[Ord. 2005-2, 4/4/2005]
Whenever a subdivision of land or a land development is desired
to be effected, an application for such development plan shall be
prepared, filed, and processed, according to the requirements of this
chapter.
[Ord. 2005-2, 4/4/2005]
Prior to the preparation and filing of the preliminary application,
the subdivider/developer may submit to the Commission the following
plans and data in order to ascertain from the Commission those elements
which should be considered in the design of the subdivision/development.
Such elements should include any features of the municipality's
future land use plan, thoroughfare plan, community facilities plan,
or of any plans of the Borough, including but not limited to, proposed
streets, recreation areas, drainage reservations, shopping centers,
and school sites.
[Ord. 2005-2, 4/4/2005]
1.
Pre-application plans and data shall be labeled as such, and shall
include the following:
A.
General Information. Describing or outlining existing covenants,
land characteristics, community facilities and utilities, and information
describing the proposed subdivision/land development such as the number
of residential lots, typical lot width and depth, price range, business
areas, playgrounds, park areas, other public areas, proposed protective
covenants, proposed sewage disposal and other utilities, and street
improvements.
B.
Location Map. Showing the relationship of the proposed subdivision/development
to existing community facilities which serve or influence it and shall
include the name of the development, the location of any existing
facilities, traffic arteries, public or other schools, parks, playgrounds,
utilities, churches, shopping centers, airports, hospitals, principal
places of employment, title, scale, north arrow, and date.
C.
Zoning Map. Delineating the subject property.
D.
Topographic Map. Drawn to a scale of not less than one inch equals
100 feet showing:
(1)
The proposed name of the subdivision/development;
(2)
Name of the subdivider/developer;
(3)
Name of the registered owner;
(4)
North point, scale and date;
(5)
Name of engineer, surveyor, or other qualified person responsible
for the map;
(6)
Tract boundaries with bearings and distances;
(7)
Topography, with elevations based on data approved by the Commission,
and showing contours at vertical intervals of five feet, or as required
by the Municipal Engineer;
(8)
Approximate location of watercourses, tree masses, flood hazard
zones, rock out-crops, existing buildings, and actual location of
sewers, inlets, water mains, easements, fire hydrants, railroads,
existing or confirmed streets and their established grades; and
(9)
Adjacent streets.
[Ord. 2005-2, 4/4/2005]
1.
Submission. The subdivider/developer shall submit six copies of the
plan of any minor subdivision to the Borough Planning Commission.
The Borough Planning Commission shall submit two copies to the Northumberland
County Planning Commission (NCPC) for review and report together with
a fee sufficient to cover the costs of the review and report which
fee shall be paid by the applicant; provided, that the Borough shall
not approve such application until the county report is received or
until the expiration of 30 days from the date the application is forwarded
to the county. Said plan shall outline the developer's proposals
in sufficient detail to permit a determination by the Planning Commission
that the proposed land development conforms with the provisions of
the ordinance.
2.
Review and Approval.
A.
Upon a determination by the Planning Commission that the proposed
minor subdivision is in accordance with this chapter, the determination
of the Planning Commission shall be communicated, in writing, to the
developer along with recommendations for such changes as may be required.
The Planning Commission shall take action to approve or disapprove
the plan and such action shall be communicated to the developer in
writing not later than 90 days following the date of the regular meeting
of the Commission next following the date the application is filed,
provided that should the said next regular meeting occur more than
30 days following the filing of the application, the said ninety-day
period shall be measured from the 30th day following the day the application
has been filed.
B.
The decision of the 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.
When the application is not approved in terms as filed, the decision
shall 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 the statute or ordinance relied upon. Failure
of the Planning Commission 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 presentation of communication shall have like
effect. The Planning Commission's approval shall be expressed
by placing the following official stamp upon the plan:
|
Approved by the Watsontown Borough Planning Commission this
_____ day of __________, 20 ___.
| |
|---|---|
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Signed _________________________ Chairman
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Signed _________________________ Secretary
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3.
Filing. The Planning Commission shall retain one copy of the approved
plan in its files; one copy shall be provided to the Secretary of
the Borough Council; and two copies shall be returned to the developer,
who shall file one copy in the office of the Recorder of Deeds of
the County within 90 days of the approval thereof; such approval shall
be nullified unless so filed or unless an extension of time is granted
by the Planning Commission upon the written request of the developer.
Such an extension shall be granted automatically by the Planning Commission
for a period of 30 days; provided, however, that only one extension
shall be authorized.
[Ord. 2005-2, 4/4/2005]
1.
Preliminary Application Procedure.
A.
Filing. The subdivider/developer, not less than 15 days prior to
the meeting of the Commission at which consideration is desired, shall
file to the Commission 17 copies of a preliminary application for
the proposed layout of the subdivision/development. All documents
and data submitted hereunder shall be labeled "Preliminary Application."
The Borough Planning Commission may request additional copies of application
be received for review for completeness by the Borough Engineer. Copies
of plans must be provided at a suitable scale on sheets no larger
than 18 inches by 24 inches. If additional sheets are necessary, plans
must be submitted with a match line. The Borough Planning Commission
shall submit four copies to the Northumberland County Planning Commission
(NCPC) for review and report together with a fee sufficient to cover
the cost of the review and report which fee shall be paid by the applicant;
provided that the Borough shall not approve such application until
the county report is received or until the expiration of 30 days from
the date application is forwarded to the County.
B.
Review of Preliminary Application.
(1)
In cases where the subdivision or land development adjoins an
existing or proposed state highway or has proposed streets entering
on to state highways, the developer shall submit the plans to the
Pennsylvania Department of Transportation for review, and the applicant
shall secure a highway occupancy permit.
(2)
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and Chapter 27, Zoning, of the Code of Watsontown Borough.
(3)
The Planning Commission shall act on its recommendation regarding
the preliminary application in time for the Borough Council to render
its decision within 90 days from the official filing date; provided,
however, that the developer may in writing authorize an extension
of time beyond the ninety-day limit.
C.
Planning Commission Recommendation.
(1)
The Planning Commission shall recommend whether the preliminary
application shall be approved, approved with modifications, or disapproved,
and shall notify the Watsontown Borough Council in writing thereof,
including, if disapproved, a statement of reasons for such action.
(2)
In making its recommendation, the Planning Commission shall consider the recommendations of the Watsontown Borough Engineer, Watsontown Borough staff, the Northumberland County Planning Commission, interested residents, the recommendations of any agency or agencies from which a review was requested under § 22-205, Subsections 1A and 1B, of this chapter, and the recommendations of the Northumberland County Natural Resources Conservation Service and other like agencies.
D.
Resubmission of Preliminary Applications. A revised application submitted
after disapproval shall be considered, and processed as a new application
submission.
E.
Approval of Preliminary Applications.
(1)
The Watsontown Borough Council shall act on the preliminary
application within 90 days of the official filing date. Failure to
do so shall be deemed an approval, 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 presentation of communication
shall have like effect. Before acting on a preliminary application,
the Watsontown Borough Council may hold a hearing thereon after public
notice. No approval shall be granted without evidence of planning
module approval by DEP; nor shall any approval be granted until a
report is received from the Northumberland County Planning Commission
or until the expiration of 30 days from the date the application is
submitted to the Northumberland County Planning Commission.
(2)
The Watsontown Borough Council shall notify the applicant of
its decision to approve, approve with conditions, or disapprove the
preliminary application in writing. 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 application
is approved with conditions or disapproved, the Watsontown Borough
Council shall specify in their notice the conditions which must be
met and/or the defects found in the application, and the requirements
which have not been met, including specific reference to provisions
of any statute or ordinance which have not been fulfilled. Notice
by mail shall be by certified mail return receipt requested. When
an application is approved "with modifications" the developer shall
agree to such modifications in writing. Failure to return such a written
acceptance within 30 days of notification shall result in disapproval
of the application.
2.
Information To Be Provided with Preliminary Application.
A.
General Information.
(1)
Plan Specifications. The preliminary plan of the subdivision/development
shall be drawn at a scale of 50 feet to one inch, or 100 feet to one
inch. The preliminary plan shall show:
(a)
Proposed name of the subdivision;
(b)
Names and addresses of owner and subdivider and developer's
registered surveyor, engineer, landscape architect, or land planner
who prepared the plan;
(c)
Street layout, showing the names (which, when not extensions
of existing streets, shall not duplicate other names of streets in
the municipality) and widths of rights-of-way of streets;
(d)
Layout of lots, showing dimensions and numbers;
(e)
Parcels of land proposed to be dedicated or reserved for schools,
parks, playgrounds or other public, semipublic or community purposes;
(f)
Legend and notes;
(g)
Building setback or front yard lines;
(h)
Graphic scale, North point and date;
(i)
A location map showing subdivision name and location; zoning
designation; Tax Map number; major existing thoroughfares related
to the subdivision, including the distance therefrom; title, graphic
scale, North point and date;
(j)
Tract boundary lines, showing dimensions, bearings, and corners;
(k)
Existing streets and rights-of-way, on or adjoining the site,
including dedicated widths and roadway widths;
(l)
Easements: locations, widths, and purposes;
(m)
Existing and proposed utilities, including sanitary and storm
sewers, other drainage facilities; waterlines; gas mains, electric
utilities and other facilities. Size or capacity of each should be
shown and the location of or distance to each existing utility indicated;
(n)
Existing platting of adjacent land;
(o)
Areas subject to periodic flooding and other hazards to life,
health or property; e.g., quarry lands, open ditches, unstable subsurface
conditions and similar hazards;
(p)
Other features or conditions which would affect the subdivision;
(q)
A description of the protective covenants or private restrictions
to be incorporated in the deeds;
(r)
Site data including the number of residential lots, typical
lot size, the acreage of the subdivision/development and the acreage
in proposed recreation, and other public, semipublic and community
areas;
(s)
Physical features such as railroads, existing permanent buildings,
watercourses, wetlands, significant vegetative cover including tree
lines and wooded areas, and other existing features pertinent to proper
subdivision shall be shown; and
(t)
Contours at vertical intervals of two feet if the general slope
of the site is less than 10% and at vertical intervals of five feet
if the general slope is greater than 10%;
(u)
The location of the boundary of any flood hazard zone and the
floodway boundary whenever any portion of the proposed subdivision
or other land development lies in the floodplain.
1)
Base flood elevation data for any flood hazard zone in which
any portion of the proposed subdivision or other land development
is located.
2)
A copy of a special permit application of the Pennsylvania Department
of Community and Economic Development, where applicable as required
by that Department.
3)
A notice on the plot plans and in every affected deed stating
that the subdivision or other land development or portion thereof
is located within the floodplain and that any development of lots
within the affected portion must occur in conformance with all federal,
state and/or local floodplain management regulations.
B.
Engineer's Report. The preliminary application shall be accompanied
by the developer's engineering report. The engineering report,
preliminary plat, and all other plats submitted with the report shall
be signed by a professional land surveyor and/or a registered professional
engineer of the Commonwealth of Pennsylvania, and shall bear the imprint
of his seal. Either the report or the plat shall include the following
information:
(1)
Profile of each street showing existing ground lines and proposed
grades;
(2)
A typical cross section of each type of roadway to be built,
including all applicable cross-section data for the entire width of
rights-of-way;
(3)
The proposed type of surfacing for streets;
(4)
Information regarding existing drainage systems in the subdivision/development,
both surface and underground, including the location, size, type and
grade of drainage structures, storm sewers, drain tile and drainage
ditches. The engineer's opinion shall be expressed regarding
the adequacy of such drainage facilities, and the basis given for
such conclusions;
(5)
Information regarding proposed drainage systems in the subdivision,
both surface and underground, including the size, location, type and
grade of drainage structures, storm sewers, drain tile and drainage
ditches proposed to be constructed, and the drainage areas they are
designed for;
(6)
The location of all watercourses, wetlands, bodies of water
or streams with their low and high water elevations. All the elevations
shall be United States Geological Survey Datum;
(7)
Sanitary sewers, either in place or proposed;
(8)
Results of soil seepage tests which have been conducted throughout
the area to determine the ability of the soil to dispose of sewage
wastes by seepage. A sufficient number of such tests shall be made
to show all variable conditions which might exist throughout the area
under consideration; and
(9)
A description of the water supply and sewage disposal facilities
which will operate successfully in the subdivision/development. Such
facilities shall be designed in accordance with recognized sanitary
engineering standards, and must take into consideration all data in
this report which has a bearing on these facilities. In the event
individual septic tanks are to be installed, the minimum area required
per family for a seepage bed based on the soil seepage tests shall
be given;
(10)
Water Supply. If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision or development, applicants shall present
evidence to the Planning Commission that the subdivision or development
is to be supplied by a certificated public utility, a bona fide cooperative
association of lot owners, or by a municipal corporation, authority
or utility. A copy of a certificate of public convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement or a commitment or agreement
to serve the area in question, whichever is appropriate, shall be
acceptable evidence.
(11)
Where any portion of the proposed subdivision or other land
development lies in a flood hazard zone, a statement that the proposed
plan has been designed to assure that:
(a)
The subdivision or development will be developed so as to be
consistent with the need to minimize flood damage within the flood
hazard zone;
(b)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems are designed, located, and constructed to minimize
or eliminate flood damage; and
(c)
Adequate drainage will be provided to reduce exposure to flood
hazards.
3.
Additional Data.
A.
Where the owner of the site under consideration owns contiguous land
suitable for development, the above-described engineering data shall
cover all such contiguous lands. This provision, however, may be waived
in full, or in part, by the Planning Commission if it is not considered
essential to the evaluation of the plans for the current development
tract; provided, however, that the developer shall be required to
submit not less than a prospective street layout and a topographic
map at a scale of one inch equals 200 feet of the contiguous lands
regardless of any such waiver.
B.
No plat which will require access to a highway under the jurisdiction
of the Department of Transportation shall be finally approved unless
the plat contains a notice that a highway occupancy permit is required
pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No.
428), known as the "State Highway Law,"[1] before driveway access to a state highway is permitted.
[1]
Editor's Note: See 36 P.S. § 670-420.
[Ord. 2005-2, 4/4/2005]
1.
Filing.
A.
The subdivider/developer shall file with the Borough Planning Commission
and the Northumberland County Planning Commission a final application
for the section (or portion) to be developed. All documents and data
submitted hereunder shall be labeled "Final Application." Failure
to comply with the time limitations herein provided shall make the
approval of the preliminary application null and void unless an extension
of time is requested by the subdivider/developer and for good cause
granted by the Commission.
2.
Conformance With Preliminary Application. The final application will
have incorporated all changes and modifications required by the Planning
Commission; otherwise, it shall conform to the approved preliminary
application, and it may constitute only that portion of the approved
preliminary application which the developer proposes to record and
develop at the time, provided that such portion conforms with all
of the requirements of this chapter.
3.
Completion of Improvements or Guarantee Thereof Prerequisite to Final
Plat Approval.
A.
No plat or land development shall be finally approved unless the
streets shown on such plat have been improved to a mud-free or otherwise
permanently passable condition, and any walkways, curbs, gutters,
sanitary sewers, storm sewers, and other improvements as may be required
by this chapter have been installed in accordance with the requirements
of this 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, the subdivider/developer shall deposit with the
municipality a financial security acceptable to the governing body
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. Such financial security shall provide
for, and secure to the public, the completion of any improvements
which may be required within the period fixed in this chapter for
such completion. The municipality shall be identified on such security
as a party to be notified in the event that said security is canceled,
revoked or redeemed by the holder thereof.
B.
Without limitation as to other types of financial security which
the municipality 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.
C.
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.
D.
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.
E.
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 municipality 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 municipality 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.
F.
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 municipality,
upon the recommendation of the Municipal Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the municipality 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 municipality 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
municipality and the applicant or developer.
G.
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 cost-estimating procedure.
H.
In the case where development is projected over a period of years,
the governing body 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.
I.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the governing body
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 governing body, and the governing body shall
have 45 days from receipt of such request within which to allow the
Municipal Engineer to certify, in writing, to the governing body that
such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification, the
governing body shall authorize release by the bonding company or lending
institution of an amount as estimated by the Municipal Engineer fairly
representing the value of the improvements completed or, if the governing
body fails to act within said forty-five-day period, the governing
body shall be deemed to have approved the release of funds as requested.
The governing body shall, 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.
J.
Where the governing body accepts dedication of all or some of the
required improvements following completion, the governing body shall
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 of 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 be 10% of the actual
cost of installation of said improvements.
K.
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 municipality, 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 with the financial
security as otherwise required by this section.
L.
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 municipality 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.
4.
Release from Improvement Bond.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the municipal governing body,
in writing, by certified mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the Municipal Engineer.
The municipal governing body shall within 10 days after receipt of
such notice, direct and authorize the Municipal Engineer to inspect
all of the aforesaid improvements. The Municipal Engineer shall, thereupon,
file a report, in writing with the municipal governing body, and shall
promptly mail a copy of the same to the developer by certified mail.
The report shall be made and mailed within 30 days after receipt by
the Municipal Engineer of the aforesaid authorization from the governing
body; 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 by
the Municipal Engineer, said report shall contain a statement of reasons
for such nonapproval.
B.
The municipal governing body shall notify the developer, within 15
days of receipt of the engineer's report in writing by certified
mail of the action of said municipal governing body with relation
thereto.
C.
If the municipal governing body or the Municipal 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 by
the municipal governing body, 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 municipal governing body or
the Municipal Engineer.
F.
Where herein reference is made to the Municipal Engineer, he shall
be a duly registered professional engineer employed by the municipality
or engaged as a consultant thereto.
G.
The foregoing procedures for "Release from Improvement Bond" shall
also be applicable to requests for partial releases of not less than
25% each; provided, however, that if the developer requests such partial
releases, he shall be responsible for all related costs of the Municipal
Engineer.
5.
Remedies to Effect Completion of Improvements. In the event that
any improvements which may be required have not been installed as
provided in this chapter or in accord with the approved final plat,
the governing body may enforce any corporate bond, or other security
by appropriate legal and equitable remedies. If the proceeds of such
bond, or other security are insufficient to pay the cost of installing
or making repairs or corrections to all the improvements covered by
said security, the governing body may, at its option, install part
of such improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover
the moneys necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the subdivider/developer,
or both, shall be used solely for the installation of the improvements
covered by such security, and not for any other municipal purposes.
Further, the governing body shall not be obliged to expend general
revenues of the Borough to complete improvements for which the security
is or becomes inadequate. In the further event that the governing
body acts to realize the proceeds of the security and to effect the
completion of improvements, it shall do so in its governmental capacity
and shall not be deemed to be acting in the capacity of the subdivider
or developer.
6.
Approval. The Planning Commission shall make recommendations to the
Borough Council to approve or disapprove. The Planning Commission
shall communicate the Borough Council's decision in writing to
the subdivider/developer not later than 90 days following the date
of the regular meeting of the Planning Commission next following the
date the application is filed, provided that, should said next regular
meeting occur more than 30 days following the filing of the application,
the said ninety-day period shall be measured from the 30th day following
the day the application has been filed.
A.
If approved, the Planning Commission shall sign the original final
application and attach thereto a notation that it has received approval
and return it to the subdivider/developer for compliance with the
recording requirements.
B.
If disapproved, the Planning Commission shall attach to the application
a statement of reasons for such action and return it to the subdivider/developer.
C.
The decision of the Planning Commission shall be communicated to
the applicant personally or mailed to him by certified mail at his
last known address not later than 15 days following the decision.
D.
When requested by the developer, in order to facilitate financing,
the Planning Commission shall furnish the developer with a signed
copy of a resolution indicating approval of the final application
contingent upon the developer obtaining a satisfactory financial security.
The final application 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 Planning Commission;
such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
7.
Changes. No changes, erasures, modifications, or revisions shall
be made on any final application of a land development after approval
has been given by the Borough, and endorsed in writing on the application,
unless the application is resubmitted to the Planning Commission.
8.
Recording Plats and Deeds.
A.
Upon the approval of the final application, the developer shall within
90 days of such final approval record such approved plan in the office
of the Northumberland County Recorder of Deeds, and forthwith file
with the Planning Commission a Recorder's Certificate that the
approved plan has been recorded, with the deed book and page numbers
indicated and two copies of the application as recorded. The Recorder
of Deeds shall not accept any plan for recording unless such plan
officially notes the Borough Planning Commission's approval and
review by the NCPC.
B.
The recording of the plan shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plat.
9.
Effect of Plan Approval on Official Map. After a plan has been approved
and recorded as provided in this chapter, all streets and public grounds
on such plat shall be, and become a part of the Official Map of the
municipality without public hearing.
[Ord. 2005-2, 4/4/2005]
1.
The final application shall contain the following information which shall be prepared by the developer's engineer or professional land surveyor, in addition to the data enumerated under § 22-205 above:
A.
Primary control points, approved by the engineer, or description
and "ties" to such control points, to which all dimensions, angles,
bearings, and similar data on the application shall be referred.
B.
Tract boundary lines, right-of-way lines of streets, easements, and
other rights-of-way, and property lines of residential lots and other
sites with accurate dimensions, bearing, or deflection angles, and
radii, arcs, and central angles of all curves.
C.
Accurate distances and directions to the nearest established street
corners or official monuments. Reference corners shall be accurately
described on the plan.
D.
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract and the names of such streets.
E.
Location, dimensions, and purpose of easements, including any limitations
on such easements.
F.
Number to identify each lot and/or site, and street numbers of lots.
G.
Accurate dimensions and purposes for any property to be dedicated
or reserved for public, semi-public or community use.
H.
Building lines on all lots and other sites.
I.
Profiles of streets and alleys showing grades at minimum scale of
50 feet horizontal and 10 feet vertical.
J.
Cross sections for the entire width of each right-of-way of the streets
and alleys showing the width of the right-of-way, width of cartway,
location and width of sidewalks, and location and size of utility
mains.
K.
Names of record owners of adjoining unplatted land.
L.
Reference to recorded subdivision applications of adjoining platted
land by record name, date and number.
M.
Certification by licensed surveyor or licensed engineer certifying
to accuracy of survey and application.
N.
Proposed protective covenants running with the land, if any.
O.
Proposed contours at vertical intervals as required by the Commission.
P.
The application shall have lettered upon it a statement delineating
the areas proposed to be dedicated for such public uses as streets,
alleys, public schools, parks or any other public use, and there shall
be attached to the application a certificate of title certifying the
ownership of all such lands to be so dedicated by said application.
Q.
Plans and profiles of proposed sanitary and/or stormwater sewers,
with grades and pipe sizes indicated, and a plan of any proposed water
distribution system showing pipe sizes and location of valves and
fire hydrants.
R.
Supporting Documents. The following supporting documents shall also
be submitted in conjunction with the final plat:
(1)
Evidence showing that all general taxes on the subdivision have
been paid in full to date, and that all special taxes or assessments,
have been paid or discharged in full or that the court under which
side assessments were made has entered an order redistributing the
assessments against the land platted.
(2)
A copy of the sales contract shall be submitted so the Planning
Commission can ascertain that it contains no provisions in conflict
with the approved application.
(3)
A statement signed by the subdivider/developer, setting forth
the public improvements he proposes to make, together with plans,
specifications, and estimates of cost therefor.
(4)
A duly completed and executed completion bond with corporate
surety posted with the Borough by the subdivider/developer, in an
amount equal to the estimate and certified by the Borough Solicitor
as good, valid, and enforceable by the Borough securing the satisfactory
completion of the public improvements in strict accordance with the
description, plans and specifications submitted by the subdivider/developer,
and approved by the Planning Commission; or
(5)
A certification that utility companies serving the area of the
proposed subdivision have been consulted with respect to the size,
location, and use of easements for utility purposes.
(6)
An affidavit that the applicant is the owner or equitable owner
of the land proposed to be developed.
(7)
Location and method of streetlighting facilities.
(8)
Deed of dedication of streets and other public property.
(9)
Front yard setback lines, the minimum as fixed by Chapter 27, Zoning, and those specified in the deed restrictions.
(10)
Such other certificates, affidavits, endorsements or dedications
as may be required by the Commission or the Borough Council in the
enforcement of these regulations, including, but not limited to, a
highway occupancy permit for any development requiring access to a
state highway.
