A.
In order to discharge the duties imposed by law, the New Britain
Borough Council has adopted the following procedures, which shall
be observed by all applicants for subdivisions and/or land developments.
B.
A sketch plan or informal plan may be submitted to the Borough for
review at any time. The purpose of such plans is to afford the applicant
an opportunity to consult informally with the Planning Commission
before the preparation of the formal preliminary plans and formal
application for approval.
A preliminary plan will be required for all subdivisions and land developments in the Borough of New Britain. The preliminary plan and all information and procedures relating thereto shall be in compliance with the applicable provisions of Chapter 450, Zoning, of the Code of the Borough of New Britain, and this chapter. The requirements of preliminary plans are set forth in Article VII of this chapter. The procedure for preliminary plan approval is as follows:
A.
The applicant prepares a preliminary plan and application. The applicant
submits copies of the preliminary plan and application to the Borough
at least 10 calendar days in advance of the New Britain Borough Planning
Commission meeting.
(1)
The application shall be made on forms available at the Borough office
and shall be received by the Zoning Officer at the Borough office.
(2)
The application shall be accompanied by a statement from the appropriate
agency indicating that the proposed subdivision or land development
will be served with public water, if public water is available.
(3)
The application shall be accompanied by a statement from the appropriate
agency indicating that the proposed subdivision will be served with
public sanitary sewers, if public sanitary sewers are available.
(4)
The application shall be accompanied by a specified fee and deposit.
Such fees shall include the reasonable and necessary charges for the
Borough Engineer and other professional consultants to review the
plans in accordance with a fee schedule set by resolution of the Borough
Council.
(5)
The application shall be accompanied by subdivision and/or land development
plans and data prepared in accordance with this chapter and in the
following formats:
[Amended 5-8-2018 by Ord.
No. 387]
B.
Upon submission of a preliminary plan, the Zoning Officer shall determine
if the application is complete and accept the application or determine
if the application is incomplete and not accept the application.
C.
The Borough shall distribute copies of the preliminary plan, data
and application to the Borough Council, Borough Planning Commission,
Borough Engineer, Borough Solicitor and Borough files.
D.
The applicant shall be responsible for distributing plans, fees and
application forms to the other appropriate agencies having jurisdiction,
including but not limited to the water company, sewer authority, the
Bucks County Department of Health, the Bucks County Conservation District,
and the Bucks County Planning Commission.
E.
The Borough Engineer, following receipt of the plans from the Borough,
shall:
(1)
Review all aspects of the plan submission, including all engineering
considerations and compliance with Borough ordinances. In his review,
the Borough Engineer shall determine the adaptability of the project
to Borough design standards and shall apply such judgment and specification
interpretation as may be necessary to clarify the intent of all engineering
considerations.
(2)
Prepare a report for the Planning Commission and Borough Council.
F.
Following receipt of the complete plan submission, the Borough Planning
Commission shall:
(1)
Receive and review the applicant's submission;
(2)
Listen to applicant's presentation;
(3)
Receive and review the report by the Bucks County Planning Commission
and other agencies or persons submitting a report;
(4)
Receive and review the report by the Borough Engineer; and
(5)
Discuss submission with the applicant.
G.
Planning Commission review.
(1)
Following a review of the applicant's submission and discussion of
the submission with the applicant, the Planning Commission shall:
(a)
Evaluate the applicant's submission and presentation, the County
Planning Commission's report and the Borough Engineer's report.
(b)
Determine whether the preliminary plans meet the objectives and requirements of this chapter and Chapter 450, Zoning, of the Code of the Borough of New Britain. No recommendation will be made on the plan application until any variances or special exceptions needed for compliance with Chapter 450, Zoning, have been granted by the Borough Zoning Hearing Board.
(c)
Submit a report on the plan for use by the Borough Council,
such report to be contained within the Commission's regular minutes
or as a separate report, at the discretion of the Planning Commission.
(2)
The Planning Commission shall carefully study the practicability
of the preliminary plan taking into consideration the requirements
of the community and the best use of the land being developed and/or
subdivided. Particular attention will be given to the arrangement,
location and width of streets, their relation to the topography of
the land, sewage disposal, drainage, lot sizes and arrangement, and
the future development of adjoining lands as yet unsubdivided.
H.
Following receipt of the Borough Planning Commission's report and
within 90 days following the date of the first regular Planning Commission
meeting which follows the date the application is filed, the Borough
Council shall:
(1)
Receive and review the applicant's submission, listen to the applicant's
presentation and discuss the project with the applicant.
(2)
Receive and review the reports by the Planning Commission, the Bucks
County Planning Commission, the Borough Engineer and other agencies
or officials who have submitted a report.
(3)
Evaluate the applicant's submission, presentation, the discussion
with the applicant, the Borough Engineer's report and the Planning
Commission's report.
(4)
Determine whether the preliminary plan meets the objectives and requirements
of this chapter.
(5)
Express its approval of the plan, stating the conditions of such
approval, if any, or its disapproval, stating the reasons therefor.
If the Borough Council attaches conditions to the approval of any
plan, the applicant must accept and agree to all such conditions or
the plan will be denied based on noncompliance with ordinance requirements.
If a preliminary plan is conditionally approved as aforesaid, it shall
not be given final approval by the Borough Council until all conditions
are met and corrected on the final plan.
(6)
Within 15 calendar days following the decision, the Borough Council
shall communicate in writing to the applicant:
(a)
The specific changes, if any, it will require in the plan.
(b)
The character and extent of the required public improvements.
(c)
The amount and terms of the performance bond or other security
which the Borough Council will require, among other conditions in
the public interest, and prerequisites to the approval of the final
plan to be submitted subsequently.
(7)
Failure of the Borough Council to render a decision and communicate
it to the applicant within 90 days following the receipt of the application
and in the manner required by the Pennsylvania Municipalities Planning
Code[1] (Act 247, as amended) 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
A final plan shall be submitted conforming to the changes recommended during the preliminary plan procedure. The final plan and all information and procedures relating thereto shall, in all respects, be in compliance with the provisions of this chapter and Chapter 450, Zoning, of the Code of the Borough of New Britain. Requirements for final plans for subdivisions and land developments are set forth in Article VII of this chapter.
B.
Procedure for the approval of the final plan shall be identical to the procedure outlined in § 385-10 of this article for preliminary plans.
C.
If approved, two exact copies of the approved final plan on linen
or Mylar shall be submitted for signatures as set forth in this chapter.
[Amended 4-14-2015 by Ord. No. 361]
A.
Purpose. It is the purpose of this section to provide a simplified
procedure by which said minor subdivisions may be submitted and approved.
B.
General. In the event that the proposed subdivision shall require improvements of streets, sanitary sewers, drainage facilities, water mains, culverts or other municipal improvements, then the provisions of this section on minor subdivisions shall not be applicable, and the applicant shall be required to comply with the requirements of §§ 385-10 and 385-11.
C.
Procedures.
(1)
The applicant shall submit the required number of copies of the plan to the Borough, in the number and format required pursuant to § 385-10A(5). The applicant shall be responsible for distributing plans as required to all other applicable county, state or federal agencies with a request for their review and comment. Plans shall be submitted to the Borough at least 20 days prior to the regularly scheduled meeting of the Borough Planning Commission. Within five days, the Borough shall determine whether or not the plans as submitted constitute a complete submission. If the plan shall be deemed incomplete, complete plans must be resubmitted at least 20 days prior to the regularly scheduled meeting of the Borough Planning Commission, in order to be placed on the agenda for that meeting.
[Amended 5-8-2018 by Ord.
No. 387]
(2)
The Planning Commission shall determine whether the final plan meets
the objectives and requirements of this chapter and other ordinances.
To accomplish this purpose, the Commission may delay a decision to
further investigate the submission or to await such supplemental information
as the applicant may be requested to submit.
(3)
In making its recommendation, the Planning Commission shall receive
and review the reports of the Borough Engineer, the Bucks County Planning
Commission, and any other pertinent agencies.
(4)
The Bucks County Planning Commission shall review the plans and prepare
a report to Borough Council within 30 days from the date the application
was received by the county.
[Amended 4-14-2015 by Ord. No. 361]
(5)
Within the ninety-day review period, the Board of Supervisors shall
render its decision and communicate it to the applicant.
(6)
The decision of the Borough shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision. When the application
is not approved, the decision shall specify the defects found in the
application and describe the requirements which have not been met
and shall cite the provisions of the statute or ordinance relied upon.
(7)
If approved, two exact copies of the approved record plan, one on
Mylar and two on paper, properly executed by the owner and with the
required notations as set forth in this chapter, shall be submitted
for the signatures of the proper Borough officials. The plan shall
then be recorded in the office of the Recorder of Deeds of Bucks County,
Pennsylvania, within 90 days from the date of approval. Failure to
have the plan recorded within 90 days shall automatically void the
approval unless a written extension of time is granted by the Borough
Council upon written request by the applicant.
[Amended 4-14-2015 by Ord. No. 361; 5-8-2018 by Ord. No. 387]
(8)
Positive prints of the plan as recorded, and bearing the plan book
page and date of recording, one on Mylar and two on paper, shall be
submitted to the Borough Manager immediately after the plan has been
recorded.
[Amended 4-14-2015 by Ord. No. 361; 5-8-2018 by Ord. No. 387]
A.
The final plan as approved and signed by the Borough Council shall,
within 90 days of the date of approval, be recorded by the applicant
at his expense in the office of the Recorder of Deeds of Bucks County.
Plans submitted for recording by the Bucks County Recorder of Deeds
shall officially note that the plans have been reviewed by the Bucks
County Planning Commission. The applicant shall notify the Borough
Council, in writing, of the date of such recording and the plan book
and page wherein such subdivision or land development plan is recorded.
If the plan is not recorded within the ninety-day period, the approval
shall lapse and become void. The Borough Council may extend the ninety-day
period upon written application by the applicant.
B.
Effect of recording.
(1)
After a subdivision or land development plan has been duly recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of any Official Map which is adopted by the Borough in accordance with Article IV of Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10401 et seq.
(2)
Streets, parks and other public improvements shown on a subdivision
or land development plan to be recorded may be offered for dedication
to the Borough by formal notation thereof on the plan, or the applicant
may note on the plan that such improvements have not been offered
for dedication to the Borough.
(3)
Every street, park or other improvement shown on a subdivision or
land development plan that is recorded shall be deemed to be a private
street, park or improvement until such time as it has been offered
for dedication to the Borough and accepted by resolution and recorded
in the Bucks County Courthouse or until it has been condemned for
use as a public street, park or other improvement.
(4)
All expenses and costs of maintaining all improvements prior to dedication,
including, but not limited to, snowplowing, shall be the responsibility
of the developer.
