(a) An application for final approval may be for all the land included in a development plan, or, to the extent set forth in the tentative approval, a section thereof. Such application shall be made to the City and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.
(b) The application for final approval shall contain:
(1) Site map. Four copies of the final plan with the following requirements and information:
A. Drawn at a scale of one inch equals 100 feet as the tentative plan was drawn;
B. The final plan site map shall be drawn on tracing cloth or be a transparent reproduction with black line on cloth or stable plastic base film. If the final plan site map is drawn in two or more sections, they shall be numbered consecutively and accompanied by a key map showing the location of the several sections;
C. For all street rights of way and property lines within the Planned Residential Development the following shall be shown: accurate dimensions, bearings or deflection angles of all straight lines; error of closure may not exceed one foot in 10,000 for slopes of less than ten percent (10%) or two feet in 10,000 for slopes of ten percent (10%) and over; and radii, arcs and central angles of all curves;
D. For other rights of way and easements, the location, bearings, dimensions and purpose.
E. Survey data shall include: primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data on the map are referred;
F. Number to identify each lot and/or site;
G. Number of dwelling units and density by type;
H. Purpose for which sites other than residential lots are dedicated or reserved;
I. Building locations and building setback lines on all lots and other sites;
J. Names of record owners of adjoining unplatted land;
K. Reference to recorded land development plans of adjoining developed land by record name, date and number;
L. Notarized certification of title showing that applicant is the owner of the land, that the land development shown is his act and deed, and that it shall be recorded as shown;
M. Certification by Registered Land Surveyor or Registered Professional Engineer certifying to accuracy of survey and plan;
N. The location of all proposed monuments and street signs and the location and methods of street lighting facilities;
O. A location map corrected and updated from the tentative plan;
P. Source of title;
Q. Provisions for approval signatures by the City officials;
R. Provisions for review signatures by the City and County Planning Commission if desired by landowner; and
S. Final erosion control plan.
(2) Supporting data. The following data shall be included with the application for final approval:
A. Corrected and updated from the tentative plan, all detailed drawings and specifications for improvements;
B. Two copies of a centerline profile and cross-section maps or diagrams of streets showing proposed grades, curbs, sanitary and storm water sewers, water lines and any other underground utilities at a minimum scale of forty feet horizontal and four feet vertical; and
C. Two copies of deed restrictions and/or protective covenants for development.
(3) Certificates required. The following certificates are required:
A. From a Registered Professional Engineer retained by the City certifying that the developer has installed all improvements to the specifications of these requirements and has complied with any conditions attached to the approval of the tentative plan by the City, or that the developer has posted a surety performance bond or other acceptable security in amount sufficient to assure completion of all required improvements;
B. From State agencies: certification that method of sewage disposal and water supply have been approved by the Pennsylvania Department of Environmental Resources; and certification of Sediment and Erosion Control Plan bearing approval of Pennsylvania Department of Environmental Resources;
C. Other certificates as may be required such as from the Pennsylvania Public Utility Commission; and
D. An agreement that the developer shall install underground utilities before paving streets and constructing sidewalks.
(4) Fees. The final plan shall include thereon or be accompanied by filing fees and any other fee that may be required.
(c) In the event the application for final approval has been filed, together with all the drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communication of tentative approval, Council shall, within forty-five days of such filing grant such development plan final approval.
(d) In the event the development plan as submitted contains variations from the development plan given tentative approval, Council may refuse to grant final approval and shall, within forty-five days from the filing of the application for final approval, so advise the landowner in writing of such refusal setting forth in the notice the reasons why one or more of such variations are not in the public interest. In the event of such refusal, the landowner may either:
(1) Refile his application for final approval without the variations objected; or
(2) File a written request with Council that it hold a public hearing on his application for final approval.
If the landowner wishes to take either such alternative action he may do so at any time within which he shall be entitled to apply for final approval, or within thirty additional days if the time for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternative actions within such time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within thirty days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this Planned Residential Ordinance for public hearing on applications for tentative approval. Within thirty days after the conclusion of the hearing, Council shall, by official written communication, either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this Ordinance.
(e) A development plan, or any part thereof, which has been given final approval shall be so certified without delay by Council and shall be filed of record forthwith in the Office of the Recorder of Deeds of York County before any development shall take place in accordance therewith. Upon filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of such planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of such development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.
(f) In the event that a development plan, or a section thereof is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify Council in writing, or, in the event that the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as may be fixed by ordinance after final approval has been granted, no development or further development shall take place on the property included in the development plan until such property is re-subdivided and is classified by enactment of an amendment to the Zoning Ordinance of 1982, as amended.
(Ord. 13-1982 Sec. 4.50. Passed 11-3-82.)