[Ord. 1964, 5/12/2003, § 200; as amended by Ord.
2042, 8/13/2007]
Any applicant who seeks to subdivide or develop land must submit
a plan, also known as a plat, for the Borough's review and approval.
Any application filed by a person other than the legal owner shall
include proof that the legal owner consents to the filing of the subdivision
or land development, such as an agreement of sale, lease, or letter
of consent.
[Ord. 1964, 5/12/2003, § 201]
Before going to the expense of preparing a formal plat, applicant
may want to informally discuss their plans with the Pottstown Commission
at on of its meetings. This is a voluntary process offered at no cost
by the Borough solely as a courtesy to potential applicants.
Planning Commission members will be happy to unofficially review
the potential applicant's plans – a rough layout of the proposed
subdivision or land development would be helpful – and offer
unofficial suggestions and comments. However, a legally binding review
of a plan will not begin until a formal plat submission is made, and
nothing said by any Planning Commission member, Borough employee or
consultant will obligate the Borough to any particular course of action
regarding a formal plat submission.
[Ord. 1964, 5/12/2003, § 202]
Any applicant who seeks to subdivide or develop land must begin
the process by submitting a preliminary plat to the Borough Zoning
Officer. Usually within 90 days after the plat is submitted to the
Zoning Officer.
2.
The Borough will notify all property owners within 300 feet of the
land being subdivided or developed that a plan has been submitted,
giving them the opportunity to comment on the plat. The cost of notification
will be paid by the applicant.
3.
The Pottstown Planning Commission will discuss the plat with the
applicant at a public meeting. Changes may be made before a final
plat is drawn up and submitted. Citizens will be free to offer their
views about the plat at the public meeting.
4.
The Pottstown Planning Commission shall make a recommendation to
Pottstown Council.
5.
Pottstown Council shall decide to accept or reject the plat.
6.
Pottstown Council shall inform the applicant whether the plat has
been accepted or rejected. If the plat has been rejected, Council
shall place in writing the reasons why the plat has been rejected.
7.
If the plat is accepted, the developer shall record the plat at the
Montgomery County Recorder of Deeds within 90 days of approval. The
Record of Deeds, however, will not accept the plat unless there is
a seal on the plat signifying it has been reviewed by the Montgomery
County Planning Commission and approved by the Borough of Pottstown.
[Ord. 1964, 5/12/2003]
For details about legal process, see Appendix A2, Sections A200 through A208, located at the end of this chapter.
[Ord. No. 2181, 3/11/2019]
1.
Minor plans may be submitted and processed only for lot line adjustments,
simple conveyances, minor subdivisions, and minor land developments,
as characterized hereafter, in accordance with the standards and requirements
of this section.
A.
The following qualify for minor plan submission:
(1)
Lot line adjustment:
(a)
A proposal between two abutting, existing, legally approved
and recorded lots.
(b)
A common lot line is proposed to be adjusted in terms of its
location or configuration.
(c)
The land area of each lot may be different after adjustment,
but the total lot area of the two lots will be unchanged.
(d)
No alteration will occur to the perimeter boundary lines of
the lots.
(e)
Neither lot shall violate the applicable dimensional requirements of the Zoning Ordinance (Chapter 27) as a result of the lot line adjustment.
(f)
The reason for the lot line adjustment includes, but is not
necessarily limited to:
(2)
Simple conveyance:
(a)
A proposal between two abutting, existing, legally approved
and recorded lots.
(b)
A portion of one lot is being divided off to be conveyed to
the owner of the abutting lot.
(c)
The land area of each lot will be different after conveyance,
but the total lot area of the two lots will be unchanged.
(d)
The lot from which the land is being conveyed must be suitable in terms of the applicable dimensional requirements of the Zoning Ordinance (Chapter 27) so that, after conveyance, it will remain in compliance with those requirements.
(e)
The land area being conveyed need not satisfy any of the dimensional requirements applicable to lotting in the district in which it is located, nor the street frontage requirements of the Zoning Ordinance (Chapter 27), provided that it shall be deed restricted to the extent that it may not be transferred independently but must be transferred together with the lot to which it is being functionally added by the process of simple conveyance.
(3)
Minor subdivision:
(a)
A subdivision proposal which would divide one existing lot into two lots, both of which will comply with the applicable dimensional requirements of the Zoning Ordinance (Chapter 27) district in which the existing lot is located.
(b)
The existing lot has sufficient frontage on an existing, improved
public street to satisfy the applicable Borough requirements for lot
frontage and access to a public street for both proposed lots.
(c)
The subdivision will not require new road construction, road
improvements or the extension of existing public utility lines.
(d)
The proposal will not involve significant stormwater and/or
erosion control issues, as determined by the Borough Engineer.
(e)
Disqualification. Borough Council may require standard preliminary
plan submission in place of a minor plan when conditions warrant it,
at the advice of the Planning Commission or Engineer.
(4)
Minor land development:
(a)
Any of the following:
1)
A land development proposal where it is found that the intended
development or modification of a site or use and occupancy of an existing
structure will create a minimal impact upon traffic, drainage, visual
image, landscaping, buffering, lighting or other elements described
within Part 5.
2)
Parking lot expansions.
3)
Additions to existing nonresidential buildings, provided that
the addition is less than 5,000 gross square feet and involves no
more than a 25% increase in the size of the existing building.
4)
The conversion of a residential dwelling that results in the
creation of no more than two new dwelling units.
5)
The addition of tenants to an existing nonresidential building
when minimal structural improvements are required.
(b)
Disqualification. Borough Council may require standard preliminary
plan submission in place of a minor plan when conditions warrant it,
at the advice of the Planning Commission or Engineer.
B.
Minor Plan Submissions and Review Procedures.
(1)
All minor plans shall be considered to be preliminary plans
for the purposes of submission for review and approval and shall comply
with the requirements of Part 2.
(2)
When a minor plan qualifies for approval or for approval subject
to conditions, in accordance with this Part, the minor plan may be
granted concurrent preliminary and final plan approvals, providing
that the plan includes the final plan certifications required by § 402.
(3)
A minor plan which will require access to a state highway shall
include all plans and specifications proposed for submittal to the
Pennsylvania Department of Transportation for the purpose of obtaining
a highway occupancy permit.
