[Ord. 1975-8, 6/11/1975, § 201]
Copies of this Chapter shall be available on request for the
use of any person who desires information concerning subdivision standards
and procedures in effect within the Borough. Any prospective subdivider
may meet with the Borough Planning Commission to discuss and review
tentative plans and/or provisions of this Chapter.
[Ord. 1975-8, 6/11/1975, § 202; as amended by Ord.
1995-2, 3/14/1995; and by Ord. 1995-4, 12/12/1995, § 2]
1.
Borough. Prior to filing an application for approval of a subdivision
or land development within the Borough, the owner or his authorized
agent shall meet with the Zoning Officer for an official classification
of his proposed subdivision or land development. The Zoning Officer
shall determine whether the proposal shall be classified as a minor
subdivision, major subdivision or a land development. At this time,
the Zoning Officer shall advise the owner or his authorized agent
as to which of the procedures contained herein must be followed.
2.
DEP Consultation. Prior to the preparation of any plans, it is suggested
that prospective applicants consult with the Pennsylvania Department
of Environmental Protection (DEP) concerning soil suitability when
on-site sewage disposal facilities are proposed.
3.
Conservation. Prospective applicants should consult with the Mifflin
County Conservation District representative concerning erosion and
sediment control and the effect of geologic conditions on the proposed
development.
4.
Research. If it is known that the parcels being created will be used for development requiring a special permit, or for development that is considered dangerous to human life, prospective applicants should consult the provisions contained in the Zoning Ordinance [Chapter 27] or other ordinance which pertain specifically to those kinds of development.
[Ord. 1975-8, 6/11/1975, § 203; as amended by Ord.
1995-2, 3/14/1995; and by Ord. 1995-4, 12/12/1995, §§ 3,
4]
1.
Five days prior to a regularly scheduled meeting of the Planning
Commission, the subdivider shall submit two copies of the application
for review of preliminary subdivision plan and six copies of the preliminary
plan to the Borough Secretary. The preliminary plan shall be drawn
by a registered surveyor or a registered professional engineer. The
Borough Secretary shall date and initial each copy of the preliminary
plan on the date it is received from the subdivider. It shall be the
responsibility of the subdivider to insure that the preliminary plan
meets all of the requirements of this Chapter and that any coordination
with public or private utilities or service agencies is accomplished.
2.
Copies of the preliminary plan shall be distributed by the Borough
Secretary as follows:
A.
One copy of the application and the plan to the County Planning Commission
for its review and comment.
B.
Where a proposed subdivision abuts or will be traversed by an existing
or proposed State highway, one copy of the preliminary plan shall
be forwarded to the district office of the Pennsylvania Department
of Transportation for its review and comment.
C.
One copy of the preliminary plan accompanied by a feasibility report
concerning the proposed method of sewage disposal and water supply
to the Pennsylvania Department of Environmental Protection for its
review and comments (see § 203.3).
D.
One copy of the application and the plan to the Planning Commission,
which will be returned to the Borough Secretary accompanied by the
written recommendations of the Planning Commission.
E.
One copy of the plan to the Borough Planning Commission, to be retained
for files.
F.
One copy to the Mifflin County Soil and Water Conservation District
for erosion and sediment control review.
3.
Feasibility Report on Sewer and Water Facilities.
A.
When required by the Planning Commission, the subdivider shall submit
a feasibility report concerning the availability and/or adaptability
of sewer facilities in or near a proposed subdivision. Said report
shall be prepared by a registered professional engineer and be submitted
with the preliminary plan for review and recommendations by the local
office of the Pennsylvania Department of Environmental Protection.
B.
The sewage feasibility report shall contain engineering and cost
data, evaluations and recommendations sufficient to enable the Planning
Commission to evaluate the reasons for or against providing the subdivision
with various means of waste disposal.
C.
The requirements of the preceding subsection will be met if, as a
minimum, the following material is provided in the sewage feasibility
report.
(1)
Results of an on-site survey tentatively locating feasible routes
for collector and, to the extent necessary, interceptor and trunk
sewers. Significant topographical and soil factors that would influence
the cost and location of sewerage and sewage treatment shall be reported.
(2)
Review of soils conditions shown on U.S. Geological Survey maps
and in subsurface geology charts and reports to the extent that such
conditions will affect the costs and other factors of a sewage system
for the subdivision.
(3)
Evaluation of costs and public interest factors in providing
waste disposal by three different means:
(4)
Recommendation stating the engineer's professional opinion
as to the means of disposal that will be preferable in the short and
long term interest of the community in which the subdivision is located.
4.
Planning Commission Action Concerning the Preliminary Plan.
A.
At its first regularly scheduled public meeting following receipt
of the application, the Planning Commission shall review and recommend
approval, conditional approval or disapproval of the preliminary plan.
B.
The Planning Commission shall notify the subdivider and the Borough
Secretary in writing of the action taken not later than five days
following the decision. When the plan is not approved as submitted,
the decision shall specify the defects found in the plan and describe
the requirements which have not been met and shall, in each case,
refer to the provisions of the ordinance relied upon.
5.
Action by the Borough Council on the Preliminary Plan.
A.
Following formal action by the Planning Commission, the preliminary
plan and any recommendations shall be transmitted to the Borough Secretary.
If the Borough Council does not receive the Planning Commission's
recommendations within 45 days of the initial submission of the preliminary
plan, such shall be considered as favorable review. The Borough Council
may take any of the following actions:
B.
The action taken by the Borough Council shall be recorded on all
copies of the preliminary plan which were retained by the Planning
Commission following the initial application.
C.
The following notation shall be attached to all copies of the preliminary
plan: "Approval of the preliminary plan only; this approval shall
not constitute authority for the recording of this plan at the Recorder
of Deed's Office, or the sale of any lots."
D.
In the event that the preliminary plan covers but a portion of the
subdivider's tract, an additional drawing showing the proposed
street system, public spaces, and other features which will be pertinent
to the development of the entire tract shall be submitted to the Planning
Commission as supporting documentation with the preliminary plan.
6.
Effect of Approval of Preliminary Plan. Approval of the preliminary
plan by the Planning Commission and the Borough Council constitutes
conditional approval of the subdivision as to the character and intensity
of the development, the general layout, and the approximate dimensions
of streets, lots, and other planned features. This approval binds
the subdivider to the general scheme shown on the preliminary plan.
[Ord. 1975-8, 6/11/1975, § 204; as amended by Ord.
1995-2, 3/14/1995; and by Ord. 1995-4, 12/12/1995, § 5]
1.
Five days prior to a regularly scheduled meeting of the Planning
Commission, the subdivider shall submit six copies of the final plan
to the Borough Secretary who shall initial and date them when received.
The final plan shall be drawn by a registered surveyor or a registered
professional engineer. Submission of the final plan shall take place
within one year after the approval of the preliminary plan by the
Borough Council. If the subdivider does not submit a final plan during
that time, the approved preliminary plan becomes null and void. However,
the subdivider may, due to extenuating circumstances, apply for and
receive a time extension from the Borough Council upon recommendation
of the Planning Commission. Duration of said time extension is one
year in length.
2.
Final Plan Distribution. The Borough Secretary shall distribute the
six copies of the final plan as follows:
A.
One copy to the County Planning Commission for its review and comment.
B.
One copy to the district office of the Pennsylvania Department of
Transportation for review and mapping of dedicated streets (when applicable).
C.
One copy to the Pennsylvania Department of Environmental Protection
for review and mapping of proposed utilities system (when applicable).
D.
One copy to the Planning Commission which will be returned to the
Borough Secretary accompanied by the written recommendations of the
Planning Commission.
E.
One copy to the Borough Planning Commission to be retained for files.
F.
One copy to the County Soil and Water Conservation District for erosion
and sediment control review.
3.
Requirements for Approval of Final Plan.
A.
Prior to final approval being granted by the Planning Commission
and by the Borough Council, the subdivider shall completely install
all improvements required by this Chapter. All improvements shall
be made according to the specifications of this Chapter.
B.
In lieu of provisions for the required improvements, the Borough
Council may accept a performance guarantee from the subdivider to
insure construction and installation of the required improvements
following approval of the final plan.
C.
At the time each improvement is to be installed and upon its completion,
the subdivider shall notify the Borough to this effect so the Borough
may make arrangements for inspections by a registered professional
engineer. To cover inspection costs, the subdivider must pay a fee
to be established by the Borough Council.
4.
Completion of Improvements or Guarantee Thereof Prerequisite to Final
Plat Approval.
A.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this Chapter
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this Chapter have been installed in accordance
with this Chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees otherwise required by this Chapter, the developer may deposit
with the Borough financial security in an amount sufficient to cover
the costs of such improvements or common amenities including basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
B.
When requested by the developer, in order to facilitate financing,
the Borough Council, shall furnish the developer with a signed copy
of a resolution indicating approval of the final plat contingent upon
the developer obtaining a satisfactory financial security. The final
plat or record plan shall not be signed nor recorded until the financial
improvements agreement is executed. The resolution or letter of contingent
approval shall expire and be deemed to be revoked if the financial
security agreement is not executed within 90 days unless a written
extension is granted by the Borough Council; such extension shall
not be unreasonably withheld and shall be placed in writing at the
request of the developer.
C.
Without limitation as to other types of financial security which
the Borough may approve, which approval shall not be unreasonably
withheld, Federal or Commonwealth chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this Section.
D.
Such financial security shall be posted with a bonding company or
Federal or Commonwealth chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the Commonwealth.
E.
Such bond, or other security shall provide for, and secure to the
public, the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
F.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Borough may adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for
the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Borough may require the developer to post additional security
in order to assure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this subsection.
G.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant or developer and prepared by a professional engineer
licensed as such in this Commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Borough, upon
the recommendation of the Borough Engineer, may refuse to accept such
estimate for good cause shown. If the applicant or developer and the
Borough are unable to agree upon an estimate, then the estimate shall
be recalculated and recertified by another professional engineer licensed
as such in this Commonwealth and chosen mutually by the Borough 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 so chosen, fees for the services
of said engineer shall be paid equally by the Borough and the applicant
or developer.
H.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
I.
In the case 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 any finally approved section
of the development.
J.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Borough Council
to release or authorize the release, from time to time, 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 the Borough Council, and the Borough Council
shall have 45 days from receipt of such request within which to allow
the Borough Engineer to certify, in writing, to the Borough Council
that such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification the
Borough Council shall authorize release by the bonding company or
lending institution of an amount as estimated by the Borough Engineer
fairly representing the value of the improvements completed or, if
the Borough Council fails to act within said forty-five-day period,
the Borough Council shall be deemed to have approved the release of
funds as requested. The Borough Council may, prior to final release
at the time of completion and certification by its engineer, require
retention of 10% of the estimated cost of the aforesaid improvements.
K.
Where the Borough Council accepts dedication of all or some of the
required improvements following completion, the Borough Council may
require the posting of financial security to secure structural integrity
of said improvements as well as the functioning of said improvements
in accordance with the design and specifications as depicted on the
final plat for a term not to exceed 18 months from the date of acceptance
of dedication. Said financial security shall be of the same type as
otherwise required in this Section with regard to installation of
such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
L.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Borough, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this Section.
M.
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 upon the final plat upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following
the improvement of the streets providing access to and from existing
public 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 upon the approved plat, either upon the lot
or lots or beyond the lot or lots in question if such improvements
are necessary for the reasonable use of or occupancy of the building
or buildings.
5.
Planning Commission Decision Concerning the Final Plan.
A.
The Planning Commission shall review, approve, conditionally approve,
or disapprove the final plan at its first regularly scheduled public
meeting following receipt of the application.
B.
The subdivider and Borough Secretary shall be notified in writing
as to the action taken by the Planning Commission not later than five
days following the decision. When the plan is not approved as submitted
the decision shall specify the defects found in the plan, describe
the requirements which have not been met and shall, in each case,
refer to the provisions of the ordinance relied upon.
C.
At the time of approval by the Planning Commission, the original
drawing showing the final plan shall be made available for authentication
and signing by the Planning Commission.
6.
The Final Plan Action by the Borough Council.
A.
Upon receipt of the final plan with the recommendations of the Planning
Commission attached thereto, the Borough Council shall review the
final plan for compliance with the provisions of this Chapter.
C.
The action taken by the Borough Council shall be recorded on all
copies of the final plan which were retained by the Planning Commission
following the initial application, one copy being returned to the
subdivider.
D.
At the time of approval by the Borough Council, the original drawing
showing the final plan and bearing the Planning Commission's
signatures shall be made available for signature by the Council.
E.
Recording Plats and Deeds.
(1)
Upon the approval of a final plat, the developer shall within
90 days of such final approval record such plat in the office of the
recorder of deeds of the county in which the Borough is located. The
recorder of deeds shall not accept any plat for recording unless such
plat officially notes the approval of the Borough Council, and review
by the county planning agency.
(2)
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.
[Ord. 1975-8, 6/11/1975; as added by Ord. 1995-2, 3/14/1995]
1.
When the developer has completed all of the necessary and appropriate
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.
The Borough Council shall, within 10 days after receipt of such notice,
direct and authorize the Borough Engineer to inspect all of the aforesaid
improvements. The Borough Engineer shall, thereupon, file a report
in writing, with the Borough Council, and shall promptly mail a copy
of the same to the developer by certified or registered mail. The
report shall be made and mailed within 30 days after receipt by the
Borough Engineer of the aforesaid authorization from the Borough Council;
said report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
2.
The Borough Council shall notify the developer, within 15 days of
receipt of the engineer's report, in writing by certified or
registered mail of the action of said Borough Council with relation
thereto.
3.
If the Borough Council or the Borough Engineer fails to comply with
the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
4.
If any portion of the said improvements shall not be approved or
shall be rejected by the Borough Council, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
5.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings
or otherwise, any determination of the Borough Council or the Borough
Engineer.
6.
Where herein reference is made to the Borough Engineer, he shall
be as a consultant thereto.
7.
The applicant or developer shall reimburse the Borough for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Borough
Council and as from time to time amended. Such expense shall be reasonable
and in accordance with the ordinary and customary fees charged by
the Borough Engineer or consultant for work performed for similar
services in the community, but in no event shall the fees exceed the
rate or cost charged by the engineer or consultant to the Borough
when fees are not reimbursed or otherwise imposed on applicants.
A.
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Borough
that such expenses are disputed as unreasonable or unnecessary, in
which case the Borough shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's request over disputed engineer
expenses.
B.
If, within 20 days from the date of billing, the Borough and the
applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Borough shall jointly, by
mutual agreement, appoint another professional engineer licensed as
such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
C.
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
sole opinion deems necessary and render a decision within 50 days
of the billing date. The applicant shall be required to pay the entire
amount determined in the decision immediately.
D.
In the event that the Borough and applicant cannot agree upon the
professional engineer to be appointed within 20 days of the billing
date, then, upon application of either party, the President Judge
of the Court of Common Pleas of the judicial district in which the
Borough is located (or if at the time there be no President Judge,
then the senior active judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Borough Engineer nor any professional
engineer who has been retained by, or performed services for, the
Borough or the applicant within the preceding five years.
E.
The fee of the appointed professional engineer for determining the
reasonable and necessary expenses shall be paid by the applicant if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Borough shall
pay the fee of the professional engineer, but otherwise the Borough
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
[Ord. 1975-8, 6/11/1975; as added by Ord. 1995-2, 3/14/1995]
In the event that any improvements which may be required have
not been installed as provided in this Chapter or in accord with the
approved final plat the Borough Council is hereby granted the power
to enforce any corporate bond, or other security by appropriate legal
and equitable remedies. If the proceeds of such bond, or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
Borough Council may, at its option, install part of such improvements
in all or part of the subdivision or land development and may institute
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 Borough purpose.
