The following procedures and requirements shall apply to minor subdivisions only (see § 108-11, definition of "minor subdivision"). All other subdivisions and resubdivisions, regardless of the total number of lots involved, shall be processed as major subdivisions according to the procedures and requirements specified in §§ 108-14 through 108-19 of this chapter. Minor subdivisions shall not be subject to these particular requirements, but shall comply with the remainder of this chapter.
A.
Application requirements. Any person proposing to create a minor subdivision shall submit, along with plans required in Subsection B below, five (5) copies of an application for minor subdivision approval. This application may be in letter form and shall specify and/or include:
(1)
The name, address and telephone number of the property
owner of record and those of the subdivider, if different.
(2)
The name or number of the road where the proposed
subdivision is to be located.
(3)
The name, address and telephone number of the surveyor
or engineer preparing the subdivision plans.
(4)
The type of water supply proposed.
(5)
The type of sewer system proposed and permit number,
if granted.
(6)
Fee or receipt for the same from the Borough Planning
Commission Secretary.
B.
Plan requirements. The subdivider shall submit five
(5) copies of the final plan and required supplementary data for the
proposed subdivision. This plan shall be prepared by a registered
engineer or registered surveyor and shall show all the lots proposed
to be created. The final plan shall meet the following requirements:
(1)
The map shall be drawn at a scale compatible with
Pike County Tax Maps and shall be not less than eight and one-half
by eleven (8 1/2 x 11) inches nor more than thirty-six by forty-eight
(36 x 48) inches in size.
(2)
The names of all abutting property owners and the
size of any remaining acreages in the tract from which lots are being
taken shall be shown.
(3)
The map shall show the name of the Borough, the name
of the owner of record, North point, scale and date.
(4)
Soil types found on the site shall be shown unless
the lots involved are lot improvements or contain existing sewage
systems. Soil Conservation Service classifications shall be used.
(5)
Existing public roads shall be identified by traffic,
legislative route numbers or their posted Borough names and numbers
and private roads by their names and locations.
(6)
Proposed lot or parcel lines shall be drawn to scale
and dimensions given in feet and hundredths of a foot. Lot areas shall
be shown in square feet. The map shall depict the proposed subdivision
as a part of the contiguous holdings of the subdivider and show adjacent
lots already taken from the parcel.
(7)
A Planning Module for Land Development (or such other
comparable documentation as may be required by the Pennsylvania Department
of Environmental Resources), along with a soils evaluation by the
test pit method and/or other required supplemental data, shall be
reviewed by the Borough Sewage Enforcement Officer and submitted in
a form suitable for adoption by the Borough as a supplement to the
Borough Official Wastewater Disposal Plan.
C.
Procedures for minor subdivisions.
(1)
The subdivider shall submit the application for minor
subdivision approval, along with the required copies of the plan,
to the Planning Commission Secretary prior to the meeting of the Borough
Planning Commission at which action is desired. The Planning Commission
Secretary shall note receipt of the application and collect any fees
due.
(2)
A copy of the application shall also be forwarded,
at the time it is submitted to the Borough Planning Commission, to
the Pike County Planning Commission per requirements of the Pennsylvania
Municipalities Planning Code.[1] The subdivider shall assume this responsibility.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(3)
The Borough Planning Commission shall act on the application
no later than its second regular meeting following receipt of the
same, unless the application is determined to be incomplete and is
not accepted for filing. Incomplete applications shall be returned
to applicants by the Borough Planning Commission Secretary, with or
without the Planning Commission's advice, and shall be accompanied
by a written explanation of the items which are missing. The Commission
shall act on applications, making recommendations to the Borough Council,
which recommendations shall be in letter form or noted on the plats
submitted. One (1) copy shall be retained for Commission files and
the remainder returned to the Secretary.
(4)
The Borough Council shall approve or disapprove the
minor subdivision only after receiving the Planning Commission's recommendations
on the same, unless a period of forty-five (45) days has expired since
the filing date and no Planning Commission recommendations have been
received. The Council shall act no later than seventy-five (75) days
following the filing date.
(5)
The Council shall concurrently act on the proposed
supplement to the Official Wastewater Disposal Plan and shall communicate
its decisions, in writing, to the applicant within fifteen (15) days
following the action [within ninety (90) days following the filing
date], setting forth any reasons for disapproval if that should be
its decision.
A.
A sketch plan may be submitted to the Planning Commission
by the owner of any land to be subdivided or developed for the purpose
of classification and preliminary discussion of the proposed subdivision
or land development. No action will be taken by the Planning Commission
with respect to a sketch plan, and no discussions concerning the same
shall later be construed to have implied approval of any sort.
B.
Nine (9) copies of an application and preliminary plan shall be required for all proposed major subdivisions and land developments. The preliminary plan shall include all the items identified in § 108-16 below and shall be submitted to the Planning Commission Secretary, who shall note receipt of the application and collect any fees due. Copies shall be distributed in the manner provided for minor subdivisions. The Planning Commission shall review the preliminary plan to ascertain whether it complies with the requirements of this chapter. It may request the subdivider to submit additional information, make certain corrections or changes or advise the Borough Planning Commission Secretary to return the plan as incomplete and, therefore, not acceptable for filing.
C.
The Commission shall, no later than forty-five (45)
days following the filing date, make its recommendation for approval
or disapproval and submit five (5) signed copies of the preliminary
plan and accompanying Planning Module for Land Development to the
Borough Council. The Borough Council shall make its decision regarding
the preliminary plan within thirty (30) days of its receipt from the
Planning Commission and communicate that decision, in writing, to
the applicant within fifteen (15) days [ninety (90) days total from
the filing date], setting forth any reasons for disapproval should
that be the decision.
D.
The Borough Council shall concurrently make its decision
with respect to the Planning Module for Land Development to revise
or supplement its Official Wastewater Facilities Plan, and if approval
is granted, said revision or supplement will promptly be forwarded
to the DER. Preliminary approval shall be conditional upon DER acceptance
of the proposed revision.
E.
Applications for subdivision and land development
shall also be concurrently forwarded to the Pike County Planning Commission
for a review, together with a fee (if one is required) sufficient
to cover the costs of the review, which fee shall be paid by the applicant.
The subdivider shall assume this responsibility.
F.
After receiving approval of a preliminary plan (or when conditions are removed), the subdivider shall install or guarantee installation of the improvements required by this chapter and commence the preparation of final plans. In the absence of actual installation of improvements, the subdivider may otherwise guarantee them according to the requirements of § 108-17.
G.
Following the installation and inspection of improvements
or preparation of satisfactory guaranties for their installation and
maintenance, the subdivider may submit final plans to the Borough,
which shall be processed in the same manner as preliminary plans.
Final plans may be submitted in stages. However, no preliminary plan
(or portions of such plan) shall remain valid for development of final
plans after a period of five (5) years from preliminary approval,
and no final plans will be accepted for any subdivision or land development
for which the DER has not approved the necessary revision to the Official
Wastewater Disposal Plan.
H.
Following approval of the final plan by the Borough
Council, the subdivider shall, within ninety (90) days, officially
record the final plan in the office of the Pike County Recorder of
Deeds. Failure to do so will render the plan void and the subdivider
shall resubmit the plan for approval, including any filing fees required.
The sketch plan should be at a scale sufficient
to show the entire tract on one (1) sheet and should show or include
the following:
A.
The location of that portion which is to be subdivided
in relation to the entire tract.
B.
All existing structures and wooded areas within the
portion to be subdivided.
C.
The name of the owner and of all adjoining property
owners as disclosed by the most recent deed or tax records.
D.
All streets or roads, drainageways, catch basins,
storm sewers, streams, water, sewage and gas and power lines within
two hundred (200) feet of the subdivision.
E.
The tentative layout of the remainder of the tract
owned by the subdivider.
F.
North Point, scale and date.
G.
A location map with sufficient information to enable
the locating of the property.
A.
The preliminary plan shall be clearly and legibly
drawn at a scale compatible with Pike County Tax Maps. Maps shall
be not less than eight and one-half by eleven (8 1/2 x 11) inches
nor more than thirty-six by forty-eight (36 x 48) inches in size and
shall show the entire tract to be divided.
B.
The plans will contain the following information:
(1)
Proposed name of the subdivision. This name shall
not duplicate in spelling or pronunciation any recorded subdivision
within Pike County.
(2)
Location by Borough, county and state. The plan should
also include Tax map numbers for affected and adjacent parcels.
(3)
North point, date and graphic scale.
(4)
Boundaries of total tract and acreage contained within
it.
(5)
Locations, names and widths of rights-of-way of all
streets, widths of utility rights-of-way, parks and public grounds,
permanent buildings in or adjacent to the subdivision which will have
an effect on the design and all open space easements.
(6)
Approximate locations of existing sanitary sewers,
public water mains, storm sewers, electric power and transmission
lines, gas lines and all other items above or below ground with direction
of flow and pressure.
(7)
Names of owners of abutting properties and lines showing
where they intersect.
(8)
Existing contours at intervals of at least every twenty
(20) feet. United States Geological Survey maps may suffice for the
basis of this item. The Borough reserves the right to request greater
detail when the scope or nature of the development demands the same,
particularly in regard to stormwater concerns.
(9)
Proposed layout of streets, alleys and other public
rights-of-way, including widths and proposed names which shall not
duplicate existing names by spelling or pronunciation. The street
proposals shall be accompanied by a submission of plans as required
by Borough Road and Street Encroachment Ordinances (if either shall
exist), including profiles, cross sections and preliminary designs
for bridges and culverts.
(10)
The proposed layout, numbering and approximate
dimensions and acreage of lots.
(11)
Parcels to be dedicated to the public or reserved
for their use or to be reserved by covenant for residents shall be
shown and marked as such.
(12)
Building setback lines. Where lots are located
on a curve or side lines are not parallel, the width at the building
line shall be shown.
(13)
All drainage easements shall be shown and marked
as such.
(14)
Approximate final grades in areas of cut or
fill shall be shown.
(15)
Any lots designated for uses other than residential
shall be indicated.
(16)
Proposed covenants and restrictions.
(17)
The subdivider shall present a letter from each
utility company servicing the area indicating that the utility company
is aware of and will provide service to the proposed subdivision.
(18)
Erosion and sedimentation plan prepared in cooperation
with the Pike County Conservation District (where required).
(19)
Stormwater management plan prepared in cooperation
with the Pike County Conservation District (where required).
(20)
Planning Module for Land Development, along
with all information required in order to approve as a revision or
supplement to the Official Plan.
(21)
All applicable zoning data.
(22)
A properly executed application on a form provided
by the Council.
[Amended 11-1-2005 by Ord. No. 281]
A.
Methods to be followed.
(1)
After approval of the preliminary plan, the subdivider,
in a manner consistent with the Pennsylvania Municipalities Planning
Code,[1] shall provide for the installation of the required improvements
(those physical additions and changes which may be necessary to provide
usable and desirable lots). Before requesting final plan approval,
the subdivider must:
(a)
Install all the improvements approved on the Preliminary Plan and required in Article IV at the standards required; or
(b)
File with the Secretary of the Borough a performance
guaranty to insure installation and construction of all required improvements
at the standards required. Such guaranty shall meet with the approval
of the Borough Solicitor as to form and procedure.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
The subdivider shall meet with the Borough Engineer
to develop a schedule, so that at the time each improvement is to
be installed and upon its completion, adequate inspections can be
made.
B.
Performance guaranty. This section is designed to
be consistent with Sections 509 through Section 511 of the Pennsylvania
Municipalities Planning Code,[2] and the Borough hereby incorporates all authorities and
requirements contained therein as part of this chapter.
(1)
Posting. The performance guaranty must be approved
by the Council with the advice of the Borough Solicitor and Borough
Engineer and must:
(a)
Be a corporate surety bond, certified check
or other security, provided that the same is satisfactory to the Council
and consistent with the requirements of the Pennsylvania Municipalities
Planning Code.
(b)
Be payable to the Borough of Matamoras.
(c)
Be in an amount sufficient to complete the improvements
in compliance with these and other Borough regulations plus expected
cost increases as provided in the Municipalities Planning Code.[3] A statement of specifications and costs of improvements
certified by the Borough Engineer or other qualified individual designated
by the Borough shall be provided.
[3]
Editor's Note: See 53 P.S. § 1010
et seq.
(d)
In the case of cash or its equivalent, be held
in an escrow fund in the name of the Borough.
(e)
Specify a satisfactory completion date for improvements
which shall not be more than one year from the date of the final approval.
Provisions may also be made, pursuant to the aforementioned Code,
for completion of improvements in phases or over a longer period,
in cases of large developments.
(2)
Return. When the required improvements have been completed
and approved for conformity with these and other Borough regulations
by the Borough Engineer or other qualified individual designated by
the borough and accepted by the Borough Council, the guaranty must
be released and returned, pursuant to Section 510 of the Pennsylvania
Municipalities Planning Code.[4] When any of the required improvements have been completed
and approved or materials for the same have been secured on-site,
a portion of the security commensurate with the cost of these improvements
as confirmed by the Borough Engineer may be released and returned.
[4]
Editor's Note: See 53 P.S. § 10101
et seq.
(3)
Default. In the event of default, the obliger and
surety shall be liable thereon to the Borough for the cost of the
required improvements or parts thereof not installed. If proceeds
of such bond or other security are insufficient to pay the cost of
installing or making repairs or corrections to all the required 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 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
developer, or both, shall be used solely for the installation of the
required improvements covered by such security and not for any other
municipal purpose.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
Fees to cover inspection and related costs. Prior to the certification of any improvements or release of any guaranty, the subdivider shall pay all inspection and related costs (for professional consultant services, meetings, advertisements and expenses) associated with the improvements or guaranties. The costs will be assessed as a special fee apart from the regular fees provided for in § 108-20 of these regulations. Said payment shall be made to the Borough. In the event that payment in full has not been received by the Borough of all fees within 15 days after the invoice for same has been mailed or issued, the Borough may, in its discretion, withhold the release of the guaranty and provide no reason for such action other than the nonpayment of the appropriate fees unless the subdivider has filed notice pursuant to the MPC that it disputes the consultant's fees.
[Amended 11-1-2005 by Ord. No. 281]
A.
The final plan shall be drawn on new, permanent, transparent
material. The plan shall be prepared on one (1) or more sheets of
a uniform size and scale coinciding with those used on Tax Maps for
Pike County. Final plan attachments and exhibits shall be numbered
and labeled in accordance with the requirements of this section and
a subdivision checklist to be developed by the Borough. The final
plan shall include, in addition to the information required for the
preliminary plan submission, the following:
(1)
Exact locations, widths and names of all streets and
all crosswalks within the subdivision.
(2)
Complete curve data for all curves included in the
plan.
(3)
Exact descriptions of all easements being provided
for services or utilities in the subdivision, and any limitations
placed on the use of such easements.
(4)
Accurate outlines of any lots or areas to be reserved
or dedicated for common use by residents of the subdivision or for
general public use, with the purpose indicated thereon.
(5)
Front building lines, shown graphically with dimensions.
(6)
A final version of all restrictions and covenants,
if any, the developer intends to place in the deeds to the lots in
the subdivision. If no such restrictions or covenants are to be imposed,
a statement to that effect shall be included.
(7)
The total tract boundary lines of the area being subdivided,
with accurate distances to hundredths of a foot and bearings to one
(1) minute. These boundaries shall be determined by accurate survey
in the field, which shall be balanced and close with an error of closure
not to exceed one (1) foot in twenty thousand (20,000) feet; provided,
however, that the boundary(s) adjoining additional unplatted land
of the subdivider (for example, between separately submitted final
plan sections) are not required to be based upon field survey and
may be calculated. The location and elevation of all boundary line
(perimeter) monuments shall be indicated, along with a statement of
the total area of the property being subdivided. In addition, the
engineer or surveyor shall certify, using the form specified in the
Appendix,[1] to the accuracy of the survey, the drawn plan and the
placement of the monuments.
[1]
Editor's Note: Said appendix is on file in
the Borough offices.
(8)
A certificate signed by the project engineer indicating
that all improvements have either been installed and approved by the
proper officials or agencies or that a guaranty in an amount satisfactory
to the Borough Engineer or other qualified individual designated by
Borough Council and sufficient to ensure their installation has been
submitted to the Borough.
(9)
Complete final construction plans and profiles of
installed or proposed storm drains, with grades and pipe sizes.
(10)
Complete final construction plans of installed
or proposed public water distribution systems showing pipe sizes and
locations of valves and fire hydrants, if any, unless private wells
are to be used.
(11)
Evidence of actual arrangements made with utility
companies or agencies for supplying each lot in the subdivision.
(12)
A key map for the purpose of locating the site
to be subdivided, at a scale of not less than two thousand (2,000)
feet to one (1) inch, showing the relation of the property to adjoining
property and to all streets, roads and municipal boundaries existing
within one thousand (1,000) feet or any part of the property proposed
to be subdivided. United States Geological Survey quadrangle maps
may suffice as a base for such a key map.
(13)
Approval blocks for signature of the Borough
Planning Commission and the Borough Council shall appear on the first
sheet of the set of plans. The responsible officials will also sign
a set of reproducible drawings on Mylar or comparable material.
(14)
A statement that Erosion and Sedimentation and
Stormwater Management Plans, as required, have been prepared and,
where appropriate, approved by the Pike County Conservation District.
B.
Each final plan submission shall, in addition to the
items required above, include new submissions of preliminary plan
data in any instance where there has been a change in the plans or
the circumstances surrounding them.
A.
In cases of lot improvement subdivisions, wherein
a parcel of land is added to an existing lot for the purposes of increasing
the size of the existing lot or a number of small lots are resubdivided
or realloted so as to make a lesser number of larger lots, the provisions
of this chapter shall be waived, provided that:
B.
After the Planning Commission shall have determined that the conditions for a lot improvement waiver have been met, it shall notify the Borough Council of such determination and the Borough Council shall sign the plans at its next regular meeting. The following notation shall be placed on the plans which are processed as a waiver under this action: "Action is granted for recording purposes only in accordance with Section 2.700 of the Subdivision and Land Development Regulations (§ 108-19 of Ch. 108, Subdivision of Land)."
[Amended 11-1-2005 by Ord. No. 281]
A.
At the time an application for subdivision approval
is filed, a fee shall be paid to the Borough by the subdivider; such
fee to be determined from a schedule of fees as adopted by the Borough
Council by resolution. The Borough shall also be empowered to charge
an applicant for expenses incurred by either the Planning Commission
and/or Borough Council for professional fees as a result of professional
work required on behalf of said Commission and/or Council, as the
result of the filing of an application seeking approval by either
the Planning Commission and/or Borough Council.
B.
These fees shall include, but will not be limited
to legal, engineering and consultant fees. The professionals employed
at the request of either Planning Commission and/or Borough Council
will submit a written voucher for work performed on an hourly basis,
which fees have been approved by the Borough Council. Payment of fees
by the applicant shall be a prerequisite for approval of the application,
but shall be paid regardless of whether approval is granted or denied.
C.
The applicant shall be invoiced for all fees promptly
by the Borough. In the event that payment in full has not been received
by the Borough of all fees within 15 days after the invoice for same
has been mailed or issued, the Borough may, in its discretion, deny
the pending application and provide no reason for the denial other
than the nonpayment of the appropriate fees unless the subdivider
has filed notice pursuant to the MPC that it disputes the consultant’s
fees.
D.
The application, amended as may be required to bring
it into compliance under the Subdivision Ordinance, may be resubmitted
to the Borough Council within 30 days after denial, and upon remittance
of said fees. At expiration of the thirty-day limitation, the application
will then be considered to be a new application, and subject to regulations
as set forth herein. No new application will be accepted for filing
by the Borough prior to payment of all fees incurred for the application
at the current or any prior stage.
