The procedure for review of subdivision or land development
plans normally includes two stages, preliminary and final. These stages
are necessary to provide the Planning Commission and the Borough Council
adequate opportunity to review each proposal and ensure that their
recommendations may be included in the final plan. A third stage,
the sketch plan, is optional to the subdivider or developer, but is
recommended in large and/or more complex situations. Review is required
according to the following table.
|
Plan Stage
|
Minor
|
Major
|
|---|---|---|
|
Sketch
|
Optional
|
Recommended
|
|
Preliminary
|
Optional2
|
Required1
|
|
Final
|
Required
|
Required
|
|
NOTES:
| |
|---|---|
|
1
|
Preliminary review may be waived by the Planning Commission
if the sketch plan is unusually detailed.
|
|
2
|
Preliminary review is required if a minor subdivision plan contains
four or more lots.
|
A.
Purpose.
(1)
The purpose of the sketch plan stage is to enable the developer to
consult early and informally with the Planning Commission before preparation
of the preliminary plan and formal application for approval. The sketch
plan will be considered as submitted for informal review and discussion
only and shall not constitute formal filing of the plan with the Borough.
(2)
During the sketch plan review, the developer can make use of the
services of the Borough Planning Commission to help him analyze the
site and plan for its coordination with the community. Also, the Planning
Commission will have an early opportunity to give informal guidance
at a time when potential conflicts can be more easily resolved. The
following general matters should be discussed during the sketch plan
stage:
B.
Submission and review. The sketch plan submission is at the option
of the developer. In order to make a sketch plan submission, the developer
shall file two copies of the sketch plan, together with the required
filing fee, contract for professional services and professional services
escrow account deposit, with the Borough Manager at least 30 days
in advance of the Planning Commission meeting at which the plan is
to be reviewed. The Borough Manager shall immediately forward one
copy of the plan to the Borough Engineer, retaining the other for
the Borough files. The Borough Manager shall advise the Chairman of
the Planning Commission of the receipt of such sketch plan. At its
earliest regularly scheduled meeting, the Planning Commission shall
review the developer's submission, discuss the plan with the developer,
evaluate the plan and provide appropriate comments.
[Amended 7-13-2009 by Ord. No. 663]
A.
Purpose. The purpose of the preliminary plan is to require formal
conditional approval of plans in order to minimize changes and revisions
before final plans are submitted.
B.
Submission.
(1)
The developer shall file 12 copies or such other number as may be required by the Borough Manager of the preliminary plan and required supporting data, together with the required filing fee, contract for professional services and professional services escrow account deposit to the Borough Manager, at least 30 days in advance of the meeting of the Planning Commission at which the plan may be first considered. The Borough Manager shall check the submission for completeness in accordance with § 135-46. If incomplete, he shall immediately (but in no case later than five working days) return the submission to the developer indicating deficiencies or, if complete, accept the, submission and immediately distribute copies as indicated below.
[Amended 7-7-1997 by Ord. No. 604; 7-13-2009 by Ord. No. 663]
(2)
The developer shall also concurrently submit two copies of said plans
and data to the Bucks County Planning Commission for its review and
recommendations to the Borough Planning Commission.
(3)
No later than five days after filing the preliminary plan and the required material pursuant to § 135-46, the developer shall provide written notice of the submission of the preliminary plan to all owners of real estate whose property abuts the proposed subdivision or land development. For the purpose of this notice requirement, properties are abutting even if separated by a street. The written notice shall include a copy of the application submitted pursuant to § 135-46, a general description of the nature and scope of the proposed subdivision or land development, and the date of the Planning Commission meeting at which the plan will first be reviewed. The written notice shall be sent by first-class mail. At least five days prior to the first Planning Commission meeting at which the plan will be reviewed, the developer shall submit to the Borough Manager a copy of the written notice and an affidavit that written notice was provided pursuant to and in compliance with this § 135-11B(3). The affidavit shall include a list of the names, addresses and tax parcel numbers of each person to whom written notice was mailed.
[Added 11-12-2012 by Ord. No. 682]
C.
Referral.
(1)
The Borough Manager, upon determination that the preliminary plan
submission is complete, shall forward copies of the plan to the following
agencies:
(a)
Two copies of the plan and supporting data, one copy of a feasibility
report on water and sewer facilities and three copies of the plan
module shall be transmitted to the local office of the Pennsylvania
Department of Environmental Resources for review and recommendations.
(b)
One copy of all material shall be transmitted to the Bucks County
District of the Soil Conservation Service of the United States Department
of Agriculture for review and recommendations concerning erosion,
sediment, and drainage control (for subdivisions of 25 acres or more).
(c)
One copy of the plan shall be transmitted to the District Office
of the Pennsylvania Department of Transportation for review and recommendations
on where the land development will front on an existing or proposed
state highway or has a proposed street entering on such a highway.
(d)
One copy of all material shall be transmitted to the Borough
Engineer for review of engineering requirements.
(e)
One copy of the plan and supporting data shall be maintained
in the Borough files.
(f)
Remaining copies shall be distributed and/or kept in the Borough
offices for use by the Planning Commission, Borough Council and/or
other applicable Borough agencies.
(2)
Additionally, the Borough Manager shall notify the Chairman of the
Planning Commission and a designated member of the Borough Council
of the receipt of such plan.
D.
Fees. A prescribed filing fee, contract for professional services
and professional services escrow account deposit shall accompany the
preliminary plan. No application shall be accepted by the Borough
Manager unless the filing fee, contract for professional services
and professional services escrow account deposit payments are made
to the Borough according to a schedule adopted by separate resolution.
[Amended 7-13-2009 by Ord. No. 663]
E.
Planning Commission review.
(1)
The Borough Engineer shall review the preliminary plan and submit
reports to the Planning Commission within 30 days of receipt from
the Borough Manager.
(2)
At its first regular meeting following receipt of reports from the
Borough Engineer or expiration of his thirty-day review period, whichever
shall occur first, the Planning Commission shall review the developer's
submission, discuss the plan with the developer and consider the reports
of the Engineer and any other applicable agencies.
(3)
Following the review of the preliminary plan with the developer,
the Planning Commission shall evaluate the plan in regard to the general
purposes and specific provisions of this chapter and act thereon as
submitted or modified. Following such an evaluation and within 60
days of receipt of the preliminary plan by the Borough Manager, the
Planning Commission shall recommend approval, conditional approval
or disapproval of said preliminary plan as submitted. Such action
shall take place at a regular public meeting of the Planning Commission,
and if approval is recommended, the Planning Commission shall state
the recommended conditions of such approval, if any, or, if disapproval
is recommended, shall express its reasons therefor.
(4)
The action of the Planning Commission shall be recorded in the Commission's
minutes. A copy of such minutes shall be forwarded by the Borough
Manager/Secretary to the Borough Council prior to the next regular
meeting of the Borough Council following the Planning Commission's
meeting.
F.
Borough Council's decision.
(1)
At its first regular meeting following the Planning Commission's
meeting at which action is taken on a plan, the Borough Council shall:
(a)
Review the developer's submission, together with the reports
of the Planning Commission, the Engineer and the County Planning Commission.
(b)
Express its approval or its conditional approval, stating the
conditions of such approval; or its disapproval, stating the reasons
therefor.
(c)
Within 15 days following the decision, inform the developer,
in writing.
[Amended 7-7-1997 by Ord. No. 604]
(2)
The action of the Borough Council shall be noted on three copies
of the plan, together with its conditions, if any, or its reasons
for disapproval. One copy of the notated plan shall be forwarded to
the developer, one copy to the County Planning Commission and the
remaining copy retained for the Borough files.
(3)
Failure of the Borough to render a decision and communicate it to
the applicant within 90 days from the date of the meeting of the Planning
Commission next following the date the application is filed with the
Borough Manager 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 the presentation
of communication of the decision; in which case, failure to meet the
extended time or change in manner of the presentation of communication
shall have like effect.
G.
Public hearings. Before acting on any land development plan, the
Borough Council or Planning Commission may hold a public hearing thereon
pursuant to public notice.
H.
Effect of preliminary plan approval.
(1)
Approval of the preliminary plan by the Borough Council constitutes
conditional approval of the development as to the character and intensity
of development, the general layout and the approximate dimensions
of streets, lots and other planned features. This approval binds the
applicant to the general scheme shown on the preliminary plan.
(2)
Approval of the preliminary plan shall not constitute approval of
the final plan nor does it authorize recording of the preliminary
plan or the sale of any lots. Such approval only authorizes the applicant
to proceed with the preparation of the final plan.
I.
Transportation impact study.
[Added 11-12-2012 by Ord. No. 682]
(1)
Purpose. A transportation impact study shall be required for all major subdivisions and land developments. This study will enable the Borough to assess the impact of a proposed development on the transportation system in the Borough. Its purpose is to ensure that proposed developments do not adversely affect the transportation network and to identify any traffic problems that are created in the existing highway network as a result of the development. The study's purpose is also to identify solutions to potential problems and to present improvements to be incorporated into the proposed development or to the highway and/or public transportation system within the study area as defined in § 135-11I(3). The study shall assist in the protection of air quality, the conservation of energy, and the encouragement of public transportation use.
(2)
Conduct of the transportation impact study. The transportation impact
study shall be prepared by an experienced traffic engineer and/or
transportation planner with previous traffic study experience.
(3)
CAPACITY ANALYSIS
LEVEL OF SERVICE (LOS)
MAJOR INTERSECTION
OFF-SITE TRANSPORTATION IMPROVEMENTS
ON-SITE TRANSPORTATION IMPROVEMENT
PUBLIC TRANSPORTATION
STUDY AREA
TRIP GENERATION RATES
WARRANTS FOR TRAFFIC SIGNAL INSTALLATION
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Intersection approach capacity is the maximum rate of vehicular
flow that can pass through an intersection under roadway, traffic
and signalization conditions. The analysis compares actual or projected
traffic volume to the intersection capacity and in a volume/capacity
(v/c) ratio.
As described in the Highway Capacity Manual 2000, Transportation
Research Board, is a qualitative measure of the operational conditions
with the traffic stream and their perceptions by motorists. Levels
of service are defined in terms of delay for signalized intersections
and reserve capacity for unsignalized intersections. Six levels of
service (A through F) are defined for each type of facility with LOS
"A" representing least congested operating conditions and LOS "F"
representing a breakdown in the operating conditions.
Any intersection, either signalized or unsignalized, where
traffic generated by the proposal will have a significant impact on
the operation of the intersection. The transportation engineer shall
seek guidance from the Planning Commission prior to the initiation
of the traffic impact study to ensure agreement on the location of
major intersections.
Other transportation-related improvements which are generally
not contiguous with the property being developed and not required
as an on-site improvement but found to be necessary as a result of
the proposed development.
All improvements on or adjacent to the development site in
the public right-of-way required to be constructed by the developer
pursuant to any ordinance, resolution or requirement of Borough and/or
directly related to the transportation needs of the subdivision and/or
land development.
Transportation service for the general public provided by
a common carrier or passengers generally but not necessarily on a
regular route basis, by the Southeastern Pennsylvania Transportation
Authority or a private operator offering service to the public.
The area that extends along the adjacent roadways in both
directions from all access points to at least the first major intersection
along these roadways but no further than two miles. The transportation
engineer shall seek guidance from the Planning Commission prior to
the initiation of the traffic impact study to ensure agreement on
the study area boundaries.
The total count of trips to and from a study site per unit
of land use, as measured by parameters such as square footage, dwelling
units, and acres. The most recent edition of The Trip Generation Report
published by the Institute of Transportation Engineers shall be referenced
to determine trip generation rates.
A series of tests which detail the minimum traffic or pedestrian
volumes or other criteria necessary for the installation of a traffic
signal. These warrants are contained in the most recent edition of
the Manual on Uniform Traffic Control Devices for Streets and Highways,
U.S. Department of Transportation, Federal Highway Administration.
(4)
General requirements and standards. A transportation impact study
shall contain the following information:
(a)
Executive summary. The transportation impact study shall contain a succinct summary, supported by any necessary matrices, tables, or graphs, of all the material findings, analysis, conclusions, and recommendations required by this § 135-11I(4).
(b)
General site description. The site description shall include
the size, location proposed land uses, construction staging and completion
date of the proposed development. If the development is residential,
the types and number of dwelling units shall also be included. The
general site description shall also include probable socioeconomic
characteristics of potential site users to the extent that they may
affect the transportation needs of the site (e.g., number of senior
citizens). A brief description of other major existing and proposed
developments within the study area shall be provided.
(c)
Transportation facilities description. The description shall
contain a full documentation of the proposed internal and existing
external transportation system. This description shall include proposed
internal vehicular, bicycle and pedestrian circulation, all proposed
ingress and egress locations, all internal roadway widths and rights-of-way,
parking conditions, traffic channelizations, and any traffic signals
or other intersection control devices at all intersections within
the site. The site design shall be shown to maximize potential public
transportation usage to and from the development, such as by providing
adequate turning radii at all access points to allow a bus to enter
the development and designating bus shelter and sign locations where
appropriate. The report shall describe the entire external roadway
system within the study area. Major intersections in the study area
shall be identified and illustrated. All existing and proposed public
transportation services and facilities within a one mile radius of
the site shall also be documented. All future highway improvements,
including proposed construction and traffic signalization, shall be
noted. This information shall be obtained from the most recent Delaware
Valley Regional Transportation Improvement Program maintained by the
Delaware Valley Regional Planning Commission. Any proposed roadway
improvements due to proposed surrounding developments shall be recorded.
(d)
Existing traffic conditions.
[1]
Existing traffic conditions shall be measured and documented
for all roadways and intersections in the study area and shall include
current average daily traffic volumes, peak highway hour(s) traffic
volume, and peak development-generated hour(s) traffic volume. Traffic
counts shall be not more than one year old and shall be taken on a
Tuesday, Wednesday or Thursday of a non-holiday week. Additional counts
(e.g., Saturday for a commercial or tourist attraction) may be required
by the Planning Commission.
[2]
The person performing the transportation impact study shall
obtain the traffic counts during average volume conditions during
fair weather, and taking into consideration any construction activities
or special events which may affect traffic volumes. Roadway characteristics
shall be described and illustrated. Features to be addressed shall
include lane configurations, geometry, signal timing, traffic control
devices, posted speed limits, and sight distance limitations. Existing
levels of service shall be calculated for all intersections and turning
movements within the study area. This analysis will determine the
adequacy of the existing roadway system to serve the existing traffic
demand. Roadways, signalized intersections, or individual movements
experiencing levels of service below C, and v/c ratios greater than
or equal to 1.0 shall be noted as deficient.
(e)
Transportation impact of development. Estimation of vehicular
trips to result from the proposed development shall be completed for
the average daily trips, average daily peak highway hour(s) and peak
development-generated hour(s). Vehicular trip generation rates to
be used for this calculation shall be obtained from the most recent
edition of the Trip Generation Report. For land uses not listed in
the Institute's report, the transportation engineer shall seek guidance
from the Borough Manager. All turning movements shall be calculated.
These generated volumes shall be distributed to the study area and
assigned to the existing roadways and intersections throughout the
study area. Documentation of all assumptions used in the distribution
and assignment phases shall be provided. Traffic volumes shall be
assigned to individual access points. Pedestrian volumes shall also
be calculated, if applicable. If school crossing are to be used, pedestrian
volumes shall be assigned to each crossing. Any characteristics of
the site that will cause particular trip generation or distribution
problems shall be noted.
(f)
Analysis of transportation impact.
[1]
The total future traffic shall be calculated and shall consist
of the existing traffic volume expanded to the development completion
year using an annual background growth factor plus the development-generated
traffic and the traffic generated by other proposed developments in
the study area. The annual background growth factor shall be determined
using projected rates of population and employment growth as determined
by the Bucks County Planning Commission and the average annual traffic
growth of the area's roadways as determined from the Delaware Valley
Regional Planning Commission's Highway Network Coverage Traffic Counts
and current twenty-four-hour traffic counts. Volume/capacity and delay
analyses shall be conducted using the total future demand and the
future roadway capacity.
[2]
If staging of the proposed development is anticipated, calculations
for each stage of completion shall be made. The analyses shall be
performed for the peak highway hours and peak development generated
hour(s) for all roadways and major intersections and proposed access
points of the developments. It is usually at these locations that
capacity is most restricted. All access points feasibility of installing
traffic signals. This evaluation shall compare the project traffic
and pedestrian volumes to the warrants for traffic signal installation.
(g)
Conclusions and recommended improvements.
[1]
LOS and v/c ratios shall be listed for all roadways and intersections.
All roadways and/or intersections showing LOS below C and v/c ratios
greater than 1.0 shall be considered deficient. The proportion of
development-generated traffic to total future traffic shall be identified
at each intersection approach that is considered deficient.
[2]
Specific recommendations for the elimination of all deficiencies
shall be listed and shall include, but not be limited to, the following
elements: internal circulation design, site access location and design,
external roadway intersection design and improvements, traffic signal
installation and operation including signal timing and transit design
improvements. All physical roadway improvements shall be illustrated.
Existing and/or future public transportation service shall also be
addressed. A listing of all actions to be taken to ensure public transportation
usage for development-generated trips and improved service, if applicable,
shall be included.
(5)
Submission procedures and implementation.
(a)
Time of submission. The transportation impact study shall be
submitted to the Borough and the Bucks County Planning Commission
prior to preliminary plan approval.
(b)
Implementation. The Planning Commission, the Bucks County Planning
Commission, the Borough Engineer or transportation consultant, the
Borough Solicitor, and the Sellersville Borough Council shall review
the transportation impact study to analyze its adequacy in identifying
solutions to traffic problems that may occur, either totally or in
part, as a result of the subdivision and/or land development. Transportation
improvements required in order to eliminate deficient conditions on
or adjacent to the site that result from the development may be mandatory
for plan approval and may be attached to the conditions of approval
by Sellersville Borough Council. If it is determined by the Borough
that additional off-site improvements are necessary, the developer
shall have the opportunity to resubmit alternative improvement designs.
A.
Purpose. The purpose of the final plan is to obtain formal approval
by the Borough Council for completed plans and to enter into necessary
performance bonds or contracts prior to recording and commencement
of work. The final plan shall conform substantially to the preliminary
plan as approved; but if described by the developer, it may constitute
only that portion of the approved preliminary plan which he proposes
to record and develop at the time.
B.
Submission.
(1)
Within 30 months following approval of the preliminary plan, the
developer shall submit to the Borough Manager:
(a)
An original tracing of the final plan in waterproof ink on tracing
cloth or other permanent drafting file (submission of the original
may be withheld until the meetings at which action is expected).
(b)
Four copies of the final plan or such other number as may be
necessary.
(c)
Four copies of necessary exhibits and agreements.
(d)
The filing fee, contract for professional services and professional
services escrow account deposit, as required by the Borough according
to a schedule adopted by separate resolution.
[Amended 7-13-2009 by Ord. No. 663]
(2)
The Borough Manager shall check the submission for completeness in accordance with § 135-47. If incomplete, he shall immediately (but in no case later than five working days) return the submission to the developer indicating deficiencies or, if complete, accept the submission and immediately distribute copies as indicated below.
(3)
If the applicant does not submit a final plan during the thirty-month
period as specified, the approved preliminary plan becomes null and
void. However, the subdivider may, due to extenuating circumstances,
apply for and receive a time extension from the Borough Council upon
recommendation of the Planning Commission.
C.
Referral.
(1)
Upon determination by the Borough Manager that the final plan is
complete, one copy of the final plan, plus one copy of all exhibits
and agreements, shall be forwarded to the Planning Commission for
review and recommendation. If no report is received within 60 days
after the meeting of the Planning Commission next following the date
the application is filed with the Borough Manager, such plan shall
be considered as receiving favorable review and recommendation from
the Planning Commission.
(2)
The Borough Manager shall also notify, as appropriate, the following
agencies, in writing, that the plan has been received and will be
considered by the Planning Commission and Borough Council.
(a)
One copy of the plan alone shall be transmitted to the local
office of the Pennsylvania Department of Environmental Protection.
(b)
One copy of all material shall be transmitted to the Borough
Engineer.
(c)
One copy of all material shall be transmitted to the Borough
Solicitor.
(d)
The original copy of the plan plus the original or one copy
of all necessary exhibits and agreements shall be retained in the
Borough file.
(e)
The remaining copies of the plan shall, if necessary, be transmitted
to other agencies as circumstances demand. Such agencies include but
shall not be limited to the Soil Conservation Service, the Pennsylvania
Department of Transportation, public utilities, etc.
D.
Reports. Upon receipt of a copy of the final plan from the Borough
Manager, the Engineer shall review the engineering considerations
and guaranties of the submission and prepare a report of adequacy
for the Planning Commission and Borough Council, and the Borough Solicitor
shall prepare a report of adequacy of any guaranties, improvement
bonds or agreements. Such reports shall be submitted to the Planning
Commission not later than 30 days following receipt from the Borough
Manager.
E.
Review and approval.
(1)
At its first regular meeting following receipt of reports from the
Solicitor and the Engineer or expiration of the thirty-day review
period, whichever is sooner, the Planning Commission shall review
the developer's submission, discuss the plan with the developer and
consider the reports of the Engineer, the Solicitor and any other
applicable agencies. Provided that all conditions made at the time
of preliminary plan approval are adequately provided for, the Planning
Commission shall recommend approval of the final plan. If not so provided,
the plan shall be recommended for disapproval, indicating to the developer
the reasons for such disapproval.
(2)
Following receipt of the Planning Commission's comments and recommendation,
any other applicable reviews or recommendations, and within 90 days
from the date of the meeting of the Planning Commission next following
the date the application is filed with the Borough Manager, the Borough
Council shall review and take action on such plan, notifying the applicant,
in writing, of its decision within 15 days of such decision. If approved,
the Borough Council shall state any additional conditions of such
approval, such conditions to appear directly upon the signature copy
of the final plan; or if disapproved, state the reasons therefor.
[Amended 7-7-1997 by Ord. No. 604]
F.
Recording of final plan.
(1)
Upon approval of the final plan, the Borough shall record the final
plan in the Office of the Recorder of Deeds of Bucks County according
to the following guidelines:
(a)
If the improvements are guaranteed by bond pursuant to Article V herein, such recording shall be made within 30 days following final plan approval.
(b)
If the improvements are to be constructed without a bonded guarantee,
then the final plan shall be recorded within 30 days following written
notification to the Borough Manager by the Borough Engineer that all
improvements have been satisfactorily installed per final plan approval.
(2)
Following recording of the final plan, the Borough Manager shall
forward copies of the approved plan to the applicant, the Bucks County
Planning Commission, the Pennridge School District and other agencies
as appropriate.
(3)
The recording of the final plan must be accomplished before the applicant
can proceed with the sale of any lots or the construction of buildings
or structures. The recording of the final plan shall not constitute
grounds for tax assessment increases until such time as lots are sold
or improvements are installed on the land included within the subject
plan.
A.
Purpose. The purpose of having separate procedures for minor subdivisions
and land developments is to simplify the review process for small
subdivisions and land development. Generally, the procedure is similar
to that for a final plan approval, except that the Planning Commission
has the authority to make final decisions regarding the plan submitted.
B.
Submission.
(1)
At least 30 days in advance of the meeting of the Planning Commission
at which the plan may be first considered, the developer shall file
with the Borough Manager:
[Amended 7-13-2009 by Ord. No. 663]
(a)
An original tracing of the final plan in waterproof ink on tracing
cloth or other permanent drafting film (submission of the original
may be withheld until the meetings at which action is expected).
(b)
Four copies of the final plan or such other number as may be
necessary.
(c)
Four copies of necessary exhibits and agreements.
(d)
The filing fee, professional services contract and professional
services escrow account deposit, as required by the Borough according
to a schedule adopted by separate resolution.
(2)
The Borough Manager shall check the submission for completeness in accordance with § 135-47. If incomplete, he shall immediately (but in no case later than five working days) return the submission to the developer indicating deficiencies or, if complete, immediately distribute copies, of the plans and data as indicated below:
(a)
One copy of all material shall be transmitted to the Borough
Engineer.
(b)
One copy of all material shall be transmitted to the Borough
Zoning Officer.
(c)
One copy of all material shall be transmitted to the Chairman
of the Planning Commission.
(d)
One copy of all material shall be maintained in the Borough
files.
(e)
Other copies shall, if necessary, be transmitted to other agencies
as circumstances warrant.
C.
Reports. Upon receipt of a copy of the plans and data from the Borough
Manager, the Borough Engineer shall review the engineering considerations
and submit a report upon the same, and the Borough Zoning Officer
shall review the plan in light of the Borough's zoning and other code
requirements and submit a report upon these matters. Preferably, these
reports shall be submitted prior to the initial meeting of the Planning
Commission following submission, but in no case shall they be submitted
later than 30 days following receipt from the Borough Manager.
D.
Planning Commission review and decision.
(1)
At its first regular meeting flowing receipt of reports from the
Borough Engineer and Borough Zoning Officer or expiration of the thirty-day
review period, the Planning Commission shall review the developer's
submission, discuss the plan with the developer and consider the reports
of the Engineer, and any other applicable agencies.
(2)
Following the review of the plan with the developer, the Planning
Commission shall evaluate the plan in regard to the general purposes
and specific provisions of this chapter and act thereon as submitted
or modified. Following such evaluation and not later than 60 days
of receipt of the final plan by the Borough Manager, the Planning
Commission shall take action on such plan, notifying the applicant,
in writing, of their decision within five days of such decision. If
approved, the Planning Commission shall state any additional conditions
of such approval, such conditions to appear directly upon the signature
copy of the final plan; or if disapproved, state the reasons therefor.
The signature copy of every final minor plan shall at least carry-the
signature of the:
[Amended 7-7-1997 by Ord. No. 604]
E.
Recording of final plan.
(1)
Upon approval of the final plan, the Borough shall record the final
plan in the Office of the Recorder of Deeds of Bucks County. Following
recording of the final plan, the Borough Manager shall forward copies
of the approved plan to the applicant, the Pennridge School District
and other agencies, as appropriate.
(2)
The recording of the final plan must be accomplished before the applicant
can proceed with the sale of any lots or the construction of buildings
or structures.
(3)
The recording of the final plan shall not constitute grounds for
tax assessment increases until such time as lots are sold or improvements
are installed on the land included within the subject plan.
A.
Auction sales. When a developer proposes to offer his land for sale
at auction in two or more parts, the following procedures shall be
followed. Auction sales shall not be permitted unless expressly indicated
on a signed copy of the approved preliminary plan.
B.
Resubdivision. For any replotting or resubdivision of land, the same
procedures, rules and regulations shall apply as prescribed herein
for an original subdivision, except that lot sizes may be varied on
an approved plan after recording, provided that:
(1)
No lot or tract of land shall be created or sold that is smaller than the minimum lot size required by Chapter 160, Zoning.
(2)
Street lines, drainage easements or any other rights-of-way shall
not be changed in any way.
(3)
The rear portion of lots shall not be subdivided from the front part.
(4)
The character of the area shall be maintained.
C.
Additions to existing lots. For the purposes of straightening lot
lines and additions of small, nonbuildable parcels of property to
existing recorded lots, said lots shall possess the following characteristics:
(1)
The parcel to be added shall be of such a size that it may not be
utilized as a buildable lot by itself. No structure may be built on
this parcel to be added to the original lot.
(2)
The parcel to be added must be contiguous to the existing lot. The
plan prepared for the addition of this parcel shall follow the procedures
as outlined for minor subdivisions. The applicant shall have prepared
a single deed creating one property from the previous two or more.
A.
Effect of plan submission. From the time an application for approval
of a plat, whether preliminary or final, is duly filed as provided
herein and while such application is pending approval or disapproval,
no change or amendment of the zoning, subdivision or other Borough
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 as they
stood at the time the application was duly filed. In addition, when
a preliminary application has been duly approved, the applicant shall
be entitled to final approval in accordance with the terms of the
approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
B.
Effect of plan approval. When an application for approval of a plan,
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 Borough 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. Approval of the
final plan by the Borough constitutes final approval of the land development
as to the character and intensity of development, the layout and the
dimensions of streets, lots and other planned features. This approval
binds the applicant to the scheme shown on the final plan unless application
for resubdivision is made and is approved pursuant to this chapter.
[Amended 7-7-1997 by Ord. No. 604]
