A.
Application. Approval of a preliminary plan shall be prerequisite to the filing of a final plan with the Borough Planning Commission, except that the requirement for a preliminary plan approval may be waived following a preapplication conference (see Article IV), provided that the subdivision plan complies with the definition for a minor subdivision or that the subdivider does not contemplate further subdivision of the parcel, submits a scale drawing of the entire parcel which delineates the areas to be subdivided and complies with all requirements for final plans and includes information required in § 163-11 of this chapter.
C.
Action of the governing body. The governing body shall
render its decision on the final plan and communicate its decision
to the subdivider not later than 90 days following the regular meeting
of the Planning Commission next following the date of application
filing.
(1)
The decision of the governing body shall be in writing
and shall be communicated to the applicant by certified or registered
mail at his last known address not later than five days following
the decision.
(2)
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements that have not been met and shall, in each
case, cite the provisions of the statute or ordinance relied upon.
(3)
Failure of the governing body to render a decision
and communicate it to the applicant within the time and in the manner
specified shall be deemed an approval of the application, 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.
(4)
From the time an application for approval of a preliminary
or final plan is duly filed as provided in this chapter and while
such application is pending approval or disapproval, no change or
amendment of the zoning, subdivision or other governing ordinance
or plan shall affect the decision on such application adversely to
the applicant, and the applicant shall be entitled to a decision in
accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in government regulations.
When an application for approval of a plan 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 affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval, within five years from
such approval. Where final approval is preceded by preliminary approval,
the five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
(5)
Before acting on any subdivision plan, the governing
body may hold a public hearing thereon, after the public notice, and
may notify surrounding property owners of such public hearing.
(6)
The governing body shall not give its final approval
to a final plan until the County Planning Commission report is received
or until the expiration of 30 days from the date the final plan application
was forwarded to the county.
(7)
The governing body shall not give its final approval
to a final plan prior to approval of required planning modules as
specified by the Pennsylvania Department of Environmental Protection.
D.
Nature of approval. Approval of a final plan shall
not constitute authorization to commence construction. Prior to construction
start, all necessary permits, approvals, agreements and sureties must
be secured by the developer.
E.
Title certificate. No final plan shall be approved
by the governing body unless a certificate of title or other proof
of a proprietary interest in the land on the part of the subdivider
is furnished.
All applications for final plan approval shall
include, but not be limited to, the following information and shall:
A.
Be drawn on Mylar or other comparable permanent and
reproducible material and shall be on sheets not larger than 24 inches
by 36 inches, including a border of 1/2 inch on all sides, except
the binding edge which shall be one inch. More than one sheet may
be used for larger tracts and must be of the same scale and indexed
and provide space for required certifications.
B.
Be produced from a CAD file or be drawn with waterproof
black ink, and all records, data, entries and statements thereon shall
be made with the same type of ink or reproducible typing.
[Amended 4-10-2012 by Ord. No. 434]
C.
Be drawn to a scale of one inch equals 100 feet or
such other scale approved by the Planning Commission and shall be
of sufficient size to clearly show all notations, dimensions and entries.
All dimensions shall be shown in feet and decimals of a foot.
E.
Be drawn according to the following;
F.
Show:
(1)
Primary control points or bench marks approved by
the Borough Engineer or the description and ties to which all dimensions,
angles, bearings and similar data shall be referred, tract closures,
boundaries with bearings, distances, acreage and tax parcel identification.
(2)
The acreage of each lot or parcel.
(3)
Tract boundary lines, right-of-way lines of streets,
easements and their purpose and other rights-of-way and property lines
of lots and other sites with accurate dimensions, bearings or deflection
angles, radii, arcs and central angles of all curves.
(4)
The name and right-of-way width of each street or
right-of-way.
(5)
The location, dimensions and purpose of all easements.
(6)
The number to identify each lot or site.
(7)
The purpose for which sites other than residential
are to be used.
(8)
The building setback line on all lots and sites.
(9)
The location and description of survey monuments.
(10)
The names of recorded owners or adjoining land
and land uses.
(11)
The certification of the registered surveyor,
showing his name, address, registration number and seal.
(12)
The statement by the owner dedicating streets,
rights-of-way and sites for public use.
(13)
Protective covenants, if any, in form for recording.
(14)
Such other certificates, affidavits, endorsements
or dedications as may be required in the enforcement of this chapter.
(15)
Certification blocks for the appropriate governing
and planning bodies.
(16)
Clear sight triangles and sight distance in
both directions at all street intersections.
G.
Be accompanied by the following additional information:
(1)
Plan and profile sheets for all streets with horizontal
and vertical alignments and existing center-line profiles, along with
the location and size of storm sewer inlets and invert elevations.
(2)
Typical cross sections of roadways and sidewalks.
(3)
A plan showing the size of water pipes and location
of valves and fire hydrants.
(4)
A plan showing the location of manholes, invert elevations,
grades and sizes of sanitary sewers.
(5)
A final grading plan.
(6)
A sedimentation and erosion control plan approved by the County Conservation District under authority of the Pennsylvania Department of Environmental Protection Rules and Regulations, Title 25, Chapter 102, Erosion Control, if determined necessary by the Planning Commission.
(7)
Planning modules specified by the Pennsylvania Department
of Environmental Protection.
(8)
A plan for the placement of water, sewer, gas, electric,
telephone and cable television service lines, as applicable, pursuant
to the rules and regulations of the Pennsylvania Public Utilities
Commission.
(9)
If the proposed subdivision is located in a designated
floodplain, base flood elevation data shall be contained on the plan.
(10)
A complete drainage and stormwater drainage
plan for the subdivision, which includes all storm sewers and appurtenances,
along with the method of disposal of all stormwater collected and
the method of drainage for adjacent territory.
(11)
If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision or development, evidence shall be presented
to the governing body that the subdivision or development is to be
supplied by a certificated 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 evidence.
