[Ord. 154, 9/3/1985, § 300]
1.
To discharge the duties imposed by law, the Borough has adopted the
following procedures which shall be observed by all applicants, developers,
and their agents.
2.
The review process for the plans required by the Borough shall include
no more 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, the said ninety-day
period shall be measured from the thirtieth day following the day
the application has been filed. The applicant may agree to waive or
extend the time requirement.
3.
The presentation of a preliminary plan and final plan shall each
be considered a separate submission, and the maximum review period
may be required for each such plan.
4.
The submission of revised preliminary or final plans shall constitute
a new and separate submission subject to the review procedures set
forth in this chapter.
5.
A revised plan must be accompanied by a completed application and
all required information. Additional fees to the Borough are not required
if the revisions are made at the Borough's request. With a revised
plan, the applicant must submit a written withdrawal of the previously
submitted plan.
6.
The separate stages of approval include the submission of an optional
sketch plan, a preliminary plan, and a final plan. These plans differ
in their purpose and required level of detail. The table below indicates
the recommended and required plans for the different types of submissions.
7.
All plans and applications shall be submitted to the Borough Secretary.
The Borough shall have the sole responsibility to forward the plans
to other reviewing agencies. Plans are not to be delivered to any
reviewing agency by the owner, developer, or his agent.
[Ord. 154, 9/3/1985, § 301]
1.
Purpose.
A.
The sketch plan is optional. It is offered to give the applicant
the opportunity to consult early and informally with the Dublin Borough
Planning Commission and the Bucks County Planning Commission before
the preparation of the preliminary plan and formal application for
approval.
B.
The sketch plan procedure affords both planning commissions the opportunity
to give informal guidance to the applicant at a stage when potential
points of difference can be more easily resolved. It can also simplify
official action and save unnecessary expense and delay.
2.
Procedure. The applicant prepares sketch plan in accordance with the submission requirements and standards set forth in § 22-602. It is recommended that six copies of the sketch plan be submitted.
3.
Review. The Borough Planning Commission shall initially review the
sketch plan submission and advise the applicant how the proposed subdivision
or land development may conform or fail to conform with the requirements
of this chapter and other applicable ordinances. The applicant may
attend a meeting of the Planning Commission to discuss the proposal.
The Planning Commission shall communicate its comments and recommendations
to the applicant by mail at the address provided on the application
by the applicant. Similarly, the Borough Council may conduct a review
and discuss the plan with the applicant if requested. The review of
a sketch plan is advisory only and the opinions expressed by the members
of the Planning Commission and/or Council during sketch plan review
are not binding.
4.
The sketch plan is not a requirement and, therefore, will not receive
an official approval.
[Ord. 154, 9/3/1985, § 302]
1.
Purpose. The purpose of the preliminary plan is to enable the Borough to examine subdivision and land development proposals for compliance with Zoning [Chapter 27], Subdivision and Land Development [this chapter], and other Borough ordinances prior to the submission of detailed engineering data and the improvement guarantees required at the final plan submission stage.
2.
General. The preliminary plan is required for all major subdivisions
and land developments. The preliminary plan submission shall be prepared
to comply with the provisions of this chapter.
3.
Procedure.
B.
Fees in the amounts specified by the Borough and Bucks County Planning
Commission fee schedules shall be paid by the applicant at the time
of plan submission.
C.
The applicant submits to the Borough Secretary, or other person so
designated by the Borough Council, the following items:
(1)
Twelve copies of the preliminary plan.
(2)
One Borough application form and appropriate fee.
(3)
One Bucks County Planning Commission application form and appropriate
fee.
(4)
Four copies of completed planning module for land development.
(5)
Four copies of the community impact analysis, where applicable.
D.
The Borough Secretary checks the submission for completeness as required in § 22-304, Subsection 3C, above and, if it is incomplete, may notify the applicant of the deficiencies within seven days. If complete, or if the applicant has not corrected the deficiencies within 14 days of the original date of submission, copies of the plan and appropriate fees shall be distributed to the following agencies:
(1)
Borough Planning Commission and Borough Council: five copies,
plus two copies of the community impact analysis.
(2)
Bucks County Planning Commission: two copies plus one copy of
the community impact analysis.
(3)
Borough Engineer: one copy plus one copy of the community impact
analysis.
(4)
Bucks County Health Department: four copies plus four copies
planning module for land development.
4.
Review. The Borough Planning Commission shall within 60 days following the starting date of the review process as set forth in § 22-301, Subsection 2:
5.
Action. The Borough Council shall:
A.
Review the reports of the Borough Planning Commission, Borough Engineer,
Bucks County Planning Commission, and other applicable reviewing agencies.
B.
Determine whether the preliminary plan meets the objectives and requirements
of Borough ordinances.
C.
Approve or Disapprove the Preliminary Plan.
(1)
If approved, the Borough Council shall express its approval
as preliminary, and state the conditions, if any, to be met prior
to final approval.
(2)
If disapproved, the Borough Council shall state the reasons
for this action, citing specific sections in the applicable ordinances
which the plan failed to meet. The applicant may file a revised preliminary
plan with the Borough Secretary. No fee will be charged for the first
revision, but all successive revisions shall require the regular application
fee.
(3)
The Borough Council should also approve or disapprove the planning
module for land development at this time.
6.
Timing.
A.
The Borough Council shall render its decision within 90 days of the
beginning of the review period. The Borough shall not act, however:
(1)
Before the earlier of 45 days following the forwarding of the
complete submission to the county or the receipt of the report from
the County Planning Commission by the Council.
(2)
Before the earlier of 60 days from the date of the beginning
of the review period by the Borough Planning Commission or the receipt
of written comments from the Borough Planning Commission by the Council.
B.
The decision of the Borough Council shall be in writing and shall
be mailed to the applicant (or his agent) at his last known address
not later than 15 days following the decision or within 90 days of
the beginning of the review period, whichever is sooner.
C.
Failure of the Borough Council to render a decision and communicate
it to the applicant within the time and manner required 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 prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change will have a like
effect.
[Ord. 154, 9/3/1985, § 303]
1.
Purpose. The purpose of the final plan is to enable the Borough to
determine whether or not all aspects of subdivision and land development
proposals conform to the municipal standards, and to provide a means
for the applicant to guarantee all required improvements prior to
the official approval and recording of the plan.
2.
General. The final plan shall be submitted in conformance with the changes recommended during the Preliminary plan review. The final plan submission shall be prepared to comply with the provisions of this chapter, except where specific variations may be approved by the Borough Council as set forth in Part 4.
3.
Procedure.
A.
The applicant prepares final plan in accordance with the submission requirements and standards set forth in §§ 22-601 and 604.
B.
Fees in the amounts specified by the Borough and Bucks County Planning
Commission fee schedules shall be paid by the applicant at the time
of plan submission, where applicable.
C.
The applicant submits to the Borough Secretary, or other person so
designated by the Borough Council, the following items:
(1)
Eight copies of the final plan.
(2)
One Borough application form and appropriate fee.
(3)
One Bucks County Planning Commission application form and appropriate
fee.
(4)
Certification from the appropriate authority indicating that
sewerage service and capacity is available for lots proposing to use
a public sewerage system.
(5)
Certification from the appropriate authority indicating that
water service and capacity is available for lots proposing to use
a public water system.
D.
The Borough Secretary checks the submission for completeness as required in § 22-305, Subsection 3C, above and, if it is incomplete, may notify the applicant of the deficiencies within seven days. If complete or, if the applicant has not corrected the deficiencies within 14 days of the original date of submission, copies of the plan and appropriate fees shall be distributed to the following agencies:
4.
Review. The Borough Planning Commission shall within 60 days following the starting date of the review process as set forth in § 22-301, Subsection 2:
5.
Action.
A.
The Borough Council shall:
(1)
Review the reports of the Borough Planning Commission, Borough
Engineer, Bucks County Planning Commission, and other applicable reviewing
agencies.
(2)
Determine whether the final plan meets the objectives and requirements of the Borough Zoning Ordinance [Chapter 27], Subdivision and Land Development Ordinance [Chapter 22], and other ordinances; or, where preceded by an approved preliminary plan, determine whether the final plan is in accordance with its terms and conditions as approved.
(3)
Approve or disapprove the final plan.
C.
If disapproved, the Borough Council shall state the reasons for this
action, citing specific sections in the applicable ordinances which
the plan failed to meet; and, where the final plan is preceded by
an approved preliminary plan, the Board shall specify how it fails
to meet the terms of preliminary approval. The applicant may file
a revised final plan with the Borough Secretary. No fee will be charged
for the first revision, but all successive revisions shall require
the regular application fee.
6.
Timing.
A.
The Borough Council shall render its decision within 90 days of the
beginning of the review period. The Board shall not act, however:
(1)
Before the earlier of 45 days following the forwarding of the
complete submission to the county or the receipt of the report from
the County Planning Commission by the Council.
(2)
Before the earlier of 60 days from the date of the beginning
of the review period by the Borough Planning Commission or the receipt
of written comments from the Borough Planning Commission by the Council.
B.
The decision of the Borough Council shall be in writing and shall
be mailed to the applicant (or his agent) at his last known address
not later than 15 days following the decision or within 90 days of
the start of the review period, whichever is sooner.
C.
Failure of the Borough Council to render a decision and communicate
it to the applicant within the time and manner required 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 prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change will have a like
effect.
7.
Requirements for, Effects of, and Limits of Action.
A.
The final plan must be based on an approved preliminary plan. No
final plan shall be approved that deviates substantially from an approved
preliminary plan and conditions attached thereto including, but not
limited to, changes in elements of density, road alignment, layout
and character of lots, open space, and housing types.
B.
No plat shall be finally approved unless the streets shown on the plat have been improved as required by this chapter, and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains, and other improvements as may be required have been installed in accordance with the provisions enacted herein, except in lieu of the completion of any improvements required as a condition of final approval, the applicant may enter into a contract with the Borough to guarantee completion of such improvements as set forth in Part 4 of this chapter.
C.
No plat which proposes sewage disposal by means of a public sewer
shall be approved until it has been established through written documentation
that service and capacity is available in the sewerage system being
considered for service.
D.
No plat which proposes central water service, shall be approved until
it has been established through written documentation that service
and capacity are available.
[Ord. 154, 9/3/1985, § 304; as amended by Ord.
256, 5/24/2004]
1.
Purpose. The purpose of this section is to provide a simplified procedure
by which minor subdivisions may be submitted and approved.
2.
General. The provisions of this section shall not apply to any subdivision
which does not meet the qualifying criteria of a minor subdivision
as defined.
3.
Procedure.
B.
Fees in the amounts specified by the Borough and Bucks County Planning
Commission fee schedule shall be paid by the applicant at the time
of submission.
C.
The applicant submits to the Borough Secretary, or other person so
designated by the Borough Council, 12 copies of the minor subdivision
plan, one Borough application form and appropriate fee, and one Bucks
County Planning Commission application form and appropriate fee.
D.
The Borough Secretary checks the submission for completeness as required in § 22-306, Subsection 3C, above, and, if it is incomplete, may notify the applicant of the deficiencies within seven days. If complete, or if the applicant has not corrected the deficiencies within 14 days of the original date of submission, copies of the plan and appropriate fees shall be distributed to the following agencies:
4.
Review. The Borough Planning Commission shall within 60 days following the starting date of the review process as set forth in § 22-301, Subsection 2:
A.
Review the reports from the Bucks County Planning Commission, the
Borough Engineer, and other applicable reviewing agencies.
B.
Determine whether the minor subdivision plan meets the objectives and requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22] and other ordinances.
C.
Recommend approval or disapproval of the minor subdivision plan in
a written report to the Borough Council.
5.
Action.
A.
The Borough Council shall:
(1)
Review any submitted reports of the Borough Planning Commission
and other reviewing agencies.
(2)
Determine whether the submission meets the objectives and requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22] and other ordinances.
(3)
Review the recommendations of the Department of Environmental
Protection, if any, and determine whether the plan is in conformance
with the Borough's sewer plan.
(4)
Approve or disapprove the minor subdivision plan.
B.
If the minor subdivision plan is approved, the applicant shall submit two exact copies of the approved minor subdivision plan on linen and one exact paper print copy of the plan with the signatures of the required agents and agencies, as specified in § 22-606 of this chapter, to the Borough Council for signature.
C.
If disapproved, the Borough Council shall state the reasons for this
action, citing specific sections in the applicable ordinances which
the plan failed to meet. The applicant may file a revised minor subdivision
plan with the Borough Secretary. No fee will be charged for the first
revision, but all successive revisions shall require the regular application
fee.
D.
The Borough Council should also approve or disapprove the planning
module for land development at this time.
6.
Timing.
A.
The Borough Council shall render its decision within 90 days following the starting date of the review process as set forth in § 22-301, Subsection 2. The Board shall not act, however:
(1)
Before the earlier of 45 days following the forwarding of the
complete submission to the county or the receipt of the report from
the County Planning Commission by the Council.
(2)
Before the earlier of 60 days from the date of the beginning
of the review period by the Borough Planning Commission or the receipt
of written comments from the Borough Planning Commission by the Council.
B.
The decision of the Borough Council shall be in writing and shall
be mailed to the applicant (or his agent) at his last known address
not later than 15 days following the decision or within 90 days of
the start of the review period, whichever is sooner.
C.
Failure of the Borough Council to render a decision and communicate
it to the applicant within the time and manner required 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 prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change will have a like
effect.
7.
Requirements for, Effects of, and Limits of Action.
A.
No plat which proposes sewage disposal by means of a public sewer
system shall be approved until it has been established through written
documentation that service and capacity is available in the sewerage
system being considered for service.
B.
No plat which proposes central water service shall be approved until
it has been established through written documentation that service
and capacity are available.
[Ord. 154, 9/3/1985, § 305]
1.
The action of the Borough Council or of the court on appeal in approving
any subdivision or land development plan and approved duplicate copy
of such plan shall within 90 days of the date of approval, be recorded
by the owner in the Office of the Recorder of Deeds of Bucks County.
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 is recorded. If the plan is not recorded within
the ninety-day period, the approval shall lapse and become void, unless
the Borough Council, upon request of the applicant, shall reinstate
its approval.
2.
Effect of Recording. Every improvement shown on a subdivision or
land development plan that is recorded, as provided herein, shall
be deemed to be a private improvement until such time as the same
has been offered for dedication to the Borough and accepted, by resolution,
and recorded in the Office of the Clerk of the Court of Quarter Sessions
of Bucks County, or until it has been condemned for use as a public
improvement.
[Ord. 154, 9/3/1985, § 306; as amended by Ord.
256, 5/24/2004]
1.
From the time an application for approval of a plat, 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
adversely affect the application.
2.
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.
3.
When a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the approved
preliminary application.
4.
If an application is properly and finally denied, any subsequent
application shall be subject to any and all governing regulation in
effect at the time of the new application.
5.
When an application for approval of a plat, whether preliminary or
final has been approved or approved subject to conditions acceptable
to the applicant, no subsequent change or amendment of the zoning,
subdivision or other governing ordinance or plan shall be applied
to adversely affect 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. When
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 light of the provisions of the governing
ordinances and plans as they stood at the time when the application
for such approval was duly filed. The five-year period shall be extended
for the duration of any litigation including appeals, which will prevent
the commencement or the completion of the development and for the
duration of any sewer or utility moratorium or prohibition which was
imposed subsequent to a 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 final order
in such matter has been entered and all appeals have been concluded
and any period for filing appeals or requests for reconsideration
have expired; provided, however, 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.
6.
A time extension beyond the five-year limit may be granted by the
governing body. Such extension shall be in writing and agreeable to
both the applicant and governing body.
7.
When the landowner has subsequently completed the required improvements
as depicted on the final plat within the time limits, no change in
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.
8.
In the case of a preliminary plat calling for the installation of
improvements beyond the established time 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 last section has been granted. Any modification of the aforesaid
schedule shall be subject to approval of the Borough Council in its
discretion.
9.
Each section in a 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 Borough Council in its discretion.
10.
Provided the landowner has not defaulted or violated any of the conditions
of the preliminary plat approval, including compliance with the time
schedule where applicable, all of the aforesaid protections afforded
by substantially completing the improvements shall apply for an additional
three years where applicable, all of the aforesaid protections afforded
by substantially completing the improvements shall apply for an additional
three years completing the improvements shall apply for an additional
three years from the date of final plat approval for each section.
11.
Failure of the landowner to adhere to an established 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 ordinances enacted by the Borough subsequent to the date
of the initial preliminary plan of final plats for the various sections
shall subject any such section to any and all changes in zoning, subdivision
and other governing ordinances enacted by the Borough subsequent to
the date of the initial preliminary plan and all changes in zoning,
subdivision and other governing ordinances enacted by the Borough
subsequent to the date of the initial preliminary plan by the Borough
subsequent to the date of the initial preliminary plan submission.
