[Ord. 714, 11/13/1991, § 301]
1.
Required Plans. Preliminary and final plans and required fees and
supporting data for all proposed subdivisions and land development
of land lying within Stroudsburg Borough limits shall be submitted
by the applicant for review. Submission of a sketch plan is encouraged
but shall not be considered a required plan. A preliminary plan shall
not be required for minor subdivisions and minor land developments.
2.
Submission Requirements. All plans, applications and supporting data
shall be submitted by certified mail or delivered in person to the
Borough Zoning Officer.
3.
Submission Date. The date of submission of any preliminary or final
subdivision or land development plan shall be the regular meeting
date of the Commission next following the date of receipt of complete
plans by the Borough Zoning Officer excepting that should the next
regular meeting occur more than 30 days following receipt of the plans,
the submission date shall be the 30th day following the day of receipt
by the Borough Zoning Officer.
4.
Fees. Preliminary and final subdivision and land development plans
shall be accompanied by an application fee as shall be set in a fee
schedule as adopted by resolution of the Stroudsburg Borough Council.
The applicant shall also be required to pay to the Borough the actual
costs of any reasonable and necessary charges by the Borough's professional
consultants or engineer for plan review and report thereon to the
Borough.
[Ord. 714, 11/13/1991, § 302]
1.
The developer may, at his option, submit a sketch plan to the Borough Planning Commission before submitting preliminary or final plans. It is recommended that the subdivider or developer submit 11 copies of the sketch plan including the items of information required in Part 4 to allow prompt review. The purpose of a sketch plan is to allow the applicant an opportunity to informally discuss in advance his overall objectives and the extent to which the plan conforms with this chapter and any pending changes to this chapter. The sketch plan procedure is intended to be a fast and inexpensive method for the applicant to make preliminary determinations on the feasibility of his plan in terms of this chapter. Sketch plan review and comment does not constitute formal submittal of a proposed development or subdivision nor any approval or disapproval of the proposed project.
2.
There shall be no fee charged for the Commission's review of a sketch
plan. The Commission will normally comment on the sketch plan during
the meeting at which it is presented or not later than the next regularly
scheduled meeting if questions of legal or engineering interpretation
require longer deliberation.
[Ord. 714, 11/13/1991, § 303]
1.
Preliminary Plan Submission.
A.
Applicants shall submit 11 copies of the preliminary plan and application.
The preliminary plan submission shall include all items of information
and supporting data required in Part 4. The preliminary plan submission
shall be accompanied by any required review fees.
B.
All applications shall be submitted to the Borough Zoning Officer
by certified mail or delivered in person to the Borough office at
least 10 days prior to the date of the regularly scheduled meeting
of the Borough Planning Commission.
D.
The applicant shall provide evidence of submission of the plans,
supportive data and any fees to these parties to the Borough Planning
Commission at its first meeting following submission of the plans.
2.
3.
Planning Commission Review.
A.
Preliminary subdivision and land development plans and supporting data submitted to the Borough shall be considered at the Planning Commission's next regularly scheduled meeting for completeness of submission. If the plans and supporting data, as submitted, are incomplete in that they do not meet the preliminary plan requirements specified in Part 4 of this chapter, the Planning Commission shall have authority to disapprove, and shall disapprove, the plan as incomplete and advise the Zoning Officer to return the plan to the applicant with a list of required items or supportive materials missing from the submission.
B.
Resubmission of a disapproved incomplete plan shall be considered
and treated as a new submission requiring adherence to full submission
procedures.
C.
The Planning Commission, upon determining that a preliminary plan
submission is complete shall issue a submission receipt to the applicant
specifying the submission date of the complete plan.
D.
Upon receipt of a complete preliminary plan and issuance of a submission
receipt, the Planning Commission shall review the preliminary plan
to ascertain whether it complies with the standards and criteria of
this chapter. It shall consider the comments of the above referral
agencies if received on a timely basis and may request additional
information of the applicant if necessary for review.
E.
The Planning Commission shall recommend to the Borough Council approval,
approval subject to modification, or disapproval of the plan within
45 days from the submission date. The recommendation shall be in letter
form. The Planning Commission should also submit five signed copies
of the preliminary plan and accompanying planning module for land
development to the Borough Council. The Planning Commission shall
retain a copy of the recommendation and all pertinent documentation.
4.
Borough Council Review.
A.
The Borough Council shall review the preliminary plan for compliance
with the standards and criteria of this chapter and shall consider
the recommendations of the Planning Commission and comments of any
referral agency if received on a timely basis.
B.
After such review, the Council shall determine the extent to which
the plan complies with this chapter and shall make a decision whether
to approve the plan entirely, approve the plan conditionally, or disapprove
the plan.
C.
In those instances where the Borough Council approves a preliminary
plan with specific conditions or required changes, the applicant shall
communicate his acceptance or rejection of the subject conditions
or required changes in writing to the Borough Office within seven
calendar days of receipt of the decision of the Council. Failure of
the applicant to submit written notice of acceptance of the subject
conditions or required changes within seven calendar days following
receipt of the Council's written decision shall result in the automatic
rescinding of the Council's approval of the preliminary plan.
D.
In those instances where a preliminary plan is approved with conditions
or required changes or disapproved the Council shall, in communicating
its decision to the applicant, specify the defects found in the application
and describe the requirements which have not been met and shall, in
each case, cite to the provisions of this chapter relied upon.
E.
The Council shall make its review, render its decision and communicate
it to the applicant not later than 90 days following the submission
date. The decision of the 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. If the
decision is communicated by mail, the decision shall be deemed to
be communicated when postmarked.
F.
Failure of the 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 communication shall have like effect.
G.
The Council shall concurrently make its decision with respect to
the planning module for land development to revise or supplement its
official plan and, if approval is granted, said revision or supplement
will promptly be forwarded to DER. Preliminary approval shall be conditional
upon DER acceptance of the proposed revision or supplement.
H.
No preliminary plan (or portions of such plan) shall remain valid
for development of final plans after a period of five years from preliminary
approval and no final plans will be accepted for any subdivision or
land development for which DER has not approved the necessary revision
to the Official Wastewater Disposal Plan.
[Ord. 714, 11/13/1991, § 304]
1.
Final Plan Submission.
A.
Applicants shall submit 11 copies of the final plan and application for major subdivisions and land developments or 11 copies of the final plan and application for minor subdivisions and land developments. The final plan submission shall include all items of information and supportive data and documents required in Part 4 of this chapter and shall be accompanied by any required review fees. The applicant shall provide two reproducible prints of the approval final plan on stable base mylar for signatures by the Borough for recording purposes.
B.
All applications and plans shall be submitted to the Borough Zoning
Officer by certified mail or delivered in person to the Zoning Officer
at least 10 days prior to the date of the Planning Commission's regularly
scheduled meeting.
2.
Submission by Stages. If requested by the applicant, the Borough
Planning Commission, at their discretion, may permit the undertaking
of the required improvements and of the preparation of final plans
to be completed in a series of sections or stages, each covering a
portion of the proposed subdivision as shown on the preliminary plan.
If the final plan is submitted in sections or stages; each section
or stage shall relate logically to provide continuity of access, extension
of utilities and availability of amenities. The Council shall approve
both the boundaries and configuration of stages or sections of a development.
3.
Referrals. Upon receipt of any final plan and supportive data, referrals
thereof shall be made by the applicant and Planning Commission in
a manner similar to referrals of preliminary plans.
4.
Review by Planning Commission.
A.
The Planning Commission shall review the final plan application to
determine that it conforms in all important respects with the approved
preliminary plan and incorporates modifications and revisions specified
by the Council in its approval of the preliminary plan. Otherwise,
the plan shall be considered as a revised preliminary plan.
B.
The final plan and supporting data shall comply with the provisions of Part 4 of this chapter. The plan shall comply with any zoning ordinances or other applicable regulations adopted by the Borough.
C.
The Commission shall review the recommendations of plan referral
agencies. The Planning Commission shall review final plans of subdivisions
and land developments and make its recommendations in writing to the
Borough Council within 45 days of the submission date.
5.
Review and Action by the Borough Council.
A.
The Borough Council shall review and make final decision on all final
plans for land areas located within Stroudsburg Borough. The Council
shall consider the recommendations of the Commission and other referral
agencies in making its decision to approve or disapprove final plans.
The Council shall complete its review and communicate its decision
to the applicant within 15 days of making its decision and within
90 days following final plan submission date.
B.
Failure of the Council to render a decision within the time set forth
above and in the manner specified shall be deemed an approval of the
final plan as presented unless the applicant has agreed in writing
to an extension of time or change of the prescribed manner of notification.
The Council shall not sign any final plan until all required improvements
have been installed or until the applicant has entered into a development
agreement with the Borough Council specifying the time and manner
in which required improvements will be completed and deposit with
the Borough Council a suitable financial security in an amount sufficient
to cover the costs of the required improvements.
[Ord. 714, 11/13/1991, § 305]
1.
Improvements to be Provided by Applicant.
A.
In all cases the subdivider or land developer shall be responsible
for the installation of all required and developer-promised improvements
in the manner specified below.
B.
All required permits shall be secured and copies shall be provided
to the Borough Council prior to signature of the final plans an prior
to initiation of installation of any improvements or any site alterations.
C.
The Borough Engineer or the Borough's designee shall make such inspections
of the required improvements, and at such intervals, as may be reasonably
necessary to assure compliance with the provisions of this chapter.
The reasonable cost of such inspections shall be borne by the subdivider
or land developer. The required improvements and the design standards
for constructing them are set forth in this chapter.
2.
Method of Providing Improvements.
A.
No final subdivision plan or land development plan will be approved for signature by the Borough Council unless the streets shown on the plan have been improved to a mud-free and permanently passable condition. As used herein, the phrase "mud-free" and "permanently passable condition" shall refer to the street design standards of § 22-502, Subsection 8, Table 1, and the street construction standards of § 22-603 referred to therein; provided, however, that phrase shall not refer to the obligation under § 22-603 to install surface course road paving.
B.
Nor shall any final plan (land development, major or minor subdivision)
be approved for signature unless all other required improvements (including
the surface course road paving) and promised improvements have been
installed to the satisfaction of the Borough Council; provided, however,
in lieu of completion of the improvements mentioned in the preceding
clause of this sentence, the Borough Council will accept federal or
commonwealth chartered lending institution irrevocable letters of
credit and restricted or escrow accounts in such financial institutions
or other financial security acceptable to the Borough Council (hereafter
referred to as performance guarantee) accompanied by a signed development
agreement in a satisfactory form.
C.
Where submission of a final plan by sections or stages has been approved,
Borough Council may require construction of, or guarantee of, improvements
in future sections or stages before granting final approval to the
plan under consideration, if such future improvements are essential
for the protection of the stage or section under consideration.
3.
Performance Guarantee.
A.
It 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 Council's formal action of approval or in the executed developers
agreement for completion of the improvements.
B.
The amount of financial security to be posted 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.
C.
The obligation shall be in favor of, and enforceable by, the Borough
Council of Stroudsburg Borough and the ultimate grantees, lessees
or licensees of the developer.
D.
Security of Credit.
(1)
The guarantee shall be secured by the credit of any of the following:
a qualified corporate surety; the unconditional letter of credit of
a lending institution; a restrictive or escrow account in a lending
institution; or other escrow account in a lending institution; or
other financial security acceptable to the Borough Council.
(2)
The precise form of the security acceptable as a performance
guarantee will depend upon what improvements have not been completed
when the final plan is submitted; their anticipated cost; whether
they are required or promised improvements; and the Council's evaluation
of the financial risk of nonperformance.
E.
Amount of Financial Security.
(1)
The amount of financial security required shall be based upon
an estimate of the cost of completion of the required improvements,
submitted by an applicant or developer and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Borough,
upon the recommendation of the Borough Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Borough are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in the commonwealth and chosen mutually by the Borough
Council and the applicant or developer. The estimate certified by
the third shall be final estimate. In the event that a third engineer
is so chosen, fees for the services of said engineer shall be paid
equally by the Borough and the applicant or developer.
(2)
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 re-established on or about the expiration of the preceding one-year
period by using the above bidding procedure.
4.
Development Agreement.
A.
All applicants proposing any subdivision or land development requiring
the installation of improvements upon the plot map, shall be required
to enter into a legally binding development agreement with the Borough
of Stroudsburg guaranteeing the installation of the improvements in
accordance with all Borough requirements prior to final plan approval
for signature.
B.
The development agreement (a form of which is attached as Appendix
A) shall be in a form suitable for execution by the Borough Council
and it shall consist of the following, where applicable:
(1)
The construction depicted upon the plan in itemized format.
(2)
Construction of streets with related curbs, street signs, drainage
facilities and related improvements.
(3)
Installation of utility lines.
(4)
Dedication of streets, transfer of water and sewer lines and
easements. In the event public water or sewer lines are offered for
transfer to the Borough or a Borough authority, there shall be no
charge, cost or payment of any nature imposed upon the Borough or
Borough authority. In the event streets are offered for dedication
to the Borough, the developer shall bear all reasonable cost of the
Borough's inspection before acceptance of the offer of dedication
and all costs of document preparation and recording.
(5)
Prevention of erosion, sedimentation and water damage to the
subject and adjacent properties.
(6)
Developer's responsibilities for damage to other property.
(7)
A work schedule setting forth the beginning and ending and such
other details as the Borough deems fit and appropriate for the improvements
covered by the development agreement.
(8)
The estimated cost of the improvements not yet completed, including
a detailed breakdown in a form acceptable to the Borough Council,
and the amount of the performance guarantee.
(9)
Security, in the form of a maintenance bond or escrow deposit,
for the repair or reconstruction of improvements which are found by
the Borough Engineer to be defective within one year from the date
on which the engineer certified them to have been completed, shall
be included together with provisions for disbursement thereof.
(10)
The developer shall provide the Borough with a set of reproducible
"as built" plans prepared by and certified by a professional engineer
of all storm and sanitary sewers and water distribution facilities.
(11)
Provisions for remedy of any violation of the development agreement.
(12)
That developer shall secure or maintain public liability insurance
for the duration of improvements construction. A copy or other evidence
of coverage shall be submitted to the Borough.
(13)
A save harmless clause to protect the Borough from liability.
(14)
Following construction, the developer shall provide the Borough
with a certified statement prepared by a professional engineer to
the effect that the sanitary sewers, sewage treatment facilities,
and water supply and distribution facilities comply with the approved
plans and have been constructed in accordance with all applicable
rules and regulations.
(15)
The developer shall be responsible for all reasonable engineering
and legal costs and expenses for inspections, consultations, and preparation
of agreements, to the extent that such costs and expenses exceed the
moneys paid by the developer in accordance with the Stroudsburg Borough
fee schedule.
5.
Method of Approving Required Improvements.
A.
The developer shall notify the Borough Council, with a copy thereof
to the Borough Engineer, by certified or registered mail, that the
required improvements have been made. Within 10 days of receiving
this notice, the Borough Council shall direct the Engineer to inspect
all of the aforesaid improvements. The Engineer shall make his inspection
and file a report to the Borough Council, the Planning Commission
and the developer within 30 days of the date which the developer's
notification was received by the Borough Council. If the Engineer
finds any or all improvements to be not as required, he shall include
a statement of reasons for their rejection in his report to the Council
and to the developer.
B.
Where appropriate, the Borough may require that periodic inspection
be made of the aforesaid improvements, in which case the developer's
failure to comply with the schedule of inspections shall be grounds
for disapproval. The developer shall notify the Borough of the progress
of construction to enable the Borough Engineer to make such inspections.
C.
The Borough Council shall consider the Engineer's report and recommendations
of the Planning Commission and render a decision to the developer
by certified or registered mail within 15 days of receipt of the engineer's
report.
6.
Maintenance Bond.
A.
A maintenance bond or other suitable security shall accompany final
plan being submitted to the Commission. Said maintenance bond shall
be in the form approved by the Borough, to guarantee maintenance and
repair of the streets and other improvements in the subdivision for
one year after completion of construction and acceptance thereof by
the Borough. The amount of said maintenance bond or security shall
be determined by the Borough but will generally not exceed 10% of
the estimated costs of all required improvements. After the expiration
of one year from the date of formal acceptance of said improvements,
the Borough shall release said maintenance bond or security to the
subdivider or developer or party posting said maintenance bond or
security.
B.
Where the Borough Council accepts dedication of any improvement following
completion, the Borough Council shall require posting of a maintenance
bond or other suitable security to secure structural integrity of
the dedicated improvements in the amount of 15% of the actual cost
of installation for a period of 18 months from date of dedication.
[Ord. 714, 11/13/1991, § 306]
Following review and approval of the final plan submission and
completion of required improvements or deposit of satisfactory guarantee
and arrangement of development agreement for completion of required
improvements, the final plan reproducible drawings submitted shall
be approved for recording by the signatures of all members of the
Borough Council.
[Ord. 714, 11/13/1991, § 307]
Upon the signing of an approved final plan, the applicant shall,
within 90 days of such approval, unless an extension has been granted
in writing by the Borough Council, record such plan in the Office
of the Recorder of Deeds of the County. Any approved subdivision plans
not filed in accordance with the provisions stated herein become null
and void.
[Ord. 714, 11/13/1991, § 308]
1.
Revisions and Resubdivisions. A revision or resubdivision of a recorded
plan of an approved final plan shall be considered as a new subdivision
and shall come under the jurisdiction of this chapter. (A submission
to correct erroneous data or omissions on recorded plans shall not
be construed to be a revision or resubdivision.)
2.
Borough Records.
A.
The Planning Commission shall make a record of its findings, decisions
and recommendations relative to all subdivision plans recommended
for action by the Borough Council. Such records shall be open to the
public for review.
B.
The Secretary of the Borough Council shall also keep a record of
the findings, decisions and recommendations relative to all subdivision
plans filed for action by the Borough Council.
