All subdivision and land development plats shall be reviewed by the Borough Planning Commission and shall be approved or disapproved by the Borough Council in accordance with the procedure specified in this chapter and the Municipalities Planning Code. Any plans not processed as required hereafter shall be null and void, unless made prior to the adoption of these regulations. Whenever there is a difference between the minimum standards specified herein and those included in other Borough regulations or ordinances, the most stringent requirements shall apply.
A. 
Sketch plat.
(1) 
An informational sketch plat for all proposed development of land located within the Borough may be submitted to the Borough Planning Commission for review.
(2) 
Such sketch plats shall be considered as submitted for informational and informal discussion between the developer and the Planning Commission. Submission of a sketch plat shall not constitute official submission of a development plan to the Borough.
(3) 
For informational purposes, six copies of the sketch plat shall be submitted to the Planning Commission.
(4) 
At a regularly scheduled meeting, the Borough Planning Commission shall review the informal sketch plat and shall recommend such changes and modifications as it shall deem necessary or advisable in the public interest, which shall be based on the requirements contained herein.
B. 
Preliminary plat.
(1) 
Fifteen business days prior to the meeting of the Borough Planning Commission, the applicant shall file 10 copies of a preliminary plat of the proposed subdivision or land development and other required data and maps with the Zoning Officer. The applicant shall submit five copies of the "Sewage Plan Revision Module for Development" concurrently with the preliminary plat, if applicable.
[Amended 10-19-2015 by Ord. No. 10192015-01]
(2) 
The Commission shall submit copies to the County Planning Commission and the Borough Engineer and may submit copies to the public utilities, the school board, the Centre County Conservation District, the Pennsylvania Department of Environmental Protection, and any other public agency. The Borough Council, upon the recommendation of the Planning Commission, shall act on any such preliminary plat not later than 90 days following the date of the regular meeting of the Borough Council or the Planning Commission (whichever first reviews the application) 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 was filed. In the event that any alteration of requirements from this chapter is requested by the applicant or is deemed necessary by the Planning Commission for approval, the alteration and the reason for its necessity shall be entered in the records of the Planning Commission.
(3) 
The Centre County Planning Commission shall review the preliminary plat and data and shall return one copy of a written report stating its suggestions for modifications and design changes to the Borough within 30 days of its receipt of same or forfeit its right to review.
(4) 
The Borough Council shall determine whether the preliminary plat shall be approved or disapproved and shall notify the applicant in writing thereof, including, if approved with conditions or disapproved, a statement of reasons for such action, not later than 15 days following the decision.
(5) 
Before acting on any land development plat, the Borough Council may hold a public hearing thereon after public notice.
(6) 
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 this or other Borough ordinances.
(7) 
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 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.
(8) 
Approval of the preliminary plat constitutes approval of the proposed subdivision or land development with respect to the general design, the approximate dimensions, and other planned features. Preliminary approval binds the developer to the general scheme of the plat as approved. Preliminary approval does not authorize the recording, sale or transfer of lots or the installation of improvements.
(9) 
Preliminary approval shall expire within five years after being granted. An extension of time may be requested by the applicant and approved by the Borough Council in accordance with Section 508(4) of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
C. 
Final plat.
(1) 
Not later than five years after the date of approval of the preliminary plat, the applicant shall file with the Borough Zoning Officer a final plat for that portion intended to be developed. As part of the formal submission, such filing shall include all the material and other data required under the final plat specifications as listed herein. Failure to comply with the time limitation herein shall make the approval for the preliminary plat null and void unless an extension of time is granted in accordance with the provisions herein.
(2) 
The final plat shall incorporate all the changes and modifications required by the Borough Council; otherwise it shall conform to the approved preliminary plat, and it may constitute only that portion of the approved preliminary plat which the applicant proposes to record and develop at the time, provided that such portion conforms with all of the requirements of this chapter.
(3) 
One reproducible copy of the final plat and 10 prints shall be filed by the applicant with the Borough Zoning Officer seven days prior to the meeting of the Planning Commission at which meeting consideration is desired.
(4) 
Completion of improvements, or guarantee thereof, prerequisite to final plat approval. No plat shall be approved unless in accordance with the terms of this chapter and Section 509 of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10509.
(5) 
Release from improvement bond. The release of the developer from a required improvement bond shall be instituted in accordance with the requirements of Section 510 of the Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10510.
(6) 
Before acting on any land development plat, the Borough Council may hold a public hearing thereon after public notice.
(7) 
The Commission shall submit copies to the County Planning Commission and the Borough Engineer and may submit copies to the public utilities, the school board, the Centre County Conservation District, the Pennsylvania Department of Environmental Protection, and any other public agency. The Borough Council, upon the recommendation of the Planning Commission, shall act on any such preliminary plat not later than 90 days following the date of the regular meeting of the Borough Council or the Planning Commission (whichever first reviews the application) 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 was filed. In the event that any alteration of requirements from this chapter is requested by the applicant or is deemed necessary by the Planning Commission for approval, the alteration and the reason for its necessity shall be entered in the records of the Planning Commission.
(8) 
The Centre County Planning Commission shall review the final plat and data and shall return one copy of the plat and any written comments to the Borough within 30 days of its receipt of same or forfeit its right to review. Borough Council shall not approve such applications until the county report is received or until the expiration of 30 days from the date the application was forwarded to the county.
(9) 
The Borough Council shall determine whether the final plat shall be approved or disapproved and shall notify the applicant in writing thereof, including, if approved with conditions or disapproved, a statement of reasons for such action, not later than 15 days following the decision. All applications for the approval of a plat shall be acted upon by the Borough Council and Planning Commission in accordance with the requirements of Section 508 of the Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10508.
(10) 
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 this or other Borough ordinances.
(11) 
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 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.
(12) 
No changes, erasures, modifications or revisions shall be made on any final plat of a subdivision or land development after approval has been given by the Borough Council and endorsed in writing on the plat, unless the plat is first resubmitted to the Borough Council.
(13) 
Upon approval of the final plat, the developer shall, within 90 days of such final approval, record such plat in the office of the Recorder of Deeds of Centre County in accordance with the terms of Section 513 of the Municipalities Planning Code.[5]
[5]
Editor's Note: See 53 P.S. § 10513.
(14) 
Final approval shall expire within five years after being granted. An extension of time may be requested by the applicant and approved by the Borough Council in accordance with Section 508(4) of the Municipalities Planning Code.[6]
[6]
Editor's Note: See 53 P.S. § 10508(4).
At the time of filing, all plats shall be accompanied by a check payable to Bellefonte Borough in the amount specified herein to defray the cost of reviewing the proposed plats and required data.
A. 
Submission fee.
(1) 
A submission fee schedule shall be established by resolution of the Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
No plat shall be considered as officially submitted until the required submission fee is paid in full.
(3) 
The submission fee schedule shall be posted in the office of the Borough Zoning Officer and in such other places as the Borough may designate.
B. 
Engineering fee.
(1) 
Prior to the final approval of any final plan, the applicant shall pay by check payable to Bellefonte Borough an amount determined or approved by the Borough Engineer as sufficient to cover the costs of reviewing the engineering details of the plat; inspecting the site layout for conformance with the plat; preparing cost estimates of required improvements; inspecting required improvements during installation; final inspection on completion of installation of required improvements; and other engineering verifications required by this or other Borough ordinances.
(2) 
Such fee shall be reasonable and in accordance with the ordinary and customary charges by the Borough Engineer for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer to the Borough when fees are not reimbursed or otherwise imposed on applicants.
(3) 
In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Borough Secretary, in writing, that such fees are disputed. In which case, the Borough shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
(4) 
In the event that the Borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, such dispute shall be resolved in accordance with the procedures established in Section 510(g) of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10510(g).
C. 
Other fees.
(1) 
Fees for all other permits required for and by the Borough for opening of roads, connecting to municipal sewers, building construction, etc., shall also be paid to the Borough, as specified.
(2) 
The applicant at the time of application shall agree to cover the cost of advertising the ordinance accepting the deed of dedication of applicable required improvements and its recording costs.
(3) 
At the time of filing, all plats shall be accompanied by a check payable to the Centre County Planning Commission in the amount specified by the County for the review and report by the County Planning Commission.
The following development activities may submit for preliminary and final plat approval in one application:
A. 
In the case of any new development that does not involve the provision of new streets or easements for access (i.e., one in which all proposed lots will have frontage on an existing public street or road);
B. 
When five or fewer lots are proposed to be subdivided from a tract of land or where land is being transferred to be combined with an existing lot; and
C. 
When the new development involves the conversion of an existing building into three or more units.
The provisions of these regulations are intended as minimum standards for the protection of the public health, safety and welfare. Recognizing that standards change and new standards may arise, the Planning Commission reserves the right to modify standards or extend reasonable conditions in individual cases as may be necessary for the public interest. Such modifications and conditions shall be recorded and transmitted to the Borough Council for approval. Upon approval by Council, said modifications and conditions shall be defined and entered on the final plat for recording.
Waivers to the literal terms of this chapter may be granted in accordance with the provisions of Section 512.1 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10512.1.
The Borough Council, acting through its designated official, shall have the exclusive right to enforce this chapter, pursuant to Section 515.3 of the Municipalities Planning Code.[1] In addition, the following requirements shall apply:
A. 
Remedies to effect completion of improvements. Remedies to effect completion of improvements which may be required but have not been installed as provided in this chapter or in accordance with the approved final plat are specified in Section 511 of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10511.
B. 
Preventative remedies. Preventative remedies to restrain, correct or abate violations, to prevent unlawful construction, to recover damages, and to prevent illegal occupancy of a building, structure or premises are specified in Section 515.1 of the Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10515.1.
[1]
Editor's Note: See 53 P.S. § 10515.3.
Any appeal from a decision or action of the Borough Council or of any officer or agency of the Borough in matters pertaining to this chapter shall be made in accordance with the provisions of the Municipalities Planning Code.