submitted. Such
by the Borough Council shall allow the applicant to file said final
plan with the Carbon County Recorder of Deeds office.
The final plan shall include all additional information and any changes required by the Borough Council in granting approval of the preliminary plan. It shall not be necessary to resubmit all supporting data required under the preliminary plan, provided there have been no changes. In the event of any changes, the procedures and requirements outlined in § 430-23 of this chapter shall apply. The following additional information shall be included on the final plan:
A.
Drawings and/or plans shall be titled "Final Plan."
B.
An accurate field boundary survey of the entire site, which shall
be balanced and close with an error of closure not to exceed one foot
in 5,000 feet.
C.
The location and material of all permanent monuments and lot markers.
D.
Written certification by the responsible land surveyor which attests
to the accuracy of the survey and compliance with the applicable provisions
of this chapter.
E.
A three-inch by five-inch blocked space shall be provided on the
final plan for the signatures of the Chairman and Secretary of the
Borough Council, indicating the Borough Council's approval of the
final plan and date of the same. A separate three-inch by five-inch
blocked space shall also be provided on the final plan for the appropriate
signature and/or seal which indicates compliance with required review
procedure by the Carbon County Planning Commission.
F.
The latest source of title to the property as shown by deed, page
number and book of the Carbon County Recorder of Deeds office.
G.
The exact dimensions of all streets, including rights-of-way and
cartways, lot lines, areas and distances; utility and other easements;
and all land to be dedicated to public use.
H.
All lot lines shall be completely dimensioned in feet if straight
and, if curved, by designating length of arc and radius (in feet)
and central angle (in degrees, minutes and seconds). All internal
angles within the lots shall be designated to the closest second.
I.
The zoning district or districts delineated upon the plan, along
with the required building setback line and/or the proposed placement
of each building, shall be shown, and where corner lots are involved,
the setback lines on both streets shall be shown.
J.
If applicable, the number of the approved highway occupancy permits
(Borough, state or county) and date of issuance or the notation that
deed restrictions prohibit development or improvements to the site
or parcels to be created thereunder until the appropriate highway
occupancy permit is secured.
K.
A space shall be provided on the lower edge of the final plan for
acknowledgment of receipt and recording of the plan by the Carbon
County Recorder of Deeds office.
The following material and information shall be submitted with
the final plan:
A.
Certification of ownership, certification of the plan's compliance
with all applicable terms and conditions required by this chapter
and/or the Borough Council and any offer of dedication, if applicable,
signed by the owner of the property and notarized.
B.
Final application and required fee.
C.
If applicable, a copy of the highway occupancy permit as required
by Summit Hill Borough, the Pennsylvania Department of Transportation
and/or the Carbon County Road and Bridge Department, or the deed restriction
that prohibits development or improvements to the site or parcels
to be created thereunder until the appropriate highway occupancy permit
is secured.
D.
Copies of final deed restrictions, those existing and those to be
included upon recording, if any.
E.
All final covenants running with the land, governing the reservation
and maintenance of dedicated or undedicated land or open space.
F.
Written certification from the Pennsylvania Department of Environmental
Protection, approving the required planning module and any supporting
data.
G.
Written certification from the Carbon County Conservation District,
approving the soil erosion and sedimentation control plan.
H.
Final construction plans and subsequent as-built drawings of all
sanitary sewer, water distribution and storm drainage systems, showing
their exact location, size and invert elevations; the location of
all manholes, inlets and culverts and final profiles, cross sections
and specifications for proposed streets, sidewalks, sanitary sewers,
water distribution systems and storm drainage systems, with written
certification from the applicant's engineer which notes that the above
plans and/or drawings are in compliance with the applicable governing
design standards and/or have been installed in compliance with said
plans or drawings. The submission of the above-referenced as-built
drawings shall precede the release of any remaining funds placed as
a financial security by the developer.
I.
If any streets are not offered for dedication to public use, the
applicant shall submit and record with the plan a copy of the agreement
made and executed on behalf of the applicant, including his heirs
or assigns, subject to review by the Borough's Solicitor and approval
by the Borough Council, establishing the conditions under which the
streets may be later offered for dedication. Said conditions shall
include, although not be limited to, that the subject streets shall
conform to the Borough's design specifications at such time the offer
of dedication is made or that the owners of the lots within the subject
subdivision shall include with their offer of dedication sufficient
funds, as estimated by the Borough Engineer, to provide the needed
improvements required for conformance to the Borough's design specifications
at the time of such dedication.
J.
An agreement for any streets not offered for dedication, stating
who shall be responsible for the improvements and maintenance of such
streets. If a homeowners' association is deemed to be responsible,
such association must be legally organized prior to approval of the
final plan.
K.
A financial security, in accordance with § 430-48, subject to the approval by the Borough Council, for the installation of required improvements, unless all such improvements are installed and completed to design specifications prior to final plan approval.
L.
A financial security for the maintenance of improvements, in accordance with § 430-56 of this chapter.
M.
If applicable, written certification from the municipal Sanitary
Authority, granting final approval for the acceptance of the conveyance
of sewage for treatment and disposal from the proposed subdivision
and/or land development.
N.
Written certification from the appropriate public utility company
which authorizes and approves the provision of water, gas and electrical
service for the proposed subdivision and/or land development.
O.
All required permits and/or approvals from either the U.S. Army Corps
of Engineers of the Pennsylvania Department of Environmental Protection
for site-development activities which affect delineated wetlands.
P.
The cost of all consulting fees and costs incurred by the Borough
for the review of the application, plan and supporting information,
data and/or reports or studies, including, but not limited to, any
required impact analysis and site inspections to ensure compliance
with the terms of approval and required improvements.
The applicant shall record the final plan in accordance with the requirements as set forth in § 430-25 of this chapter.
