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§ 213-13 Final plan submission.

A.

Unless the final plan submission is made within two years of the date of the preliminary plan approval or unless the Borough Council grant an extension, in response to a written request which is submitted within two years of the date of the preliminary plan approval, the preliminary plan approval shall be considered void. A new preliminary plan submission will be required if the previous approval is void. The new plans shall conform to current regulations.

B.

The final plan shall conform in all significant respects to the preliminary plan as previously approved, but shall incorporate all modifications required by the Borough Council. The Borough Planning Commission may, however, accept a final plan modified so as to reflect any substantial changes which have occurred on the site of the proposed subdivision, or in its surroundings, since the time of the preliminary plan approval.

C.

Official submission of the final plan to the Borough Secretary shall comprise the following:

(1)

Submission of one copy of a completed final subdivision and land development application.

(2)

Submission of 11 sets of paper prints of the final plan, which shall fully comply with provisions of this chapter as set forth in § 213-12.

(a)

The final plan shall be submitted in color format.

(b)

The final plan shall be provided on a CD in AutoCAD and DXF drawing format.

(3)

Submission of four copies of all required supplemental information as set forth in § 213-12E.

(4)

All subdivision and land development submissions in the final stage shall submit a detailed document including, but not limited to, the following:

(a)

Cover sheet.

(b)

Feasibility study and concept development.

(c)

Design integration with existing and current planned community development.

(d)

Detailed design.

(e)

Utilities.

[1]

Descriptions.

[2]

Design requirements.

[3]

Usage requirements.

(f)

Traffic study.

(g)

Construction process.

[1]

Project phase.

[2]

Progress monitoring.

[3]

Project schedule.

D.

The Borough Secretary shall distribute the plans and other material as follows:

(1)

Five sets of the plans and one set of the supplemental information to the Borough Planning Commission. Two sets of plans and two sets of supplemental information to the Borough Engineer, one set of plans to the Borough Solicitor, and one set of plans to the Pennsylvania-American Water Company.

(2)

The Borough Secretary shall retain one set of the plans and one set of the supplemental information.

E.

Additional prints of the final plan shall be provided by the developer to the Borough Secretary for distribution to the respective agencies in each of the following circumstances:

(1)

Whenever a proposed subdivision or land development is located adjacent to another municipality, one print of the final plan shall be submitted for each additional or adjacent municipality to the respective municipalities.

F.

The applicant shall submit one set of plans, all supplemental material relevant to said agency, and required fees to the agencies set forth in § 213-10D if revisions were required by said agencies.

§ 213-14 Review of final plan.

A.

By the Borough Planning Commission.

(1)

When a final plan has been submitted to the Borough Secretary, such plan shall be placed on the agenda of the Planning Commission for review at a meeting to be held within 60 days of the submission, provided that such submission has occurred no less than 21 days prior to such meeting. The Planning Commission may hold a public hearing on the final plan at this time.

(2)

The Planning Commission shall review the final plan to determine its conformance with the standards contained in this chapter and other applicable municipal ordinances, and shall recommend such changes and modifications as it deems necessary.

(3)

No action shall be taken by the Borough Planning Commission with respect to a final plan until it has received and considered the written report of the Joint Planning Commission; provided, however, that if the Joint Planning Commission shall fail to report thereon within 30 days after receipt of a final plan by the Joint Planning Commission, then the Borough Planning Commission may officially act without having received and considered such report.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(4)

Within 60 days after the first meeting following the submission of the final plan, providing that such submission has occurred no less than 21 days prior to such meeting, the Planning Commission shall recommend to the Borough Council, in writing, that the final plan be approved or disapproved together with the documented findings upon which the recommendations are based. With the recommendations, the Planning Commission shall forward one Mylar of the record plan and three paper prints of the record plan to the Borough Council. The plans shall bear the signatures of the Planning Commission if the Planning Commission has voted to recommend that the plans be approved by the Borough Council. One complete set of plans and one set of all supplemental material shall also be forwarded to the Borough Council.

B.

By the Borough Council.

(1)

Approval or disapproval of plan.

(a)

Within 90 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period following the date of the application, in which case the ninety-day period commences on the 30th day following the date of the application), the Borough Council shall, in accordance with the provisions of relevant ordinances and considering the recommendations of the Planning Commission, take action by approving or disapproving the final plan. This time period may be extended by action of the Borough Council or the Planning Commission upon the receipt of a written request for an extension of time from the applicant. The Borough Council shall document the findings upon which that action is based, and communicate them to the applicant within 15 days from the date that the decision has been made. This communication shall occur within the period provided for a decision in the first sentence of this subsection. The decision and findings shall be communicated to:

[1]

The applicant;

[2]

The Borough Zoning Officer;

[3]

The Borough Planning Commission;

[4]

The Borough Engineer;

[5]

The Borough Solicitor.

(b)

Action by the Borough Council to approve the final plan shall be made in the form of a motion, which is duly passed by the Board. The motion shall include stipulations as to the terms of approval including the improvements agreement if one is called for. No subdivision plan shall be approved unless the review fees, recreation fees, and other fees required under the terms of this chapter have been paid in full, and unless the improvements agreement, if one is called for, has been executed.

(2)

Action by the Borough Council to approve or disapprove the final plan shall be made in the form of a motion, which is duly passed by the Board.

(3)

If approved, the motion passed by the Board shall include stipulations as to the terms of approval, including the improvements agreement if one is called for. The conditions for approval shall be made in writing and conveyed to the applicant.

(4)

If disapproved, the motion passed by the Board shall include the reason(s) for disapproval and shall be conveyed, in writing, to the applicant.

(5)

No final subdivision plan shall be signed and processed for recording unless the review fees, and other fees required under the terms of this chapter have been paid in full, and unless the improvements agreement, if one is called for, has been executed.

§ 213-15 Final plan recording.

A.

Within 30 days of the execution of the resolution approving the subdivision, the applicant shall supply two Mylar reproducible prints and three paper prints of each plan in the set of final plans to the Borough Zoning Officer.

B.

The Borough Zoning Officer shall distribute the plans for signature by the Borough Council and the Borough Planning Commission. The applicant shall distribute the plans for signature by the Lehigh Valley Planning Commission.

C.

Upon the placement of the signatures on the plan as required by Subsection B and within 90 days of the approval of the subdivision or land development, the applicant shall file the plan at the Northampton County Recorder of Deeds office in the form prescribed by the Recorder of Deeds. Proof of recording shall be furnished to the Borough Secretary.

D.

The Borough Zoning Officer shall retain the Mylar set of plans and shall distribute one set of the approved plans each to the Borough Planning Commission, the Borough Council, and the Borough Engineer.

§ 213-16 Final plan requirements.

A.

The final plans shall conform to standards and data requirements as set forth for preliminary plans in § 213-12 of this chapter.

B.

It shall not be necessary to resubmit supporting maps and data submitted with the preliminary plan, provided there has been no change.

C.

The following additional data shall be illustrated on the final plan:

(1)

The latest source of title to the land, as shown by the deed, page number, and book of the Northampton County Recorder of Deeds.

(2)

The total tract boundary lines of the area being subdivided, with accurate distances to hundredth of a foot and bearings to the nearest second. These boundaries shall be determined by accurate survey in the field, to an error of closure not to exceed one foot in 10,000 feet. The tract boundary shall be subsequently closed and balanced. However, the boundary or boundaries adjoining additional unplotted 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 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 surveyor shall certify to the accuracy of the survey, the drawn plan, and the placement of the perimeter monuments.

(3)

The following data for all proposed and existing streets:

(a)

The name, proposed name, or number of the street;

(b)

The cartway width of the street;

(c)

Location of width of sidewalks;

(d)

The right-of-way width and right-of-way lines of the street;

(e)

Locations of all required street and traffic signs.

(4)

Block and lot numbers, and a statement of the total number of lots; all lot lines shall be completely dimensioned in feet if straight, and if curved, by designating length of arc and radius (in feet) and chord bearing and distance. All internal angles within the lots shall be designated to within the nearest second. The proposed front, side and rear building setback lines, and the proposed placement of each building and driveway, shall be shown. The area of each lot shall be noted in both square feet and acres.

(5)

Officially established house/building numbers for street addresses as assigned by the Borough Zoning Officer or Council.

(6)

All easements or rights-of-way and any limitations on such easements or rights-of-way. Rights-of-way shall be shown and accurately identified on the plan, and easements shall either be shown or specifically described on the plan, including geometric location on the plan. Easements should be located in cooperation with the appropriate public utilities; the exact location of all utility line installations also shall be shown. The terms of all easements or rights-of-way shall be stated in notes on the plan.

(7)

Such covenants, conditions and deed restrictions as may be imposed upon the grantees, their heirs, executors and assigns, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided or developed. All such covenants and restrictions shall be summarized in notes on the record plan and shall include, as a minimum, the following:

(a)

After their construction, grantees shall repair and be responsible for maintaining all swales and detention ponds. Once established and approved, the extent and grades of all swales and detention ponds shall be maintained in perpetuity. Maintenance shall include, but not be limited to, regular lawn mowing, removal of trash/debris, plus repair of all sinkholes.

(b)

All drainage swales within street rights-of-way and drainage/utility easements shall be maintained in a grassed or otherwise improved conditions in accordance with the grades and designs shown on the approved plans. All these easements and roadside drainage swales shall be kept free of all obstructions, including but not limited to such obstructions such as fill, temporary or permanent structures, and landscaping materials (other than grass).

(c)

All electric, telephone, and cable TV utility distribution lines shall be installed underground.

(8)

A statement of the intended use of all nonresidential lots or parcels, with reference to restrictions of any type which exist or will exist as covenants in the deed for the lots or parcels contained in the subdivision, and if covenants are recorded, including the book and page number of the Northampton County Recorder of Deeds.

(9)

If the subdivision fronts on a state route, a note reading as follows shall be placed on the plan: "A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"

Editor's Note: See 36 P.S. § 670-420.
before driveway or roadway access to a state highway is permitted.

(10)

The location of all existing and proposed street monuments, as required by § 213-34E; a certification of ownership, acknowledgment of plan, and offer of dedication and an acceptance clause for the Borough Council shall be lettered on the plan, duly acknowledged and signed by the owner of the property, and notarized; a certificate for approval of the plan by the Borough Council shall be provided; a certificate for the recommendation for approval by the Borough Planning Commission shall be provided; a certificate indicating review of the Plan by the Lehigh Valley Planning Commission shall be provided; space shall be left along the lower edge of the sheet, in order that the Northampton County Recorder of Deeds may acknowledge receipt and recording of the plan when it is presented; if the final plan requires more than one sheet, a key diagram showing the relative location of the several sections shall be drawn on each sheet.

(11)

The final subdivision or land development plan shall contain the following legend: Prior to the issuance of a building permit or commencement of construction for any individual lot or parcel shown hereon, the applicant shall submit to the Borough Engineer for review and approval, three copies of a final grading plan drawn at a scale of one inch equals 20 feet. The grading plan shall be sealed by the professional engineer or land surveyor responsible for the preparation of the plan. The plan shall contain the following information:

(a)

Lot lines with bearings and distances, lot area, locations of all existing and proposed lot corner monumentation, and tax parcel identification number for the subject property.

(b)

Existing and proposed contour elevations at intervals of two feet, including the subject jot, adjoining street(s) and 50 feet beyond the subject property, as approved on the final grading plan. If the average slope of the property is less than 3%, contour elevations at intervals of one foot shall be provided.

(c)

Spot elevations for the first floor level of any structure, primary on-lot sewage disposal systems (where applicable), finished road elevations at point of entry, and any other area as deemed necessary by the Borough Engineer.

(d)

North reference, building restriction lines, easements and rights-of-way within or adjacent to the subject property.

(e)

Location, size and elevations of all existing or proposed storm drainage structures within or adjacent to the subject property.

(f)

All property adjoiners and names of adjoining street(s).

(g)

Locations of all percolation test holes and soil probes and the locations and dimensions of primary and secondary on-lot sewage disposal systems, where applicable.

(h)

The exact location and dimensions of any proposed structure, appurtenant structure, road or driveway, with tie-in dimensions to property line.

(i)

Individual lot soil erosion and sedimentation controls in accordance with the approved subdivision plan or current conservation district standards.

(j)

All covenants and conditions from the plan of record, if the subject property is part of an approved and recorded subdivision plan.

D.

The final plan shall be accompanied by the following:

(1)

A plan showing the following information:

(a)

Location, size and invert elevation of storm drainage systems, and the location of all manholes, inlets and culverts, and where applicable, all sanitary sewer and water distribution systems.

(b)

Final plan and profile drawings, typical sections and specifications for proposed streets, storm drainage systems, and where applicable, sanitary sewers and water distribution systems each shown on one or more separate sheets.

(c)

A contour grading plan and a plan for minimizing erosion and sedimentation, in accordance with erosion and sediment control standards as set forth in § 213-27A; a landscape plan, according to standards as set forth in § 213-27B(2).

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2)

A completed and executed copy of the Subdivision and/or Land Development Improvements Agreement.

(3)

Financial security to cover the costs set forth in the improvements agreement. The financial security shall conform in all respects to the requirements of § 213-36.

(4)

A copy of the highway occupancy permit for any road or driveway requiring access to a state route which is appropriate for the type of access required.

(5)

The original deed for any areas proposed for dedication in relation to the subdivision or land development.

(6)

An analysis establishing traffic signing and speed limits for any roads created by the subdivision. All traffic and street signage shall be shown on the final plan.

E.

In the case of a subdivision or land development proposed to be built in stages or sections over a period of years, final plan requirements as listed in Subsection D(1) through (4) shall apply only to the stage or section for which final approval is being sought. However, the final plan presented for the stage or section must be considered as it relates to information presented for the entire subdivision or land development in the application for preliminary approval.

 

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