[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
The purpose of the final plan is to require formal approval
by the Borough Council before plans for all major subdivisions and
land developments are recorded.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1.
Final Plan Submission Required. A final plan submission for each
major subdivision and/or land development must be submitted by the
applicant and reviewed in accordance with the provisions of this chapter
and any other ordinances and regulations of the Borough. The final
plan shall be submitted within five years after a preliminary plan
was approved, or else a new preliminary plan is required that meets
the current development regulations of the Borough, unless a longer
schedule was specifically approved by the Borough Council.
2.
Required Submission.
A.
The applicant shall submit to the Borough staff at least 25 calendar
days prior to a regularly scheduled Planning Commission meeting:
(1)
The required application fee and escrow deposit as set forth
in the Borough Fee Schedule.
(3)
Three copies of the complete set of final subdivision and/or
land development plans.
(4)
Three copies of all supporting documents (intent is for one
copy to be provided to the Engineer, one to the Planning Commission
Solicitor and one for the Borough files). Only two copies of stormwater
calculations are required.
(5)
Nine copies of a plan that at a minimum shows the proposed layout
of lots, streets, buildings (if known) and improvements, as well as
proposed landscaping and outdoor lighting.
B.
Revisions to a previously submitted plan shall be submitted at least
10 calendar days prior to a meeting where the plan will be discussed.
The Borough Engineer or Administrator may waive this requirement,
such as for editorial revisions or other revisions that do not require
advanced review.
3.
Initial Actions by the Borough staff.
A.
The designated Borough staff person and/or Borough Engineer shall
review the submission for completeness.
B.
If such person determines that the submission is significantly complete,
but is missing minor items, such items shall be required to be submitted.
C.
The Borough staff shall retain in the Borough files one copy of the
application form, final plan checklist, final subdivision plan and
a set of supporting documents.
D.
The Borough staff shall forward the submittal to the Borough Engineer
and the Planning Commission. Items needing legal review should be
submitted to the Planning Commission Solicitor.
E.
The applicant is required to make a formal submission to the LVPC
and the County Conservation District (if earth disturbance is involved).
The applicant is responsible to provide any information needed by
PennDOT (if access or work is proposed within a state right-of-way)
and the Borough Sewage Enforcement Officer (if on-lot septic systems
will be used).
F.
The Borough may request reviews by the Police Department, Fire Company
and other entities.
4.
Review by Borough Engineer.
A.
The Borough Engineer and SEO, if applicable, shall prepare their
reports and recommendations on the engineering and technical aspects
of the plan for submission to the Borough Planning Commission.
B.
The Borough Engineer and the SEO may make additional reports and
recommendations to the Borough Planning Commission or Borough Council
at any time during the review of the plan.
5.
Planning Commission Review for Completeness. Based upon the review
of the plan by the Borough Engineer and/or the Borough staff against
the plan checklist, the Planning Commission shall have the authority
to determine whether a submission is significantly incomplete. If
the submission is determined by the Commission to be significantly
incomplete, the plan shall be considered to have not been officially
accepted by the Borough. In such case, the filing and review fees
shall be returned to the applicant, along with any escrow deposits
minus the cost of Borough legal and engineering reviews up to that
point in time. If the Commission does not make such a motion on the
matter, then the submittal shall be considered to be accepted.
A.
A determination that a plan is significantly incomplete shall occur
at a meeting of the Planning Commission within 30 days after a duly
filed submittal. If a plan is not accepted, no further action is required
by the Borough and no deemed approval shall occur.
6.
Review and Recommendation by the Planning Commission.
A.
The Planning Commission shall review the final plan, reports and
recommendations of the LVPC, the Borough Engineer and any other applicable
reports. The Planning Commission may recommend changes to meet Borough
ordinances and protect public safety, and may request other changes.
C.
The recommendation of the Planning Commission shall be in writing
and shall be communicated to the Borough Council not later than 15
days following the date of the decision.
7.
Review and Decision by Borough Council. The Borough Council shall:
A.
Review the report from the Planning Commission and all other applicable
reports received; however, no subdivision or land development shall
be granted final approval until a report is received from the LVPC
or until the expiration of 30 days from the date the application was
accepted by the LVPC.
B.
Determine whether the final plan meets the requirements of this chapter
and other applicable ordinances.
C.
Approve, conditionally approve or disapprove the final plan within
the time limits required by the MPC.
(1)
The Borough Council shall render its decision and communicate
it in writing to the applicant personally or by mail to him at his
last known address not later than 15 days following the decision but
not later than 90 days following the date of the regular meeting of
the Planning Commission next following the date the application is
filed, within the Borough's required time period 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.
D.
The Borough Council may attach reasonable conditions to an approval
to ensure the carrying out of this chapter and other applicable ordinances
and statutes.
E.
If the final plan is disapproved, the decision shall specific defects
found in the plan, describe requirements which have not been met,
and cite the provisions of the statute or ordinance relied upon in
each case.
F.
The approval of the final plan by the Borough Council shall not constitute
an acceptance of the dedication of any street or other proposed public
way, space or area shown on the final plan.
(1)
If the Borough Council elects to accept lands offered for dedication,
the applicant shall provide the Borough:
(a)
A legal description of the area to be dedicated.
(b)
An attorney's opinion of record title or a title insurance policy
issued by a reputable title insurance company authorized to transact
business within the Commonwealth of Pennsylvania deemed acceptable
to the Borough and issued in an amount deemed reasonable by and acceptable
to the Borough. Such documents shall state that the title is in fee
simple, and that title is good, free and unencumbered. Any title insurance
policy premium shall be paid by the applicant.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
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All final plan submittals shall include all of the information
that was required at the time of preliminary plan submittal (see § 503),
the additional information listed below in this § 603, and
any other applicable provisions of this chapter. If specific technical
supporting documents, such as stormwater calculations, are identical
to those submitted at the preliminary stage, the Borough staff may
waive the requirement to submit additional copies of those items.
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a.
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The following list of requirements shall be photocopied to and
also serve as a checklist that the applicant shall complete and submit
with the Plans. If an item is submitted, it shall be checked off.
If the applicant believes an item is not applicable, then "NA" shall
be written next to the item. If the applicant requests a waiver, then
a "W" shall be written next to the requirement.
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Submitted?
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1.
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Additional Final Plan Requirements.
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A.
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A property survey shall have been performed of the boundary
of the entire tract, and evidence of such survey shall be presented.
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B.
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Easements shall be placed on the land providing for:
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(1)
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Clear sight triangle easements [see § 1011(7)].
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(2)
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All utility, drainage, maintenance, pedestrian, open space or
other easements, as required or needed.
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C.
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Required Plan Notations. The following wording shall be required
to be placed as notes on any final subdivision or land development
plan, as applicable:
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(1)
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A highway occupancy permit approved by PennDOT, or evidence
of the submission of an application to PennDOT, for access to any
adjoining state highway. A note shall be placed on the plan which
states that 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.
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(2)
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Wells and sewage disposal systems shall be constructed in accordance
with standards of the Borough and the Pennsylvania Department of Environmental
Protection.
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(3)
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Individual owners of lots must receive approval from the Borough
Sewage Enforcement Officer for a sewage permit prior to undertaking
the construction of an on-lot sewage disposal system or a building
that will need to be served by such a system.
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(4)
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The Planning Commission and Borough Council have not passed
upon the feasibility of any individual lot or location without a lot
being able to sustain any type of well or sewage disposal system.
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(5)
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A note specifying the required monetary contribution for recreation purposes for new dwelling units. See § 1017.
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(6)
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A note specifying which, if any, open space area(s), detention
pond(s), street(s), additional rights-of-way and any other areas are
being offered for dedication to Borough.
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(7)
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A note specifying any waivers granted by the Borough Council
from any sections of the subdivision and land development ordinance.
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D.
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For a new principal commercial, industrial or institutional
building, the applicant shall also submit a conceptual sketch or elevation
of the front facade of the building, with a description of intended
exterior materials of the front facade.
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[1]
Editor's Note: See 36 P.S. § 670-420.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1.
Deed Restrictions. The following supportive documents and information
shall accompany the final plan submission.
2.
Nondedicated (Private) Streets and Open Space Agreements. An agreement
for any street or common open space area not offered for dedication
shall state who is responsible for the improvement and maintenance
of such streets and/or common space areas. In the event a condominium
or homeowners association is to be responsible for said streets or
common open space, the developer shall remain responsible until such
association is legally organized and operational, unless specified
otherwise in a valid development agreement with the Borough.
3.
Utilities Agreements and Permits. Approval letter from the water
and sewage supplier and/or list of items that need to be completed
to obtain approval.
4.
Storm Drainage Calculations. All calculations sealed by a registered
professional relating to facilities appearing on the grading and storm
drainage plan shall be submitted for review by the Borough Engineer.
5.
The following items shall be provided by the applicant prior to recording
and prior to the completion of any development agreement:
A.
Development Statement and Schedule. A statement setting forth in
detail the character of the improvements the applicant proposes to
make on the property to be developed and a development schedule indicating
the approximate date when construction can be expected to begin and
to be completed.
B.
Legal Description. Legal descriptions of roadways, additional rights-of-way,
detention ponds, recreational/open space areas and easements to be
dedicated to the Borough.
C.
Highway Occupancy Permit. A highway occupancy permit shall be submitted
for work to be undertaken in any PennDOT right-of-way.
D.
Public Improvements. Forms provided by the Borough Engineer delineating
the amount of all public improvements.
