[Ord. 1113, 1/19/2010]
Table 1 sets forth the requirements for all applications for
subdivision and/or land development plan approvals. Plans shall comply
with the procedural requirements of this Part. If applicable as part
of any submission, preapplication meeting(s) between Borough staff
and/or its designated representatives and the applicant landowner
and/or developer may be conducted as determined by the Borough.
A.
Completed application signed by the owner or owner's agent.
B.
Correct application fee.
C.
A notarized owner's acknowledgement.
D.
Exiting features, drawn to scale, including site location, property
boundaries and description, Tax Map and parcel number, existing zoning,
topography, streams, floodplains, soil boundaries and hydric soils,
roads, drainage and utilities.
E.
Proposed features, drawn to scale, including lot lines and boundary
descriptions, description of proposed use, proposed zoning, buildings,
applicable setbacks, parking lots, landscape plans, plans and profiles
of proposed streets, sanitary sewers, storm drainage, water lines,
and utilities.
F.
Waiver requests letter citing the sections(s) of the ordinance(s)
from which relief is being sought, the proposed alternative to the
requirements/criteria of the chapter section, and the reason/justification
for the waiver request.
G.
Stormwater management plan.
H.
Sewage planning module.
I.
Where public water and/or sewer is to be provided, acknowledgement
in writing from the appropriate agency that capacity exists to serve
the proposed development.
[1]
Editor's Note: Table 1 is on file in the Borough offices.
[Ord. 1113, 1/19/2010]
A.
At least 14 calendar days prior to a regular meeting of the Planning Commission, the applicant may file with the Borough 11 copies of a sketch plan, together with 11 copies each of an appropriate project narrative and site analysis, containing all data required under § 22-501. No fee shall be payable for this submission.
B.
Prior to the preparation and filing of the preapplication data and sketch plan with the Planning Commission, the applicant should consult the Cumberland County Conservation District concerning plans for erosion and sediment control and obtain a report on the soil and sinkhole characteristics of the lot(s). The sketch plan should indicate whether any of the land is within a floodplain area governed by Chapter 8, Floodplains, of the Mechanicsburg Borough Code.
C.
Where connection to public sewer is proposed, the applicant should
consult with the appropriate municipal sewer system entity to determine
whether a connection may be made and whether the conveyance and treatment
facilities have sufficient capacity to service the proposed development.
Written confirmation of these matters by the municipal sewer entity
should be filed with the sketch plan.
D.
Where public sewer is not available, the applicant should consult
with the Commonwealth of Pennsylvania, Department of Environmental
Protection and/or Borough Sewage Enforcement Officer with regard to
the suitability of the site for a private facility. Written documentation
confirming site suitability should be submitted with the sketch plan.
A form "Request for Subdivision Site Suitability for Subsurface Sewage
Disposal" should also be completed and signed by the Borough Sewage
Enforcement Officer.
E.
Such preapplication data and sketch plan shall be considered as submitted
for informal discussion between the applicant and the Planning Commission.
Submission of a sketch plan shall not constitute formal filing with
the Borough but shall be subject to the requirements of the Pennsylvania
Right-to-Know Law.[1]
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
F.
Within seven days of the submission of a sketch plan and required
documentation, the Borough Engineer shall submit his findings to the
Planning Commission.
G.
At its regular meeting following the receipt of the applicant's
submission and related review comments, the Planning Commission shall:
(1)
Review the applicant's submission.
(2)
Review the report(s) of the Borough staff and other reviewing
bodies, as applicable.
(3)
Review if the subdivision and/or land development is located
where a flood hazard exists, as identified by the applicant's
land surveyor or engineer of record.
(4)
Advise the applicant of any initial areas of concern with respect
to the project. The failure to inform the applicant of possible defects
shall not constitute a waiver of the Borough's right to require
compliance with all applicable Borough requirements.
(5)
Advise the applicant of the extent to which the proposed subdivision
and/or land development conforms to the design standards required
by Part 6 and by other applicable Borough ordinances.
(6)
Alert the applicant to possible modifications and changes which
may be necessary to obtain approval. The failure to inform the applicant
of possible defects shall not constitute a waiver of the Borough's
right to require compliance with all applicable Borough requirements.
[Ord. 1113, 1/19/2010]
A.
The required number of plans shall be filed with the Borough not
later than that which is identified by the provisions of this chapter
and/or the Pennsylvania Municipalities Planning Code,[1] as applicable. The maximum size of 24 inches by 36 inches
final plats for all proposed subdivisions and/or land development
of land within the Borough shall be filed with the Planning Commission
through the Borough.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
No application shall be considered as filed for the purpose of this
chapter unless the same conforms in every respect to the requirements
of this chapter. The acceptance of an application by a Borough official
does not waive the requirement that it conforms in every respect to
this chapter. All plans will undergo an initial staff review before
being considered as a complete submission. Said staff review checklist
is available in the Borough Municipal Administration Office. During
this initial review, plans will not be released to Planning Commission
members or other relevant reviewing bodies for formal review. In the
event that the submission is deemed incomplete, the Borough will notify
the applicant, in writing, within 10 business days of its receipt
of the application. Should the applicant fail to provide a written
withdrawal of the submission or fail to provide the missing items,
in either event by the day the agenda closes for the next meeting
of the Borough Council, the Borough shall place the matter on the
agenda for that meeting, at which time consideration shall be given
to deny approval of the plan under the relevant authority of this
chapter and the Pennsylvania Municipalities Planning Code.
C.
Preliminary and final plats shall each be acted on by the Borough,
and the decision shall be in writing and shall be communicated to
the applicant or mailed to him at his last known address within the
time frame(s) defined by the Pennsylvania Municipalities Planning
Code.
D.
It is the intent of these regulations to provide for complete and
thorough review of all proposed subdivisions and/or land developments.
Therefore, an extension of time may be requested from the applicant
in the case of subdivisions and/or land developments which, in the
opinion of the Borough Council (Planning Commission for simple subdivision)
will require additional review time. Efforts will be made to request
and obtain such extension at the time of the submission of the simple,
preliminary or final plat. However, an extension may be requested
at any time during the review process.
[Ord. 1113, 1/19/2010]
A.
Plans and supporting data shall comply with the provisions of Part 5 of this chapter and shall be filed with the Borough in accordance with Table 1: Subdivision and/or Land Development Submission Requirements, and Diagram 1: Final Plat Approval Process - Simple Subdivision.[1] All information and procedures relating thereto in all
respects shall be in compliance with the applicable provisions of
this chapter. It is the responsibility of the applicant to coordinate
plans with the respective private and public service agencies. The
application form shall be accompanied by the fee in accordance with
those that the Borough Council may from time to time establish by
resolution and not less than 11 printed copies of all required material
(12 if in the Borough Historic District) and one digital copy of all
required site plans, plats and preliminary reports on CD-ROM in the
applicable digital format(s) defined by the Borough.
[1]
Editor's Note: Table 1 and Diagram 1 are on file in the
Borough offices.
B.
Printed copies shall be distributed to simple subdivision-designated
review bodies identified on Diagram 1: Final Plat Approval Process
- Simple Subdivision, or otherwise deemed necessary by the Borough.
The time frame for review shall be defined as presented on Diagram
1: Final Plat Approval Process - Simple Subdivision.
C.
Unless an extension of review time has been agreed upon in writing
by the applicant, the Planning Commission shall review the submission
at its next regularly scheduled meeting. At that meeting, the Planning
Commission shall:
(1)
Consider the reports received from all reviewing bodies.
(2)
Review the plan and supporting data to determine their conformity
to this chapter and any other applicable Borough ordinances, regulations
and standards.
(3)
Hear a presentation from the applicant if he so desires.
(4)
Discuss the plan and data and any modifications and/or design
changes necessary.
(5)
Make one of the following recommendations on the submission,
describing and specifying the defects and/or violations and citing
the provisions of the statute or ordinance relied upon.
D.
The actions of the Planning Commission shall be by motion, which
shall be entered into the minutes of the meeting of the Planning Commission
at which such final action is taken. In the case of conditional approval,
and upon the agreement of the applicant to the conditions, one of
two actions may be taken:
E.
Time frames. All applications for approval, whether preliminary or
final, shall be acted upon by the governing body or the planning agency
within such time limits as may be fixed in this chapter, but the governing
body or the planning agency shall render its decision and communicate
it to the applicant not later than 90 days following the date of the
regular meeting of the governing body or the planning agency (whichever
first reviews the application) next following the date the application
is filed, or after a final order of the court remanding an application,
provided that should the said next regular meeting occur more than
30 days following the filing of the application, or the final order
of the court, the said ninety-day period shall be measured from the
30th day following the day the application has been filed.
(1)
The decision of the governing body or the planning agency 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.
(2)
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.
(3)
Failure of the governing body or agency to render a decision
and communicate it to the applicant within the time and in the manner
required herein 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 presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
(4)
Changes in an ordinance shall affect plats as follows:
(a)
From the time an application for approval, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision or other governing 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 or plans 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)
When an application for approval, whether preliminary or final,
has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in the
zoning, subdivision or other governing 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.
The five-year period shall be extended for the duration of any litigation,
including appeals, which prevents the commencement or completion of
the development and for the duration of any sewer or utility moratorium
or prohibition which was imposed subsequent to the filing of an application
for preliminary approval of a plat. In the event of an appeal filed
by any party from the approval or disapproval of a plat, the five-year
period shall be extended by the total time from the date the appeal
was filed until a final order in such matter has been entered and
all appeals have been concluded and any period for filing appeals
or requests for reconsideration has expired; provided, however, that
no extension shall be based upon any water or sewer moratorium which
was in effect as of the date of the filing of a preliminary application.
(c)
Where final approval is preceded by preliminary approval, the
aforesaid 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 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.
(d)
Where the landowner has substantially completed the required
improvements as depicted upon the final plat within the aforesaid
five-year limit, or any extension thereof as may be granted by the
governing body, no change of municipal ordinance or plan enacted subsequent
to the date of filing of the preliminary plat shall modify or revoke
any aspect of the approved final plat pertaining to zoning classification
or density, lot, building, street or utility location.
(e)
In the case of a preliminary plat calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plat delineating all proposed
sections as well as deadlines within which applications for final
plat approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant, on or before the anniversary
of the preliminary plat approval, until final plat approval of the
final section has been granted, and any modification in the aforesaid
schedule shall be subject to approval of the governing body in its
discretion.
(f)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as depicted on the preliminary plan,
unless a lesser percentage is approved by the governing body in its
discretion. Provided that the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plat approval,
including compliance with the landowner's aforesaid schedule
of submission of final plats for the various sections, then the aforesaid
protections afforded by substantially completing the improvements
depicted upon the final plat within five years shall apply; and for
any section or sections, beyond the initial section, in which the
required improvements have not been substantially completed within
said five-year period, the aforesaid protections shall apply for an
additional term or terms of three years from the date of final plat
approval for each section.
(g)
Failure of the landowner to adhere to the aforesaid schedule
of submission of final plats for the various sections shall subject
any such section to any and all changes in zoning, subdivision and
other governing ordinance enacted by the municipality subsequent to
the date of the initial preliminary plan submission.
(5)
Before acting on any subdivision plat, the governing body or
the planning agency, as the case may be, may hold a public hearing
thereon after public notice and pursuant to mailed notice and electronic
notice if applicable per 53 P.S. § 10109.
[Amended by Ord. 1170, 3/16/2021]
(6)
No plat which will require access to a highway under the jurisdiction
of the Department of Transportation shall be finally approved unless
the plat contains a notice that a highway occupancy permit is required
pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No.
428), known as the "State Highway Law,"[2] before driveway access to a state highway is permitted.
(a)
The Department shall, within 60 days of the date of receipt
of an application for a highway occupancy permit:
[1]
Approve the permit, which shall be valid thereafter unless,
prior to commencement of construction thereunder, the geographic,
physical or other conditions under which the permit is approved change,
requiring modification or denial of the permit, in which event the
Department shall give notice thereof in accordance with regulations;
[2]
Deny the permit;
[3]
Return the application for additional information or correction
to conform with department regulations; or
[4]
Determine that no permit is required, in which case the Department
shall notify the municipality and the applicant in writing.
(b)
If the Department shall fail to take any action within the sixty-day
period, the permit will be deemed to be issued. The plat shall be
marked to indicate that access to the state highway shall be only
as authorized by a highway occupancy permit. Neither the Department
nor any municipality to which permit-issuing authority has been delegated
under Section 420 of the State Highway Law shall be liable in damages
for any injury to persons or property arising out of the issuance
or denial of a driveway permit or for failure to regulate any driveway.
Furthermore, the municipality from which the building permit approval
has been requested shall not be held liable for damages to persons
or property arising out of the issuance or denial of a driveway permit
by the Department.
[2]
Editor's Note: See 36 P.S. § 670.101 et seq.
(7)
The municipality may offer a mediation option as an aid in completing
proceedings authorized by this section. In exercising such an option,
the municipality and mediating parties shall meet the stipulations
and follow the procedures set forth in Article IX of the Pennsylvania
Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10901 et seq.
[Ord. 1113, 1/19/2010]
A.
Preliminary plats and supporting data shall comply with the provisions of Part 5 of this chapter and shall be filed with the Borough in accordance with Table 1: Subdivision and/or Land Development Submission Requirements, and Diagram 2: Preliminary Plat Approval Process - Major Subdivision and/or Land Development.[1] All information and procedures relating thereto in all
respects shall be in compliance with the applicable provisions of
this chapter. It is the responsibility of the applicant to coordinate
plans with the respective private and public service agencies. The
application form shall be accompanied by the fee in accordance with
those that the Borough Council may from time to time establish by
resolution and not less than 17 printed copies of all required material
(18 if in the Borough Historic District) and one digital copy of all
required site plans, plats and preliminary reports on CD-ROM in the
applicable digital format(s) defined by the Borough.
[1]
Editor's Note: Table 1 and Diagram 2 are on file in the
Borough offices.
B.
Printed copies shall be distributed to major subdivision and/or land
development-designated review bodies as identified on Diagram 2: Preliminary
Plat Approval Process - Major Subdivision and/or Land Development,[2] or otherwise deemed necessary by the Borough. As applicable,
the time frame for review and submitting letter reports shall be defined
as presented on Diagram 2: Preliminary Plat Approval Process - Major
Subdivision and/or Land Development, and/or § 22-405F.
[2]
Editor's Note: Diagram 2 is on file in the Borough offices.
C.
Unless an extension of review time has been agreed upon in writing
by the applicant, the Planning Commission shall review the preliminary
submission at its next regularly scheduled meeting. At that meeting,
the Planning Commission shall:
(1)
Consider the reports received from all reviewing bodies.
(2)
Review the preliminary plat and supporting data to determine
their conformity to this chapter and any other applicable Borough
ordinances, regulations and standards.
(3)
Hear a presentation from the applicant.
(4)
Discuss the plan and data and any modifications and/or design
changes necessary.
(6)
Except if there is a delay in action, the Planning Commission
shall, within five days of the meeting, submit a written report to
the Borough Council stating its recommendations. In the case of recommended
disapproval, the Planning Commission shall cite relevant parts of
this chapter and/or other Borough ordinances, regulations, and standards
and/or state statutes.
D.
At the regularly scheduled Borough Council meeting for which the
subdivision and/or land development application was scheduled for
consideration, the Borough Council shall:
E.
The action of the Borough Council in approving or disapproving any
preliminary plats shall be by motion, which shall be entered at large
upon the minutes of the meeting of the Council at which such final
action is taken. In the case of conditional approval, one of two actions
may be taken:
F.
Time frames. All applications for approval, whether preliminary or
final, shall be acted upon by the governing body or the planning agency
within such time limits as may be fixed in this chapter, but the governing
body or the planning agency shall render its decision and communicate
it to the applicant not later than 90 days following the date of the
regular meeting of the governing body or the planning agency (whichever
first reviews the application) next following the date the application
is filed, or after a final order of the court remanding an application;
provided that should the said next regular meeting occur more than
30 days following the filing of the application or the final order
of the court, the said ninety-day period shall be measured from the
30th day following the day the application has been filed.
(1)
The decision of the governing body or the planning agency 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.
(2)
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.
(3)
Failure of the governing body or agency to render a decision
and communicate it to the applicant within the time and in the manner
required herein 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 presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
(4)
Changes in an ordinance shall affect plats as follows:
(a)
From the time an application for approval, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision or other governing 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 or plans 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)
When an application for approval, whether preliminary or final,
has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in the
zoning, subdivision or other governing 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.
The five-year period shall be extended for the duration of any litigation,
including appeals, which prevents the commencement or completion of
the development and for the duration of any sewer or utility moratorium
or prohibition which was imposed subsequent to the filing of an application
for preliminary approval of a plat. In the event of an appeal filed
by any party from the approval or disapproval of a plat, the five-year
period shall be extended by the total time from the date the appeal
was filed until a final order in such matter has been entered and
all appeals have been concluded and any period for filing appeals
or requests for reconsideration has expired; provided, however, that
no extension shall be based upon any water or sewer moratorium which
was in effect as of the date of the filing of a preliminary application.
(c)
Where final approval is preceded by preliminary approval, the
aforesaid 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 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.
(d)
Where the landowner has substantially completed the required
improvements as depicted upon the final plat within the aforesaid
five-year limit, or any extension thereof as may be granted by the
governing body, no change of municipal ordinance or plan enacted subsequent
to the date of filing of the preliminary plat shall modify or revoke
any aspect of the approved final plat pertaining to zoning classification
or density, lot, building, street or utility location.
(e)
In the case of a preliminary plat calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plat delineating all proposed
sections as well as deadlines within which applications for final
plat approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant, on or before the anniversary
of the preliminary plat approval, until final plat approval of the
final section has been granted, and any modification in the aforesaid
schedule shall be subject to approval of the governing body in its
discretion.
(f)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as depicted on the preliminary plan,
unless a lesser percentage is approved by the governing body in its
discretion. Provided that the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plat approval,
including compliance with the landowner's aforesaid schedule
of submission of final plats for the various sections, then the aforesaid
protections afforded by substantially completing the improvements
depicted upon the final plat within five years shall apply; and for
any section or sections, beyond the initial section, in which the
required improvements have not been substantially completed within
said five-year period, the aforesaid protections shall apply for an
additional term or terms of three years from the date of final plat
approval for each section.
(g)
Failure of the landowner to adhere to the aforesaid schedule
of submission of final plats for the various sections shall subject
any such section to any and all changes in zoning, subdivision and
other governing ordinance enacted by the municipality subsequent to
the date of the initial preliminary plan submission.
(5)
Before acting on any subdivision plat, the governing body or
the planning agency, as the case may be, may hold a public hearing
thereon after public notice and pursuant to mailed notice and electronic
notice if applicable per 53 P.S. § 10109.
[Amended by Ord. 1170, 3/16/2021]
(6)
No plat which will require access to a highway under the jurisdiction
of the Department of Transportation shall be finally approved unless
the plat contains a notice that a highway occupancy permit is required
pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No.
428), known as the "State Highway Law,"[3] before driveway access to a state highway is permitted.
(a)
The Department shall, within 60 days of the date of receipt
of an application for a highway occupancy permit:
[1]
Approve the permit, which shall be valid thereafter unless,
prior to commencement of construction thereunder, the geographic,
physical or other conditions under which the permit is approved change,
requiring modification or denial of the permit, in which event the
Department shall give notice thereof in accordance with regulations;
[2]
Deny the permit;
[3]
Return the application for additional information or correction
to conform with department regulations; or
[4]
Determine that no permit is required, in which case the Department
shall notify the municipality and the applicant in writing.
(b)
If the Department shall fail to take any action within the sixty-day
period, the permit will be deemed to be issued. The plat shall be
marked to indicate that access to the state highway shall be only
as authorized by a highway occupancy permit. Neither the Department
nor any municipality to which permit-issuing authority has been delegated
under Section 420 of the State Highway Law shall be liable in damages
for any injury to persons or property arising out of the issuance
or denial of a driveway permit or for failure to regulate any driveway.
Furthermore, the municipality from which the building permit approval
has been requested shall not be held liable for damages to persons
or property arising out of the issuance or denial of a driveway permit
by the Department.
[3]
Editor's Note: See 36 P.S. § 670.101 et seq.
(7)
The municipality may offer a mediation option as an aid in completing
proceedings authorized by this section. In exercising such an option,
the municipality and mediating parties shall meet the stipulations
and follow the procedures set forth in Article IX in the Pennsylvania
Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10901 et seq.
[Ord. 1113, 1/19/2010]
A.
Final plats and supporting data shall comply with the provisions of Part 5 of this chapter and shall be filed with the Borough in accordance with Table 1: Subdivision and/or Land Development Submission Requirements, and Diagram 3: Final Plat Approval Process - Minor and Major Subdivision and/or Land Development.[1] All information and procedures relating thereto in all
respects shall be in compliance with the applicable provisions of
this chapter. It is the responsibility of the applicant to coordinate
plans with the respective private and public service agencies. The
application form shall be accompanied by the applicable fee(s) in
accordance with those that the Borough Council may from time to time
establish by resolution and not less than 17 printed copies of all
required material (18 if in the Borough Historic District) and one
digital copy of all required site plans, plats and final reports on
CD-ROM in the applicable digital format(s) defined by the Borough.
[1]
Editor's Note: Table 1 and Diagram 3 are on file in the
Borough offices.
B.
Printed copies shall be distributed to minor and major subdivision
and/or land development-designated review bodies identified on Diagram
3: Final Plat Approval Process - Minor and Major Subdivision and/or
Land Development,[2] or otherwise deemed necessary by the Borough. As applicable,
the time frame for review and submittal of reports shall be defined
as presented on Diagram 3: Final Plat Approval Process - Minor and
Major Subdivision and/or Land Development, and/or § 22-406G.
[2]
Editor's Note: Diagram 3 is on file in the Borough offices.
C.
Unless an extension of review time has been agreed upon in writing
by the applicant, the Planning Commission shall review the final submission
at its next regularly scheduled meeting. At that meeting, the Planning
Commission shall:
(1)
Consider the reports received from all reviewing bodies.
(2)
Review the final plat and supporting data to determine their
conformity to this chapter and any other applicable Borough ordinances,
regulations and standards.
(3)
Hear a presentation from the applicant.
(4)
Discuss the plan and data and any modifications and/or design
changes necessary.
(6)
Except if there is a delay in action, the Planning Commission
shall, within five days of the meeting, submit a written report to
the Borough Council stating its recommendations. In the case of recommended
disapproval, the Planning Commission shall cite relevant parts of
this chapter and/or other Borough ordinances, regulations, and standards
and/or state statutes.
D.
At the regularly scheduled Borough Council meeting for which the
subdivision and/or land development application was scheduled for
consideration, the Borough Council shall:
(1)
Review the final plat and supporting data.
(2)
Consider the report of the Planning Commission.
(3)
Hear a presentation from the applicant if he so desires.
(4)
Discuss the plan and data and any modifications and/or design
changes necessary.
(5)
Take one of the following actions on the final submission:
E.
The action of the Borough Council in approving or disapproving any
final plats shall be by motion, which shall be entered at large upon
the minutes of the meeting of the Council at which such final action
is taken. In the case of conditional approval, the applicant may be
requested to make modifications and design changes and to resubmit
the plan as revised final plat.
F.
Following approval by the Borough Council, the final plat (all sheets)
shall be submitted in PDF format on CD-ROM to the Borough. The final
plat (all sheets) shall also be recorded by the owner with the Recorder
of Deeds of Cumberland County, Pennsylvania, in accordance with the
law and the requirements of the Recorder. The recorded final plat
must contain the signature(s) of the Cumberland County Planning Commission.
No building permit will be issued until satisfactory proof of the
recording of said approved plan has been received by the Borough.
All filing costs are to be paid by the owner. As part of recording
a plan(s) with the county, the applicant shall provide a CD-ROM to
the County Planning Office with a DWG AutoCAD file that includes one
sketch of all the lots on the plan(s). The CD-ROM shall be provided
when the paper copies are brought to the County Planning Office for
stamping. The CD shall include only the data that is intended to be
recorded. At a minimum, the following information is requested on
CD-ROM:
G.
Time frames. All applications for approval, whether preliminary or
final, shall be acted upon by the governing body or the planning agency
within such time limits as may be fixed in this chapter, but the governing
body or the planning agency shall render its decision and communicate
it to the applicant not later than 90 days following the date of the
regular meeting of the governing body or the planning agency (whichever
first reviews the application) next following the date the application
is filed, or after a final order of the court remanding an application,
provided that should the said next regular meeting occur more than
30 days following the filing of the application, or the final order
of the court, the said ninety-day period shall be measured from the
30th day following the day the application has been filed.
(1)
The decision of the governing body or the planning agency 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.
(2)
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.
(3)
Failure of the governing body or agency to render a decision
and communicate it to the applicant within the time and in the manner
required herein 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 presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
(4)
Changes in the ordinance shall affect plats as follows:
(a)
From the time an application for approval, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision or other governing 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 or plans 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)
When an application for approval, whether preliminary or final,
has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in the
zoning, subdivision or other governing 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.
The five-year period shall be extended for the duration of any litigation,
including appeals, which prevents the commencement or completion of
the development, and for the duration of any sewer or utility moratorium
or prohibition which was imposed subsequent to the filing of an application
for preliminary approval of a plat. In the event of an appeal filed
by any party from the approval or disapproval of a plat, the five-year
period shall be extended by the total time from the date the appeal
was filed until a final order in such matter has been entered and
all appeals have been concluded and any period for filing appeals
or requests for reconsideration has expired; provided, however, that
no extension shall be based upon any water or sewer moratorium which
was in effect as of the date of the filing of a preliminary application.
(c)
Where final approval is preceded by preliminary approval, the
aforesaid 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 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.
(d)
Where the landowner has substantially completed the required
improvements as depicted upon the final plat within the aforesaid
five-year limit, or any extension thereof as may be granted by the
governing body, no change of municipal ordinance or plan enacted subsequent
to the date of filing of the preliminary plat shall modify or revoke
any aspect of the approved final plat pertaining to zoning classification
or density, lot, building, street or utility location.
(e)
In the case of a preliminary plat calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plat delineating all proposed
sections as well as deadlines within which applications for final
plat approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant, on or before the anniversary
of the preliminary plat approval, until final plat approval of the
final section has been granted, and any modification in the aforesaid
schedule shall be subject to approval of the governing body in its
discretion.
(f)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as depicted on the preliminary plan,
unless a lesser percentage is approved by the governing body in its
discretion. Provided that the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plat approval,
including compliance with the landowner's aforesaid schedule
of submission of final plats for the various sections, then the aforesaid
protections afforded by substantially completing the improvements
depicted upon the final plat within five years shall apply; and for
any section or sections, beyond the initial section, in which the
required improvements have not been substantially completed within
said five-year period, the aforesaid protections shall apply for an
additional term or terms of three years from the date of final plat
approval for each section.
(g)
Failure of landowner to adhere to the aforesaid schedule of
submission of final plats for the various sections shall subject any
such section to any and all changes in zoning, subdivision and other
governing ordinance enacted by the municipality subsequent to the
date of the initial preliminary plan submission.
(5)
Before acting on any subdivision plat, the governing body or
the planning agency, as the case may be, may hold a public hearing
thereon after public notice and pursuant to mailed notice and electronic
notice if applicable per 53 P.S. § 10109.
[Amended by Ord. 1170, 3/16/2021]
(6)
No plat which will require access to a highway under the jurisdiction
of the Department of Transportation shall be finally approved unless
the plat contains a notice that a highway occupancy permit is required
pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No.
428), known as the "State Highway Law,"[3] before driveway access to a state highway is permitted.
(a)
The Department shall, within 60 days of the date of receipt
of an application for a highway occupancy permit:
[1]
Approve the permit, which shall be valid thereafter unless,
prior to commencement of construction thereunder, the geographic,
physical or other conditions under which the permit is approved change,
requiring modification or denial of the permit, in which event the
Department shall give notice thereof in accordance with regulations;
[2]
Deny the permit;
[3]
Return the application for additional information or correction
to conform with department regulations; or
[4]
Determine that no permit is required, in which case the Department
shall notify the municipality and the applicant in writing.
(b)
If the Department shall fail to take any action within the sixty-day
period, the permit will be deemed to be issued. The plat shall be
marked to indicate that access to the state highway shall be only
as authorized by a highway occupancy permit. Neither the Department
nor any municipality to which permit-issuing authority has been delegated
under Section 420 of the State Highway Law[4] shall be liable in damages for any injury to persons or
property arising out of the issuance or denial of a driveway permit
or for failure to regulate any driveway. Furthermore, the municipality
from which the building permit approval has been requested shall not
be held liable for damages to persons or property arising out of the
issuance or denial of a driveway permit by the Department.
[4]
Editor's Note: See 36 P.S. § 670-420.
[3]
Editor's Note: See 36 P.S. § 670.101 et seq.
(7)
The municipality may offer a mediation option as an aid in completing
proceedings authorized by this section. In exercising such an option,
the municipality and mediating parties shall meet the stipulations
and follow the procedures set forth in Article IX of the Pennsylvania
Municipalities Planning Code.[5]
[5]
Editor's Note: See 53 P.S. § 10901 et seq.
