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:
(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:
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ALTOONA PLANNING ADMINISTRATOR
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Approval of Adequate Access to Land
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DATE:
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REVIEWED BY THE BLAIR COUNTY PLANNING COMMISSION
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_________________________ Date __________________________
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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:
(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.
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.