This article establishes the process for review and approval of all subdivision and land development applications by the New Wilmington Borough Council and the New Wilmington Borough Planning Commission, where applicable. It includes applications for both preliminary and final approval, including lot line revisions and subdivision applications that do not propose any improvements.
A. 
The subdivider shall prepare and submit to the Borough Planning Commission Secretary, at least two weeks prior to the regular monthly meeting of the Borough Planning Commission, the required number of copies of the preliminary plat of the total land to be ultimately developed for review according to the requirements and standards contained herein. Upon receipt of the plat, the Borough shall forward a copy to the Lawrence County Planning Commission for review and recommendation, comments to be submitted back to the Borough of New Wilmington within 30 days of submittal.
B. 
Application fee. At the time of filing an application for preliminary plat approval the subdivider shall pay to the Borough Council, for use by the Borough, a fee set by resolution to defray the cost of processing of such plat approval applications and for payment to professional consultants hired by the Borough of New Wilmington to conduct reviews of said applications as necessary.
C. 
The Planning Commission shall review the preliminary plats and prepare a written report for the Borough Council. The report shall contain recommendations for approval, conditional approval or disapproval with specific reasons for the recommended action. No report or recommendation shall be prepared prior to receipt of the County Planning Commission's recommendation or expiration of the thirty-day time period granted for county reviews.
D. 
Prior to preparation of the written report, the Planning Commission may schedule a public meeting, advertised in accordance with the provisions of the Sunshine Act,[1] for the proposed development.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
E. 
The Borough Council shall take final action on the application within 90 days of its submission. The developer may request a time extension in accordance with the MPC.[2] The Borough Council shall render its decision during a public meeting. Within 15 days after the public meeting, the Borough shall notify the developer, in writing, of the action taken at the public meeting, and specify what revisions or additions, if any, will be required prior to the approval of the final plan.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
Approval of the preliminary plan application, subject to conditions, revisions or modifications as stipulated by the Borough, shall constitute conditional approval of the subdivision or land development as to the character, intensity of development and the general layout of the proposed plan.
G. 
If conditional approval is granted, the applicant must accept the same, in writing, within 20 days. If the applicant fails to accept the Borough's conditions within the time period, the conditional approval shall be automatically rescinded and the application shall be considered not approved.
H. 
When conditional approval has been granted, in no event shall the time for meeting all required conditions extend beyond 90 days from the date of the Borough's approval. If the applicant has not met the conditions as agreed upon within the specified time period, then conditional approval shall be rescinded and the application shall be considered not approved.
I. 
Approval of a preliminary plat shall not constitute approval of a final plat. Preliminary plat approval shall be an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat. Granting of preliminary approval shall not qualify a plat for recording, not authorize development or the issuing of any building permit.
J. 
Where due to the nature of an application for subdivision approval, the Borough, at its sole discretion, may consolidate the review processes for both preliminary plat approval, § 221-15, and final plat approval, § 221-16. Generally, this process will be followed when the proposed development involves four lots, or less, requires no new streets, no water or sewer extensions, and requires no other public improvements.
A. 
Upon receipt of notice of approval of the preliminary plan, such plan will be protected from any amendments to this chapter or applicable municipal ordinances regulating land use [see Section 508(4)(ii) of the MPC[1]]. However, if the developer does not submit a final plan within one year of preliminary approval, the plan shall be considered as a new preliminary plan, unless an extension of time is requested by the developer in writing and is granted in writing by the Commission.
[1]
Editor's Note: See 53 P.S. § 10508(4)(ii).
B. 
A complete application for final plan approval shall include those items listed under Article VIII, Plan Requirements, § 221-27, of this chapter, and the submission shall be prepared in accordance with that article.
C. 
Upon receipt of a completed application, and all required information, requesting final approval for a subdivision or land development, the Planning Commission shall review and complete a report to be submitted to the Borough Council. The report shall contain recommendations for approval, conditional approval or disapproval with specific reasons for the recommendation.
D. 
Prior to finalization of the written report, the Planning Commission may schedule a public meeting, advertised in accordance with the provisions of the Sunshine Act.[2]
[2]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
E. 
The Borough Council shall take final action on the application within 90 days of its submission. The developer may request a time extension, in writing, as allowed by the MPC.[3] The Borough Council shall render its decision during a public meeting. Within 15 days after the public meeting, the Borough shall notify the developer, in writing, of the action taken at the public meeting, and specify what revisions or additions, if any, will be required prior to the approval of the final plan.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
No final plan shall receive approval by the Borough Council unless the developer shall have filed with the Borough an improvement performance bond in favor of the Borough or other assurance acceptable to the Borough, or shall have completed all required improvements listed in Article X or as the Borough may require in the public interest.
G. 
Upon completion of the improvements in accordance with the specifications of this chapter or those of the Borough, the developer shall take steps to dedicate the improvements and have the same accepted by the Borough.
H. 
If conditional approval is granted, the applicant must accept the same, in writing, within 20 days. If the applicant fails to accept the Borough Council's conditions within the time period, the conditional approval shall be automatically rescinded and the application shall be considered not approved.
I. 
When conditional approval has been granted, in no event shall the time for meeting all required conditions extend beyond 90 days from the date of the Borough's approval. If the applicant has not met the conditions as agreed upon within the specified time period, then conditional approval shall be rescinded and the application shall be considered not approved.
J. 
It is not necessary for the whole plan that received preliminary approval to be submitted as a final plan. The final plan may be submitted in sections, each covering a portion of the entire proposed subdivision shown on the preliminary plan. In the case where development is projected over a period of years, the Borough may authorize submission of final plats by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development. The proposed phasing of the final plan shall be consistent with the requirements of the MPC.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
K. 
The developer must provide sewerage and water system plans for the entire development site of the preliminary plan regardless of the number of sections or stages to be initially developed.
L. 
A complete copy of the developer's final plan application shall be sent to the Borough.
A. 
After completion of all procedures and upon approval of the final plan, the plan shall then be recorded with the Lawrence County Recorder of Deeds. In no case shall the final plan be recorded after 90 days from the date of the final plan approval. For plans that have not been recorded within 90 days, the President and Secretary of the Borough Council and the Chairman and Secretary of the Borough Planning Commission may reinstate their names, provided that no major changes have been made. Reinstatement of signatures thereafter may be granted by the Borough, provided that no changes have been made to the final plan.
B. 
The final plan shall be recorded with the Lawrence County Recorder of Deeds before proceeding with the sale of lots, issuances of building permits or the construction of buildings.
C. 
A copy of the recorded plan shall be delivered to the Lawrence County Planning Department and the Borough for their records. The Borough shall issue no permits until proof of recordation is received.
D. 
Recording the final plan after approval shall have the effect of an irrevocable offer to dedicate all streets and other public ways to public use, and to dedicate or reserve all park reservations, and school sites and other public service areas as hereafter provided. Approval shall not impose any duty upon the Borough concerning maintenance or improvement of any such dedicated streets, parks, areas or portions of same until the proper authorities of the Borough shall have made actual appropriation of the same by ordinance or resolution, or by entry, use or improvement.
E. 
The developer may place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated public areas, or streets or alleys, in which event the title to such areas shall remain with the owner, and the Borough shall assume no responsibility for improvement or maintenance thereof, which fact shall also be noted on the final plan.