Borough of Hummelstown, PA PLAT SPECIFICATIONS AND PROCESSING PROCEDURES

[Ord. 88-9, 11/17/1988, § 401]

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

§ 22-402 Sketch Plans.

[Ord. 88-9, 11/17/1988, § 402]

Prior to the filing of a subdivision or land development plat for review and approval, the applicant is encouraged to submit a sketch plan to the Planning Commission for advice on the requirements necessary to achieve conformity with the standards of this chapter and other applicable municipal ordinances, as well as, to alert the applicant to other factors which must be considered in the design of the subdivision or land development.

The plan shall be clearly labeled "SKETCH PLAN" and should include sufficient information to clearly indicate the character and extent of the proposed subdivision or land development and its relationship to existing conditions and facilities within the area in which it is to be located. It is recommended that sketch plan submissions include a map covering sufficient area to establish the location of the site and an informal plan of any existing or proposed streets, buildings, lot arrangement, utilities, significant natural features and other elements within the subdivision or land development including topographic contours.

Prior to the preparation of any plans, the applicant should consult the Dauphin County Conservation District representative concerning the preparation of plans for erosion and sedimentation control.

The applicant shall be advised of the accessibility of public sewerage and public water to the development site. If the site is located within an area planned or currently receiving public water and/or sanitary sewer services, the applicant shall consult with the appropriate utility.

At this stage, the Commission shall assist the applicant in determining whether or not the site is located in an identified flood hazard area, in which case compliance with applicable flood plain management provisions shall be required.

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 developers should check the provisions contained in Chapter 27, Zoning, of this Code which pertain specifically to such development.

§ 22-403 Minor Subdivision and Land Development Application.

[Ord. 88-9, 11/17/1988, § 403; as amended by Ord. 93-3, 2/18/1993]

Where five or fewer lots are proposed to be subdivided from a tract of land or where land is being transferred to be combined with an existing lot, the Borough Council, being advised by the Planning Commission, in response to a written request by the applicant, may waive the requirements of preliminary plat submission, provided such proposal is on an existing street and no new streets are involved. In such cases the applicant shall submit a final plat as follows:

The final plat shall be submitted and processed as required by § 22-406, "Final Plats; Procedure," and contain the following data and plat specifications:

Submit a stormwater management/erosion and sedimentation control plan as required by the "Pennsylvania Clean Streams Law," and the Pennsylvania Department of Environmental Resources "Erosion Control Rules and Regulations" (Title 25, Part I, Subpart C, Article II, Chapter 102 - Erosion Control). The plan content shall be prepared in accordance with the erosion control measures set forth in the Erosion and Sediment Control Handbook prepared by the Cumberland, Dauphin, and Perry County Conservation Districts and applicable provisions herein.

Ten copies and one reproducible sepia (or other reproducible material of equal quality) copy of the plat prepared by a registered surveyor or engineer on sheets no larger than 24 inches by 36 inches clearly labeled "FINAL PLAT," shall be submitted containing the following information:

(1)

The development or property name.

(2)

Outline of the property from which the lot or lots are being subdivided.

(3)

Bearings and distances of the property taken from the property deed including the primary control point.

(4)

Adjacent landowner's names.

(5)

Location on the property map of existing streets, streams, and woods.

(6)

A separate drawing of the proposed lot (maximum scale one inch equals 100 feet) with lot area, and distances of lot lines, existing street right-of-way width, cartway width, and street name and number, easements, existing man-made features, building setback lines, and contours, with a two-foot interval.

(7)

A location map on the plat (minimum scale one inch equals 100 feet) showing property location, streets and other pertinent information.

(8)

Name of the Zoning District in which the site is located.

(9)

Additional data required on the plat.

(a)

Name, address, and telephone number of owner or applicant.

(b)

Name, address, and telephone number and seal of professional engineer certifying engineering aspects and professional land surveyor certifying accuracy of plat survey (as defined herein). (Example contained in Exhibit I herein.)

(c)

Date of plat preparation.

(d)

Municipality where property is located.

(e)

North point and scale.

(f)

Certification of ownership and dedicatory statement signed by owner. (Example contained in Exhibit I herein.)

(g)

Notary public and recording statement. (Example contained in Exhibit I herein.)

(h)

Approval blocks to be signed by the Planning Commission and the Borough Council. (Example contained in Exhibit II herein.)

(i)

Location and description of survey monuments shown on the plat.

(j)

Locations of existing and/or proposed public utilities.

(k)

Existing natural features, such as watercourses, wetlands, marshes, rock outcrops and wooded areas.

(l)

Proposed protective covenants running with the land, if any.

(m)

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

(n)

When applicable, a copy of the "Sewage Module for Land Development" or other equivalent documentation approved by the Department of Environmental Resources in compliance with the requirements of the Pennsylvania Sewage Facilities Act and Chapter 71 of Title 25 of the Pennsylvania Code.

(o)

When applicable, a statement should be included on the plat regarding the presence of wetlands. The statement should note that no development is proposed within wetlands or that the necessary approvals for the disturbance of wetlands have been obtained from the appropriate federal and state regulating agencies. Disturbance of wetlands shall include, but not be limited to filling, draining or building activities.

(p)

Compliance with § 22-407, Subsection 1A(20)(g), of this chapter pertaining to applications located in a flood hazard area.

(q)

Where the proposed subdivision abuts a state highway (Pennsylvania Route or United States Route), evidence in writing from the Pennsylvania Department of Transportation indicating the Department's concurrence with the proposed design for driveway access and drainage required for issuance of the Department's Highway Occupancy permits.

(r)

Water Supply. If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Borough Council that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania 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.

(s)

Such other data as may be required by the Planning Commission or Borough Council in the enforcement of this chapter.

§ 22-404 Preliminary Plats: Procedure.

[Ord. 88-9, 11/17/1988, § 404; as amended by Ord. 93-3, 2/18/1993]

The applicant, 14 calendar days prior to the meeting of the Commission at which consideration is desired, shall file with the Zoning Officer, 10 copies of a preliminary plat of the proposed subdivision or land development and other required data and maps. The applicant shall submit concurrently, with the preliminary plat, five copies of the sewage "Plan Revision Module for Land Development," if applicable.

The Commission shall submit copies to the County Planning Commission, and Borough Engineer and may submit copies to the public utilities, school board, Dauphin County Conservation District, Pennsylvania Department of Environmental Resources and other public agencies. The Borough Council, upon the recommendation of the Commission shall act on any such preliminary plat not later than 90 days following the date of the regular meeting of the Borough Council or the Planning Commission (whichever first reviews the application) following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed. 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.

The Dauphin County Planning Commission shall review the preliminary plat and data and shall return one copy of a written report stating their suggestions for modifications and design changes to the Planning Commission within 30 days of their receipt of same or forfeit their right to review.

The Borough Council shall determine whether the preliminary plat shall be approved, or disapproved, and shall notify the applicant in writing thereof, including, if approved with conditions or disapproved, a statement of reasons for such action, not later than 15 days following the decision.

Before acting on any subdivision plat the Borough Council may hold a public hearing thereon after public notice.

When the application is not approved in terms 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.

Failure of the 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 of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. (A sample "Agreement to Extend the Time for Rendering and Communicating a Decision on Certain Preliminary and/or Final Subdivision Plans" is contained in Exhibit III herein.)

Approval of the preliminary plat constitutes approval of the proposed subdivision or land development with respect to the general design, the approximate dimensions and other planned features. Preliminary approval binds the developer to the general scheme of the plat as approved. Preliminary approval does not authorize the recording, sale or transfer of lots or the installation of improvements.

Preliminary approval shall expire within five years after being granted. An extension of time may be requested by the applicant and approved by the Borough Council in accordance with § 508(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Request for extension shall be submitted to the Zoning Officer 30 days prior to any prevailing expiration date. Extensions may be granted for no more than three one-year periods.

§ 22-405 Preliminary Plat: Specifications.

[Ord. 88-9, 11/17/1988, § 405; as amended by Ord. 93-3, 2/18/1993]

The following shall be submitted in application for review and approval of a preliminary plat.

Ten copies and one reproducible sepia (or other reproducible material of equal quality) copy of a map or series of maps or sheets not larger than 24 inches by 36 inches drawn to scale not smaller than 100 feet to the inch, unless otherwise specified herein, clearly labeled "PRELIMINARY PLAT," and showing the following:

(1)

The development or property name.

(2)

The owner's or applicant's name, address and telephone number.

(3)

The municipality's name in which the plat is located.

(4)

Name, address, telephone number and seal of the professional engineer certifying engineering aspects and professional land surveyor certifying accuracy of plat survey (as defined herein) (Example contained in Exhibit I herein.)

(5)

North point and scale.

(6)

Certification of ownership and dedicatory statement signed by owner. (Example contained in Exhibit I herein.)

(7)

Notary public and recording statement. (Example contained in Exhibit I herein.)

(8)

Approval blocks to be signed by the Planning Commission and the Borough Council. (Example contained in Exhibit II herein.)

(9)

A diagram, at a scale not less than 1,000 feet to the inch, covering sufficient area to establish the location of the site within the municipality.

(10)

Existing natural features, such as watercourses, wetlands, marshes, rock outcrops and wooded areas.

(11)

All existing buildings, sanitary and storm sewers, water mains, culverts, fire hydrants and other significant man-made features on or adjacent to the tract.

(12)

Existing contours at vertical intervals of two feet or less as required by the Planning Commission. Where due to steep slope, two foot contours are not practical, contours shall be at five foot intervals.

(13)

The layouts, names, and widths of the rights-of-way and cartway of existing and/or proposed streets, alleys and easements.

(14)

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

(15)

Parcels of land intended to be dedicated or reserved for schools, parks, playgrounds, parking areas, common open space, or other public, semi-public or community purposes.

(16)

A map showing the location of the proposed subdivision and/or land development with respect to any identified flood plain area or district, including information on the one-hundred-year flood elevations.

(17)

(18)

Where the subdivision and/or land development lies partially or completely within any identified flood plain area or district or where such activities border on any identified flood plain area or district, the preliminary plat shall include the following information:

(a)

Location and elevation of proposed roads, utilities, and building sites, fills, flood or erosion protection facilities;

(b)

The one-hundred-year flood elevations; and

(c)

Areas subject to special deed restrictions.

All such maps shall show contours at intervals of two or five feet depending upon the slope of the land and identify accurately the boundaries of the identified flood plain area or districts.

The preliminary plat shall be accompanied by the following data and plans:

A profile of each street, including grades.

Location of existing and proposed utility mains.

Location plans of proposed sanitary and/or storm water sewers and of any proposed water distribution systems.

A profile of the proposed sanitary and storm sewers and water lines, with invert elevations and connections to existing systems.

A preliminary erosion and sedimentation control plan together with a report of the County Conservation District indicating whether a permit for earth moving activity is required from the Department of Environmental Resources under the Rules and Regulations, Chapter 102, "Erosion Control," P.L. 1987, June 22, 1937, as amended.

If necessary, a completed sewage "Plan Revision Module for Land Development" to comply with the planning requirements of the Pennsylvania Sewage Facilities Act and § 71.16 of Chapter 71 of Title 25 of the Pennsylvania Code for submission by the municipality to the Department of Environmental Resources.

Evidence in writing, where 100 or more dwelling units are proposed in a subdivision or land development, from the school district in which the subdivision or land development is located containing the review and comments of the school district on the proposed development.

A copy of a report, where deemed necessary by the Borough Council or Borough Engineer, indicating an estimated volume of vehicular traffic movement and the adequacy of the proposed and existing streets and highways to carry the traffic both within and beyond the proposed development including possible solutions to such problems as may be thereby identified.

A copy of a report, where deemed necessary by the Borough Council or Borough Engineer, indicating the general arrangement for storm water drainage, the estimated volume of water to be generated and the effect of such volumes on the drainage ways or streams within the development and that projected volumes can be accommodated by the existing drainage facilities or streams beyond the proposed development.

§ 22-406 Final Plats; Procedures.

[Ord. 88-9, 11/17/1988, § 406; as amended by Ord. 93-3, 2/18/1993]

The applicant shall, not later than five years after the date of approval of the preliminary plat, for that portion intended to be developed, file with the Borough Zoning Officer a final plat. Such filing shall include, as part of the formal submission, all the material and other data required under the final plat specifications as listed in § 22-407, Subsection 1A(1) through (21), of this chapter. 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 granted in accordance with § 22-404, Subsection 9, herein.

The final plat shall incorporate all the changes and modifications required by the Borough Council; 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 with all of the requirements of this chapter.

One reproducible sepia (or other reproducible material of equal quality) copy of the final plat and 10 prints shall be filed by the applicant with the Borough's Zoning Officer 14 days prior to the meeting of the Planning Commission at which meeting consideration is desired.

Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval.

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, street lights, 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Release from Improvement Bond.

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.

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.

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.

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.

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.

Where herein reference is made to the Borough engineer, he shall be as a consultant thereto.

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.

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

Before acting on any subdivision plat, the Borough Council may hold a public hearing thereon after public notice.

The Borough Council, upon the recommendation of the Commission, shall act on any such preliminary plat not later than 90 days following the date of the regular meeting of the Borough Council or the Planning Commission (whichever first reviews the application) following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day-period shall be measured from the 30th day following the day the application has been filed. 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.

The Borough Council shall determine whether the final plat shall be approved, or disapproved, and shall notify the applicant in writing thereof, including, if approved with conditions or disapproved, a statement of reasons for such action, not later than 15 days following the decision.

10.

11.

No changes, erasures, modifications, or revisions shall be made on any final plat of a subdivision or land development after approval has been given by the Borough Council, and endorsed in writing on the plat, unless the plat is first resubmitted to the Borough Council.

12.

Upon the approval of a final plat the subdivider/developer shall within 90 days of such final approval record such plat in the Office of the Recorder of Deeds of Dauphin County. One recorded copy of the plat shall be transmitted to the Borough by the subdivider/developer.

13.

Whenever plat approval by the Borough Council is required, the Dauphin County Recorder of Deeds shall not accept any plat for recording unless such plat officially notifies the approval of the Borough Council and review by the Dauphin County Planning Commission.

14.

In accordance with § 508(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended, 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 and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.

§ 22-407 Final Plat: Specifications.

[Ord. 88-9, 11/17/1988, § 407; as amended by Ord. 93-3, 2/18/1993]

The following shall be submitted in application for review and approval of a final plat:

Ten copies and one sepia of the final plat in the form of a map or series of maps on sheets no larger than 24 inches by 36 inches, drawn to scale not smaller than 100 feet to the inch and clearly labeled "FINAL PLAT." When more than one sheet is required, an index sheet of the entire subdivision or land development shall be shown on a sheet of the same size. The final plat shall be drawn in ink and shall show the following:

(1)

Primary control points, or description and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the subdivision or land development plat shall be referred.

(2)

Tract boundary lines, right-of-way lines of streets, easements, and other right-of-way and property lines of residential lots or parcels in unit, cooperative or condominium subdivisions, and other sites with accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles of all curves.

(3)

Locations and descriptions of survey monuments. All permanent reference monuments shown and described on the plat.

(4)

Name, address, telephone number and seal of the professional engineer certifying engineering aspects and professional land surveyor certifying accuracy of plat survey. (As defined herein.) (Example contained in Exhibit I herein.)

(5)

Certification of title showing that the applicant is the owner of land, agent of the landowner or tenant with permission of the landowner. (Example contained in Exhibit I herein.)

(6)

Statement by the owner dedicating streets, rights-of-way and any sites for public uses which are to be dedicated. (Example contained in Exhibit I herein.)

(7)

Proposed protective covenants running with the land, if any.

(8)

Name, address and telephone number of the owner/applicant.

(9)

Street lighting facilities, as applicable.

(10)

Location map, clearly depicting the location of the tract in Hummelstown Borough.

(11)

Number to identify each lot or parcel in unit, cooperative or condominium subdivisions and/or site.

(12)

Purpose for which sites other than residential lots or parcels in unit, cooperative or condominium subdivisions are dedicated or reserved.

(13)

Building setback lines on all lots or parcels in unit, cooperative or condominium subdivisions and/or sites.

(14)

Existing and proposed contours at vertical intervals of two feet as determined at the preliminary plat stage.

(15)

Names of record owners of adjoining unplatted land.

(16)

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

(17)

A final stormwater management/erosion and sedimentation control plan pursuant to the rules and regulations of the Pennsylvania Department of Environmental Resources (Title 25, Part 1, Sub-part C, Article II, Chapter 102 of the Pennsylvania Code) and evidence that any required erosion and sedimentation control permit has been issued. If an erosion and sedimentation control permit is not required, the applicant shall provide evidence that the stormwater management/erosion and sedimentation control plan has been reviewed and approved by the County Conservation District Office. However, if the District Office does not desire to review the Plan, the Borough Council may, at its discretion, have the Plan reviewed by the Borough Engineer. The cost of the review shall be paid by the applicant.

(18)

Prior to final approval of plat, where the proposed subdivision or land development abuts a state highway (Pennsylvania Route or United States Route), the applicant shall provide written evidence that the plat will be submitted to the Pennsylvania Department of Transportation for their review and concurrence with the proposed design for driveway access and drainage required for issuance of the Department's Highway Occupancy permits. Written evidence will be a note on the plat which should read, "no plat which will require access to a highway under the jurisdiction of the Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to § 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the State Highway Law, before driveway access to a state highway is permitted."

(19)

Approval blocks to be signed by the appropriate officers of the Planning Commission, Borough Council and Municipal Engineer. (Example contained in Exhibit II herein.)

(20)

Other Data. The final plat shall be accompanied by the following data and plans as prescribed by the Borough Council or as required by the laws of the Commonwealth:

(a)

Profiles of streets and alleys showing grades.

(b)

Typical cross sections of each type of street, minor streets, collector, etc., showing the width of right-of-way, width of cartway, location and width of curbs and sidewalks, if required, and location and size of utility mains.

(c)

Plan and profiles of proposed sanitary and storm water sewers, with grades and pipe size indicated, and a plan of any proposed water distribution system showing pipe sizes and location of valves and fire hydrants.

(d)

Certificates of agreement to provide service from applicable utility companies.

(e)

In the case of subdivision and land development plans proposed for the sale of lots only, the subdivider shall include on the final plat, a covenant with the land assuring the implementation of the erosion and sedimentation control plan by the lot owners.

(f)

A copy of the sewage "Plan Revision Module for Land Development" approved by the Department of Environmental Resources in compliance with the requirements of the Pennsylvania Sewage Facilities Act and § 71.16 of Chapter 71 of Title 25 of the Pennsylvania Code.

(g)

When any portion of the tract proposed for subdivision or land development is located within an identified flood district or flood plain area, the following information shall be required as part of the final plat and shall be prepared by a registered engineer or surveyor:

The exact location and elevation of all proposed buildings, structures, roads, and public utilities to be constructed within any identified flood plain area or district. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the flood plain areas, and shall be verified by the Borough Engineer.

Submission of the final plat shall also be accompanied by all required permits and related documentation from the Department of Environmental Resources, and any other Commonwealth agency, or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Department of Community Affairs, and the Federal Insurance Administrator shall also be notified whenever any such activity is proposed.

(h)

A final storm water management plan, approved by the Borough Engineer.

(i)

When applicable, a statement should be included on the plat regarding the presence of wetlands. The statement should note that no development is proposed within wetlands or that the necessary approvals for the disturbance of wetlands have been obtained from the appropriate federal and state regulating agencies. Disturbances of wetlands shall include, but not be limited to, filling, draining, or building activities.

(j)

Such other certificates, affidavits, endorsements, or dedications as may be required by the Borough Council in the enforcement of these regulations.

(21)