Borough of Abbottstown, PA Plan Requirements and Procedures

§ 186-12 General.

Whenever any subdivision of land or land development is proposed to be made, and before any contract for the sale of, or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision or land development shall be granted, the developer shall apply in writing for approval of such proposed subdivision or land development in accordance with the requirements of this article.

§ 186-13 Plan classifications.

The specifications and plan requirements for subdivision and land development plan applications shall be determined by the plan classification, as follows:

Major subdivision plans and major land development plans shall be a subdivision plan of more than five residential lots or dwelling units or land development plan of 20,000 square feet or more of building coverage or parking lot expansion that involves the construction, installation or extension of new public improvements, including but not limited to streets, sewer and/or water lines, and stormwater management facilities, regardless of intended ownership of those facilities. These plans shall be prepared in accordance with the table below.

Minor subdivision plans and minor land development plans shall be a subdivision of five or fewer residential lots or dwelling units or land development plan of 5,000 square feet or more and less than 20,000 square feet of building coverage or parking lot expansion that does not involve the construction, installation or extension of new public improvements, including but not limited to streets, sewer and/or water lines, and stormwater management facilities, regardless of intended ownership of those facilities. These plans shall be prepared in accordance with the table below.

Plan Classification Approval Stage
		Type of Submission
Plan	Section(s)	All Minor Plans	All Major Plans
Sketch	§ 180-14	Encouraged	Encouraged
Major preliminary	§§ 180-15 and 180-16	N/A	Required
Major final	§§ 180-17 and 180-18	N/A	Required
Minor final	§§ 180-19 and 180-20	Required	N/A

§ 186-14 Optional sketch plans.

Prior to the filing of an application for review and approval of a subdivision or land development, whether major or minor, the developer is encouraged, in the strongest possible way, to submit an optional sketch plan for the purposes of classification and preliminary discussion relating to the requirements of this chapter, and any other ordinance or regulation of the Borough, the County, or the State.

The applicant shall file with the Borough six copies of the proposed sketch plan. Upon the Borough's receipt of the proposed sketch plan, Borough staff shall include the proposed sketch plan on the agenda of the next available Planning Commission meeting. The subdivision and/or land development plan shall be submitted at least 20 calendar days prior to Planning Commission's regular meeting to be considered at said meeting. Otherwise, the sketch plan will be added to the Planning Commission agenda of Planning Commission meeting of the next following month.

If submitted, the sketch plan shall be based on an accurate base map at a scale (preferably not less than one inch equals 200 feet) to enable the entire tract to be shown on one sheet, and should provide the following information:

(1)

The proposed project name or identifying title.

(2)

A North arrow, a graphic scale and a written scale.

(3)

Location of that portion to be subdivided or developed in relation to the entire tract, and the distance to the nearest street intersection.

(4)

Existing structures and other significant physical features within the portion of the site to be subdivided, and within 200 feet thereof. Topographic conditions should be shown with contours indicated at intervals of not more than 10 feet.

(5)

Name of the owner of the subject property and of adjoining properties as disclosed by the most recent property ownership records, as maintained by the Adams County Register and Recorders Office.

(6)

Tax map sheet and parcel numbers of the subject property and of adjoining properties.

(7)

A statement on the plan identifying the Zoning Ordinance requirements for the subject property and surrounding land. Additionally, the lot size and/or density, lot coverage, building coverage, and yard requirements of the Zoning Ordinance shall be identified for the subject property.[1]

[1]

Editor's Note: See Ch. 204, Zoning.

(8)

A statement on the plan identifying, with applicable date of decision, any waivers, variances, special exceptions, conditional uses, and existing nonconforming structures/uses.

(9)

A statement demonstrating proof of availability of infrastructure systems including, but not necessarily limited to, sewer lines, water lines, electric service, and cable service.

(10)

Proposed pattern of lots (including lot width and depth), street layout, building layout, recreation areas, systems of drainage, and sewerage and water supply.

(11)

Existing restrictions on the use of land including easements, covenants, or zoning district boundaries.

Although a formal action of either the Planning Commission or the Borough Council is not required for an optional sketch plan submission, the Planning Commission may determine whether the sketch plan meets the purposes of this chapter and the Abbottstown Borough Zoning Ordinance, and may make specific recommendations in writing that may be incorporated by the applicant in the formal submissions required by §§ 186-15, 186-17 and/or 186-19.

§ 186-15 Major preliminary plan submission requirements.

Preliminary plan requirements. Preliminary plans for major subdivisions and/or major land developments shall be required to include the following information:

(1)

Name of the proposed subdivision or land development.

(2)

Name of the Borough and county where the project is located.

(3)

Name, address, and telephone number of the developer.

(4)

Name, address, telephone number, license number, and seal of the professional engineer or registered surveyor who prepared the plans.

(5)

Date or origin of the plans and the date of each subsequent revised submission.

(6)

True or magnetic North point.

(7)

Graphic scale and written scale.

(8)

Certification by the professional engineer or surveyor that the topography shown on the plan resulted from an actual survey of the subject property. The certification shall include the date of such survey.

(9)

A key map, for the purpose of locating the property being subdivided, drawn at a scale of one inch equals 1,000 feet. The key map shall show the relation of the property to adjoining property and to all streets, roads, municipal boundaries, and recorded subdivision plans existing within 1,000 feet of any part of the property. The key maps shall include a title, scale, and true or magnetic North point.

(10)

The total tract boundary lines of the area being subdivided showing distances to hundredth of a foot and bearings to one second. These boundaries shall be determined by accurate field survey performed in accordance with the "Minimum Angle, Distance, and Closure Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land Title Surveys." In addition, the following shall be required:

(a)

In cases where a large portion of the parent tract remains in excess of 10 acres, and the property description contained in the current deed of record has an error of less than 1:5,000, the remainder boundary can be shown as a deed plotting.

(b)

All property corners shall be shown and labeled as to what monument was found or set.

(c)

The total area of the property being subdivided shall be listed, and a licensed professional land surveyor shall certify the boundary.

(11)

A plot drawn to scale of one inch equals no more than 50 feet showing the entire existing boundary and the location of the lots being subdivided from said tract. For parcels of 20 acres or more, the scale shall be one inch equals no more than 100 feet.

(12)

Boundaries of adjacent properties and recorded name and deed reference, including those properties that may lie on the opposite side of the street from the subject property. When adjacent properties are part of a recorded plat, only the lot number and subdivision name are required to be shown. The deed book and page number for the property being subdivided or developed shall also be provided.

(13)

Contour lines, at a minimum vertical interval of two feet for land with an average natural slope of 10% or less, and at a minimum vertical interval of five feet for more steeply sloping land. Contour intervals of one foot are required for utility and drainage plans.

(14)

Location and elevation of the bench mark(s) to which contour elevations refer; elevations shall be based on North American Vertical Datum of 1988 (NAVD 1988).

(15)

The name, number, cartway width, and right-of-way width of all proposed and existing public streets and the name and location of all roads within the property.

(16)

A certificate of ownership, acknowledgement of the plan, and offer of dedication (where applicable) shall be signed by the owner(s), and shall be notarized.

(17)

Location of existing streets and alleys adjoining the tract including the name, number, cartway width, right-of-way width, and location of sidewalks, if applicable.

(18)

The location (and elevation, if established) of all existing and proposed street monuments.

(19)

Location of existing and proposed rights-of-way and easements.

(20)

Lot numbers, and a statement of the total number of lots and parcels.

(21)

Lot lines and lot areas, with dimensions.

(22)

The building setback lines and dimensions for each lot, including the remnant portion of the original parcel.

(23)

A statement of the intended use of all lots including reference to applicable zoning districts. Such statement shall reference restrictions of any type which exist or which will exist as covenants in the deed for the lots contained in the subdivision. Such statement shall also reference any variance or special exception approval as may have been provided by the Abbottstown Borough Zoning Hearing Board or any conditional use approval as may have been provided by the Abbottstown Borough Council, and the dates of such approval(s). A summary table of the number of structures and/or dwelling units shall be submitted.

(24)

The location and size of existing and proposed utility structures and/or transmission lines including water, gas, electric, petroleum, etc., and all easements or rights-of-way connected with such structures and/or lines.

(25)

The location of existing structures and any other significant man-made or natural features within or near the property proposed for subdivision or land development.

(26)

The location, size, invert elevation, and profiles of all existing and proposed sanitary sewers, and location of all manholes.

(27)

Location, size, invert elevation, and profiles of all existing and proposed storm sewers (and other drainage facilities), with the size and material indicated, and any proposed connections with existing facilities.

(28)

Location, size, invert elevation, and profiles of all existing and proposed water lines, valves, hydrants, and fire alarm boxes.

(29)

Plans, profiles, and cross-sections showing the proposed location and type of streets, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers, and storm sewers, and the size and type thereof, the character, width, and depth of pavements and sub-base, the location of manholes, basins, and underground conduits. Profile plans shall maintain a ratio of 1:10 vertical to horizontal.

(30)

Location of existing drainage structures, whether natural or man-made.

(31)

Parks, playgrounds, and other areas to be dedicated or reserved for public use, including any conditions governing such use.

(32)

Where the development lies partially or completely within any flood-prone area, or where the development borders on any flood-prone area, the preliminary plan shall include detailed information giving the location and elevation of proposed roads, public utilities, and building sites. All such maps shall identify accurately the boundaries of the flood-prone area.

(33)

All plans shall contain a note regarding the status of wetlands on the site. Where deemed necessary by the Planning Commission or Borough Council, an analysis of wetland conditions affected by the subject development must be performed. Such analysis shall be prepared by a recognized professional with expertise in this field and shall delineate the field determined boundaries of any existing wetland areas. All such delineations shall identify accurately the boundaries of the wetland and the boundaries of hydric soils on the parcel. A note shall be added to the plan stating that Abbottstown Borough or its employees or agents assume no responsibility with regard to wetlands analyses and delineations.

(34)

No lot or plan which requires access to a highway under jurisdiction of the Pennsylvania Department of Transportation shall be approved unless the plan 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. The plan shall be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit.

[1]

Editor's Note: See 36 P.S. § 670-420.

Supplementary data requirements. Preliminary plans for major subdivisions and/or major land developments shall include the following data and information where applicable and where determined by the Planning Commission and/or Borough Council to be necessary:

(1)

A planning module for land development as required by the Pennsylvania Department of Environmental Protection (DEP). For projects involving proposed public sewer extensions or central sewer facilities, the planning module, when deemed necessary, shall be submitted to the appropriate Municipal Authority for review. The preliminary plan will not be approved until the planning module has been approved by DEP.

(2)

A plan for the control of erosion and sedimentation for review by the County Conservation District Office as required by the Pennsylvania Clean Streams Act.[2] The preliminary plan shall not be approved until a copy of the adequacy letter from the Adams County Conservation District has been obtained.

[2]

Editor's Note: See 35 P.S. § 691.1 et seq.

(3)

Designs, including cross sections, of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of DEP and the Pennsylvania Department of Transportation. Where facilities will be offered for dedication, the Borough Engineer shall also review and approve the design.

(4)

Profiles along the centerline of the cartway (pavement) or along the top of the curb for both sides of each proposed street shown on the preliminary plan. Such profiles shall show natural and finished grades and utilities which exist or are proposed to be located beneath the roadway surface.

(5)

A letter documenting a water supply commitment from a public utility agency authorized by the Pennsylvania Public Utilities Commission (PUC) to operate within the Borough shall be deemed sufficient to meet the requirements of this section.

(6)

A stormwater management site plan, with applicable calculations, including design of storm sewers, drainage facilities, or other features in accordance with this chapter and the Abbottstown Borough Stormwater Management Ordinance.[3]

[3]

Editor's Note: See Ch. 180, Stormwater Management.

(7)

Where the preliminary plan covers only a part of the entire land holdings of the applicant, a sketch of the future street system of the unsubdivided or undeveloped portion of the parcel shall be provided. Such sketch shall include the entire parcel, drawn at a scale of not less than 400 feet to the inch. The sketch shall show the proposed layout and streets, and shall indicate the probable future street system including probable lot layout and drainage layout of the entire parcel.

(8)

Where the parcel includes an electric transmission line, a gas pipeline, a petroleum (or petroleum products) pipeline, or line of a similar nature, the plan submission shall include a letter from the owner or lessee of such right-of-way stating any conditions regarding the use of the land within the right-of-way and the minimum building setback from the right-of-way. This requirement may be satisfied by the submission of the recorded right-of-way agreement.

(9)

A traffic impact study, when required in accordance with § 186-43 of this chapter and/or any other applicable Borough ordinance.

(10)

The design of sanitary sewer and/or water systems, as applicable, including profiles. Where applicable, design of sanitary sewer and water systems shall be submitted to the appropriate municipal authority for review and approval. Approval of the preliminary plan will not be granted until an approval letter from the Abbottstown-Paradise Joint Sewer Authority is received.

(11)

A land grading plan in accordance with the § 186-38 and any other applicable requirements of this chapter.

(12)

A listing of underground utilities and contact information in accordance with Acts 287, 172, and 38 (the Pennsylvania One Call System),[4] as amended.

[4]

Editor's Note: See 73 P.S. § 176 et seq.

(13)

Location and general layout of any proposed recreational facilities.

(14)

An offer of dedication shall be shown on the plan identifying which improvements are intended to be dedicated to the Abbottstown-Paradise Joint Sewer Authority.

(15)

Whenever a development plan proposes to discharge stormwater runoff to an adjacent property not within a natural watercourse or in a manner which exceeds the capability of a natural watercourse, a letter shall be obtained from the affected property owner(s) stating their approval of the proposal after their review of the required stormwater management site plan. If deemed necessary by the Borough, a formal easement and agreement may be required from the affected property owner(s).

(16)

A landscaping plan in accordance with § 186-36 and any other requirements of this chapter and/or any other applicable Borough ordinances.

(17)

Plans for traffic control devices, as may be required. Such submission shall include necessary engineering studies to justify such devices.

(18)

Plans for postal delivery, including locations of proposed mail boxes and any supporting infrastructure.

§ 186-16 Major preliminary plan procedures.

The applicant shall file with the Borough five full-size copies (minimum 18 inches by 24 inches) of the proposed subdivision and/or land development plan, and any other required data and maps, required by § 186-15. The applicant shall also file with the Borough two eleven-inch-by-seventeen-inch copies and one electronic copy of the proposed subdivision and/or land development plan. Upon the Borough's receipt of the proposed subdivision and/or land development plan, Borough staff shall include the proposed subdivision and/or land development on the agenda of the next available Planning Commission meeting. The subdivision and/or land development plan shall be submitted at least 20 calendar days prior to Planning Commission's regular meeting to be considered at said meeting. Otherwise, the subdivision and/or land development plan will be added to the Planning Commission agenda of Planning Commission meeting of the next following month.

The applicant shall submit copies of the proposed subdivision and/or land development plan to the Borough Engineer, and the Borough Code Enforcement and/or Zoning Officer for review. The applicant shall also submit copies of the proposed subdivision and/or land development to the Adams County Conservation District, the Adams County Office of Planning and Development, the Pennsylvania Department of Environmental Protection, the Abbottstown-Paradise Joint Sewer Authority, and other public agencies when applicable.

The Planning Commission shall make a recommendation regarding the subdivision and/or land development plan to the Borough Council. The Planning Commission shall be authorized to table consideration of any application until reports from the county and other review agencies are received.

The recommendation of the Planning Commission shall be in writing and shall be communicated to the Borough Council and to the applicant either personally or in writing not later than 15 days following the decision. The Planning Commission shall take the reports of the various review agencies into account when preparing its recommendations.

Where the Planning Commission recommends approval with conditions or disapproval of the proposed subdivision and/or land development plan, the recommendation shall be accompanied by a description of the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.

The Borough Council, upon recommendation of the Planning Commission, shall act on the preliminary plan and communicate its decision to the applicant not later than 90 days following the date of the regularly scheduled Planning Commission meeting at which initial consideration was given, or after the final order of the court remanding an application. The Borough Council shall not approve such application until the county report is received or until the expiration of 30 days from the date the application was forwarded to the county. In the event that the regularly scheduled Planning Commission meeting at which initial consideration of the application is provided occurs more than 30 days following the date of submission to the Borough, or the final order of the court, the said ninety-day period shall be measured from the 30th day following the date of submission to the Borough. The decision shall be communicated to the applicant either personally or in writing not later than 15 days following the decision.

Before acting on any proposed subdivision and/or land development plan, the Borough Council may hold a public hearing pursuant to public notice.

Where the Borough Council approves with conditions or disapproves the proposed subdivision and/or land development plan, the decision shall be accompanied by a description of the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.

Failure of the Borough Council to render a decision and communicate its decision to the applicant within the said ninety-day review period shall be deemed an approval of the application in terms as presented unless the applicant has granted an extension of time which the Borough Council has acted upon. Failure of the Borough Council to render a decision with the limits of such time extension shall have like effect.

(1)

In cases where the applicant grants an extension of time, the time extension shall be in writing and submitted as such time that the Planning Commission and Borough Council can review and act upon such at a regularly scheduled meeting prior to the end of the ninety-day review period. Applicants are encouraged to grant time extension at 30, 45, 60, or 90 days as may be necessary to complete the review and decision making process.

Approval of the preliminary plan constitutes approval of the proposed subdivision and/or land development plan with respect to the general design, appropriate dimensions, and other planned features. Preliminary approval binds the applicant to the scheme of the plan as approved. Where a final plan is submitted which contains substantial variation from an approved or conditionally approved preliminary plan, said final plan shall be treated as a new preliminary plan, and subject to the submission and review requirements of §§ 186-15 and 186-16, respectively.

Preliminary approval shall expire five years from the day when preliminary plan approval was granted.

When a preliminary plan application has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the Zoning, subdivision and land development, or other governing ordinances or plans shall be applied to adversely affect the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.

§ 186-17 Major final plan submission requirements.

Final plan requirements. Final plans for major subdivisions and/or major land developments shall be required to include the following information:

(1)

Name of the proposed subdivision or land development.

(2)

Name of the Borough and county where the project is located.

(3)

Name, address, and telephone number of the developer.

(4)

Name, address, telephone number, license number, and seal of the professional engineer or registered surveyor who prepared the plans.

(5)

Date or origin of the plans and the date of each subsequent revised submission.

(6)

True or magnetic North point.

(7)

Graphic scale and written scale.

All property corners shall be shown and labeled as to what monument was found or set.

(c)

The total area of the property being subdivided shall be listed, and a licensed professional land surveyor shall certify the boundary.

Location and elevation of the bench mark(s) to which contour elevations refer; elevations shall be based on North American Vertical Datum of 1988 (NAVD 1988).

(15)

The name, number, cartway width, and right-of-way width of all proposed and existing public streets and the name and location of all roads within the property.

(16)

The following data for the cartway edges (curb lines) and right-of-way lines of all proposed streets, and for the right-of-way lines of all proposed streets within the property:

(a)

The length (in feet and hundredths of a foot) of all straight lines and of the radius and the arc (or cord) of all curved lines (including lot lines).

(b)

The width (in feet) of the cartway, right-of-way, and, if required, of the ultimate right-of-way, and (in degrees, minutes, and quarters of a minute) of the delta angle of all curved lines, including curved lot lines.

(c)

All straight lot lines, defined (in feet and hundredths of a foot) by distances and (in degrees, minutes, and seconds) either by magnetic bearings or by angles of deflection from other lot and streets lines.

(17)

Location of existing streets and alleys adjoining the tract including the name, number, cartway width, right-of-way width, and location of sidewalks, if applicable.

(18)

The location (and elevation, if established) of all existing and proposed street monuments.

(19)

Location of existing and proposed rights-of-way and easements.

(20)

Lot numbers, and a statement of the total number of lots and parcels.

(21)

Lot lines and lot areas, with dimensions.

(22)

The building setback lines and dimensions for each lot, including the remnant portion of the original parcel.

(23)

(24)

(25)

The location of existing structures and any other significant man-made or natural features within or near the property proposed for subdivision or land development.

(26)

The location, size, invert elevation, and profiles of all existing and proposed sanitary sewers, and location of all manholes.

(27)

(28)

Location, size, invert elevation, and profiles of all existing and proposed water lines, valves, hydrants, and fire alarm boxes.

(29)

Location of existing drainage structures, whether natural or man-made.

(30)

(31)

Parks, playgrounds, and other areas to be dedicated or reserved for public use, including any conditions governing such use.

(32)

Where the development lies partially or completely within any flood-prone area, or where the development borders on any flood-prone area, the final plan shall include detailed information giving the location and elevation of proposed roads, public utilities, and building sites. All such maps shall identify accurately the boundaries of the flood-prone area.

(33)

All plans shall contain a note regarding the status of wetlands on the site. Where deemed necessary by the Planning Commission or Borough Council, an analysis of wetland conditions affect by the subject development must be performed. Such analysis shall be prepared by a recognized professional with expertise in this field and shall delineate the field determined boundaries of any existing wetland areas. All such delineations shall identify accurately the boundaries of the wetland and the boundaries of hydric soils on the parcel. A note shall be added to the plan stating that Abbottstown Borough or its employees or agents assume no responsibility with regard to wetlands analyses and delineations.

(34)

No lot or plan which requires access to a highway under jurisdiction of the Pennsylvania Department of Transportation shall be approved unless the plan 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. The subdivision or land development plan shall include the permit number, and the design and location of the access authorized by said permit.

[1]

Editor's Note: See 36 P.S. § 670-420.

Supplementary data requirements. Final plans for major subdivisions and/or major land developments shall include the following data and information where applicable and where determined by the Planning Commission and/or Borough Council to be necessary:

(1)

Final profiles along the centerline of the cartway (pavement) or along the top of the curb for both sides of each proposed street shown on the final plan. Such profiles shall show natural and finished grades and utilities which exist or are proposed to be located beneath the roadway surface.

(2)

An agreement that the applicant will install all underground utilities before paving streets or constructing sidewalks. Such agreement shall be noted on the plan.

(3)

Copies of permits and/or approved plans for sewer, water, stormwater, transportation, and erosion and sedimentation control facilities, as may be required by the Borough or by other controlling governments or agencies. Any improvements required in the context of these permits and/or approvals shall be shown on the final plan submission.

(4)

Where the Borough required the submission of traffic impact studies, water or sewer feasibility reports, or other information, analyses, or plans in the context of the preliminary plan submission, the final plan shall include any design changes or improvements required by the Borough as a result of the Borough's review of these studies, reports, information, analyses, or plans.

(5)

A final phasing schedule for the proposed sequence of the development. The phasing schedule shall indicate the order in which construction activities will occur. In the case where development is projected over a number of years, each section except for the last section shall contain a minimum of 25% of the total number of lots, dwelling units, or buildings as depicted in the final plan, unless a lesser percentage is approved by the Borough Council.

(6)

Any other certificate, affidavit, endorsement, dedication, etc., that may be required by the Planning Commission or Borough Council.

(7)

Where required by the Borough Council, subdivision and land development agreements shall be executed. A subdivision and land development agreement is required where there will be dedication of improvements to the Borough or under the circumstances where deemed to be necessary for the implementation of plan approval. Details and provisions of such agreement shall be as recommended by the Borough Solicitor and Borough Engineer.

§ 186-18 Major final plan procedures.

The applicant shall file with the Borough five full-size copies (minimum 18 inches by 24 inches) and two mylar copy of the proposed subdivision and/or land development plan, and any other required data and maps, required by § 186-17. The applicant shall also file with the Borough two eleven-inch-by-seventeen-inch copies and one electronic copy of the proposed subdivision and/or land development plan. Upon the Borough's receipt of the proposed subdivision and/or land development plan, Borough staff shall include the proposed subdivision and/or land development on the agenda of the next available Planning Commission meeting. The subdivision and/or land development plan shall be submitted at least 20 calendar days prior to Planning Commission's regular meeting to be considered at said meeting. Otherwise, the subdivision and/or land development plan will be added to the Planning Commission agenda of Planning Commission meeting of the next following month. The mylar copy shall be prepared on eighteen-inch-by-twenty-four-inch sheets. The Borough Engineer and/or Borough Council shall decide which sheets of the final plan to record.

The applicant shall submit copies of the proposed subdivision and/or land development plan to the Borough Engineer, and the Borough Code Enforcement and/or Zoning Officer for review. The applicant shall also submit copies of the proposed subdivision and/or land development to the Adams County Conservation District, the Adams County Office of Planning and Development, the Pennsylvania Department of Environmental Protection, the Municipal Authority, and other public agencies when applicable.

The Borough Council, upon recommendation of the Planning Commission, shall act on the final plan and communicate its decision to the applicant not later than 90 days following the date of the next regularly scheduled Planning Commission meeting at which initial consideration was given, or after the final order of the court remanding an application. The Borough Council shall not approve such application until the county report is received or until the expiration of 30 days from the date the application was forwarded to the county. In the event that the regularly scheduled Planning Commission meeting at which initial consideration of the application is provided occurs more than 30 days following the date of submission to the Borough, or the final order of the court, the said ninety-day period shall be measured from the 30th day following the date of submission to the Borough. The decision shall be communicated to the applicant either personally or in writing not later than 15 days following the decision.

Before acting on any proposed subdivision and/or land development plan, the Borough Council may hold a public hearing pursuant to public notice.

(1)

When a final plan application has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the Zoning, Subdivision and Land Development, or other governing ordinances or plans shall be applied to adversely affect the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.

§ 186-19 Minor final plan submission requirements.

Specifications. Final plans for minor subdivisions and/or minor land developments shall be prepared in accordance with the following specifications:

(1)

Name of the proposed subdivision or land development.

(2)

Name of the Borough and county where the project is located.

(3)

Name, address, and telephone number of the developer.

(4)

Name, address, telephone number, license number, and seal of the professional engineer or registered surveyor who prepared the plans.

(5)

Date or origin of the plans and the date of each subsequent revised submission.

(6)

True or magnetic North point.

(7)

Graphic scale written scale.

(8)

Reference to the technique and resource used to depict the topography on the plan.

(9)

A key map, for the purpose of locating the property being subdivided, drawn at a scale of one inch equals 1,000 feet. The key map shall show the relation of the property to adjoining property and to all streets, roads, municipal boundaries, and recorded subdivision plans existing within 1,000 feet of any part of the property. The key map shall include a title, scale, and true or magnetic North point.

(10)

(a)

(b)

All property corners shall be shown and labeled as to what monument was found or set.

(c)

The total area of the property being subdivided shall be listed, and a licensed professional land surveyor shall certify the boundary.

(11)

(12)

(13)

Contour lines at vertical intervals of no more than 10 feet.

(14)

Location and elevation of the bench mark(s) to which contour elevations refer; elevations shall be based on North American Vertical Datum of 1988 (NAVD 1988).

(15)

Location of existing streets and alleys adjoining the tract including the name, number, cartway width, right-of-way width, and location of sidewalks, if applicable.

(16)

The location (and elevation, if established) of all existing street monuments.

(17)

A certificate of ownership, acknowledgement of the plan, and offer of dedication (where applicable) shall be signed by the owner(s), and shall be notarized.

(18)

Location of existing and proposed rights-of-way and easements.

(19)

Lot numbers, and a statement of the total number of lots and parcels.

(20)

Lot lines and lot areas, with dimensions.

(21)

The building setback lines and dimensions for each lot, including the remnant portion of the original parcel.

(22)

(23)

The location and size of existing utility structures and/or transmission lines including water, gas, electric, petroleum, etc., and all easements or rights-of-way connected with such structures and/or lines.

(24)

The location of existing structures and any other significant man-made or natural features within or near the property proposed for subdivision or land development.

(25)

Location of existing drainage structures, whether natural or man-made, including marshes, streams, ponds, swales, or similar features.

(26)

(27)

All plans shall contain a note regarding the status of wetlands on the site. Where deemed necessary by the Planning Commission or Borough Council, an analysis of wetland conditions affect by the subject development must be performed. Such analysis shall be prepared by a recognized professional with expertise in this field and shall delineate the field determined boundaries of any existing wetland areas. All such delineations shall identify accurately the boundaries of the wetland and the boundaries of hydric soils on the parcel. A note shall be added to the plan stating that Abbottstown Borough or its employees or agents assume no responsibility with regard to wetlands analyses and delineations.

(28)

No lot or plan which requires access to a highway under jurisdiction of the Pennsylvania Department of Transportation shall be approved unless the plan 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. The subdivision or land development plan shall include the permit number, and the design and location of the access authorized by said permit.

[1]

Editor's Note: See 36 P.S. § 670-420.

Supplementary data requirements. Final plans for minor subdivisions and/or minor land developments shall include the following data and information where applicable and where determined by the Planning Commission and/or Borough Council to be necessary:

(1)

A planning module for land development as required by the Pennsylvania Department of Environmental Protection (DEP). For projects involving proposed public sewer extensions or central sewer facilities, the planning module, when deemed necessary, shall be submitted to the appropriate Municipal Authority for review. The final plan will not be approved until the planning module has been approved by DEP.

(2)

A plan for the control of erosion and sedimentation for review by the County Conservation District Office as required by the Pennsylvania Clean Streams Act.[2] The final plan shall not be approved until a copy of the adequacy letter from the Adams County Conservation District has been obtained.

[2]

Editor's Note: See 35 P.S. § 691.1 et seq.

(3)

[3]

Editor's Note: See Ch. 180, Stormwater Management.

(4)

(5)

A land grading plan in accordance with § 186-38 and any other applicable requirements of this chapter.

(6)

A listing of underground utilities and contact information in accordance with Acts 287, 172, and 38 (the Pennsylvania One Call System), as amended.

(7)

Whenever a development plan proposes to discharge stormwater runoff to an adjacent property not within a natural watercourse or in a manner which exceeds the capability of a natural water course, a letter shall be obtained from the affected property owner(s) stating their approval of the proposal after their review of the required stormwater management plan. If deemed necessary by the Borough, a formal easement and agreement may be required from the affected property owner(s).

(8)

A landscaping plan in accordance with § 186-36 and any other requirements of this chapter and/or any other applicable Borough ordinances.

(9)

Plans for postal delivery, including locations of proposed mail boxes and any supporting infrastructure.

§ 186-20 Minor final plan procedures.

The applicant shall file with the Borough five full-size copies (minimum 18 inches by 24 inches) and two polyester film (mylar) copies (maximum size 18 inches by 24 inches) of the proposed subdivision and/or land development plan, and any other required data and maps, required by § 186-19. The applicant shall also file with the Borough two eleven-inch-by-seventeen-inch copies and one electronic copy of the proposed subdivision and/or land development plan in a format agreed to by the Borough. Upon the Borough's receipt of the proposed subdivision and/or land development plan, the Borough staff shall include the proposed subdivision and/or land development on the agenda of the next available Planning Commission meeting. The subdivision and/or land development plan shall be submitted at least 20 calendar days prior to Planning Commission's regular meeting to be considered at said meeting. Otherwise, the subdivision and/or land development plan will be added to the Planning Commission agenda of Planning Commission meeting of the next following month. The Borough Engineer and/or Borough Council shall decide which sheets of the final plan to record.

The applicant shall submit copies of the proposed subdivision and/or land development plan to the Borough Engineer, and the Borough Code Enforcement and/or Zoning Officer for review. The applicant shall also submit copies of the proposed subdivision and/or land development to the Adams County Conservation District, the Adams County Office of Planning and Development, the Pennsylvania Department of Environmental Protection, the Municipal Authority, and other public agencies when applicable.

Before acting on any proposed subdivision and/or land development plan, the Borough Council may hold a public hearing pursuant to public notice.

(1)

§ 186-21 Required improvements.

Before the Borough Council grants final approval of a major or minor final subdivision or major or minor final land development plan, the applicant shall demonstrate compliance with the following requirements and procedures, as may be applicable to a specific plan submission:

No plan shall be finally approved unless the streets shown on the plan are improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter and any walkways, curbs, gutters, street lights, fire hydrants, required landscaping, water mains, sanitary sewers, storm sewers, and other improvements as may be required by this chapter have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plan, including improvements or fees required pursuant to § 186-21I below, the applicant shall provide for the deposit with the municipality financial security in an amount sufficient to cover the costs of such improvements of 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. The applicant shall not be required to provide financial security for the costs of any improvement for which financial security is required by and provided to the Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law.[1]"

[1]

Editor's Note: See 36 P.S. § 670-420.

When requested by the developer, in order to facilitate financing, the Borough Council shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final 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 governing body. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the applicant.

Without limitation as to other types of financial security which the Borough Council 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.

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 in the commonwealth.

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.

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 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 applicant to post additional security in order to assure that the financial security equals 110%. Any additional security shall be posted by the applicant in accordance with this subsection.

The amount of financial security required shall be based on an estimate of the cost of completion of the required improvements, submitted by the applicant and prepared by a professional engineer licensed as such in the commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant 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 municipality and the applicant. 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 chosen, fees for services of said engineer shall be paid equally by the Borough and the applicant.

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 bidding procedure.

In the case where development is projected over a period of years, the Borough may authorize submission of final plans 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.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough 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 Borough Council, and the Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Borough Council 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 Borough Council fails to act within said forty-five-day period, the Borough Council shall be deemed to have approved the release of funds as requested. The Borough Council may, prior to release at the time of completion and certification by its engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

Where the Borough Council accepts dedication of all or some of the required improvements following completion, the Borough Council may 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 plan for a term not to exceed 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 not exceed 15% of the actual cost of installation of said improvements.

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 Borough, 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 within the financial security as otherwise required by this section.

If financial security has been provided in lieu of the completion of improvements required as condition for the final approval of a plan as set forth in this section, the Borough 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 on the final plan upon actual completion of the improvements depicted upon the final plan. 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 road 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 plan, 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. Any ordinance or statute inconsistent herewith is hereby expressly repealed.

Release from improvement bond. When the applicant has completed all of the necessary and appropriate improvements, the following conditions and procedures shall be followed:

(1)

The applicant shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report, in writing, with the Borough Council, and shall promptly mail a copy of the same to the applicant by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the aforesaid authorization from the Borough Council. 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 of shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

(2)

The Borough Council shall notify the developer within 15 days of the Borough Engineer's report, in writing by certified or registered mail, of the action of said Borough Council with relation thereto.

(3)

If the Borough Council or the Borough Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the applicant shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

(4)

In any portion of the said improvements shall not be approved or shall be rejected by the Borough Council, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

(5)

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 Borough Council or the Borough Engineer.

(6)

Where herein reference is made to the Borough Engineer, he shall be a duly registered professional engineer employed by the Borough or engaged as a consultant thereto.

(7)

The applicant shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Borough Engineer or consultant to the municipalities when fees are not reimbursed or otherwise imposed on applicants.

(a)

In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Borough that such expenses are disputed as unreasonable or unnecessary, in which case the Borough shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.

(b)

If, within 20 days from the date of billing, the Borough and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Borough shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the commonwealth to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.

(c)

The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.

(d)

In the event that the Borough and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which Abbottstown Borough is located (or if at the time there is no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Borough Engineer nor any professional engineer who has been retained by, or performed services for, the Borough or the applicant within the preceding five years.

(e)

The fee for the appointed engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Borough shall pay the fee of the professional engineer, but otherwise the municipality and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.

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 plan, the Borough Council is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If 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 Borough Council may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute other 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 applicant, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Borough use.

§ 186-22 Filing of approved subdivision plat.

Prior to recording the approved final plan, the applicant shall submit two mylar copies and two paper copies of said plan to the Borough Secretary in order to obtain the seals and signatures of Borough officials.

Copies of the approved final plan shall, within 90 days of the date of approval, or 90 days after the date of delivery of an approved plan signed by the governing body, following completion of conditions imposed for such approval, whichever is later, be recorded by the applicant in the office of the Recorder of Deeds of Adams County. The applicant shall notify the Borough Council in writing of the date of such recording and the plan book and page wherein such subdivision or land development is recorded. If the plan is not recorded within the ninety-day period, the approval shall lapse and become void.

Effect of recording.

(1)

After a subdivision or land development has been duly recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of the map of the Borough.

(2)

Streets, parks and other public improvements shown on a subdivision or land development to be recorded may be offered for dedication to the Borough by formal notation thereof on the plan, or the owner may note on the plan that such improvements have not been offered for dedication to the Borough.

(3)

Every street, park or other improvement shown on a subdivision or land development plan that is recorded, as provided herein, shall be deemed to be a private street, park or improvement until such time as the same has been offered for dedication to the Borough and accepted, by resolution, and recorded in the office of the clerk of the Court of Common Pleas of Adams County, or until it has been condemned for use as a public street, park or improvement.

Recorded plan. All plans recorded shall contain the information specified in this chapter.

§ 186-23 Resubmission of plans.

Whenever any revision to a submitted subdivision and/or land development plan is made, the developer shall complete sets of the plan to the Adams County Office of Planning and Development and the Borough Zoning Officer. These shall be in addition to any plan sets required by this article.

A resubmission of a subdivision and/or land development plan shall be submitted at least 10 business days prior to Planning Commission's regular meeting to be considered at said meeting.

§ 186-24 As-built plans.

Upon completion of all required improvements, and prior to final observation of improvements, the developer shall submit an as-built plan, according to the specifications indicated in § 186-24B, showing the actual location, dimension and elevation of all existing improvements. The as-built plan submission shall also include, when necessary, a revised deed for all lands that are fully improved and offered for dedication. The as-built plans shall include a note that specifically identifies all deviations from previously approved drawings. The applicant's engineer shall certify that the construction of all facilities was completed in accordance with the as-built plan. Four full-size copies of the plan shall be submitted to the Borough.

As-built plans shall be prepared by an engineer or land surveyor registered in the Commonwealth of Pennsylvania to perform such duties. Land surveyors shall prepare metes and bounds descriptions. Registered professionals with appropriate expertise shall prepare designs that entail their expertise. The as-built plan shall, at a minimum, show the following.

(1)

Monuments and markers.

(2)

The location of the cartway and curb, for both sides of each street.

(3)

Sanitary sewer main, manholes, rim and invert elevations and culverts.

(4)

Storm sewers, inlets, rim and invert elevations, laterals and stormwater management facilities.

(5)

Water mains, services lines, valves, and fire hydrants.

(6)

Streetlights.

(7)

Landscaping and screen planting.

(8)

Berms.

(9)

Permanent sedimentation, erosion control and stormwater management structures with as-built storage volume and outlet elevations and as-built elevations for all detention/retention basins or other storage structures.

(10)

All easements and rights-of-way.

(11)

All buried utilities, gas, electric, cable, water, sewer, etc.

(12)

Benchmark location, description, elevation and datum to which elevation is referenced.