A.
Within 12 months after approval of the preliminary plan, a final
subdivision or land development plat and all required supplemental
data shall be submitted to the designated City official. An extension
of time may be granted by the City Planning Commission upon written
request, otherwise the plat submitted shall be considered as a new
preliminary plat.
B.
The final plat shall conform in all significant respects to the preliminary
plat as previously reviewed by the City Planning Commission, but shall
incorporate all modifications required by the City Planning Commission
in its review of the preliminary plat. The City Planning Commission
may, however, accept a final plat modified so as to reflect any substantial
changes which have occurred on the site of the proposed subdivision
or land development, or in its surroundings, since the time of the
preliminary plat review.
C.
Copies of the final subdivision or land development plat shall be
submitted to the County Planning Commission and any appropriate County
and state agencies.
D.
The final plat may be submitted in sections or stages, each covering a reasonable portion of the entire subdivision or land development as shown on the reviewed preliminary plat, in accordance with regulations as set forth in § 352-20 of this article. In the case of a final subdivision or land development plat which is to be submitted in sections or stages over a period of years, the between submission of applications for final approval of each stage or section shall be no greater than 24 months.
E.
If the final plan submission complies with § 352-20 of this article, the designated City official shall acknowledge such compliance by immediate issuance, to the developer, of a final plat receipt.
F.
Official submission of a final plat to the designated City official
shall comprise submitting the following information no less than 10
days prior to a regularly scheduled Planning Commission meeting.
(1)
Submission of at least 12 copies of a completed final subdivision
or land development plat application and the appropriate submission
fee.
(2)
Submission of at least 12 copies of all required supplemental information.
(3)
Submission of 12 copies of all offers of dedication and covenants
governing the reservation and maintenance of undedicated open space,
which shall bear the certificate of approval of the City Solicitor
as to their legal sufficiency.
(4)
The designated City official shall, within five days of receipt of
a completed final plat and application, refer one copy of a complete
final subdivision or land development plat application, one print
of the final plat and one copy of all required supplemental information
to the City Council. The designated City official shall refer seven
copies of a complete final subdivision or land development plat application,
seven prints of the final plat and seven copies of all supplemental
information, offers of dedication and covenants governing undedicated
open space to the City Planning Commission.
A.
Official submission of a final plat by the City Planning Commission
to the County Planning Commission shall comprise the following:
B.
Additional prints of the final plat shall be submitted to the respective
agencies in each of the following circumstances:
(1)
Whenever the property being subdivided or developed abuts a state
legislative route, one print of the final plat shall be submitted
to the Pennsylvania Department of Transportation.
(2)
Whenever a proposed subdivision or land development is located in
more than one municipality or located adjacent to another municipality,
one print of the final plan shall be submitted for each municipality.
A.
Review of the final plat by the County Planning Commission shall
proceed as follows:
(1)
Within 30 days of the date of official submission, the County Planning
Commission shall review the final plat to determine its conformance
with county plans and priorities and shall recommend such written
changes and modifications as it may deem necessary or advisable in
the public interest to the designated City official, City Planning
Commission and the applicant or his designated agent.
B.
Review of the final plat by the City Planning Commission shall proceed
as follows:
(1)
When a final plat has been officially submitted to the designated
City official, such plat shall be placed on the agenda of the Planning
Commission for review at its next regular monthly meeting; provided,
that such official submission has occurred no less than 10 calendar
days prior to such regular meeting. The Planning Commission shall
hold a public hearing at this time if the final plat departs substantially
from the preliminary plat.
(2)
The City Planning Commission shall review the final plat to determine
its conformance with the standards contained in this chapter and with
such changes and modifications which the Planning Commission required
in connection with approval of the preliminary plat. During review
of the final plat, the Planning Commission shall also consider the
written report of the City Engineer and, if required, of the County
Planning Commission.
(3)
When a final plat has been reviewed by the County Planning Commission,
no recommendations shall be made by the City Planning Commission with
respect to a final plat until the City Planning Commission has received
and considered the written report of the County Planning Commission,
unless the County Planning Commission fails to report thereon within
30 days after receipt of a final plat. In all cases, however, the
City Planning Commission shall render its decision and communicate
it to the applicant not later than 90 days following the date of the
regular meeting of the City Planning Commission next following the
date the application is filed; provided, that should the 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.
(4)
During review of the final plat, the Planning Commission shall also
consider the report of the City staff including, but not limited to,
the City Engineer, when making its decision.
(5)
The decision of the City Planning Commission 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.
(6)
When the final plat is not approved as filed, the decision shall
specify the defects found in the final plat 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.
(7)
Approval.
(a)
Upon a determination by the Planning Commission and the City
Engineer that the final application and plat are in accordance with
the provisions of this chapter and with the approved preliminary plat,
the following official stamp shall be placed upon the final plat,
signed by the Chairman of the Commission and attested by its Secretary.
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"Approved by the Lock Haven City Planning Commission, this ______
day of _____________, 20_____."
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Signed
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Chairman
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Signed
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Secretary
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(b)
This approval shall not be deemed to constitute or effect the
City's acceptance of the dedication of any street or other proposed
public way, space or area shown on said plat.
(8)
Recording plats and deeds. Upon the approval of a final plat, the
applicant shall, within 90 days of such final approval, record such
plat in the office of the Recorder of Deeds of the County. The county
shall not accept any plat for recording, unless such plat officially
notes the approval of the City Planning Commission and review by the
County Planning Agency.
(9)
Referral to City Council. The Planning Commission shall transmit
four prints of the approved final plat, along with the certificate
of title, to the City Council for acceptance of any proposed dedication.
The City Council, upon their acceptance of such dedication, shall
return three approved prints to the Planning Commission. The Planning
Commission shall thereupon return two of these prints to the subdivider.
A.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be required by this chapter and any
walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with such chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees required by the City, this chapter shall provide for the deposit
with the City of financial security in an amount sufficient to cover
the costs of such improvements or common amenities including, but
not limited to, roads, stormwater detention and/or retention basins
and other related drainage facilities, recreational facilities, open
space improvements or buffer or screen plantings which may be required.
B.
When requested by the applicant, in order to facilitate financing,
the City Planning Commission, if designated, 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 governing body;
such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
C.
Without limitation as to other types of financial security which
the City 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.
D.
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.
E.
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.
F.
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 City 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 City 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.
G.
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 City, upon
the recommendation of the City Engineer, may refuse to accept such
estimate for good cause shown. If the applicant or developer and the
City 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 City 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 City and the applicant
or developer.
H.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
I.
In the case where development is projected over a period of years,
the City Council or the planning agency 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.
J.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the City Council
to release or authorize the release, from time to time, such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the City Council, and the City Council shall
have 45 days from receipt of such request within which to allow the
City Engineer to certify, in writing, to the City Council that such
portion of the work upon the improvements has been completed in accordance
with the approved plat. Upon such certification, the City Council
shall authorize release by the bonding company or lending institution
of an amount as estimated by the City Engineer fairly representing
the value of the improvements completed or, if the City Council fails
to act within said forty-five-day period, the City Council shall be
deemed to have approved the release of funds as requested. The City
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.
K.
Where the City Council accepts dedication of all or some of the required
improvements following completion, the City Council may require the
posting of financial security to secure structural integrity of said
improvements as well as the functioning of said improvements in accordance
with the design and specifications as depicted on the final plat for
a term not to exceed 18 months from the date of acceptance of dedication.
Said financial security shall be of the same type as otherwise required
in this section with regard to installation of such improvements and
the amount of the financial security shall not exceed 15% of the actual
cost of installation of said improvements.
L.
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 City, 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.
M.
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 City 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. Any ordinance or statute inconsistent herewith is hereby
expressly repealed.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the City Council, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the City Engineer to
inspect all of the aforesaid improvements. The City Engineer shall,
thereupon, file a report, in writing, with the City 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 City Engineer of the aforesaid authorization
from the City Council; said report shall be detailed and shall indicate
approval or rejection of said improvements, either in whole or in
part, and if said improvements, or any portion thereof, shall not
be approved or shall be rejected by the City Engineer, said report
shall contain a statement of reasons for such nonapproval or rejection.
B.
The City 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 said City Council with relation thereto.
C.
If the City Council or the City 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.
D.
If any portion of the said improvements shall not be approved or
shall be rejected by the City Council, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
E.
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 City Council or the City Engineer.
F.
The City may prescribe that the applicant shall reimburse the City
for the reasonable and necessary expense incurred for the inspection
of improvements. Such reimbursement shall be based upon a schedule
established by ordinance or resolution. Such expense shall be reasonable
and in accordance with the ordinary and customary fees charged by
the City 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 City when fees are
not reimbursed or otherwise imposed on applicants.
(1)
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 City that
such expenses are disputed as unreasonable or unnecessary, in which
case the City shall not delay or disapprove a subdivision or land
development application or any approval or permit related to development
due to the applicant's request over disputed engineer expenses.
(2)
If, within 20 days from the date of billing, the City and the applicant
cannot agree on the amount of expenses which are reasonable and necessary,
then the applicant and City of Lock Haven 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.
(3)
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.
(4)
In the event that the City and applicant cannot agree upon the professional
engineer to be appointed within 20 days of the billing date, then,
upon application of either party, the President Judge of the Court
of Common Pleas of the judicial district in which the City is located
(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 City Engineer nor any professional engineer who
has been retained by, or performed services for, the City or the applicant
within the preceding five years.
(5)
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 City shall pay
the fee of the professional engineer, but otherwise, the City and
the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
The final plat, notwithstanding any other requirements stipulated
by this chapter or other City ordinance, shall be drawn in ink on
tracing cloth, Mylar or equal at a scale of one inch equals 100 feet,
except where otherwise permitted by the Planning Commission. The final
plat shall be accompanied by the following:
A.
Date, name and location of the subdivision, name of owner and graphic
scale.
B.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land reserved or dedicated to public
use, all lot lines and other site lines; with accurate dimensions,
bearings or deflection angles and radii, arcs and central angles of
all curves.
C.
The purpose of any easement or land reserved or dedicated to public
use shall be designated and the proposed use of sites other than residential
shall be noted.
D.
Each block and lot shall be numbered in accordance with the system
of numbers which will ultimately be the numbers shown on the City
Tax Map.
E.
Minimum building setback lines on all lots and other sites.
F.
Location of all monuments.
G.
Certification by a land surveyor licensed in the State of Pennsylvania
as to accuracy of details of plat.
H.
Certification that the applicant is agent or owner of the land or
that the owner has given consent under an option agreement.
I.
When approval of a plat is required by any officer or body of such
City, county or state, approval shall be certified on the plat.
J.
Final construction plans and profiles showing proposed utility layouts
(sanitary sewers, storm drains, water, gas, electric, etc.) showing
connections to existing or proposed utility systems. Cross-sections
of streets may be required by the City Engineer.
K.
A certificate by the City Engineer certifying that the application
has complied with one of the following alternatives:
(1)
All improvements have been properly installed in accord with the
requirements of these regulations and the action of the Planning Commission
giving approval to the preliminary plat.
(2)
A bond with sufficient surety or certified check has been posted,
which is available to the City and in sufficient amount to assure
completion of all required improvements.
L.
Protective covenants in form for recording.
M.
Evidence showing that all general taxes on the subdivision have been
paid in full to date or discharged in full or that the court under
which said assessments were made has entered an order redistributing
the assessments against the land platted.
[Amended 2-24-2003 by Ord. No. 670]
A.
Before the Planning Commission approves any final plats, and is a prerequisite for approval, the applicant shall deliver to the Planning Commission a performance guarantee and assurances of escrowed amounts for inspections in accordance with § 352-19K.
B.
Upon written application signed by the obligor and surety of performance
guarantee in a form approved by the City Solicitor, the Planning Commission
may, at its discretion, extend the period for installation of guaranteed
improvements by not more than three additional years or, when the
improvements have been partially completed, may reduce proportionally
the amount of the performance guarantee by formal resolution. In the
event of the default under a performance guarantee, the proceeds of
the performance guarantee received by the City shall be used to construct
and install the improvements.
C.
The City Engineer shall notify the Planning Commission upon the completion
of procedures as set forth in this article.
D.
After completion of procedures as set forth in this article, and
after the final plat is approved by the Planning Commission, the record
plat, and as many other copies of the final plat as may be desired,
shall be endorsed by the City Planning Commission and the County Planning
Commission. No subdivision or land development plan may be recorded
unless it bears City Council, County Planning Commission and City
Planning Commission endorsements and the corporate seal of the City.
E.
The record plat shall be a clear and legible print of a type and
materials required by the Clinton County Recorder of Deeds.
F.
After endorsement by the City Council, City Planning Commission and
the County Planning Commission, the applicant shall file the record
plat with the County Recorder of Deeds within 90 days of the date
of final approval by the City Planning Commission. If the applicant
fails to record the final plat within such period, the action of the
City Planning Commission shall be null and void, unless an extension
of time is granted upon written request of the applicant. A receipt
of recording shall be provided to the City Engineer.
G.
At the time the record plat is endorsed by the City Planning Commission,
the City shall receive one reproducible print of the final plat as
approved for its permanent files.
H.
The applicant shall submit reproducible plans of as built public
improvements after construction.
