Final authority for approval or denial of approval
for all preliminary and final subdivision and land development plans
shall be vested in the Council. However, prior to action by the Council,
all such plans shall be referred to the Planning Commission for review
and recommendation; provided, however, that the failure to make such
referral and/or failure of the Planning Commission to review and/or
make a recommendation with respect to any such plan shall not affect
the validity of any action taken by the Council with respect to any
such plan.
[Amended 5-1-2002 by Ord. No. 2002-4]
A. All applicants for subdivision or land development
may submit a sketch plan to the Planning Commission for review prior
to submission of a formal application, except under the procedures
for minor plans; however, submission of a sketch plan is not mandatory.
Submission of a sketch plan does not constitute a formal subdivision
or land development application. Submission of a sketch plan of record
constitutes a formal subdivision or land development application.
B. Sufficient copies of the sketch plan or sketch plan
of record may be submitted to the Code Enforcement Officer for distribution
to the Planning Commission and Engineer prior to the Planning Commission
meeting at which the sketch plan or sketch plan of record is to be
discussed. The requisite number of copies shall be as determined by
the Council. For the sketch plan of record, the Code Enforcement Officer
shall note the date of receipt of the application, fees and escrow
deposit. The application shall not be deemed to be submitted until
a complete application and the required fees and the required escrow
deposit have all been submitted. If the Code Enforcement Officer determines
that the application is defective on its face, he shall notify the
applicant, who may request the return of all submissions for the purpose
of correction and resubmission. A request for the return of all submissions
shall be in writing and shall be deemed to be a withdrawal of the
application.
C. The applicant is strongly urged to consult Article
IV, Natural Features Protection Standards, of Chapter
287, Zoning, and Chapter
246, Stormwater Management, prior to submission of the sketch plan in order to ensure that the proposed subdivision or land development will be compatible with the conservation and stormwater management plans to be submitted.
[Amended 5-1-2002 by Ord. No. 2002-4]
A. Sketch plan.
(1) The Planning Commission shall, at a meeting with the
applicant, consider the suitability of the sketch plan for the development
of the land and its relationship to the harmonious extension of streets
and utilities, arrangement and density of houses and compatibility
of the plan with the Comprehensive Plan for the Borough. Based on
this meeting, the Planning Commission shall submit its written comments
to the applicant; provided, however, that the failure of the Planning
Commission to submit comments in writing shall not be deemed to be
an approval of any application or to vest any rights in the applicant.
(2) The applicant may, but need not, request further review
of the sketch plan by the Council. If further review is requested,
the Council may consider the sketch plan, may consider the written
or other comments of the Planning Commission, may meet with the applicant
and may advise the applicant as to the Council's comments with respect
to the sketch plan; provided, however, that the Council is not required
to review the sketch plan, nor to submit comments to the applicant
if the Council does review the sketch plan.
(3) Nothing herein contained, nor the failure of the Planning
Commission or the Council, or both, to proceed or act in accordance
with this section, shall be deemed to be a decision with respect to
any subdivision or land development plan or to vest any rights in
the applicant.
B. Sketch plan of record.
(1) The Planning Commission shall review the sketch plan
of record submitted and shall consider any recommendations of the
Borough Engineer and any other review agency submitting comments,
including the County Planning Commission pursuant to Section 502 of
the Municipalities Planning Code.
(2) After such review, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
ordinances relied upon to:
(c)
The governing body of any adjacent municipality
if the proposed project includes land in that municipality or directly
on its boundaries.
(3) Borough Council shall review a sketch plan of record as a final plan in accordance with §
256-18B and
C.
The applicant shall execute an agreement, to
be approved by the Borough, before the final plan is released by the
Council and filed on record. Said agreement shall specify the following,
where applicable:
A. The applicant agrees that he will lay out and construct
all streets and other improvements, including grading, paving, curbs,
gutters, sidewalks, streetlights, fire hydrants, water mains, street
signs, shade trees, storm and sanitary sewers, landscaping, traffic
control devices, open space areas and erosion and sediment control
measures in accordance with the final plan, as approved, where any
or all of these improvements are required as conditions of approval.
B. The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Borough, as specified in §
256-20B of this chapter. The applicant guarantees the maintenance of all improvements for a period of one year.
C. The applicant agrees to tender a deed or deeds of
dedication to the Borough for such streets and for such easements
for sanitary and storm sewers, sidewalks, manholes, inlets, pumping
stations and other appurtenances as shall be constructed as public
improvements, provided that the Borough shall not accept dedication
of such improvements until their completion is certified as satisfactory
to the Engineer.
D. Whenever an applicant proposes to establish or continue
a street which is not offered for dedication to public use, the Council
shall require the applicant to submit and also to record with the
plan a copy of an agreement made with the Council on behalf of himself
and his heirs and assigns and signed by him and which shall establish
the conditions under which the street may later be offered for dedication
and shall stipulate, among other things:
(1) That an offer to dedicate the street shall be made
only for the street as a whole.
(2) That the Borough shall not be responsible for repairing
or maintaining any undedicated street.
(3) That the method of assessing repair and maintenance
costs of undedicated streets be stipulated and be set forth in recorded
deed restrictions so as to be binding on all successors or assigns.
(4) That, if dedication is sought, the street shall conform
to Borough specifications or that the owners of the abutting lots
shall, at their own expense, restore the street to conformance with
Borough specifications.
Within 90 days of approval by Borough Council,
the final plan shall be recorded by the applicant in the office of
the Recorder of Deeds of Chester County.
The continuing validity of any approval of plans
in accordance with this article shall be subject to those limitations
established by Section 508(4) of Act 247.
Major modifications of the approved plan, as
determined by the Borough, shall be resubmitted and reprocessed in
the same manner as the original plan. All site disturbance activities
shall cease, pending approval of modified plans.