Borough of Middletown, PA Article II Plat Requirements and Processing Procedures

§ 238-4 Compliance required.

Whenever a subdivision or land development of land is desired to be effected, a plat of the layout of such subdivision shall be prepared, filed and processed according to the requirements of this chapter.

§ 238-4.1 County review.

Upon receipt by the Borough of the application and application fee, all applications for subdivision or land development shall be forwarded to the county Planning Commission for review and report, provided that the Borough shall not act on such applications until the county report is received or until the expiration of 30 days from the date the application was forwarded to the county, whichever first occurs.

§ 238-4.2 Properties owned by trusts or equitable owners.

[Added 5-3-2004 by Ord. No. 1176, approved 5-3-2004]

A. Applications for subdivision or land development of lands or property owned by or leased from a trust or an equitable owner shall include a letter attached to the application from the trustee(s) or equitable owner(s), or their authorized representative, stating the following:

(1) That the trustee(s) or equitable owner(s) are aware of the application for subdivision or land development;

(2) That the trustee(s) or equitable owner(s) have reviewed the application; and

(3) That the applicant(s) has authorization from the trustee(s) or equitable owner(s) to file the application for such subdivision or land development approval.

B. No applications for subdivision or land development of property owned by or leased from a trust or an equitable owner shall be accepted by the Borough without a letter pursuant to Subsection A above.

§ 238-5 Preapplication plans and data procedure.

A. Prior to the preparation and filing of the preliminary plat, the applicant shall submit to the Commission the following plans and data and shall ascertain from the Commission those elements which should be considered in the design of the subdivision. These shall include any features of the Borough's plan of future land use, thoroughfare plan, community facilities plan or of any plans of the Commission, including but not limited to proposed streets, recreation areas, drainage reservations, shopping centers and school sites.

B. At this stage, if the applicant's tract is located where a flood hazard exists, the following regulations shall apply:

(1) The applicant shall prepare a contour map of the proposed area with such contour intervals as the Engineer shall determine to be necessary and shall prepare drainage plans or flood control devices satisfactory to the Engineer whenever the Engineer shall consider that such are necessary. No plat shall be approved until the Engineer shall certify to the governing body that the proper plans for drainage and flood control have been made. In the event that the Engineer so certifies, he shall also present the governing body with cost estimates for the construction of such facilities.

(2) Land subject to flooding. Land subject to flooding and deemed to be topographically unsuitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.

(3) Adequate building site. To ensure that residents will have sufficient land upon which to build a house which is flood free, the Commission may require elevations and flood profiles. Each lot shall contain a building site which shall be completely free of the danger of floodwaters.

(4) Street elevation. The Commission shall not recommend approval of streets subject to inundation or flooding by water. All streets must be adequately located above the line of flood elevation to prevent isolation of areas by flood. Profiles and elevations of streets in areas subject to flooding are required.

C. In response to a written request by the applicant, the Commission may waive the requirement of preapplication plans and data, provided that no new streets are involved and that fewer than six lots are proposed in the total subdivision.

§ 238-6 Preapplication plans and data specifications.

Preapplication plans and data shall include the following:

A. General information describing or outlining existing covenants, land characteristics, community facilities and utilities and information describing the proposed subdivision, such as the number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas, other public areas, proposed protective covenants, proposed utilities and street improvements.

B. A location map showing the relationship of the proposed subdivision to existing community facilities which serve or influence it and shall include the development name, location of any existing facilities, traffic arteries, public or other schools, parks, playgrounds, utilities, churches, shopping centers, airports, hospitals, principal places of employment, title, scale, North arrow and date.

C. A topographic map, drawn to a scale of one inch equals 50 feet or less, showing:

(1) The proposed name of the subdivision.

(2) The name, address and phone number of the applicant.

(3) The name of the registered owner.

(4) The North point, scale and date.

(5) The name of the engineer, surveyor or other qualified person responsible for the map.

(6) The tract boundaries, with bearings and distances.

(7) The topography, with elevations based on datum approved by the Commission, and showing contours at vertical intervals of five feet unless the topography dictates two-foot intervals.

(8) The approximate location of watercourses, tree masses, rock outcrops and existing buildings and the actual location of sewers, inlets, water mains, easements, fire hydrants, railroads, existing or confirmed streets and their established grades.

(9) The adjacent streets.

D. A sketch plan, drawn on a print of the topographic map, showing in a simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions.

§ 238-7 Preliminary plat procedure.

A. Ten days prior to the meeting of the Borough's Planning Commission at which consideration is desired the applicant shall file nine copies of a preliminary plat of the proposed layout of the subdivision or land development with the Commission.

B. Upon filing of a preliminary plat, the Borough shall forward a copy of all documents to the Dauphin County Planning Commission pursuant to § 238-4.1 of this chapter.

C. The Planning Commission shall review the plat content in respect to completeness at its next regularly scheduled meeting. The Commission may submit copies of the plat to the Borough Engineer, public utilities or other public agencies as deemed necessary by the Commission.

D. The Planning Commission shall render a decision on the plat within 60 days after the plat filing date, or at a later date agreed to by the applicant, and submit copies of the plat documents and the Planning Commission's recommendations to the Borough Council for action.

E. The Borough Council shall approve, conditionally approve or disapprove the plat and shall communicate said decision to the applicant within 90 days from the first Commission meeting after the receipt of the plat. However, in no instance will the 90 days begin more than 30 days after the receipt of the plat. Said notice shall be in writing, shall specifically cite any condition of approval and/or any plat defects and shall be communicated to the applicant not later than 15 days following the decision. In the event that any alteration of requirements from this chapter is requested by the applicant or is deemed necessary by the Commission, the modification and the reasons for its necessity shall be entered in the records of the Commission.

F. When the plat is not approved in form as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in any case, cite the provisions of this chapter.

G. Failure of the Borough Council to render a decision and communicate it to the applicant within the prescribed time and in the manner described herein shall be deemed an approval of the application in terms as presented, unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of communication.

H. Before acting on any plat, the Borough Council may hold a public hearing pursuant to public notice.

I. Approval of the preliminary plat shall not constitute approval of the final plat by the governing body.

§ 238-8 Preliminary plat specifications.

A. The preliminary plat shall be drawn on a copy of the topographic map and shall show:

(1) The layout, names and widths of rights-of-way and cartways and paving of proposed streets, alleys and easements.

(2) The layout of lots, showing dimensions, lot numbers and approximate area of each lot.

(3) Parcels of land intended to be dedicated or reserved for schools, parks, playgrounds or other public, semipublic or community purposes.

B. The preliminary plat shall be accompanied by the following data and maps:

(1) A profile of each street, including grades at a minimum scale of 40 feet horizontal and four feet vertical.

(2) The location of existing and proposed utility mains.

(3) Location plans of proposed sanitary, stormwater or sewers and of any proposed water distribution system.

(4) A completed sewage Plan Revision Module for Subdivision or Land Development or equivalent information sufficient to comply with the applicable forms and/or regulations of the Pennsylvania Department of Environmental Protection shall be submitted.

(5) Applicants shall present evidence to the governing body or planning agency, as the case may be, that the subdivision or development is to be supplied with water by a certified public utility, bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a letter from the municipal authority and the municipal electric department, whichever is appropriate, shall be acceptable evidence.

(6) No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 2, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[1] before access to a state highway is permitted.

[1] Editor's Note: See 36 P.S. § 670-101 et seq.

C. In addition to the requirements set forth in § 238-5, the following information shall be required as part of the preliminary plan and shall be prepared by a registered engineer or surveyor:

(1) The name of the engineer, surveyor or other qualified person responsible for providing the information required in this section.

(2) A map showing the location of the proposed subdivision and/or land development with respect to the municipality's flood-prone areas, including information on but not limited to the regulatory flood elevations, boundaries of flood-prone areas, proposed lots and sites, fills, flood or erosion protective facilities and areas subject to special deed restrictions.

(3) Where the subdivision and/or land development lies partially or completely in a flood-prone area or where the subdivision and/or land development borders on a flood-prone area, the preliminary plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours at intervals of two or five feet, depending upon the slope of the land, and shall identify accurately the boundaries of the flood-prone areas.

§ 238-9 Final plat procedure.

A. Not later than five years after the date of approval of the preliminary plat, the applicant shall file with the Commission a final plat. Failure to comply with the time limitation herein provided shall make the approval of the preliminary plat null and void, unless an extension of time is requested by the applicant and, for good cause, granted by the governing body.

B. The final plat shall incorporate all the changes and modifications required by the Commission, otherwise it shall conform to the approved preliminary plat and it may constitute only that portion of the approved preliminary plat which the applicant proposes to record and develop at the time, provided that such portion conforms to all of the requirements of this chapter.

C. The final plat shall be drawn on a reproducible material on the topographic map. Forty-five days prior to the meeting of the governing body at which consideration is desired, the applicant shall file six copies of the final plat with the Commission.

D. Upon receipt by the Borough, applications for subdivision or land development shall be forwarded to the county Planning Commission for review and report together with a fee sufficient to cover the costs of the review and report which shall be by the applicant, provided that the Borough shall not approve such application until the county report is received or until the expiration of 30 days from the date the application was forwarded to the county.

E. Before approval of a final plat, the Borough Council must be assured of the completion of all improvements required by Article IV of this Subdivision and Land Development Ordinance or the Borough Council. Also assurance must be received by the Borough that phased land development not intended for the immediate erection of buildings where streets, curbs, gutters, streetlights, fire hydrants, water and sewage facilities and other improvements which may not be possible to install as a condition precedent to final approval of plats must be completed prior to the erection of buildings on lands included in the approved plat. Such assurance shall be by means of financial security deposited with appropriate municipal officials in sufficient amount to cover the costs of any improvements and be in the form of federally or commonwealth-chartered-institution irrevocable letters of credit or restrictive or escrow accounts in such lending institutions, or any other type of financial security which the Borough Council may approve. Such financial security shall be posted with a bonding company or federally or commonwealth-chartered lending institution chosen by the party posting the financial security, provided that such bonding company or lending institution is authorized to conduct such business within the commonwealth. Such financial security shall provide for improvements which may be required within one year of the date fixed in the subdivision plat for completion of such improvements.

(1) The amount of financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted. The cost of such improvements shall be established by submitting to the Borough Council a bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements. In the absence of such bona fide bids, the costs shall be established by an estimate prepared by the Borough Engineer. The municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed in this commonwealth and chosen mutually by the municipality and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is chosen, fees for the services of said engineer shall be paid equally by the municipality and the applicant or developer.

(2) If the party posting the financial security requires more than one year to complete the required improvements, the amounts of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date of the posting of the financial security or to an amount not exceeding 110% of the cost of completion of the required improvements as reestablished on or about the expiration of the preceding one-year period, through the use of the above bidding procedure. Where development is projected over a period of years, the Borough Council may authorize submission of final plats by sections 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 the development.

(3) As the work of installing the required improvements proceeds, the party posting the financial security may, from time to time, request the Borough Council to release or authorize the release of 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 Borough Council. Borough Council shall then have 45 days from receipt of such request in which the Borough Engineer shall certify to Borough Council, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, Borough Council shall authorize release by the bonding company or lending institution of an amount fairly representing the value of the improvements completed, as estimated by the Borough Engineer. If Borough Council fails to act within the forty-five-day period, it shall be deemed to have approved the release of funds as requested. Prior to final release at the time of completion and certification by its Engineer, Borough Council may require retention of 10% of the estimated cost of the aforesaid improvements.

(4) Where the Borough Council accepts dedication of all or some of the required improvements following completion, it may require the posting of financial security for a term not to exceed 18 months from the date of acceptance of dedication to secure the structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat. 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 such financial security shall not exceed 15% of the actual cost of installation of said improvements.

(5) If sanitary sewer lines, 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 of Middletown, 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.

(6) If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the 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 plat, upon actual completion of the improvements depicted on the approved final plat. If financial security has been provided, occupancy certificates for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted on the approved plat either on 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.

(7) When the developer has completed all of the required improvements, the developer 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.

(a) Within 10 days after receipt of such notice, the Borough Council shall direct and authorize the Borough Engineer to inspect all of the required improvements.

(b) The Borough Engineer shall thereupon file a written report with Borough Council and shall promptly mail a copy of the same to the developer by certified or registered mail. Within 30 days after the Borough Engineer receives authorization for inspection from Borough Council, the report shall be made and mailed.

(c) The 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 or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for nonapproval or rejection.

(d) The Borough Council shall notify the developer, in writing, by certified or registered mail, of its action with relation thereto.

(e) 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 developer shall be released of all liability pursuant to its performance guaranty.

(f) If any portion of the improvement shall not be approved or shall be rejected by Borough Council, the developer shall proceed to complete the same, and, upon completion, the same procedure of notification as contained herein shall be followed.

F. Borough Council shall determine whether the final subdivision plat shall be approved or disapproved and shall give notice to the applicant in the following manner:

(1) Before Borough Council acts on any final subdivision plat the Planning Commission shall review any final plat at its next regularly scheduled meeting to occur not more than 30 days from the date the application is filed. Upon review, the recommendations of the Commission shall be forwarded to Borough Council for further action, and, after notice to the public, the Borough Council may hold a public hearing.

(2) The Borough Council shall determine whether the final plat shall be approved or disapproved and shall notify the applicant, in writing, not later than 15 days following the decision. If the final plat is approved with conditions or disapproved, a statement of reasons for such action shall be included with the notification to the applicant.

(3) Borough Council shall act on any such final plat not later than 90 days following the date of the Planning Commission meeting which referred the matter to Borough Council. In the event that any alteration of requirements from this chapter is requested by the applicant or is deemed necessary by the Commission for approval, the alteration and the reason for its necessity shall be entered in the records of the Commission.

(4) When the application is not approved as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter.

(5) Failure of Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner for communication of the decision, in which case failure to meet the extended time or change in manner of communication shall have like effect.

(6) No changes, erasures, modifications or revisions shall be made on any final plat of a subdivision after approval has been given by the governing body and endorsed, in writing, on the plat unless the plat is first resubmitted to the governing body. Before acting on any subdivision plan, the Council may conduct a public hearing after giving such notice as the Council may deem necessary in each case.

(7) Within 90 days after the date of approval by the governing body of the final plat, the owner shall record an approved duplicate copy thereof in the office of the Recorder of Deeds of Dauphin County and shall forthwith file with the governing body a Recorder's certificate that the approved plat has been recorded, with the deed book and page numbers indicated, and two copies of the recorded plat, containing the time stamp of the office of the Recorder of Deeds of Dauphin County.

(8) After a subdivision or land development plan shall have been officially recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of the official plan of the Borough. Streets, parks and other public improvements shown on a subdivision plan to be recorded may be offered for dedication to the Borough by formal notation thereof on such plan, or the owner may note on such plan that such improvements have not been offered for dedication to the Borough. Every street, park or other improvement shown on a subdivision plan that shall have been recorded as provided herein shall be deemed to be a private street, park or improvement until such time as the same shall have been offered for dedication to the Borough and accepted, by ordinance or resolution, or until it shall have been condemned for use as a public street, park or other improvement.

(9) The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plat.

(10) In accordance with Section 508(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] when an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect the right of the applicant to commence or to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.

[1] Editor's Note: See 53 P.S. § 10508(4).

§ 238-10 Final plat specifications.

The final plat shall show:

A. Primary control points approved by the Engineer or description and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.

B. Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.

C. The name and right-of-way width of each street or other right-of-way.

D. The location, dimensions and purposes of easements.

E. A number to identify each lot and/or site and proposed street number of each lot.

F. The purpose for which sites other than residential lots are dedicated or reserved.

G. Building lines on all lots and other sites.

H. The location and description of survey monuments. All permanent reference monuments shall be shown by an "X" on the plat.

I. The names of record owners of adjoining unplatted land.

J. Reference to recorded subdivision plats of adjoining platted land by record name, date and number.

K. Certification by a licensed surveyor or licensed engineer certifying to accuracy of survey and plat.

L. Certification of title showing that the applicant is the owner of the land.

M. A statement by the owner dedicating streets, rights-of-way and any sites for public uses if such are to be dedicated.

N. Text of proposed protective covenants running with the land, if any.

O. Proposed contours, at vertical intervals, as required by the Commission.

P. Other data. The plat shall be accompanied by the following data in a form prescribed by the engineering specifications:

(1) Profiles of streets and alleys showing grades at a minimum scale of 40 feet horizontal and four feet vertical.

(2) Cross sections of streets and alleys showing the width of right-of-way, width of cartway, location and width of sidewalks and location and size of utility mains.

(3) The location and method of streetlighting facilities.

(4) Plans and profiles of proposed sanitary, stormwater or combined sewers, with grades and pipe sizes indicated, and a plan of any proposed water distribution system showing pipe sizes and location of valves, service connections and fire hydrants.

(5) The location, size and type of shade trees as approved by the Shade Tree Commission.[1]

[1] Editor's Note: The Shade Tree Commission was abolished 3-2-2015 by Ord. No. 1312.

(6) Such other certificates, affidavits, endorsements or dedications as may be required by the governing body in the enforcement of this chapter.

(7) A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed in flood-prone areas.

(8) A completed sewage Plan Revision Module for Subdivision or Land Development or equivalent information sufficient to comply with the applicable forms and/or regulations of the Department of Environmental Protection shall be submitted.

(9) Applicants shall present evidence to the governing body or planning agency that the subdivision or development is to be supplied with water by a certified public utility, bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a Certificate of Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

(10) No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 2, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[2] before access to a state highway is permitted.

[2] Editor's Note: See 36 P.S. § 670-101 et seq.