[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.
[Ord. 88-9, 11/17/1988, § 402]
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
[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:
1. The final plat shall be submitted and processed as required by §
22-406, "Final Plats; Procedure," and contain the following data and plat specifications:
A. 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.
B. 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.
(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.
[Ord. 88-9, 11/17/1988, § 404; as amended by Ord.
93-3, 2/18/1993]
1. 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.
2. 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.
3. 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.
4. 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.
5. Before acting on any subdivision plat the Borough Council may hold
a public hearing thereon after public notice.
6. 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.
7. 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.)
8. 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.
9. 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.
[Ord. 88-9, 11/17/1988, § 405; as amended by Ord.
93-3, 2/18/1993]
1. The following shall be submitted in application for review and approval
of a preliminary plat.
A. 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.)
(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)
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.
(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.
|
2. The preliminary plat shall be accompanied by the following data and
plans:
A. A profile of each street, including grades.
B. Location of existing and proposed utility mains.
C. Location plans of proposed sanitary and/or storm water sewers and
of any proposed water distribution systems.
D. A profile of the proposed sanitary and storm sewers and water lines,
with invert elevations and connections to existing systems.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
[Ord. 88-9, 11/17/1988, § 406; as amended by Ord.
93-3, 2/18/1993]
1. 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.
2. 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.
3. 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.
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, 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.
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. Release from Improvement Bond.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. Where herein reference is made to the Borough engineer, he shall
be as a consultant thereto.
G. 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.
6. Before acting on any subdivision plat, the Borough Council may hold
a public hearing thereon after public notice.
7. 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.
8. 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.
9. 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.
10. 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.)
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.
[Ord. 88-9, 11/17/1988, § 407; as amended by Ord.
93-3, 2/18/1993]
1. The following shall be submitted in application for review and approval
of a final plat:
A. 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:
1)
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.
2)
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)
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.