The City of Altoona has a number of streets shown on paper which have never been constructed, which are left over from old subdivisions. A number of these streets have buildable lots along them which, because the street is not built, are inaccessible. It is the purpose of this article to provide an administrative review of these situations to allow access to these lots on an improved way in an orderly manner. Because of the extreme variation in the nature of these lots, the Planning Administrator is empowered to be creative in finding solutions which allow the property owner to build on his or her land.
The Planning Administrator may define the construction standards for incomplete streets in previously approved subdivisions if all of the following criteria are met:
A. 
Every structure to be constructed has legal and physically adequate access to:
(1) 
A public street;
(2) 
An unbuilt street, for which surety is posted, that is shown on a subdivision plan approved by the City of Altoona within the five-year period immediately preceding the date of application; or
(3) 
A private street in existence before July 24, 2003, which, in the opinion of the Planning Administrator, is of suitable grade and construction to provide adequate access and municipal services to every lot therein and to which the property owner has sufficient rights of access.
B. 
The lot(s) on which the structure(s) is to be constructed has already existed in separate ownership continuously since July 24, 2003, and is physically and legally sufficient for such construction.
C. 
Water and sewer utilities can be extended or are in place to service all structures to be constructed.
D. 
The applicant has the resources necessary to construct adequate access and utilities to service the lot in question.
Any person who believes that his or her plan meets the above criteria shall submit the following by hand delivery or registered mail to the City of Altoona:
A. 
An original plan to be recorded.
B. 
Seven contact prints of the original plan.
C. 
Two original executed copies of the application form.
D. 
Fees as established by resolution of the City Council from time to time.
E. 
A project narrative, which shall include the evidence necessary to show that the plan meets all the criteria in § 640-20 above.
F. 
Legal documents proving adequate rights to the land proposed to carry the accessway or street, easements for the new accessway, and any legal documents providing for a private way as may be required by this article.
G. 
At the applicant's option, a diskette containing line drawings of the plan, in either data exchange format (.dxf) or ESRI exchange format (.e00), registered to Pennsylvania State Plane (South) Coordinates, North American Datum of 1983.
The plan submitted shall be suitable for recording with the Blair County Recorder of Deeds and shall include at least the following:
A. 
The title: "Plan Showing Adequate Access to Land drawn for (name of owner)."
B. 
Date, scale, and north point.
C. 
A locus at a scale of one inch equals 1,000 feet (or scale acceptable to the Planning Administrator) sufficient to identify where in the City of Altoona the property is located and indicating the boundary lines of proposed lots.
D. 
Sheet size shall not exceed 24 inches by 36 inches but shall be at least 8 1/2 inches by 11 inches.
E. 
The name, seal, and signature of the registered professional surveyor who prepared the plan.
F. 
The inscription:
ALTOONA PLANNING ADMINISTRATOR
Approval of Adequate Access to Land
  DATE:
REVIEWED BY THE BLAIR COUNTY PLANNING COMMISSION
_________________________ Date __________________________
G. 
Boundaries of the entire tract from which the proposal is derived in a heavy line.
H. 
The name(s) of the abutting street(s) shall be identified on the plan, and the following shall appear for each lot:
(1) 
Frontage in feet.
(2) 
Total lot area in square feet.
(3) 
Lot number. All lots and parcels shall be designated by street address.
I. 
The original boundaries, if any, shall be shown in a dashed line.
J. 
Dimensions of the access, including legal lines and physical improvements.
K. 
Details of improvements, such as cross sections, appurtenances, etc.
L. 
The applicable zoning district shall be noted on the plan.
M. 
The location of all easements and improvements on all lots to be created or altered shall be shown and identified.
N. 
If the plan submitted has been relieved of certain zoning requirements by a decision of the Zoning Hearing Board, the following shall appear on the plan: "Subject to an action taken by the Altoona Zoning Hearing Board on (date)."
O. 
Lots which do not appear to conform to zoning requirements may have the following notation placed on the plan by the Planning Administrator: "This approval is not a determination as to conformance with zoning regulations."
The Planning Administrator, in issuing a certificate of approval under this article, shall determine the basic standards to which the accessway shall be constructed. In determining these standards, he or she shall use the following standards as guidelines:
A. 
The access should utilize a previously approved layout.
B. 
The accessway should be made part of the public street system. Where this is not possible, the applicant must submit legal instruments running with the land that recognize that the accessway is not part of the public street system and the landowner shall not petition for public services on the accessway and post "Private Lane" signs.
C. 
When extending a public street or installing a street which has the potential of becoming a public throughway, the extension should match the existing constructed street, if it is adequate. In this case, adequate shall be liquid fuels standards for width and surfacing and subdivision standards for all else.
D. 
When installing other types of accessways, the subdivision standards should govern wherever appropriate. In no case shall an accessway be less than a twelve-foot-wide gravel lane.
E. 
Provision of public utilities shall be considered by consulting with or deferring to the City of Altoona Public Works Department.
F. 
If the lot or accessway has a situation requiring special consideration to protect the public health, safety, and welfare, a determination addressing the situation shall be included.
G. 
An expiration date, not to be later than two years from the date of approval, after which a new certificate of approval will be necessary to proceed.
A. 
Upon receiving the application package and determining it to be complete, the Planning Administrator will distribute copies of the plan to the County Planning Commission, the City of Altoona Code Enforcement Department, the Zoning Officer, City of Altoona Public Works Department, and Altoona City Authority, and keep the other two copies for technical review.
B. 
With the exception of the Blair County Planning Commission, the agencies undertaking the technical review shall have 20 days to make written recommendations and comments on the plan. Failure of an agency to respond in writing within 20 days shall indicate that agency's approval of the plan as submitted. The comments of the Blair County Planning Commission must be received within 30 days of the forwarding date to be considered.
C. 
If the Planning Administrator determines that the plan does not qualify for approval under this article or is somehow deficient, he or she shall notify the applicant of such in writing within 35 days of the submittal date, giving specific reasons for the determination.
D. 
If the Planning Administrator, in consultation with the other reviewing agencies, determines that the plan does qualify for approval under this section, he or she shall endorse the plan and issue a certificate of approval within 35 days of the submittal date. The original plan will then be returned to the applicant, who is responsible for its recording with the Recorder of Deeds. The provisions of Article VI, Standard Subdivisions, shall then apply.
Any aggrieved applicant may appeal the decision of the Planning Administrator to the Altoona City Planning Commission. Such appeal shall be filed with the Commission within 30 days of the Planning Administrator's written decision. The Planning Commission shall have 60 days from such filing to render a decision.