The following procedures and requirements shall apply to minor subdivisions only (see § 108-11, definition of "minor subdivision"). All other subdivisions and resubdivisions, regardless of the total number of lots involved, shall be processed as major subdivisions according to the procedures and requirements specified in §§ 108-14 through 108-19 of this chapter. Minor subdivisions shall not be subject to these particular requirements, but shall comply with the remainder of this chapter.
A. 
Application requirements. Any person proposing to create a minor subdivision shall submit, along with plans required in Subsection B below, five (5) copies of an application for minor subdivision approval. This application may be in letter form and shall specify and/or include:
(1) 
The name, address and telephone number of the property owner of record and those of the subdivider, if different.
(2) 
The name or number of the road where the proposed subdivision is to be located.
(3) 
The name, address and telephone number of the surveyor or engineer preparing the subdivision plans.
(4) 
The type of water supply proposed.
(5) 
The type of sewer system proposed and permit number, if granted.
(6) 
Fee or receipt for the same from the Borough Planning Commission Secretary.
B. 
Plan requirements. The subdivider shall submit five (5) copies of the final plan and required supplementary data for the proposed subdivision. This plan shall be prepared by a registered engineer or registered surveyor and shall show all the lots proposed to be created. The final plan shall meet the following requirements:
(1) 
The map shall be drawn at a scale compatible with Pike County Tax Maps and shall be not less than eight and one-half by eleven (8 1/2 x 11) inches nor more than thirty-six by forty-eight (36 x 48) inches in size.
(2) 
The names of all abutting property owners and the size of any remaining acreages in the tract from which lots are being taken shall be shown.
(3) 
The map shall show the name of the Borough, the name of the owner of record, North point, scale and date.
(4) 
Soil types found on the site shall be shown unless the lots involved are lot improvements or contain existing sewage systems. Soil Conservation Service classifications shall be used.
(5) 
Existing public roads shall be identified by traffic, legislative route numbers or their posted Borough names and numbers and private roads by their names and locations.
(6) 
Proposed lot or parcel lines shall be drawn to scale and dimensions given in feet and hundredths of a foot. Lot areas shall be shown in square feet. The map shall depict the proposed subdivision as a part of the contiguous holdings of the subdivider and show adjacent lots already taken from the parcel.
(7) 
A Planning Module for Land Development (or such other comparable documentation as may be required by the Pennsylvania Department of Environmental Resources), along with a soils evaluation by the test pit method and/or other required supplemental data, shall be reviewed by the Borough Sewage Enforcement Officer and submitted in a form suitable for adoption by the Borough as a supplement to the Borough Official Wastewater Disposal Plan.
C. 
Procedures for minor subdivisions.
(1) 
The subdivider shall submit the application for minor subdivision approval, along with the required copies of the plan, to the Planning Commission Secretary prior to the meeting of the Borough Planning Commission at which action is desired. The Planning Commission Secretary shall note receipt of the application and collect any fees due.
(2) 
A copy of the application shall also be forwarded, at the time it is submitted to the Borough Planning Commission, to the Pike County Planning Commission per requirements of the Pennsylvania Municipalities Planning Code.[1] The subdivider shall assume this responsibility.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
The Borough Planning Commission shall act on the application no later than its second regular meeting following receipt of the same, unless the application is determined to be incomplete and is not accepted for filing. Incomplete applications shall be returned to applicants by the Borough Planning Commission Secretary, with or without the Planning Commission's advice, and shall be accompanied by a written explanation of the items which are missing. The Commission shall act on applications, making recommendations to the Borough Council, which recommendations shall be in letter form or noted on the plats submitted. One (1) copy shall be retained for Commission files and the remainder returned to the Secretary.
(4) 
The Borough Council shall approve or disapprove the minor subdivision only after receiving the Planning Commission's recommendations on the same, unless a period of forty-five (45) days has expired since the filing date and no Planning Commission recommendations have been received. The Council shall act no later than seventy-five (75) days following the filing date.
(5) 
The Council shall concurrently act on the proposed supplement to the Official Wastewater Disposal Plan and shall communicate its decisions, in writing, to the applicant within fifteen (15) days following the action [within ninety (90) days following the filing date], setting forth any reasons for disapproval if that should be its decision.
A. 
A sketch plan may be submitted to the Planning Commission by the owner of any land to be subdivided or developed for the purpose of classification and preliminary discussion of the proposed subdivision or land development. No action will be taken by the Planning Commission with respect to a sketch plan, and no discussions concerning the same shall later be construed to have implied approval of any sort.
B. 
Nine (9) copies of an application and preliminary plan shall be required for all proposed major subdivisions and land developments. The preliminary plan shall include all the items identified in § 108-16 below and shall be submitted to the Planning Commission Secretary, who shall note receipt of the application and collect any fees due. Copies shall be distributed in the manner provided for minor subdivisions. The Planning Commission shall review the preliminary plan to ascertain whether it complies with the requirements of this chapter. It may request the subdivider to submit additional information, make certain corrections or changes or advise the Borough Planning Commission Secretary to return the plan as incomplete and, therefore, not acceptable for filing.
C. 
The Commission shall, no later than forty-five (45) days following the filing date, make its recommendation for approval or disapproval and submit five (5) signed copies of the preliminary plan and accompanying Planning Module for Land Development to the Borough Council. The Borough Council shall make its decision regarding the preliminary plan within thirty (30) days of its receipt from the Planning Commission and communicate that decision, in writing, to the applicant within fifteen (15) days [ninety (90) days total from the filing date], setting forth any reasons for disapproval should that be the decision.
D. 
The Borough Council shall concurrently make its decision with respect to the Planning Module for Land Development to revise or supplement its Official Wastewater Facilities Plan, and if approval is granted, said revision or supplement will promptly be forwarded to the DER. Preliminary approval shall be conditional upon DER acceptance of the proposed revision.
E. 
Applications for subdivision and land development shall also be concurrently forwarded to the Pike County Planning Commission for a review, together with a fee (if one is required) sufficient to cover the costs of the review, which fee shall be paid by the applicant. The subdivider shall assume this responsibility.
F. 
After receiving approval of a preliminary plan (or when conditions are removed), the subdivider shall install or guarantee installation of the improvements required by this chapter and commence the preparation of final plans. In the absence of actual installation of improvements, the subdivider may otherwise guarantee them according to the requirements of § 108-17.
G. 
Following the installation and inspection of improvements or preparation of satisfactory guaranties for their installation and maintenance, the subdivider may submit final plans to the Borough, which shall be processed in the same manner as preliminary plans. Final plans may be submitted in stages. However, no preliminary plan (or portions of such plan) shall remain valid for development of final plans after a period of five (5) years from preliminary approval, and no final plans will be accepted for any subdivision or land development for which the DER has not approved the necessary revision to the Official Wastewater Disposal Plan.
H. 
Following approval of the final plan by the Borough Council, the subdivider shall, within ninety (90) days, officially record the final plan in the office of the Pike County Recorder of Deeds. Failure to do so will render the plan void and the subdivider shall resubmit the plan for approval, including any filing fees required.
The sketch plan should be at a scale sufficient to show the entire tract on one (1) sheet and should show or include the following:
A. 
The location of that portion which is to be subdivided in relation to the entire tract.
B. 
All existing structures and wooded areas within the portion to be subdivided.
C. 
The name of the owner and of all adjoining property owners as disclosed by the most recent deed or tax records.
D. 
All streets or roads, drainageways, catch basins, storm sewers, streams, water, sewage and gas and power lines within two hundred (200) feet of the subdivision.
E. 
The tentative layout of the remainder of the tract owned by the subdivider.
F. 
North Point, scale and date.
G. 
A location map with sufficient information to enable the locating of the property.
A. 
The preliminary plan shall be clearly and legibly drawn at a scale compatible with Pike County Tax Maps. Maps shall be not less than eight and one-half by eleven (8 1/2 x 11) inches nor more than thirty-six by forty-eight (36 x 48) inches in size and shall show the entire tract to be divided.
B. 
The plans will contain the following information:
(1) 
Proposed name of the subdivision. This name shall not duplicate in spelling or pronunciation any recorded subdivision within Pike County.
(2) 
Location by Borough, county and state. The plan should also include Tax map numbers for affected and adjacent parcels.
(3) 
North point, date and graphic scale.
(4) 
Boundaries of total tract and acreage contained within it.
(5) 
Locations, names and widths of rights-of-way of all streets, widths of utility rights-of-way, parks and public grounds, permanent buildings in or adjacent to the subdivision which will have an effect on the design and all open space easements.
(6) 
Approximate locations of existing sanitary sewers, public water mains, storm sewers, electric power and transmission lines, gas lines and all other items above or below ground with direction of flow and pressure.
(7) 
Names of owners of abutting properties and lines showing where they intersect.
(8) 
Existing contours at intervals of at least every twenty (20) feet. United States Geological Survey maps may suffice for the basis of this item. The Borough reserves the right to request greater detail when the scope or nature of the development demands the same, particularly in regard to stormwater concerns.
(9) 
Proposed layout of streets, alleys and other public rights-of-way, including widths and proposed names which shall not duplicate existing names by spelling or pronunciation. The street proposals shall be accompanied by a submission of plans as required by Borough Road and Street Encroachment Ordinances (if either shall exist), including profiles, cross sections and preliminary designs for bridges and culverts.
(10) 
The proposed layout, numbering and approximate dimensions and acreage of lots.
(11) 
Parcels to be dedicated to the public or reserved for their use or to be reserved by covenant for residents shall be shown and marked as such.
(12) 
Building setback lines. Where lots are located on a curve or side lines are not parallel, the width at the building line shall be shown.
(13) 
All drainage easements shall be shown and marked as such.
(14) 
Approximate final grades in areas of cut or fill shall be shown.
(15) 
Any lots designated for uses other than residential shall be indicated.
(16) 
Proposed covenants and restrictions.
(17) 
The subdivider shall present a letter from each utility company servicing the area indicating that the utility company is aware of and will provide service to the proposed subdivision.
(18) 
Erosion and sedimentation plan prepared in cooperation with the Pike County Conservation District (where required).
(19) 
Stormwater management plan prepared in cooperation with the Pike County Conservation District (where required).
(20) 
Planning Module for Land Development, along with all information required in order to approve as a revision or supplement to the Official Plan.
(21) 
All applicable zoning data.
(22) 
A properly executed application on a form provided by the Council.
[Amended 11-1-2005 by Ord. No. 281]
A. 
Methods to be followed.
(1) 
After approval of the preliminary plan, the subdivider, in a manner consistent with the Pennsylvania Municipalities Planning Code,[1] shall provide for the installation of the required improvements (those physical additions and changes which may be necessary to provide usable and desirable lots). Before requesting final plan approval, the subdivider must:
(a) 
Install all the improvements approved on the Preliminary Plan and required in Article IV at the standards required; or
(b) 
File with the Secretary of the Borough a performance guaranty to insure installation and construction of all required improvements at the standards required. Such guaranty shall meet with the approval of the Borough Solicitor as to form and procedure.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
The subdivider shall meet with the Borough Engineer to develop a schedule, so that at the time each improvement is to be installed and upon its completion, adequate inspections can be made.
B. 
Performance guaranty. This section is designed to be consistent with Sections 509 through Section 511 of the Pennsylvania Municipalities Planning Code,[2] and the Borough hereby incorporates all authorities and requirements contained therein as part of this chapter.
(1) 
Posting. The performance guaranty must be approved by the Council with the advice of the Borough Solicitor and Borough Engineer and must:
(a) 
Be a corporate surety bond, certified check or other security, provided that the same is satisfactory to the Council and consistent with the requirements of the Pennsylvania Municipalities Planning Code.
(b) 
Be payable to the Borough of Matamoras.
(c) 
Be in an amount sufficient to complete the improvements in compliance with these and other Borough regulations plus expected cost increases as provided in the Municipalities Planning Code.[3] A statement of specifications and costs of improvements certified by the Borough Engineer or other qualified individual designated by the Borough shall be provided.
[3]
Editor's Note: See 53 P.S. § 1010 et seq.
(d) 
In the case of cash or its equivalent, be held in an escrow fund in the name of the Borough.
(e) 
Specify a satisfactory completion date for improvements which shall not be more than one year from the date of the final approval. Provisions may also be made, pursuant to the aforementioned Code, for completion of improvements in phases or over a longer period, in cases of large developments.
(2) 
Return. When the required improvements have been completed and approved for conformity with these and other Borough regulations by the Borough Engineer or other qualified individual designated by the borough and accepted by the Borough Council, the guaranty must be released and returned, pursuant to Section 510 of the Pennsylvania Municipalities Planning Code.[4] When any of the required improvements have been completed and approved or materials for the same have been secured on-site, a portion of the security commensurate with the cost of these improvements as confirmed by the Borough Engineer may be released and returned.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
Default. In the event of default, the obliger and surety shall be liable thereon to the Borough for the cost of the required improvements or parts thereof not installed. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the required improvements covered by said security, the Borough Council may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the required improvements covered by such security and not for any other municipal purpose.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Fees to cover inspection and related costs. Prior to the certification of any improvements or release of any guaranty, the subdivider shall pay all inspection and related costs (for professional consultant services, meetings, advertisements and expenses) associated with the improvements or guaranties. The costs will be assessed as a special fee apart from the regular fees provided for in § 108-20 of these regulations. Said payment shall be made to the Borough. In the event that payment in full has not been received by the Borough of all fees within 15 days after the invoice for same has been mailed or issued, the Borough may, in its discretion, withhold the release of the guaranty and provide no reason for such action other than the nonpayment of the appropriate fees unless the subdivider has filed notice pursuant to the MPC that it disputes the consultant's fees.
[Amended 11-1-2005 by Ord. No. 281]
A. 
The final plan shall be drawn on new, permanent, transparent material. The plan shall be prepared on one (1) or more sheets of a uniform size and scale coinciding with those used on Tax Maps for Pike County. Final plan attachments and exhibits shall be numbered and labeled in accordance with the requirements of this section and a subdivision checklist to be developed by the Borough. The final plan shall include, in addition to the information required for the preliminary plan submission, the following:
(1) 
Exact locations, widths and names of all streets and all crosswalks within the subdivision.
(2) 
Complete curve data for all curves included in the plan.
(3) 
Exact descriptions of all easements being provided for services or utilities in the subdivision, and any limitations placed on the use of such easements.
(4) 
Accurate outlines of any lots or areas to be reserved or dedicated for common use by residents of the subdivision or for general public use, with the purpose indicated thereon.
(5) 
Front building lines, shown graphically with dimensions.
(6) 
A final version of all restrictions and covenants, if any, the developer intends to place in the deeds to the lots in the subdivision. If no such restrictions or covenants are to be imposed, a statement to that effect shall be included.
(7) 
The total tract boundary lines of the area being subdivided, with accurate distances to hundredths of a foot and bearings to one (1) minute. These boundaries shall be determined by accurate survey in the field, which shall be balanced and close with an error of closure not to exceed one (1) foot in twenty thousand (20,000) feet; provided, however, that the boundary(s) adjoining additional unplatted land of the subdivider (for example, between separately submitted final plan sections) are not required to be based upon field survey and may be calculated. The location and elevation of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify, using the form specified in the Appendix,[1] to the accuracy of the survey, the drawn plan and the placement of the monuments.
[1]
Editor's Note: Said appendix is on file in the Borough offices.
(8) 
A certificate signed by the project engineer indicating that all improvements have either been installed and approved by the proper officials or agencies or that a guaranty in an amount satisfactory to the Borough Engineer or other qualified individual designated by Borough Council and sufficient to ensure their installation has been submitted to the Borough.
(9) 
Complete final construction plans and profiles of installed or proposed storm drains, with grades and pipe sizes.
(10) 
Complete final construction plans of installed or proposed public water distribution systems showing pipe sizes and locations of valves and fire hydrants, if any, unless private wells are to be used.
(11) 
Evidence of actual arrangements made with utility companies or agencies for supplying each lot in the subdivision.
(12) 
A key map for the purpose of locating the site to be subdivided, at a scale of not less than two thousand (2,000) feet to one (1) inch, showing the relation of the property to adjoining property and to all streets, roads and municipal boundaries existing within one thousand (1,000) feet or any part of the property proposed to be subdivided. United States Geological Survey quadrangle maps may suffice as a base for such a key map.
(13) 
Approval blocks for signature of the Borough Planning Commission and the Borough Council shall appear on the first sheet of the set of plans. The responsible officials will also sign a set of reproducible drawings on Mylar or comparable material.
(14) 
A statement that Erosion and Sedimentation and Stormwater Management Plans, as required, have been prepared and, where appropriate, approved by the Pike County Conservation District.
B. 
Each final plan submission shall, in addition to the items required above, include new submissions of preliminary plan data in any instance where there has been a change in the plans or the circumstances surrounding them.
A. 
In cases of lot improvement subdivisions, wherein a parcel of land is added to an existing lot for the purposes of increasing the size of the existing lot or a number of small lots are resubdivided or realloted so as to make a lesser number of larger lots, the provisions of this chapter shall be waived, provided that:
(1) 
The grantor's remaining lands comply in all respects to the provisions of this chapter; and
(2) 
Three (3) copies of the subdivision plan are submitted to the Planning Commission.
B. 
After the Planning Commission shall have determined that the conditions for a lot improvement waiver have been met, it shall notify the Borough Council of such determination and the Borough Council shall sign the plans at its next regular meeting. The following notation shall be placed on the plans which are processed as a waiver under this action: "Action is granted for recording purposes only in accordance with Section 2.700 of the Subdivision and Land Development Regulations (§ 108-19 of Ch. 108, Subdivision of Land)."
[Amended 11-1-2005 by Ord. No. 281]
A. 
At the time an application for subdivision approval is filed, a fee shall be paid to the Borough by the subdivider; such fee to be determined from a schedule of fees as adopted by the Borough Council by resolution. The Borough shall also be empowered to charge an applicant for expenses incurred by either the Planning Commission and/or Borough Council for professional fees as a result of professional work required on behalf of said Commission and/or Council, as the result of the filing of an application seeking approval by either the Planning Commission and/or Borough Council.
B. 
These fees shall include, but will not be limited to legal, engineering and consultant fees. The professionals employed at the request of either Planning Commission and/or Borough Council will submit a written voucher for work performed on an hourly basis, which fees have been approved by the Borough Council. Payment of fees by the applicant shall be a prerequisite for approval of the application, but shall be paid regardless of whether approval is granted or denied.
C. 
The applicant shall be invoiced for all fees promptly by the Borough. In the event that payment in full has not been received by the Borough of all fees within 15 days after the invoice for same has been mailed or issued, the Borough may, in its discretion, deny the pending application and provide no reason for the denial other than the nonpayment of the appropriate fees unless the subdivider has filed notice pursuant to the MPC that it disputes the consultant’s fees.
D. 
The application, amended as may be required to bring it into compliance under the Subdivision Ordinance, may be resubmitted to the Borough Council within 30 days after denial, and upon remittance of said fees. At expiration of the thirty-day limitation, the application will then be considered to be a new application, and subject to regulations as set forth herein. No new application will be accepted for filing by the Borough prior to payment of all fees incurred for the application at the current or any prior stage.