Copies of this chapter shall be available at reasonable charge
on request for the use of any person who desires information concerning
subdivision and land development standards and procedures in effect
within Spring Grove Borough. Any prospective developer may request
a consultation with the Planning Commission at its next regularly
scheduled meeting to discuss and review tentative plans and discuss
the applicability of the provisions of this chapter.
A.
Prospective applicants may submit a sketch plan for review by the Planning Commission. Sketch plans, if submitted, shall include at least those items listed in § 350-19. Such plans should be submitted to the Borough Secretary at least 30 days prior to the next regularly scheduled meeting of the Planning Commission.
B.
Sketch plans will be considered as submitted for informal review
and discussion and shall not constitute formal filing of the plan
with the Borough.
C.
As far as may be practical on the basis of the sketch plan review
and discussion, the Planning Commission will informally advise the
prospective applicant of the extent to which the proposed land development
conforms to the applicable provisions of this chapter and will discuss
possible plan modifications necessary to secure conformance.
A.
Applications for approval of preliminary plans and/or final plans for all proposed land developments lying within the Borough shall be filed with the Secretary or his\her designee at least 30 days prior to the next regularly scheduled meeting of the Planning Commission. Such submission of plans shall be accompanied by a filing fee as specified in § 350-81.
B.
The initial subdivision plan filed with the Borough for formal review and approval shall be considered as a preliminary plan. However, in the event that the initial plan is for a minor land development or a minor subdivision (as defined in § 350-6), the developer may proceed directly to final plan preparation in compliance with the requirements of § 350-24.
C.
The developer shall submit the preliminary plans and/or final plans drawn on linen, reproducible Mylar or another permanent drafting film (not including sepia prints) approved by the Borough Engineer along with 15 copies, blue or black line paper prints, as well as five copies of the required supporting data. Preliminary and final plans shall comply with the requirements of Article IV.
D.
An application for final plan approval may be for all land included
in the preliminary plan approval or for a section thereof. If the
final plan is to be submitted in sections or phases, each section
or phase in any residential subdivision or land development, except
for the last section or phase, 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 Borough Council.
E.
When preliminary plan approval, either with or without conditions,
has been granted by the Borough Council the developer shall have a
maximum of a one-year period after the preliminary plan approval date
to submit an application for final plan approval. In the event the
land development is to be constructed in sections or phases, the application
for final plan approval of the first section or phase must be submitted
within a one-year period from the date of preliminary plan approval
and each successive section or phase must be submitted within a one-year
period of the preceding section or phase. Failure to submit an application
for final plan approval of any section or phase within the specified
time period will void the approval of the application for preliminary
plan approval if one section or phase development is being carried
out, or will void the approval of the remaining sections or phases
of the application for preliminary plan approval on which applications
for final plan approval have not yet been submitted in the case of
a multiple section or phase development. However, if the developer,
due to extenuating circumstances beyond the control of the developer,
cannot submit an application for final plan approval of any section
or phase within the specified time period, he may apply to the Borough
Council for a time extension.
A.
All plans, whether preliminary or final, shall be distributed by the Secretary to the Planning Commission for review and recommendation. The Secretary shall also transmit one copy of all plans to the York County Planning Commission as required by § 350-3B(3) of this chapter.
B.
The Secretary shall also notify the following agencies, in writing,
that the plan, whether preliminary or final, has been received and
will be considered at its meeting of specified date:
(1)
One copy of the plan and one copy of all supporting data transmitted
to the Borough Engineer for review and recommendations.
(2)
One copy of the plan and two copies of a DEP Planning Module for
Land Development transmitted to the Borough Sewage Enforcement Officer
for review, approval of the Borough Council if necessary, and forwarding
to the local office of the Pennsylvania Department of Environmental
Protection (PA DEP).
(3)
One copy transmitted to the local office of the Natural Resources
Conservation Service of the U.S. Department of Agriculture for review
and recommendations concerning erosion, sediment and drainage control.
(4)
One copy transmitted to the local office of the Pennsylvania Department
of Transportation for review and recommendations where the land development
will front on an existing or proposed state highway or has a proposed
street entering on such a highway.
(5)
One copy transmitted to the appropriate fire company officials for
their review and comments.
(6)
One copy of all material shall be transmitted to the Borough Solicitor
in the case of major subdivisions.
C.
The Secretary shall also retain one copy of all material for the
Borough file.
A.
All plans, whether preliminary or final, shall be reviewed by the
Borough with reference to the following:
(1)
The standards and requirements of this chapter.
(2)
Any proposals contained in the Spring Grove Borough Comprehensive
Plan.
(3)
Site suitability for the particular type of development proposed.
(4)
The availability of necessary services and facilities.
(5)
The requirements of any other applicable Borough ordinance.
(6)
The improvements, design and dedications or reservations required
by this chapter.
B.
In addition, any comments and recommendations from the following
persons or agencies shall be given consideration:
(1)
Borough Engineer.
(2)
York County Planning Commission.
(3)
Pennsylvania Department of Environmental Protection.
(4)
Borough Sewage Enforcement Officer.
(5)
York County Conservation District.
(6)
Pennsylvania Department of Transportation.
(7)
Affected public utilities.
(8)
Local fire company officials.
(9)
Interested citizens.
(10)
Borough Solicitor.
C.
In addition, every plan, whether preliminary or final, shall be considered conditionally approved until the plan shows the uniform parcel identifier number for each tract or separate lot created by or identified on the plan, which number shall be assigned by the York County Tax Map Office, subject to the procedures set forth in § 350-13A(2).
[Added 2-5-2001 by Ord.
No. 1-2001]
D.
At the time of the submission of the final plan, the applicant shall request of the Borough staff that the Borough assign house numbers and street addresses for each tract or lot identified in or created by the plan, to the extent that such tract or lot does not already have a house number or street address. All street and house number addresses shall be added to and shown on the plan in a table as required in §§ 350-20B(30) and 350-24B(37) and (38), prior to and as a condition of final approval by the Borough Council.
[Added 2-5-2001 by Ord.
No. 1-2001]
Before acting on any land development or subdivision plan, the
Borough Council may hold a public hearing thereon pursuant to public
notice.
A.
Plan approval. At a scheduled public meeting the Borough Council
shall render its decision on the plan, whether preliminary or final,
and communicate its decision to the applicant not later than 90 days
following the date of the regular meeting of the Spring Grove Borough
Planning Commission next following the date the application is filed,
provided that should the said next regular meeting occur more than
30 days following the filing of the application, the said ninety-day
period shall be measured from the 30th day following the day the application
has been filed.
(1)
Final plan approval shall not be granted until such improvements as required by this chapter and shown on such final plan have been completed or guarantee posted as required in Article VI and all required fees are paid.
(2)
All plan approvals, whether preliminary or final, shall initially be conditional, conditioned on the developer obtaining the uniform parcel identifier number for each tract or separate lot created by or identified on the plan. Upon such conditional approval, Borough Council shall cause the presiding officer of Borough Council to execute a letter to the York County Tax Assessment Office advising the Tax Assessment Office that the plan has been approved conditional on the assignment by the Tax Map Office of the uniform parcel identifier numbers. It shall then be the responsibility of the developer to take such letter and a notarized copy of the plan, which is the copy intended to be recorded in the Office of the Recorder of Deeds in and for York County, to the Tax Map Office for assignment of the uniform parcel identifier numbers, which numbers shall be placed on the appropriate table on the plan as required in §§ 350-20B(30) and 350-24B(36). After obtaining the uniform parcel identifier numbers from the Tax Map Office, the developer shall then return the plan and one identical copy (complete with uniform parcel identifier numbers), to the Borough office, together with a check made out to "York County Recorder of Deeds" in the amount determined by the Tax Map Office to be due for the assignment of the uniform parcel identifier numbers. As soon as all conditions of approval have been met, including, but not limited to, the assignment of the uniform parcel identifier numbers to the plan, then the members of Borough Council shall sign the plan, and the Borough shall record or cause to be recorded the plan in the Office of the Recorder of Deeds in and for York County, Pennsylvania.
[Added 2-5-2001 by Ord.
No. 1-2001]
(3)
The developer or representative should attend the Council and Planning
Commission meetings in order to answer any questions that may arise.
If there are questions, and the developer or representative is not
in attendance, the plan may be tabled or rejected.
B.
Notification. The decision of the Borough Council concerning plan
approval, whether preliminary or final, 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.
(1)
When the plan is not approved in terms as filed, the decision shall
specify the defects found in the plan, describe the requirements which
have not been met and shall cite the sections of these regulations
relied upon.
(2)
Failure of the Borough Council to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed as 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 or communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation or communication shall have like
effect.
C.
Effect of ordinance amendments.
(1)
From the time a plan, whether preliminary or final, is submitted
as provided in this chapter and while such plan is pending approval
or disapproval, no change or amendment of this chapter or other Borough
ordinance or plan shall affect the decision on such plan adversely
to the applicant and the applicant shall be entitled to a decision
in accordance with the provisions of the Borough ordinances or plans
as they stood at the time the application was duly submitted. In addition,
when a preliminary plan has been duly approved, the applicant shall
be entitled to final approval in accordance with the terms of the
approved preliminary plan as hereinafter provided.
(2)
However, if a plan is properly and finally denied, any subsequent
plan shall be subject to the intervening change in Borough regulations.
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 this chapter
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 Borough ordinances or plans
as they stood at the time when the plan for such approval was duly
submitted. Completion of improvements for sections or phases of approved
plans, or extensions of time for the completion of required improvements
shall follow the procedures as specified in § 509 of the
Pennsylvania Municipalities Planning Code, Act 247, as reenacted and
amended.
A.
Approval of the preliminary plan by the Borough Council constitutes
approval of the development as to the character and intensity of development,
the general layout of lots and streets, and the design of public improvements.
This approval binds the developer to the general scheme shown on the
preliminary plan.
B.
Approval of the preliminary plan shall not constitute approval of
the final plan, nor does it authorize recording of the preliminary
plan, the sale of any lots or the construction of any buildings. However,
such approval does authorize the developer to proceed with the preparation
of the final plan, installation and construction of improvements subject
to obtaining work permits from the Borough and/or the posting of a
bond guarantee as specified in this chapter.
A.
Approval of the final plan by the Borough Council 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 developer to the scheme
shown on the final plan.
B.
Final plan approval authorizes the Borough to proceed with the recording
of the final plan which must be accomplished before the developer
can proceed with the sale of any lots or the construction of buildings
or structures.
A.
Upon approval of the final plan, the Borough shall within 90 days
of such approval record such plan in the Office of the Recorder of
Deeds of York County.
B.
The recording of the final plan shall not constitute grounds for
assessment increases until such time as lots are sold or improvements
are installed on the land included within the subject plan.
For any replatting or resubdivision of land, the same procedures,
rules and regulations shall apply as prescribed herein for an original
subdivision. Such plan, however, shall be titled a "revised final
plan" and the date of original plan approval as well as the plan number
must be noted on the revised plan.
When minor changes from the accepted drawings and specifications
become necessary during construction, written acceptance by the Borough
Council with the advice of the Borough Engineer shall be secured before
the execution of such.
