From the effective date of this chapter, all plans for the subdivision
or development of land within the corporate limits of the municipality
shall be reviewed by the Borough Council or governing body and other
municipal, state, or county officials as deemed necessary and shall
be approved or disapproved by the governing body in accordance with
procedures specified in this chapter. When action on a plan by the
Borough Council is required, 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 Borough Council next
following the date the application is filed, provided that should
said next regular meeting occur more than 30 days following the filing
of the application, said ninety-day period shall be measured from
the 30th day following the day the application has been filed.
It is recommended that subdividers submit a sketch plan for
informal discussion between the subdivider and the municipality. Submission
of a sketch plan shall not constitute official submission of a plan
to the municipality.
A.
Plan to be filed with the municipality. Copies of the sketch plan
for all proposed subdivisions and land developments and all required
supporting data shall be submitted to the Municipal Manager (or his
representative) by the subdivider (or his or her representative authorized
in writing to submit the plan).
C.
Distribution of sketch plans. The Municipal Secretary (or his or
her representative) shall refer the sketch plans to the following:
D.
Review of sketch plan by Borough Council.
(1)
The sketch plan shall be reviewed by the Borough Council at one or
more regularly scheduled or special meetings. The Council may request
the Borough Zoning Officer or the Borough Engineer to review the sketch
plan and submit comments thereon to the Council.
(2)
Within 15 calendar days after the final meeting at which the sketch
plan is reviewed by the Borough Council, the Council Secretary will
send the comments of the Council regarding the plan to the developer.
E.
Review of sketch plan for record by Borough Council.
(1)
In the case of a sketch plan for record submitted under § 174-22B of this chapter, the sketch plan shall be reviewed by the Borough Council at one or more regularly scheduled or special meetings and either approved or disapproved by the Council.
(2)
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 Borough Council next following the date the application
is filed, provided that should said next regular meeting occur more
than 30 days following the filing of the application, said ninety-day
period shall be measured from the 30th day following the day the application
has been filed. The decision of the Borough Council shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision. 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.
(3)
In the case of a sketch plan for record submitted to the County Planning
Commission for review, no official action shall be taken by the Borough
Council until the Council has received the written report of the County
Planning Commission, provided that the report is received within 30
days from the date the plan 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 plan without consideration
of comments from the County Planning Commission.
A.
Plan to be filed with the municipality. Copies of the preliminary plan for all proposed subdivisions and land developments and all required supporting data shall be officially submitted to the Municipal Manager (or his or her representative) by the subdivider/developer (or his representative authorized in writing to submit the plan). Action by the Borough Council on the preliminary plan will be taken within the time limits indicated in § 174-14E(4) below.
B.
Official submission of the preliminary plan shall not be deemed to
have been made until receipt of all of the following by the Municipal
Manager or his representative.
(1)
Three completed copies of the Application for Review of Preliminary
Subdivision Plan/Land Development Plan.
(2)
Seven legible black-line or blue-line paper prints of the preliminary plan which shall fully comply with the requirements of § 174-25 of this chapter.
(3)
Five completed copies of the Subdivision Sewage Disposal Report whenever
soil percolation tests are required.
(4)
Four copies of all required information including the proposed Erosion
and Sediment Control Plan.
(5)
If a proposed subdivision or land development abuts or its traversed
by a state highway, the developer/subdivider shall submit a copy of
the preliminary plan to PennDOT for its review and comments. If a
developer/subdivider desires ingress/egress onto a state highway,
the developer/subdivider shall apply for a Highway Occupancy Permit
from PennDOT. Copies of the developer's/subdivider's cover letter
and permit application (if applicable) to PennDOT shall be submitted
to the Municipal Manager or his representative at the time of the
official submission of the preliminary plan. Approval of this preliminary
plan by PennDOT shall not constitute a recommendation nor approval
by Borough Council.
C.
Filing fee. The Municipal Manager (or his or her representative)
shall collect a filing fee for the preliminary plan established by
the governing body for all subdivisions or land developments. Fees
shall be charged in order to cover the costs of examining plans and
other expenses incidental to the review of subdivisions or land developments
including, but not limited to, engineering and legal fees. The subdivider
or developer shall pay the fee at the time of official submission
of a preliminary plan and/or at such other times as may be set by
the Borough.
D.
Distribution of preliminary plan. The Municipal Manager (or his or
her representative) shall refer the preliminary plan, after all required
fees have been collected, to the following:
(1)
One copy of the plan to the County Planning Commission, one copy
of all required supporting documents, the County's referral form and
required filing fee.
(2)
Two copies to the Borough Council, including one copy of the application
form and other required reports.
(3)
One copy to the Municipal Engineer.
(4)
One copy to the Municipal Zoning Officer.
A.
Review by Municipal Engineer. The Municipal Engineer shall review
the preliminary plan to determine its conformance to this chapter.
The Engineer may recommend changes, alterations or modifications,
as he may deem necessary. The report of the Engineer shall be submitted
to the Borough Council prior to the regularly scheduled or special
meeting at which the preliminary plan is to be considered by the Borough
Council.
B.
Review by the Municipal Zoning Officer. The Municipal Zoning Officer shall review the preliminary plan to determine its conformance to Chapter 205, Zoning. The Zoning Officer shall check all zoning data as required to be shown under § 174-25, to determine if information shown is in accordance with the latest amendments to Chapter 205, Zoning. The report from the Zoning Officer shall be submitted to the Borough Council prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Borough Council.
C.
Review by Pennsylvania Department of Transportation. Review and comments
by PennDOT shall be submitted to the Municipal Manager (or his or
her representative) prior to or at the regularly scheduled or special
meeting, at which time the preliminary plan is to be considered by
the Borough Council.
D.
No approval shall be given by the Borough Council with respect to
the preliminary plan until the municipality has received the report
of the County Planning Commission; provided, however, that if the
report is not received within 30 days after transmittal to the agency,
then the Borough Council may officially act without having received
and considered such report.
E.
Review by the governing body.
(1)
When a preliminary plan has been officially submitted to the governing
body, such plan shall be reviewed at a regularly scheduled meeting
or at the discretion of the governing body at a special meeting.
(2)
The governing body shall review the preliminary plan and the reports
and recommendations thereon of the County Planning Commission (if
same has been received within the prescribed time limits), the Municipal
Engineer, and by any other officials and official boards of the municipality,
to determine the preliminary plan conformance to the standards contained
in this chapter. The governing body may require or recommend such
changes and modifications as they shall deem necessary or advisable
in the public interest.
(3)
The action of the governing body either approving or disapproving the preliminary plan shall be noted with the date of such action. The findings and reasons upon which the action is based and the provisions of the statute or ordinance relied upon shall also be stated in the minutes in writing. Subject to the requirements of Subsection E(4), within 15 days after the meeting at which the preliminary plan is reviewed and an approval or rejection decision is rendered, the Manager of the municipality shall send written notice of the findings, action taken, and reasons thereof to the subdivider or his or her agent. The Borough Council may approve a preliminary plan subject to conditions acceptable to the applicant, provided that the applicant indicates his written acceptance of those conditions to the Borough Council within 10 days of the date of the written notification from the Borough Council. Approval of a plan shall be rescinded automatically upon the applicant's failure to accept such conditions within 10 days.
(4)
In any event, the governing body shall render its decision and communicate
it to the applicant no later than 90 days following the date of the
regular meeting of the Borough Council next following the date the
application is filed, provided that should said next regular meeting
occur more than 30 days following the filing of the application, said
ninety-day period shall be measured from the 30th day following the
day the application has been filed. The applicant may agree, in writing,
to an extension of time within which the governing body may render
a decision.
(5)
Approval of preliminary plan shall not constitute acceptance of a
subdivision or land development for recording. Approval is only an
expression of approval of a general plan to be used in preparing the
final subdivision or land development plan for final approval and
recording upon fulfillment of all requirements of this chapter.
A.
Within one year of governing body's approval of the preliminary plan,
a final plan shall be officially submitted to the municipality. However,
an extension of time may be granted by the governing body upon written
request. Final plans submitted after this expiration of time for which
no time extension has been granted may be considered as a new preliminary
plan.
B.
The final plan shall conform in all important respects to the preliminary
plan as previously reviewed and approved by the governing body and
shall incorporate all modifications required by the municipality in
its review of the preliminary plan.
C.
The municipality may permit submission of the final plan in sections.
Each section in any residential subdivision or land development, except
for the last section, shall contain a minimum of 25% of the total
number of dwelling units as depicted on the preliminary plan, unless
a lesser percentage is approved by Borough Council in its discretion.
D.
Plans to be filed with the municipality. Copies of the final plan and all required supporting data shall be officially submitted to the Municipal Manager (or his or her representative) by the subdivider (or his or her representative authorized in writing to submit the plan). Action by the Borough Council on the preliminary plan will be taken within the time limits indicated in § 174-14E(3) and (4) of this chapter.
E.
Official submission of final plan shall not be deemed to have been
made until receipt of all of the following by the Municipal Manager
or his or her representative:
(1)
Three completed copies of the Application for Review of Final Subdivision/Land
Development Plan.
(2)
Seven legible black-line or blue-line paper prints of the final plan which shall fully comply with § 174-26 of this chapter.
(3)
Two copies of all other required information, including the following,
if applicable:
(a)
All offers of dedication and covenants governing the reservation
and maintenance of undedicated open space, streets, storm drainage
facilities, and sanitary sewer and water facilities, which shall be
approved by the Municipal Solicitor as to their legal sufficiency.
(b)
Such private deed restrictions, including building reserve lines,
as may be imposed upon the property as a condition of sale together
with a statement of any restrictions previously imposed which may
affect the title to the land being subdivided.
(c)
Whenever a subdivider proposes to establish a street which is
not offered for dedication to public use, the governing body may require
the subdivider to submit and also to record with the plan, a copy
of an agreement made with the municipality on behalf of his or her
heirs, successors, and assigns and approved by the Municipal Solicitor
and which shall establish the conditions under which the street may
later be offered for dedication and shall stipulate, among other things,
the following:
[1]
The street shall conform to municipal specifications or that
the owners of the abutting lots shall include with the offer of dedication
sufficient money, as estimated by the Municipal Engineer, to restore
the street to conformance with the municipal specifications.
[2]
An offer to dedicate the street shall be made only for the street
as a whole.
[3]
The method of assessing repair costs be stipulated.
[4]
Agreement by the owners of 60% of the front footage thereon
shall be binding on the owners of the remaining lots.
(d)
When approval by the Pennsylvania Department of Environmental
Protection is required for the water supply or sanitary sewage system(s)
for a proposed subdivision, two copies of such certification of approval
must be submitted with the final plan to the Municipal Manager.
(e)
When required under the rules and regulations of the Department
of Environmental Protection, a copy of the approved erosion and sediment
control plan or permit must be submitted with the final plan to the
Municipal Manager.
(f)
Any proposed intersection of a new street or driveway with a
state legislative route must receive an "Occupancy Permit" from the
Pennsylvania Department of Transportation (PennDOT). Such permit must
be submitted with the final plan to the Municipal Manager.
(g)
When approval is required for water supply or sanitary sewage
disposal from a municipal authority or private water company, two
copies of such approvals must be submitted with the final plan to
the Municipal Manager.
(h)
Letters from utility companies for electric, gas, telephone,
and cable TV, indicating that they have received final plans, must
be submitted with final plans to the Municipal Secretary.
F.
Filing fee. The Municipal Manager (or his or her representative)
shall collect a filing fee for the final plan as established by the
governing body for all subdivisions or land developments. Fees shall
be charged in order to cover the costs of examining plans and other
expenses incidental to the review and approval of subdivisions or
land developments including, but not limited to, municipal engineering
and legal fees. The subdivider or developer shall pay the fee at the
time of official submission of a final plan or at such other time
as required by the Borough. Any other such fees must be paid in full
by the developer prior to final approval of the final plan.
A.
Review by the Municipal Engineer. The final plan shall be reviewed and a report submitted as required under § 174-14A for preliminary plans.
B.
Review by the Municipal Zoning Officer. The final plan shall be reviewed and a report submitted by the Municipal Zoning Officer as required under § 174-14B for preliminary plans.
C.
Review by governing body. The final plan shall be reviewed in accordance with the procedures as required under § 174-14E of this chapter for preliminary plan. In addition:
(1)
Before acting on any subdivision or land development plan, the governing
body may hold a public hearing thereon after public notice.
(2)
Prior to granting final approval to any final plan, the developer
must execute a developer's agreement, as prepared by the Municipal
Solicitor, with the governing body setting forth the rights and obligations
of the parties with regard to the subdivision or land development.
(3)
If the governing body approves the final plan, the record plan shall
be signed by the President, Vice President or Assistant Vice President
of Council and the Manager, together with the date of action.
A.
After approval by the governing body, and with such endorsement(s)
indicated on the record plan, the subdivider or developer shall record
his or her plan. No subdivision or land development plan may be legally
recorded unless it bears the governing body's approval and seal.
B.
The subdivider shall file the record plan with the County Recorder
of Deeds within 90 days of the date of final approval by the governing
body. The subdivider shall contact the Blair County Recorder of Deeds
Office to determine all applicable requirements for recording. The
Recorder's Certificate that the approval plan has been recorded with
Deed Book and page numbers indicated shall be submitted to the municipality
within 10 days of recording the record plan. If the subdivider fails
to record within such period, the action of the governing body shall
be null and void unless and extension of time has been granted in
writing by the governing body.
A.
No plan shall be finally approved unless all improvements have been
installed in accordance with this chapter.
B.
In lieu of completing the improvements, prior to final approval,
the subdivider shall guarantee the installation of all required improvements
as follows:
(1)
The developer shall deposit with the Borough a financial security
in an amount sufficient to cover the costs of such improvements or
common amenities.
(2)
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 plan contingent upon
the developer obtaining a satisfactory financial security. The final
plan 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.
(3)
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, 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. 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.
(5)
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 the Commonwealth of Pennsylvania 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 of Pennsylvania
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
the third engineer is so chosen, fees for the services of said engineer
shall be paid equally by the Borough and the applicant or developer.
(6)
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 procedure.
(7)
If required improvements are to be installed under the jurisdiction
of a public utility or municipal authority, financial security shall
be posted in accordance with the regulations of said public utility
or municipal authority.
(8)
The governing body shall not condition the issuance of permits upon
actual completion of improvements if financial security has been provided.
Occupancy permits shall not be withheld, provided the following conditions
have been met:
All performance guarantees shall be released in whole or in
part upon compliance with the following procedure:
A.
When the subdivider has completed all or a portion of those required
improvements, the subdivider or developer shall notify the governing
body in writing, by certified mail return receipt requested by registered
mail. A copy shall be sent to the Municipal Engineer. The governing
body shall, within 10 days after receipt of such notice, direct and
authorize the Municipal Engineer to inspect these improvements.
B.
The Municipal Engineer, within 30 days after receipt of the aforesaid
authorization from the governing body, shall file a written report
with the governing body and mail a copy of this report to the subdivider
by certified mail return receipt requested or by registered mail.
This report shall recommend approval or rejection, either in whole
or in part. If these improvements, or any portion thereof, shall not
be approved by the Municipal Engineer, said report shall contain a
statement of reasons for such rejection.
C.
Upon receipt of the Municipal Engineer's report, the governing body
shall review these recommendations. After review, and within 15 days
of receipt of the engineer's report, the governing body shall notify
the subdivider in writing by certified mail, return receipt requested,
or by registered mail, of its action. If a whole or partial release
is approved, the governing body shall authorize release of an amount
estimated by the Municipal Engineer that fairly represents completed
improvements.
D.
The governing body shall have 45 days from the receipt of requests
to take final action. If the governing body fails to comply with this
time limitation, all improvements will be deemed approved and shall
be released in the amount requested.
E.
If any portion of these required improvements shall not be approved
by the governing body, these shall be completed or correct. Upon completion
or correction, the above procedure shall be followed for the approval
of any release in whole or in part.
As-built plants for all improvements within the subdivision or land development listed in the Subdivision Improvements Agreement shall be submitted to the Borough within 30 days after inspection and approval of the improvements by the Borough and prior to the release of the performance guarantee and acceptance of any such improvements by the Borough. Plans shall be in accordance with the requirements of § 174-26 of this chapter, be Mylar in reproducible form, and certified by the developer to be in accordance with actual construction. The location and elevation of all sewer laterals and water services shall also be indicated. The developer is responsible for the preparation and cost of such plans.
A.
All improvements shown on the subdivision plan, recorded or otherwise,
shall be deemed to be private until such time as these have been accepted
by dedication to the governing body.
B.
Before acceptance by dedication of any improvements, the governing
body shall require the subdivider to file a maintenance guarantee
by posting financial security. This financial security shall be posted
for no longer than 18 months from the date of acceptance by dedication
and shall not exceed 15% of the actual cost of these dedicated improvements.
C.
The owner/developer will continue to be liable for all latent defects
with respect to improvements intended to be dedicated for public use;
however, the owner/developer will be liable only until the maintenance
guarantee is released. The Borough Engineer will determine when a
defect is a latent defect. Satisfactory repair or correction of latent
defects will be made at the owner/developer's expense and subject
to Borough review and approval. The owner/developer will also be responsible
for any damage to Borough facilities, utilities and/or other public
improvements because of such defects.
A.
Revision to plan of record. Any revision to a recorded plan shall
be considered a new subdivision or land development and shall comply
with all regulations of this chapter, except that:
(1)
Lot lines may be changed from those shown on a recorded plan, provided
that in making such changes:
(a)
No lot or tract of land shall be created or sold that is smaller than the minimum requirements of Chapter 205, Zoning.
(b)
Easements or rights-of-way reserved for drainage shall not be
changed.
(c)
Street locations and block sizes shall not be changed.
(d)
No lot shall be created which does not abut an existing or a
proposed street.
(2)
In every case wherein lot lines are changed as permitted by the above, the subdivider or developer shall prepare a new final plan and shall submit the final plan in accordance with § 174-15 of this chapter to the municipality for review by the governing body in accordance with § 174-16 of this chapter. The new final plan shall specifically identify the previously recorded plan superseded and contain the record reference. The subdivider or developer shall record the new plan in accordance with § 174-17 of this chapter if the final plan is approved.
B.
Sketch plan for record. In the case of a proposed residential subdivision where the intent of the subdivider, so expressed in writing, will create two and only two parcels, lots, or tracts of land of the original tract fronting on an existing improved state or municipal road or street, or the case of a proposed land development where the intent is to construct two residences fronting on an existing improved state or municipal road or street, or the conveyance, sale, or transfer of land from one parcel to an adjacent parcel is proposed for the sole purpose of increasing lot size, the Borough may allow the subdivider to prepare a sketch plan for record, showing the single subdivision or land development accompanied by the required data set forth in § 174-24 and the submission of the results of soil percolation tests as described in this chapter, if applicable. Further subdivisions or land development from a tract recorded under this subsection will require submission of plans in full accordance with the provisions of this chapter.
C.
Abbreviated subdivision. In the case of any proposed residential
subdivision containing more than two lots or a nonresidential subdivision,
where there will not be any new street or right-of-way for access
and the tract of land cannot be developed beyond the depth of one
lot (i.e., one in which all proposed lots will have frontage on an
existing public street or road), the following procedures may be followed:
(1)
The subdivider shall prepare a sketch plan of the proposed subdivision in accordance with § 174-23 of this chapter.
(2)
If lots in the proposed subdivision will utilize on-site sanitary
sewage disposal systems, the subdivider shall perform soil percolation
tests in accordance with all applicable local, state, and federal
laws, and shall indicate the location of such test holes on the sketch
plan.
(3)
The subdivider shall submit eight copies of the sketch plan and five
copies of the soil percolation test data plus four copies of any required
additional data. The distribution and review shall be the same as
for preliminary plans.
D.
Abbreviated land development for lots previously approved under this chapter. In the case of a land development consisting of a single nonresidential building on a lot or lots, which lot or lots were previously approved under this chapter, the developer may submit only a final plan to the Borough. The final plan shall contain all information required by § 174-26 of this chapter and shall be submitted and reviewed in accordance with §§ 174-15 and 174-16. The final plan shall be submitted to the County Planning Commission for review. Submissions to and reviews from the County Conservation District and the Pennsylvania Department of Transportation may be required by the Borough.
E.
Abbreviated land development for lots not previously approved under
this chapter. In the case of a land development consisting of a single
nonresidential building on a lot or lots which lot or lots were not
previously approved under this chapter, the following procedures may
be followed:
(1)
The developer shall prepare a sketch plan of the proposed land development in accordance with § 174-23 of this chapter.
(2)
The developer shall submit eight copies of the sketch plan plus four
copies of any required additional data. The distribution and review
shall be the same as for preliminary plans.
