§ 185-6Plan required.
§ 185-7Preapplication procedures.
§ 185-8Preliminary plan procedures.
§ 185-9Preliminary plan specifications.
§ 185-10Final plan procedures.
§ 185-11Final plan specifications.
§ 185-12Resubdivision or replatting.
§ 185-13Minor subdivisions.
Whenever a subdivision or development of land is desired to be effected, a plan of the layout of such subdivision or development shall be prepared, filed, and processed in accordance with the regulations of this chapter.
Copies of this chapter shall be available for use by any person seeking information concerning land development and/or subdivision standards and procedures in effect within Duncannon Borough. Any prospective subdivider or developer may meet with the Borough Planning Commission to discuss and review tentative plans and/or any provisions of this chapter.
Prior to the preparation of any plans, it is suggested that subdividers consult with the State Department of Environmental Protection concerning site suitability and proposed sewage facilities.
Prospective subdividers are also advised to check with the Perry County Soil and Water Conservation District representative concerning erosion and sediment control. At the same time, a determination can be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or development. Land that is subject to flooding shall not be platted for residential occupancy or for any other use that may endanger health, life or property. Such land within a subdivision shall be set aside for such uses as shall not be endangered by periodic or occasional flooding and shall not produce unsatisfactory living conditions.
The Commission shall submit copies of the plan to the Perry County Planning Commission and Borough Engineer and may also submit copies to the State Departments of Transportation and Environmental Protection, the Perry County Soil and Water Conservation District office, and any other appropriate agency for review and comment.
Within 90 days of it being received, the Commission shall determine whether the preliminary plan shall be approved, approved with modifications, or disapproved and shall notify the subdivider in writing thereof, including a statement of reasons if the plan is approved with modifications or disapproved. One copy of the plan shall also be returned to the subdivider.
In the event that any variance from this chapter is requested by the subdivider or is deemed necessary by the Commission for its approval, the variance and the reasons for its necessity shall be entered in the records of the Commission.
Before taking final action on any plan, the Commission shall consider the reports of the Borough Engineer and Perry County Planning Commission, as well as those of any other agency to which a copy of the plan was submitted for review; however, the Commission shall not wait longer than 45 days from the time the plan was submitted for the comments from any agency.
Approval of the preliminary plan shall not constitute approval of the final plan by Borough Council.
The preliminary plan submission shall consist of the following:
The plan, drawn at a scale of not less than one inch equals 10 feet or more than one inch equals 100 feet, showing the following:
Name and address of subdivider.
Proposed name of the subdivision.
North arrow, scale and date.
Name of engineer, surveyor or other qualified person responsible for the plan.
Location map showing the vicinity in which the proposed subdivision is located.
Topography showing existing and proposed contours at intervals of two or five feet, depending upon the slope of the land.
Tract boundaries and the names of all abutting subdivisions or property owners.
Number of acres in the tract, number of lots and the type of proposed development.
Existing and proposed property, lot and boundary lines, including building setback lines, and information concerning lot dimensions, lot areas, and the location of any easements.
The location of all existing and proposed streets, with information concerning right-of-way widths, types of paving and names.
The location of any existing bodies of water or watercourses, floodplain areas, tree masses, buildings or structures, public facilities, and any other man-made or natural features within or near the proposed subdivision.
Show the location of any parcels of land either existing or proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semipublic, or community purposes.
Accompanying data:
Cross-section drawings for all proposed streets showing rights-of-way, cartway widths, location of sidewalks and planting strips.
Profile drawings of all proposed streets showing existing and proposed grades.
Plans and profiles of proposed sanitary and storm sewers, including grades and pipe sizes, may be required, as may also the plans for any proposed water distribution system showing pipe sizes and location of valves and fire hydrants.
Preliminary designs for any bridges, culverts, etc., which may be required; such designs to be subject to the approval of the Borough Engineer.
For subdivisions where subsurface sewage disposal systems will be used:
A subdivision site suitability report by the Pennsylvania Department of Environmental Protection Regional Sanitarian.
A percolation test report as required by the Borough sewage facilities officer in accordance with the provisions and standards as established by Act 537, the Pennsylvania Sewage Facilities Act.
A report by the Perry County Soil and Water Conservation District office, including any recommended corrective or preventive actions to be taken.
The subdivider shall, not later than one year after the date of approval of the preliminary plan, file with the Commission a final plan. Failure to submit the final plan within this time period shall make the approval of the preliminary plan null and void, unless an extension of time is requested by the subdivider and granted by Borough Council.
The final plan will have incorporated all the changes and modifications required by the Commission; otherwise, it shall conform to the approved preliminary plan, and it may constitute only that portion of the approved preliminary plan which the subdivider proposed to record and develop at the time, provided that such portion conforms with all the requirements of this chapter.
The Commission shall submit copies of the plan to the Perry County Planning Commission and Borough Engineer and may also submit copies to the State Departments of Transportation and Environmental Protection, the Perry County Soil and Water Conservation District office and any other appropriate agency for review and comment.
Within 50 days of it being received by the Commission, the Commission shall determine whether the final plan shall be approved, approved with modifications, or disapproved and shall notify Borough Council of its decision in writing, including a statement of reasons if the plan is approved with modifications or disapproved. If the plan is approved, the Commission Chairman and Secretary shall sign the record plan and all prints and forward all but one print to Borough Council along with their written decision.
Before approving a final plan, the Borough Council must be assured by means of a proper completion guarantee in the form of a bond or the deposit of funds or securities in escrow sufficient to cover the cost of the required improvements, as estimated by the Engineer, that all improvements required in Article VI will be installed by the owner in strict accordance with the standards and specifications of the Borough Council and within a specified time after the approval of the final plan.
Action on the final plan shall be taken by Borough Council and communicated to the subdivider not later than 90 days following the receipt of the final plan by the Borough Planning Commission.
If approved, the President and Secretary of the Borough Council shall affix their signatures to the record plan and attach thereto that it has received approval and return it to the subdivider for compliance with the recording requirements.
If disapproved, the Borough Council shall attach to the plan a statement of reasons for such action and return it to the subdivider.
No changes, erasures, modifications, or revisions shall be made on any final plan of a subdivision after approval has been given by the Borough Council, and endorsed in writing on the plan, unless the plan is first resubmitted to the Borough Council.
Within 90 days after the date of approval by the Borough Council of the final plan, the owner shall record an approved copy thereof in the office of the Recorder of Deeds of Perry County and forthwith file with the Borough Council a Recorder's certificate that the approved plan has been recorded, with the deed book and page numbers indicated and two copies of the recorded plat.
The final plan submission shall consist of the following:
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.
Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-way, and property line of residential lots and other sites with accurate dimensions, bearings, or deflection of angles, and radii, arcs, and central angles of all curves.
Location map.
Name and address of subdivider.
The location and types of erosion and sedimentation control, if any.
Name and right-of-way width of each street or other right-of-way.
Location, dimensions, and purpose of easements.
Number from Borough Tax Map to identify each lot and/or site, and street numbers of lots.
Purpose for which sites other than residential lots are dedicated or reserved.
Building lines on all lots and other sites.
Location and description of survey monuments; all permanent reference monuments shown by an "X" on the plat.
Names of record owners of adjoining unplatted land.
Reference to recorded subdivision plans of adjoining platted land by record name, date and number.
Certification by licensed surveyor or licensed engineer certifying to accuracy of survey and plat.
Statement by owner dedicating streets, rights-of-way, and any sites for public use which are to be dedicated.
Proposed protective covenants running with the land, if any.
Proposed contours at vertical intervals as required by the Commission.
Subdivision name or identifying title.
Municipality in which subdivision is located.
North point, scale and date.
All existing watercourses, tree masses and other significant natural features.
All existing buildings, sewers, water mains, culverts, petroleum or petroleum products lines, fire hydrants and other significant man-made features.
Copy of deed restrictions, if any.
An affidavit that the applicant is the owner of the land proposed to be subdivided.
Acknowledgment of plan and statements thereon by owner in form acceptable to Recorder of Deeds of Perry County.
An approval block for the signatures of the Council and the Borough Engineer.
Such other certificates, data, affidavits, endorsements, or dedications as may be required by the Council in the enforcement of this chapter.
Other data. The plan shall be accompanied by the following data in a form prescribed by the Engineer's specifications:
Profiles of each street showing the existing and proposed grade on the center line and along each property line; profile scales to be one inch equals 40 feet for the horizontal scale and one inch equals four feet for the vertical scale.
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.
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 and fire hydrants.
For any resubdivision or replatting of land, the procedures to be followed shall be as provided for in § 185-13, Minor subdivisions. Such resubdivision or replatting shall be allowed, provided that:
No lot or tract of land shall be created that does not meet all applicable lot size requirements.
No drainage easements shall be changed.
No lot shall be created which does not abut a street.
Street alignments and block sizes are not changed.
The character of the area shall be maintained.
For a proposed subdivision involving three or less lots abutting an existing public right-of-way, the submission of a preliminary plan may be omitted. In addition, certain of the final plan submission requirements may possibly be waived at the discretion of the Planning Commission.
