Hereafter, all preliminary and final subdivision or land development
plans shall be reviewed by the Borough Planning Commission and the
County Planning Commission and shall be approved or disapproved by
the Borough Council in accordance with the procedure specified in
this chapter. Any application not processed as required hereafter
shall be null and void unless it was filed prior to the adoption of
these regulations.
A.
All subdivision applications shall be, for the purposes of procedure, classified as either minor or major. Reference should be made to § 184-7 for their meaning.
B.
Landowners submitting an application for subdivision or land development
shall apply for and secure approval in accordance with the following
procedures:
C.
Plans of major subdivisions, when first submitted, are preliminary.
Final plans of major subdivisions shall not be accepted by the Borough
until preliminary plans have been approved.
A.
Plans shall be submitted by the Borough Manager to the following
agencies for review:
(1)
The Delaware County Planning Department. Four prints of all plans,
referral letters and a sufficient fee to cover any cost of review
shall be submitted to the Delaware County Planning Department for
its review and comment.
(2)
The Delaware County Conservation District. One print of preliminary
plans and a sufficient fee to cover any cost of review shall be submitted
to the Delaware County Soil and Water Conservation District for review
of matters relating to drainage and abatement of soil erosion.
B.
The applicant shall submit such additional prints of all plans as
may be necessary for forwarding by the Borough to said county agencies
for their review.
A sketch plan for all proposed subdivisions or development of
land located within the Borough may, at the developer's option,
be submitted to the Borough Planning Commission for review.
A.
Such sketch plans will be considered as submitted for informal discussion
between the developer and the Planning Commission. Submission of a
sketch plan does not constitute submission of an application for approval
of a subdivision or land development plan.
B.
For information purposes, seven copies of the sketch plan may be
submitted to the Borough Manager for distribution to the Planning
Commission.
C.
In the event that any developer shall intend to make changes in the
contour of any land proposed to be subdivided, developed or changed
in use by grading, excavation or the removal or destruction of the
natural topsoil, trees or other vegetative covering thereon, the developer
is strongly urged to consult with the Delaware County Soil and Water
Conservation District prior to or concurrently with submission of
the sketch plan in order to ensure that the proposed subdivision or
land development will be compatible.
A.
The Planning Commission shall consider the suitability of the sketch plan for the development of the land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing and compatibility of the plan with the Comprehensive Plan and Chapter 213, Zoning.
B.
The applicant may, but need not, request further review of the sketch
plan by the Council.
[Amended 6-15-1989 by Ord. No. 1030]
The preliminary plan shall conform to the most recent administrative
regulations adopted by the Borough Council for such purposes.
A.
Submission of preliminary plan. Official submission for review of
a preliminary plan to the Borough shall consist of:
(1)
Twenty prints of the preliminary plans and all required supplementary
data.
(2)
A completed application for review form.
(3)
Payment of Ridley Park subdivision application fees and escrow plan
review costs.
(4)
Payment of Delaware County Planning Department review fees.
(5)
Payment of Delaware County Conservation District review fees.
B.
Distribution of preliminary plans. Upon receipt of the items described in Subsection A(1) and (2) above, the Borough Manager will make the following distribution:
(1)
Ridley Park Borough Council: four sets of plans and supplementary
data and four copies of the application for review.
(2)
Ridley Park administrative file: one set of plans and supplementary
data and one copy of the application for review.
(3)
Ridley Park Planning Commission: eight sets of plans and supplementary
data and one copy of the application for review.
(4)
Ridley Park Borough Engineer: one set of plans and supplementary
data.
(5)
Ridley Park Fire Company: one set of plans and supplementary data.
(6)
Delaware County Planning Department: four sets of plans and supplementary
data, one copy of the application for review and remittance of the
Delaware County Planning Department review fees.
(7)
Delaware County Conversation District: one set of plans and supplementary
data, one copy of the application for review and remittance of the
Delaware County Conservation District review fees.
[Amended 6-15-1989 by Ord. No. 1030]
A.
Borough Planning Commission.
(1)
When a preliminary plan has been submitted in accordance with § 184-13 and placed on the Borough Planning Commission agenda, the applicant may be invited to appear at said meeting in order to present his plan and to discuss it with the Commission.
(2)
The Borough Planning Commission shall review the plan and the recommendations
of the county agencies and Borough Planner, Engineer and Fire Company,
should such recommendations be made.
(3)
After such review, the Secretary of the Planning Commission shall
send written notice of the action of the Planning Commission and the
reasons therefor, citing specific sections of the statutes or ordinances
relied upon, to the Borough Council.
B.
Borough Council.
(1)
When a preliminary plan has been officially submitted to the Borough
Council by the Planning Commission, such plan shall be placed on its
agenda for review and action.
(2)
In acting on the preliminary subdivision or land development plan,
the Council shall review the plan and the written comments of the
Borough Planner and Engineer, the Fire Company, the Planning Commission,
the Delaware County Planning Department and all other reviewing agencies
and comments from public hearings, if any, to determine its conformance
to existing ordinances.
C.
The Borough shall withhold action on said plans until the comments
of the Delaware County Planning Department shall have been received
or until the expiration of 30 days from the date the plans were forwarded
to the County Planning Department.
D.
The Council may alter any subdivision or land development plan and
specify conditions, changes, modifications or additions thereto which
it deems necessary and may make its decision to grant preliminary
approval subject to such conditions, changes, modifications or additions.
Notwithstanding the foregoing procedure, the Council shall render
a decision on all preliminary plans and communicate it to the applicant
not later than 90 days following the date of the regular meeting of
the Planning Commission next following the date the application is
filed, provided that, should said next regular meeting occur more
than 30 days following the filing of the application, said ninety-day
period shall be measured from the 30th day following the day the application
has been filed, unless the applicant has agreed, in writing, to an
extension of time.
E.
The decision of the Council shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than either 15 days following the decision or the end of
said ninety-day period, whichever shall first occur. The form and
content of the decision shall comply with applicable requirements
of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 6-15-1989 by Ord. No. 1030]
The final plan shall conform to the most recent administrative
regulations adopted by the Borough Council for such purposes.
A.
Submission of final plan. Official submission for review of a final
plan to the Borough shall consist of:
(1)
Twenty prints of the final plans and all required supplementary data.
(2)
A completed application for review form.
(3)
Payment of Ridley Park subdivision application fees and escrow plan
review costs.
(4)
Payment of Delaware County Planning Department review fees.
(5)
Payment of Delaware County Conservation District review fees.
B.
Distribution of final plans. Upon receipt of the items described in Subsection A(1) and (2), the Borough Manager will make the following distribution:
(1)
Ridley Park Borough Council: four sets of plans and supplementary
data and four copies of the application for review.
(2)
Ridley Park administrative file: one set of plans and supplementary
data and one copy of the application for review.
(3)
Ridley Park Planning Commission: eight sets of plans and supplementary
data and one copy of the application for review.
(4)
Ridley Park Borough Engineer: one set of plans and supplementary
data.
(5)
Ridley Park Fire Company: one set of plans and supplementary data.
(6)
Delaware County Planning Department: four sets of plans and supplementary
data, one copy of the application for review and remittance of the
Delaware County Planning Department review fees.
(7)
Delaware County Conservation District: one set of plans and supplementary
data, one copy of the application for review and remittance of the
Delaware County Conservation District review fees.
C.
The final plan shall conform to the administrative regulations adopted
by the Borough Council for such purposes which were in effect at the
time preliminary approval was granted.
D.
Prints of the final plans and all required supplemental data and
fees shall be submitted within one year of approval of the preliminary
plans. The Council may permit submission of the final plan in sections,
each covering a reasonable portion of the entire proposed development
as shown on the approved preliminary plan, provided that the first
plan section shall be submitted within said one-year period and the
last final plan section shall be submitted within three years of preliminary
plan approval.
E.
Failure to make timely submission of final plans renders void preliminary
plan approval, and the applicant shall be required to file a new application
and fee for preliminary plan approval.
[Amended 6-15-1989 by Ord. No. 1030]
A.
Borough Planning Commission.
(1)
When a final plan has been submitted in accordance with § 184-15 and placed on the Borough Planning Commission agenda, the applicant may be invited to appear at said meeting in order to present his plan and to discuss it with the Commission.
(2)
The Planning Commission shall review the plan and the recommendations
of the county agencies, the Borough Planner and Engineer and any other
reviewing agencies.
(3)
After such meeting, the Secretary of the Planning Commission shall
send written notice of the action of the Planning Commission and the
reasons therefor, citing specific sections of statutes or ordinances,
to the Borough Council.
B.
Borough Council.
(1)
When a written report on a final plan has been officially returned
to the Council by the Planning Commission, such plan shall be placed
on the agenda of the Council for review and action.
(2)
Upon receipt of the Planning Commission's recommendation and
other supporting information, the Council may, at one or more regular
or special public meetings, review the final plan and shall, within
the time limitations set forth hereinbelow, either approve or disapprove
the plan. Notwithstanding the foregoing procedure, the Council shall
render a decision on all final plans and communicate it to the applicant
not later than 90 days following the date of the regular meeting of
the Planning Commission next following the date the application was
filed, provided that, should said next regular meeting occur more
than 30 days following the filing of the application, said ninety-day
period shall be measured from the 30th day following the day the application
has been filed. The decision of the Council shall be in writing and
shall be communicated to the applicant personally or mailed to him
at his last known address not later than either 15 days following
the decision or the end of said ninety-day period, whichever shall
occur first. When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each
case, cite the provisions of the statute or ordinance relied upon,
pursuant to the Pennsylvania Municipalities Code, Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Sets or prints of the final plan as finally approved, with the appropriate
endorsement of the Borough Council and the Borough Planner and Engineer,
shall be distributed as follows:
(a)
At least three sets of plans, two of which shall be recorded in accordance with § 184-19, to the subdivider.
(b)
One set of plans to the Borough Planning Commission.
(c)
One set of plans to the Municipal Authority.
(d)
One set of plans to the County Planning Department.
(e)
One set of plans to be retained in the Borough files.
C.
Every final plan approval shall be subject to the following conditions:
(1)
The landowner shall execute a subdivision and land development agreement in accordance with § 184-17.
(2)
The landowner shall execute a performance guaranty or escrow agreement in accordance with § 184-18, where applicable.
(3)
The landowner agrees, if requested, to tender a deed of dedication
to the Borough for streets and any and all easements for sanitary
sewers, waterlines or storm sewers and improvements thereto, including
street paving, sidewalks, shade trees, water mains, fire hydrants,
sanitary and storm sewers, manholes, inlets, pumping stations and
other appurtenances as shall be constructed as public improvements
and as are required for the promotion of the public health, safety
and welfare, after all streets, sidewalks, sewers and the like are
completed and such completion is certified as satisfactory by the
Borough Engineer. The Council may require that the applicant supply
a title insurance certificate from a reputable company before any
property is accepted for the Borough.
(4)
Whenever the landowner is required to provide open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the landowner and the Borough and shall run to the benefit of the Borough and lot purchasers in the subdivision or land development. Ownership and maintenance of such open space shall comply with Chapter 213, Zoning.
(5)
The submission to the Borough of all required permits from agencies
having jurisdiction over ancillary matters necessary to effect the
subdivision or land development, such as the Pennsylvania Departments
of Transportation and Environmental Resources and Public Utility Commission.
A.
Every applicant for final plan approval shall execute a form of agreement
to be approved by the Borough before the final plan is released by
the Borough Council and filed on record. The agreement shall specify
the following, where applicable:
(1)
That the owner agrees that he will lay out and construct all roads,
streets, lanes or alleys, together with all other improvements, including
grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants,
water mains, street signs, shade trees, storm and sanitary sewers,
landscaping, traffic control devices, open space and restricted areas
and erosion and sediment control measures, in accordance with the
final plan as approved, where any or all of these improvements are
required as conditions of approval, and that he shall complete these
improvements within the time or times specified by the Borough Council.
(2)
That the owner guarantees completion and maintenance of all improvements
by means of a corporate surety bond or deposit of funds or government
securities in escrow or irrevocable letter of credit acceptable to
the Borough.
(3)
That the owner agrees to tender a deed or deeds of dedication to
the Borough for such streets and for such easements for sanitary and
storm sewers, sidewalks, manholes, inlets, pumping stations and other
appurtenances as shall be constructed as public improvements, provided
that the Borough shall not accept dedication of such improvements
until their completion is certified as satisfactory by the Borough
Engineer.
B.
Whenever a developer proposes to establish or continue a street which
is not offered for dedication for public use, the Borough Council
shall require the developer to submit and also to record with the
plan a copy of an agreement made with the Borough Council on behalf
of himself and his heirs and assigns and signed by him and which shall
establish any conditions under which the street may later be offered
for dedication and shall stipulate, among other things:
(1)
That an offer to dedicate the street shall be made only for the street
as a whole.
(2)
That the Borough shall not be responsible for repairing or maintaining
any undedicated streets.
(3)
That the method of assessing repair and maintenance costs of undedicated
streets be stipulated and shall be set forth in recorded deed restrictions
so as to be binding on all successors or assigns.
(4)
That if dedication is sought, the street shall conform to the Borough
specifications or that the owners of the abutting lots shall, at their
own expense, restore the street to conformance to the Borough specifications.
A.
The applicant shall deposit with the Borough financial security in
an amount sufficient to cover the cost of all subdivision improvements,
including both public and private improvements, and common amenities,
including but not limited to streets and roads, walkways, curbs, gutters,
streetlights, shade trees, stormwater detention and/or retention facilities,
pipes and other related drainage facilities, recreational facilities,
open space improvements, buffer or screen plantings, water mains and
other water supply facilities, fire hydrants and sanitary sewage disposal
mains and other sewage disposal facilities.
(1)
Financial security required herein shall be in the form of a federal
or commonwealth chartered lending institution irrevocable letter of
credit, a restrictive or escrow account in such institution or with
a financially responsible bonding company, or such other type of financial
security which the Borough may, in its reasonable discretion, approve.
The bonding company may be chosen by the party posting the financial
security, provided that said company conducts business within the
commonwealth and shall stipulate that it submits to Pennsylvania jurisdiction
and Delaware County review in the event of legal action.
(2)
Said financial security shall provide for and secure to the public
the completion of all subdivision improvements for which such security
is being posted within one year of the date fixed in the subdivision
agreement for completion of such improvements.
(3)
The amount of financial security shall be equal to 110% of the cost
of the required improvements for which financial security is to be
posted. The cost of the improvements shall be established by submission
to the Borough Council of a bona fide bid or bids from the contractor
or contractors chosen by the party posting the financial security
to complete the improvements, or, in the absence of such bona fide
bids, the cost shall be established by estimates prepared by the Borough
Engineer. If the party posting the financial security requires more
than one year from the date of posting of the financial security to
complete the required improvements, the amount of financial security
shall be increased by an additional 10% of each one-year period beyond
the first anniversary date from posting of financial security or to
an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period by using the above bidding procedure.
B.
In the case where development is projected over a period of years,
the Borough Council may authorize submission of final plans by section
or stages of development, subject to such requirements or guaranties
as to improvements in future sections or stages of development as
it finds essential for the protection of any finally approved section
of the development.
C.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Borough, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
D.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Council to release
or authorize the release of, from time to time, such portions of the
financial security necessary for payment to the contractor or contractors
performing the work. Any such requests shall be in writing, addressed
to the Council, and the Council shall have 45 days from receipt of
such request within which to allow the Engineer to certify, in writing,
that such portion of the work upon the improvements has been completed
in accordance with the approved plans. Upon such certification, the
Council shall authorize release by the bonding company or lending
institution of an amount as estimated by the Engineer fairly representing
the value of the improvements completed. The Council may, prior to
final release, at the time of completion and certification by the
Borough Engineer, require retention of 10% of the estimated cost of
the aforesaid improvements. The Engineer, in certifying the completion
of work for a partial release, shall not be bound to the amount requested
by the applicant but shall certify to the Council his independent
evaluation of the proper amount of partial releases.
Upon the final approval of final plans, the developer shall,
within 90 days of such final approval, record such plat in the office
of the Recorder of Deeds of Delaware County. The Recorder of Deeds
shall not accept any plat for recording unless such plat officially
notes the approval of the Borough Council and has been signed by the
Delaware County Planning Department, indicating that the plans have
been reviewed by that Department.
