[Ord. 599, 7/10/2000, § 301]
1.
Classification of Subdivision. Whenever any subdivision of land or
land development is proposed, before any contract is made for the
sale of any part thereof, and before any permit for the erection of
a structure in such proposed subdivision or land development shall
be granted, the owner, or his authorized agent, shall apply for and
secure approval of such proposed subdivision or land development in
accordance with the following procedures for subdivision and land
development.
2.
Preapplication Consultation. Prior to filing an application for approval
of a subdivision or land development within the Borough of Wellsboro,
the owner or his authorized agent shall meet with the Borough of Wellsboro
Engineer for an official classification of his proposed subdivision
or land development. The Borough Engineer shall determine whether
the proposal shall be classified as a minor subdivision, a major subdivision
of a land. At this time, the Borough of Wellsboro Engineer shall advise
the owner or his authorized agent as to which of the procedures contained
herein must be followed.
3.
Official Filing Date.
A.
For the purpose of these regulations, the official filing date shall
be the date of the regular meeting of the Planning Commission next
following the date the application and plans are received in the Municipal
Building. Provided, that should said regular meeting occur more than
30 days following the submission of the application, the official
filing date shall be the 30th day following the day the application
has been submitted.
B.
Upon receipt of an application for subdivision or land development
approval, the Borough of Wellsboro Engineer shall affix to the application
both the date of submittal and the official filing date.
4.
Tioga County Planning Commission Review. All plans shall be submitted
to and reviewed by the Tioga County Planning Commission in accordance
with its then prevailing rules and regulations. The Borough of Wellsboro
shall forward to the subdivider a copy of any report of the County
Commission.
[Ord. 599, 7/10/2000, § 302]
1.
All filing, inspection and engineering fees shall be submitted to
the Borough of Wellsboro.
2.
Plan Filing Fee. A filing fee shall accompany the preliminary plan.
No application shall be accepted or acted upon unless payment is made
to the Borough of Wellsboro. The Borough Council of the Borough of
Wellsboro shall create, by resolution, a schedule of fees to be paid
by the subdivider or land developer to defray the cost of administering
and processing of plans. The schedule of fees may be changed from
time to time by resolution of the Borough Council of the Borough of
Wellsboro.
3.
Inspection and Engineering Fees.
A.
The applicant shall pay the appropriate fees as fixed from time to
time by resolution of the Borough Council of the Borough of Wellsboro
for the following services:
(1)
Reviewing the plan's engineering details.
(2)
Inspecting the layouts of the site for conformance to the survey
and plan.
(3)
Reviewing the results of the soils tests.
(4)
Preparing cost estimates of required improvements.
(5)
Inspecting required improvements during installation.
(6)
Final inspection on completion of installation of the required
improvements.
B.
An applicant shall, by filing a plan, be then obligated to pay the
fees herein provided. The engineering fees required to be paid by
this section shall be promptly submitted to the Borough of Wellsboro
by the applicant upon the submission of bills therefor to the applicant
from time to time by the Borough Council of the Borough of Wellsboro.
No plan shall be approved until all applicable fees have been paid
in full.
[Ord. 599, 7/10/2000, § 303]
[Ord. 599, 7/10/2000, § 304]
1.
Sketch Plan. Prospective subdividers and developers are strongly
urged to discuss possible development sites with the Planning Commission
prior to submission of a preliminary plan. A sketch plan shall be
presented to the Borough Planning Commission for review not less than
10 days prior to the regular meeting of the Planning Commission at
which it is to be considered. Submission of a sketch plan shall not
constitute a formal filing of a subdivision or land development plan
with the Borough Council of the Borough of Wellsboro. Sketch plans
should include those items listed in Part 4, "Plan Requirements."
2.
Preliminary Plan.
A.
Submission of Preliminary Plans.
(1)
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the applicable
provisions of this chapter. It is the responsibility of the subdivider
or developer to coordinate his plans with the respective private and
public service agencies.
(2)
The applications form shall be accompanied by the requisite fee as set forth in § 22-302 of this chapter and by not less than three copies of all required material and not less than nine prints of the preliminary plan of the subdivision or development as required by Borough of Wellsboro resolution, from time to time.
(3)
The Borough of Wellsboro Engineer shall forward one copy of
the preliminary plan prints and one copy of the required material
to the Tioga County Planning Commission and such other agencies as
he deems appropriate for review and comment.
(4)
The Engineer shall forward the remaining copies of the preliminary
plan prints and required materials to the Planning Commission.
(5)
When applicable, the application form shall be accompanied by
a planning module for land development, as required by the Pennsylvania
Department of Environmental Protection.
B.
Review of Preliminary Plans.
(1)
In cases where the subdivision or land development adjoins an
existing or proposed state highway or has proposed streets entering
onto state highways, the developer shall submit the plans to the Pennsylvania
Department of Transportation for review.
(2)
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and the Borough of Wellsboro Zoning Ordinance [Chapter 27].
(3)
The Planning Commission shall act on the preliminary plan within
60 days of the official filing date, but in any event shall act on
the plan in time for the Borough Council of the Borough of Wellsboro
to render their decision within 90 days from the official filing date.
In the event that any variance from this chapter is requested by the
applicant or is deemed necessary for approval, the variance and the
reasons for its necessity shall be entered into the records of the
Borough Council of the Borough of Wellsboro.
C.
Planning Commission Recommendation.
(1)
The Planning Commission shall recommend whether the preliminary
plan shall be approved, approved with modifications or disapproved,
and shall notify the Borough Council of the Borough of Wellsboro in
writing thereof including, if approved with modification or if disapproved,
a statement of reasons for such action.
(2)
In making is recommendation, the Planning Commission shall consider the recommendations of the Borough of Wellsboro Engineer, Borough of Wellsboro staff, the Borough of Wellsboro Sanitary Engineer, the Tioga County Planning Commission, interested residents and the recommendations of any agency or agencies from which a review was requested under Subsection 2A(2), above.
D.
Borough of Wellsboro Engineer Review. All plans shall be reviewed
by the Borough of Wellsboro Engineer, which approval shall precede
the transmission of such plans to the Borough Council of the Borough
of Wellsboro.
E.
Resubmission of Preliminary Plans. A revised plan submitted after
disapproval shall be considered and processed as a new plan submission.
F.
Approval of Preliminary Plans.
(1)
The Borough Council of the Borough of Wellsboro shall act on
the preliminary plan within 90 days of the filing date. Failure to
do so shall be deemed an approval. Before acting on a preliminary
plan, the Borough Council of the Borough of Wellsboro may hold a hearing
thereon after public notice.
(2)
The Borough Council of the Borough of Wellsboro shall notify
the applicant of its decision to approve, approve with conditions
or disapprove the preliminary plan in writing. Such notice shall be
given to the applicant in person or mailed to his at his last known
address not later than 15 days following the decision. If the plan
is approved with conditions or disapproved, the Borough Council of
the Borough of Wellsboro shall specify in their notice the conditions
which must be met and/or the defects found in the plan and the requirements
which have not been met, including specific reference to provisions
of any statute or ordinance which have not been fulfilled.
(3)
Approval of the preliminary plan shall constitute approval of
the subdivision or land development as to the character and intensity
of development the arrangement and approximate dimensions of streets,
lots and other planned features. The approval finds the subdivider
or developer to the general scheme of the subdivision shown, unless
a revised preliminary plan is submitted and approved, and permits
the subdivider to proceed with final detailed design of improvements,
to arrange for guarantee to cover installation of the improvements
and to prepare the final plan. Approval of the preliminary plan does
not authorize the sale of lots nor the recording of the preliminary
plan.
3.
Final Plan.
A.
Submission of Final Plans.
(1)
After the subdivider or developer has received official notification
from the Borough Council of the Borough of Wellsboro that the preliminary
plan has been approved, the must submit a final plan in accordance
with the provisions of § 508 of the Municipalities Planning
Code, 53 P.S. § 10508.
(2)
The final plan shall conform in all respects with the approved
preliminary plan. If it does not, the plan submitted shall be considered
as a revised preliminary plan and shall be forwarded by the Borough
of Wellsboro Engineer to the Planning Commission for review and recommendation
as a preliminary plan.
(3)
The subdivider or developer must submit with the final plan
a guarantee for the installation of improvements which meets the requirements
of Part 6.
(5)
Documented approval of the planning module for land development
by the Pennsylvania Department of Environmental Protection shall be
a part of the requisite material accompanying the final plan submission.
(6)
The subdivider or developer shall submit a reproducible original
of the plans, nine prints of the final subdivision or land development
plans and at least three copies of all other required information.
(7)
Upon receipt of the final plan, the Engineer shall forward the
original plans and five copies of the plans and one copy of all other
material to the Planning Commission for review and recommendation;
one copy of the plan and one copy of all other material to the Tioga
County Conservation District for review and comments; one copy of
the plan and one of all other material to the Tioga County Planning
Commission; one copy of the plan to the Wellsboro Borough Engineer;
and copies to such other agencies whose recommendations would be pertinent
to the processing of the plan.
B.
Review of Final Plans.
(1)
The Planning Commission will review the plan and requisite materials
for compliance with the approved preliminary plan and for conformance
to the requirements of this chapter.
(2)
The Planning Commission shall act on the final plan within 60
days of the official filing date. Failure to act within such period
of time shall be deemed approval of final plan.
C.
Planning Commission Recommendation.
(1)
The Planning Commission shall recommend whether the final plan
shall be approved, approved with modifications or disapproved, and
shall notify the Borough Council of the Borough of Wellsboro in writing
thereof including, if approved with modifications or disapproved,
a statement of reasons for such action.
(2)
In making its recommendation, the Planning Commission shall consider the recommendations of the Borough of Wellsboro Engineer and staff, the Borough of Wellsboro Sanitary Engineer, the Tioga County Planning Commission, the Tioga County Conservation District, PennDOT and the recommendations of any agency or agencies from which a review was requested under Subsection 3A(7), above.
D.
Borough of Wellsboro Engineer Review. All plans shall be reviewed
by the Borough of Wellsboro Engineer, which approval shall precede
the transmission of such plans to the Borough Council of the Borough
of Wellsboro.
E.
Resubmission of Final Plans. A revised plan submitted after disapproval
shall be considered and processed as a new plan submission.
F.
Approval of Final Plans.
(1)
The Borough Council of the Borough of Wellsboro will not take
official action to approve a final plan unless it is accompanied by
a guarantee for the installation of improvements which meet the requirements
of Part 6.
(2)
The Borough Council of the Borough of Wellsboro shall take action
within 90 calendar days from the official filing date of the final
plan. Failure to do so shall be deemed an approval.
(3)
The Borough Council of the Borough of Wellsboro shall notify
the applicant in writing of its decision to approve, approve with
conditions or disapprove the final plan. Such notice shall be given
to the applicant in person or mailed to him at his last known address
not later than 15 days following the decision. If the final plan is
disapproved the Borough Council of the Borough of Wellsboro shall
specify the defects found in the plan and the requirements which have
not been met. Including specific reference to the provisions of any
statute or ordinance which have not been fulfilled.
(4)
If the final plan is approved subject to conditions, the Borough
Council of the Borough of Wellsboro shall not endorse the plan until
all of the conditions have been met.
(5)
If the Borough Council of the Borough of Wellsboro approve the
final plan or grant a conditional approval, they shall set the amount
of bonding or other security necessary to guarantee the construction
of improvements and community facilities and shall state such amount
in the notice to the applicant.
G.
Recording of Final Plans.
(1)
Upon approval of the final plan, the subdivider or developer
shall prepare one transparent reproduction of the original final plan
on stable plastic base film and no less than four prints thereof which
shall be submitted to the Borough of Wellsboro not later than 30 days
after approval. These plans, upon satisfaction of all conditions attached
to the approval, will be signed by the Borough Council of the Borough
of Wellsboro. A copy of the signed final plan shall be recorded in
the office of the Tioga County Recorder of Deeds within 90 days after
approval of the final plan or the approval of the Borough Council
of the Borough of Wellsboro shall be null and void. The final plan
must be recorded before proceeding with the sale of lots or construction
of buildings.
(2)
Recording the signed final plan shall be an irrevocable offer
to dedicate all streets and other public ways to public use, and to
dedicate or reserve all park reservations and other public areas to
public use unless reserved by the subdivider as herein above provided.
The approval of the final plan shall not impose any duty upon the
Borough Council or the Borough of Wellsboro concerning maintenance
or improvements by ordinance or resolution.
(3)
The subdivider shall place a notation on the final plan if there
is no offer of dedication to the public of streets and certain designated
public areas, in which even the title to such areas shall remain with
the owner, and the Borough of Wellsboro shall assume no responsibility
for improvement or maintenance thereof, which fact shall be noted
on the final plan.
