The following procedures and requirements shall apply to minor subdivisions only. (See Article VI, Terminology.) All other subdivisions, regardless of the total number of lots involved, shall be processed as major subdivisions according to the procedures and requirements specified in §§ 183-13 through 183-18 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, seven copies of a letter of intent for minor subdivision approval. This letter 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
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 Secretary.
(7)
The type and number of structures proposed, or existing,
for the subdivision.
(8)
A brief narrative describing the intent and purpose of
the subdivision.
B.
Plan requirements. The subdivider shall submit seven
copies of the final plan and required supplementary data for the proposed
subdivision. This plan shall be prepared by a registered professional land
surveyor, licensed in the Commonwealth of Pennsylvania, and shall show all
lots proposed to be created. The final plan shall meet the following requirements:
(1)
The map shall, when possible, be drawn at a size compatible
with Wayne County tax maps and shall be not less than 11 inches by 17 inches,
nor more than 24 inches by 36 inches in size.
(2)
The names of all abutting property owners and the size
of any remaining acreage in the tract from which lots are being taken shall
be shown.
(3)
The map shall show the name of the municipality, name
of the owner of record and subdivider, North point, graphic scale, legend
and date.
(4)
Significant topographical and physical features as well
as soil types found shall be shown. The classifications contained in the Wayne
County Soil Survey shall be used. (Not required if serviced by the Honesdale
Borough sewer treatment system.)
(5)
Existing public roads shall be identified by traffic
or legislative route numbers, street names, and private roads by their posted
names and numbers. The right-of-way width of all streets should be noted on
the plan.
(6)
Proposed lot or parcel lines shall be drawn to scale
and dimensions given in feet and hundredths of a foot, as well as accurate
bearings. Lot areas shall be shown in acres or 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 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. If central
sewage is to be utilized, a letter from the Sewer Authority which states the
Authority can adequately serve the subdivision shall be submitted with the
plan at this time.
(8)
A notice that application to either Honesdale Borough
or the Pennsylvania Department of Transportation is required. The notice shall
read as follows: "Highway occupancy permits are required for access to roads
under the jurisdiction of Pennsylvania Department of Transportation pursuant
to the State Highway Law (P.L. 1242, No. 428, Section 420) or for access to
roads under the jurisdiction of Honesdale Borough pursuant to Honesdale Borough
Ordinance No. 410, Road Encroachment."[1]
(9)
A location map inset at a scale of one inch equals 2,000
feet shall be provided. A United States Geological Survey (USGS) map or equal
is acceptable.
(10)
Tax map numbers and deed references shall be provided
for any parcels shown.
(11)
Building setback lines shall be either depicted graphically
or listed.
(12)
A wetland location map inset at a scale of one inch equals
2,000 feet shall be provided. A USF&WS National Wetland inventory map
or equal is acceptable.
(13)
All applicable zoning data shall be shown.
(14)
All plans shall be sealed and signed by the surveyor
completing the work.
(15)
Floodplain boundaries, if applicable, and evidence of
compliance with borough, state and federal floodplain management requirements.
C.
General procedures.
(1)
The subdivider shall submit the application for minor
subdivision approval, along with the required copies of the plan, to the Borough
Secretary at least 14 days prior to the Borough Planning Commission's
regularly scheduled monthly meeting.
(2)
The Planning Commission, after reviewing the plan and
determining the application to be complete and lacking any detrimental findings,
shall note receipt of the plan and direct the applicant to take one copy of
the application directly to the Wayne County Planning Department. The Commission
will sign and date a form provided by the Commission authorizing the applicant
to submit the application to the Wayne County Department of Planning on behalf
of the Borough of Honesdale. The applicant must submit the copy of the application,
together with a fee sufficient to cover the costs of review, to the Wayne
County Department of Planning no later than seven calendar days from the Honesdale
Borough Planning Commission's meeting at which the application was on
the agenda. (Checks shall be made payable to the Wayne County Department of
Planning.) The borough will request that the Wayne County Department of Planning
have a review and report period not to exceed 30 days as per the requirements
of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
The Planning Commission, where appropriate, shall also
forward a copy of the application to the Borough Code Enforcement Officer(s),
Borough Engineer, Borough Stormwater Management Officer and other agencies
for analysis of its compatibility with this and other Honesdale Borough ordinances.
Incomplete applications shall be returned to applicants by the Planning Commission,
with or without the other review agencies' advice, and shall be accompanied
by a written explanation of the items which are deficient.
(4)
The Borough Planning Commission, at its next regular
meeting, shall review the recommendation of the review agencies and recommend
to approve or disapprove the minor subdivision. The plan, together with the
Planning Commission's recommendation, shall then be forwarded to the
Borough Council for its review. All review agencies shall make recommendations
to the Council, which recommendations shall be in letter form or noted on
the plats submitted.
(5)
The Council shall act no later than 90 days following
the filing date. The Council shall decide to approve or disapprove the minor
subdivision and supplement to the Official Plan only after receiving the Planning
Commission's recommendation on the same.
(6)
The Council shall concurrently act on the proposed supplement
to the Official Wastewater Disposal Plan and shall communicate its decision
in writing to the applicant within 15 days following the action (within 90
days following the filing date), setting forth any reasons for disapproval,
if that should be its decision.
A.
Sketch plan procedures. A sketch plan may be submitted
to the borough 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 borough with respect to
a sketch plan, and no discussions concerning the same shall later be construed
to have implied approval of any sort.
B.
Preliminary plan procedures.
(1)
Nine copies of a letter of intent and preliminary plan shall be required for all proposed major subdivisions and land developments. The preliminary plan shall include all the items identified in § 183-15 below and shall be submitted with an application for major subdivision approval, along with the required copies of the plan, to the Borough Secretary at least 14 days prior to the Borough Planning Commission's regularly scheduled monthly meeting.
(2)
The Planning Commission, after reviewing the plan and determining the application to be complete and lacking any detrimental findings, shall note receipt of the plan and forward the plan to the Wayne County Department of Planning in the same manner provided for as minor subdivisions in § 183-12C. Preliminary plans shall be processed in the same manner as minor subdivision plans.
(3)
The Planning Commission and Borough Engineer 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 return the plan as incomplete and,
therefore, not acceptable for filing.
(4)
The review agencies (other than the Wayne County Planning
Commission) shall, no later than 45 days following the filing date, make their
recommendations and submit a report to the Council.
(5)
Time limits to approve major subdivisions shall correspond with § 183-12C of this chapter and with Section 508 of the Pennsylvania Municipalities Planning Code.[1] The Council shall render its decision not later than 90 days following
the date of the regular meeting of the Planning Commission next following
the date the application was filed, provided that, should the next regular
meeting occur more than 30 days following the filing of the application, the
ninety-day period shall be measured from the 30th day following the day the
application has been filed.
[1]
Editor's Note: See 53 P.S. § 10508.
(6)
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 § 183-16.
(7)
The Board shall concurrently make its decision with respect
to the planning module for land development to revise or supplement its Official
Plan, and, if approval is granted, said revision or supplement will promptly
be forwarded to the Department of Environmental Protection (DEP). Preliminary
approval shall be conditional upon DEP's acceptance of the proposed revision,
and immediately null and void approval if DEP approval is not granted.
C.
Final plan procedures.
(1)
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 years from preliminary
approval, and no final plans will be approved for any subdivision or land
development for which DEP has not approved the necessary revision to the Official
Wastewater Disposal Plan.
(2)
When an application for approval of a plat, whether preliminary
or final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in the zoning,
subdivision or other governing ordinance or plan shall be applied to affect
adversely 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.
(3)
Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary approval,
the terms shall be construed in the light of the provisions governing ordinances
or plans as they stood at the time when the application for such approval
was duly filed.
(4)
Where the landowner has substantially completed the required
improvements as depicted upon the final plan within the aforesaid five-year
limit, or any extension thereof as may be granted by the Council, no change
of municipal ordinance or plan enacted subsequent to the date of filing of
the preliminary plan shall modify or revoke any aspect of the approved final
plat pertaining to zoning classification or density, lot, building, street
or utility location.
(5)
In the case of a preliminary plan calling for the installation
of improvements beyond the five-year period, a schedule shall be filed by
the landowner with the preliminary plan delineating all proposed sections
as well as deadlines within which application for final plat approval of each
section are intended to be filed. Such schedule shall be updated annually
by the applicant on or before the anniversary of the preliminary plan approval,
until final plan approval of the final section has been granted, and any modification
in the aforesaid schedule shall be subject to approval of the Council is its
discretion.
(6)
Following approval of the final plan by the Council,
the subdivider shall, within 90 days, officially record the final plan in
the Office of the Wayne 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 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 and within 50 feet thereof.
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, streams, water, sewage and gas
and power lines within 500 feet of the subdivision.
E.
The tentative layout of the remainder of the tract owned
by the subdivider.
F.
North point, graphic scale, date and name/address of
subdivider and landowner.
G.
A location map with sufficient information to enable
the locating of the property. A USGS map is sufficient.
A.
The preliminary plan shall be clearly and legibly drawn
at a scale compatible with Wayne County tax maps. Maps shall be not less than
11 inches by 17 inches nor more than 24 inches by 36 inches in size and should,
when possible, 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 Wayne
County. The name and address of the landowner and subdivider shall also be
provided.
(2)
Location by municipality, county and state. The plan
shall also include tax map numbers for affected and adjacent parcels and a
one-inch-equals-two-thousand-foot location map.
(3)
North point, date and graphic scale. The title block
should note "preliminary plan."
(4)
Boundaries of total tract and acreage contained within
it, plus deed book references. If there is any remaining acreage, it should
be noted.
(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.
Approximate location of proposed sanitary sewers, water, storm sewers and
utility lines with any design details determined to be needed by the Borough
Engineer.
(7)
Names of owners of abutting properties and lines showing
where they intersect.
(8)
Existing contours at intervals of at least every five
feet. The borough reserves the right to request greater detail when the scope
or nature of the development demands the same. Significant topographical and
physical features should be shown.
(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 the Borough Road Ordinance, including profiles, cross sections and preliminary designs for bridges and culverts. Proposed streets will also be subject to review for compliance with § 183-28 of this chapter.
(10)
The proposed layout, numbering, 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 or the developer,
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)
Evidence of water supply. In cases where no public water
supply is planned as part of the subdivision, the subdivider shall supply
acceptable evidence of the availability of other potable water sources. This
evidence may be in the form of logs from test wells by the subdivider or logs
from existing wells established by professional well drillers.
(18)
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.
(19)
A letter from the Wayne County Conservation District
indicating that an erosion and sedimentation plan has been approved for the
proposed project.
(20)
A stormwater management plan.
(21)
Planning module for land development, along with all
information required in order to approve as a revision or supplement to the
Official Plan.
(22)
All applicable zoning data.
(23)
Approved permits from Honesdale Borough and/or the Pennsylvania
Department of Transportation for street encroachment or highway occupancy.
(24)
Floodplain boundaries, if applicable, and evidence of
compliance with borough, state and federal floodplain management requirements.
(25)
Wetland boundaries, if applicable, and evidence of compliance
with borough, state and federal rules and regulations pertaining to such.
(26)
The name, title, address, original signature and seal
of the professional responsible for preparing plans shall appear on each sheet.
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 III 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 to 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 Attorney and Engineer, and must:
(b)
Be payable to the municipality in which the subdivision
is located.
(c)
Be in an amount sufficient to complete the improvements
in compliance with these regulations, and any other applicable borough regulations,
plus expected cost increases as provided for in the Pennsylvania Municipalities
Planning Code.
(d)
In the case of cash, or its equivalent, be held in an
escrow fund in the name of the municipality.
(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 improvements have been completed and
approved for conformity with these regulations, and any other applicable borough
regulations, by the Borough Engineer or other qualified individual, the guaranty
must be released and returned. 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
may be released and returned.
(3)
Default. In the event of default, the obligor and surety
shall be liable thereon to the borough for the cost of the 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 or part of the subdivision or land development, the borough 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 improvements
covered by such security and not for any other municipal purpose.
[2]
Editor's Note: See 53 P.S. §§ 10509 to 10511.
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 services, meetings, advertisements and expenses) associated with the improvements or guaranties. These costs will be assessed as a special fee apart from the regular fees provided for in § 183-19 of these regulations. Said payment shall be made to the Honesdale Borough Council.
D.
Maintenance bond. Where improvements are being dedicated
to the borough, the subdivider shall comply with the applicable requirements
of any other borough ordinances governing dedication of improvements and submit
a maintenance bond or other approved performance guaranty to guarantee maintenance
and repair of those improvements for 18 months from the date of dedication.
The maintenance bond shall generally be a maximum of 15% of the costs of improvements,
subject to approval of the Council.
A.
The final plan shall be prepared on one or more sheets
of not more than 24 inches by 36 inches in size, coinciding with requirements
of the Wayne County Recorder of Deeds. 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)
Building setback 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 distance to hundredths of a foot and beaming to one minute.
These boundaries shall be determined by accurate survey in the field; 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 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 surveyor shall
certify the placement of the monuments.
(8)
The final plan shall contain a certificate signed by
the responsible design professional 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 and sufficient
to ensure their installation has been submitted to the borough.
(9)
Complete final construction plans of installed or proposed
public sanitary sewage disposal systems and storm drains, with grades and
pipe sizes, unless private septic tanks are to be used.
(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. A letter or contract
committing to service shall be required.
(12)
A key map for the purpose of locating the site to be
subdivided at a scale of not less than 2,000 feet to one inch, showing the
relation of the property to adjoining properties and to all streets, roads
and municipal boundaries existing within 4,000 feet of any part of the property
proposed to be subdivided. USGS quadrangle maps may suffice as a base for
such a key map.
(13)
Blank approval blocks for the Borough Planning Commission
and the Borough Council shall be stamped and signatures shall appear on every
sheet of the set of plans.
(14)
A statement that an erosion and sedimentation plan, as
required, has been prepared and approved by the Wayne Conservation District.
(15)
Copies of street encroachment/highway occupancy permits.
(16)
A statement that the stormwater management plans and
facilities, where required, have been reviewed by the Borough Engineer and
found to be in compliance with applicable regulations.
(17)
The title block should indicate "final plan."
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.
Lot improvement subdivisions shall be exempt from the normal procedure
requirements of this chapter and require no waivers as to minimum lot size
standards. Instead, all lot improvement subdivisions shall be concurrently
forwarded, upon receipt, to Borough and County Planning Commissions for a
thirty-day review opportunity and then acted upon as final plans by the Council
within an additional 30 days. To qualify as a lot improvement, the subdivision
shall:
B.
Not reduce the ability of the lot from which the improvement
parcel is taken to comply with the applicable standards of this chapter.
C.
Include a map restriction to the effect that the improvement
parcel will never be considered a separate building lot apart from the tract
to which it is being added.
D.
Provide a deed indicating the properties being joined
as one parcel. The applicant is also required to file said deed in the Wayne
County Register and Recorder's Office.
At the time an application for subdivision approval is filed, a fee
shall be paid to the borough by the subdivider; such fee is to be determined
from a schedule of fees as adopted by the Council by resolution.
