Submission of application. Whenever any subdivision
or development of land is proposed, before any contract is made for
the sale of any part thereof, and before any permit for the erection
of a structure or use of land in such proposed subdivision or land
development shall be granted, the subdividing or developing owner,
or his authorized agent, shall submit a complete application and shall
secure approval of such subdivision or land development in accordance
with the following procedures.
Official submission dates. For the purpose of these
regulations, for both land development and subdivisions, the official
submittal date of the preliminary or final plan at which the ninety-day
statutory period required for formal approval or disapproval of the
preliminary or final plan shall commence to run shall be the date
of the regular meeting of the 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 official submittal date shall be measured from the
30th day following the day the application has been filed.
Discussion of requirements. Before preparing the sketch
plan for a subdivision or land development, the applicant should discuss
with the Administrator to the Planning Commission, or with the Planning
Commission itself, the procedure for adoption of a subdivision or
land development plan and the requirements as to the general layout
of streets and for the reservation of land, street improvements, drainage,
sewerage, fire protection, and similar matters, as well as the availability
of existing services. The Administrator shall also advise the applicant,
where appropriate, to discuss the proposed subdivision or land development
with those officials (such as the Soil Conservationist, Borough Engineer,
and Sewage Enforcement Officer) who must eventually approve these
aspects of the subdivision or land development plan coming within
their jurisdiction.
Application procedure and requirements. Prior to subdividing
or developing land, a landowner, or his representative, is advised,
but not required, to file an application for approval of a sketch
plan. The submission of a sketch plan application shall not constitute
the filing of an application for preliminary or final plan review
and approval. The sketch plan application should:
Include land which the applicant proposes to subdivide
and all land immediately adjacent extending 100 feet therefrom, or
of that directly opposite thereto, extending 100 feet from the street
frontage of such opposite land, with the names of the owners as shown
in the County Assessor's files. This information may be shown on a
separate current Assessment Map reproduction from the Assessor's Office
showing the subdivision superimposed thereon.
Be accompanied by a minimum of five copies of the sketch plan as described in Article V of these regulations and complying in all respects with these regulations.
Be presented, along with the application form in duplicate,
to the Administrator to the Planning Commission for the Commission's
next regularly scheduled meeting, at which time the application is
accepted.
Report of Administrator. The Administrator shall process the sketch plan and make a determination as to whether it is complete according to the requirements of Article IV. The Administrator shall prepare a report to this effect.
Planning Commission review of sketch plan and report.
The Planning Commission shall review the sketch plan and report of
the Administrator, taking into consideration the requirements of this
chapter and all other applicable ordinances, as well as the Comprehensive
Plan, and the best use of the land being subdivided or developed.
Particular attention should be given to the arrangement, location,
and width of streets, their relation to the topography, sewage disposal,
drainage, water supply, lot sizes and arrangement, and further development
of the total tract of which only a portion is being proposed for subdivision
and development.
Field trip. After the regular Planning Commission
meeting at which the subdivision or land development is first discussed,
the Planning Commission may schedule a field trip to the site of the
proposed subdivision or development, accompanied by the applicant
or his representative.
After reviewing and discussing the sketch plan and
report from the Administrator, the Planning Commission will advise
the applicant of the specific changes or additions, if any, it will
require in the layout and the character and extent of required improvements
and reservations which it will request as a prerequisite to the approval
of the subdivision or land development plan. The Planning Commission
may require additional changes as a result of further study of the
plan in final form.
Approval on the sketch plan, although not required
for further plan processing, shall constitute authorization to prepare
and submit a preliminary plan. Such approval by the Planning Commission
shall be made at a public meeting.
Within 15 days after the meeting at which the sketch
plan was reviewed by the Planning Commission, the Administrator shall
send written notice of the Commission's recommendations, including
changes and modifications requested by the Commission, to the subdivider
or developer.
Application procedure and requirements. The applicant
for a subdivision or land development shall file a complete application
for approval of a preliminary plan. The application shall:
Include all contiguous holdings of the owner, including
land in the same ownership, as defined herein, with an indication
of the portion which is proposed to be subdivided or developed, accompanied
by an affidavit of ownership, which shall include the dates the respective
holdings were acquired, together with the book and page of each conveyance
to the present owner as recorded in the County Recorder of Deeds Office.
The affidavit shall advise as to the legal owner of the property,
the date the contract of sale was executed, and, if any corporations
are involved, a complete list of all directors, officers, and stockholders
of each corporation owning more than 5% of any class of stock.
Be accompanied by a minimum of 12 copies of the preliminary plan as described in Article V of these regulations and complying in all respects with these regulations.
Be accompanied by an inspection fee in an amount to
be determined on the basis of the provisions of these regulations
and by written assurance from the public utility companies that necessary
utilities will be installed and proof that the applicant has submitted
petitions, in writing, for the provision or extension of utilities
as required by the Planning Commission. These fees and assurances
are required with the preliminary plan application only if the developer
intends to install improvements after preliminary plan approval but
before final plan approval.
Any add-on parcel which contains no land development
may begin the subdivision process as a final subdivision application.
All submitted plans and maps for an add-on parcel must have a notation
that the parcel is not for development.
The Administrator shall process the preliminary plan and make a determination as to whether it is complete according to the requirements of Article V. If the preliminary plan is complete, the Administrator shall refer copies of it to other officials and agencies for their review and comments. Such officials and agencies shall include, but need not be limited to:
The Pennsylvania Department of Transportation.
(This referral is necessary for a highway occupancy permit only if
the development is to front on an existing or proposed state highway
or is to have a street entering such highway.)
The Administrator shall request that all officials
and agencies to whom the request for review has been made submit their
reports to the Administrator within 30 days from the date any request
was forwarded to them.
In any event, the Borough Planning Commission may
make a recommendation on the preliminary plan before requested reports
from the above officials and agencies are received, but the Borough
Council shall not approve such plan until the county report is received
or until the expiration of at least 30 days from the date the plan
was forwarded to the county.
The Administrator shall consider all reports submitted
by the officials and agencies concerning the preliminary plan and
shall prepare and submit a report thereon to the Planning Commission.
The Administrator shall then place the preliminary plan and reports
on the agenda of the Planning Commission for its next regularly scheduled
meeting or for a specially scheduled public meeting or public hearing
for review and action.
Planning Commission review and action. The Planning
Commission shall review the preliminary plan and official comments
and reports received thereon and shall prepare its recommendation
to the Borough Council in writing. The following shall constitute
the types of action the Planning Commission may take:
The Planning Commission may recommend disapproval
of the preliminary plan, in which case it 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
chapter relied upon.
The Planning Commission may recommend conditional
approval of the preliminary plan, in which case it shall specify all
additional information or changes needed, describing the requirements
that have not been met, citing, in each case, the provisions of this
chapter which were relied upon. This additional information shall
be required prior to further preliminary plan consideration or the
submission of the final plan. Conditional approval may only be granted
where the conditions are acceptable to the applicant and the applicant
has stated his acceptance of the conditions in writing, signed by
the applicant.
The Planning Commission may recommend approval of
the preliminary plan. Such recommendation of approval shall constitute
recommended approval of the subdivision or land development as to
the character and intensity of development and the arrangement and
dimensions of streets, lots, and other planned features. Later approval
by the Borough Council binds the subdivider to the scheme of the subdivision
or land development shown and permits the subdivider to proceed with
construction of improvements before final plan submission and approval,
to arrange for a financial guarantee to cover installation of improvements,
and to prepare the final plan. The Borough Council's approval of the
preliminary plan does not authorize the sale of lots or lease of space
or the recording of the preliminary plan.
Signing of plan by the Planning Commission. In recommending
plan approval, the Chairman and Secretary of the Planning Commission
shall sign and date the Mylar original and three copies of the plan
and forward the original and all copies to the Borough Council for
its action.
Following receipt of written recommendations from
the Planning Commission, the Borough Council shall consider the preliminary
plan at its next regularly schedule meeting or a specially scheduled
public meeting. If the plan is to be considered at a special meeting,
the subdivider or developer shall be so notified. The Borough Council
may also schedule a public hearing before taking any action on the
plan.
The Council shall review the preliminary plan, recommendation
of the Borough Planning Commission, and official comments and reports
received thereon, including the county report (unless 30 days from
the date the plan was forwarded to the county have expired), and shall
render its decision in writing and shall communicate it to the applicant
personally or mail it to him at his last known address not later than
15 days following the decision.
This review and decision process shall take place
not later than 90 days following the date the complete application
is filed with the Planning Commission, provided that, should the 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.
The Borough Council may disapprove the preliminary
plan, in which case it 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 chapter relied upon.
The Borough Council may conditionally approve
the preliminary plan, in which case it shall specify all additional
information or changes needed, describing the requirements that have
not been met, citing, in each case, the provisions of this chapter
which were relied upon. This additional information shall be required
prior to further preliminary plan consideration or the submission
of the final plan. Conditional approval may only be granted where
the conditions are acceptable to the applicant and the applicant has
stated his acceptance of the conditions in writing, signed by the
applicant.
The Borough Council may approve the preliminary
plan. Such approval binds the subdivider to the subdivision or land
development shown and permits the subdivider to proceed with the final
plan, to construct proposed improvements or to arrange for a financial
guarantee if proposed improvements are to be constructed after final
plan approval. Approval of the preliminary plan does not authorize
the sale of the lots or lease of space or the recording of the preliminary
plan.
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 preliminary plan
application in terms as presented unless the applicant has agreed,
in writing, to an extension of the 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.
In approving the preliminary plan, the President and
Secretary of the Borough Council shall sign and date the Mylar original
and three copies of the plan and shall include a notation as to any
modifications required for final plan consideration.
The Borough Council shall return the Mylar original
and one signed copy to the applicant for compliance with submission
of the final plan. A copy of the signed preliminary plan shall be
forwarded to the Borough Planning Commission, and one copy shall be
retained for the Council's files.
Installation of improvements. Following approval of a preliminary plan, the developer may install all required improvements in a subdivision or development or phase thereof before submitting the final plan. All requirements for inspection of improvements pursuant to the provisions of Article IV shall be met before final plan approval. In lieu of installation of improvements prior to final plan approval, the developer may post a financial security for the installation at a later date of such improvements. The provision of a financial security for deposit with the Borough shall be acceptable to the Borough Council pursuant to the provisions of Article IV.
Application procedure and requirements. Following
the review and approval of the preliminary plan, the applicant, if
he wishes to proceed with the subdivision or development, shall file
with the Planning Commission an application for approval of a final
plan. The application shall:
Be accompanied by a minimum of 12 copies of the final plan as described in Article V of these regulations and complying in all respects with these regulations.
Be accompanied by the performance bond or other financial
security, if required, in a form satisfactory to the Borough Solicitor
and in an amount established by the Planning Commission, upon recommendation
of the Borough Engineer and with the approval of the Borough Council.
Such bond shall include a provision that the principal of the bond
shall comply with all the terms of the resolution of final plan approval
as determined by the Borough Council and shall include, but not be
limited to, the performance of all required subdivision or land development
and off-site improvements, and that all improvements and land included
in any irrevocable offer of dedication shall be dedicated to the Borough
government free and clear of all liens and encumbrances on the premises.
Be accompanied by an inspection fee in an amount
to be determined on the basis of the provisions of these regulations
and by written assurance from the public utility companies that necessary
utilities will be installed and proof that the applicant has submitted
petitions in writing for the provision or extension of utilities as
required by the Council upon preliminary plan approval.
Phasing major subdivision plans. Prior to granting final approval of a subdivision or land development plan, the Council may permit the plan to be divided into two or more sections or phases and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plan in compliance with the requirements of § 250-22H.
Installation of improvements or financial security in lieu thereof. Before any final plan is approved, the developer either shall have installed all required improvements or shall provide for deposit with the Borough a financial security acceptable to the Borough Council pursuant to the provisions of Article IV.
The Administrator shall process the final plan and make a determination as to whether it is complete according to the requirements of Article V. If the final plan is incomplete, it shall be rejected. If the final plan is complete, the Administrator shall refer copies of it to other officials and agencies for their review and comments if this has not been done previously. Such officials and agencies shall include, but need not be limited to:
The Pennsylvania Department of Transportation.
(This referral is necessary for a highway occupancy permit only if
the development is to front on an existing or proposed state highway
or is to have a street entering such highway.)
The Administrator shall request that all officials
and agencies to whom the request for review has been made submit their
reports to the Administrator within 30 days from the date any request
was forwarded to them.
In any event, the Borough Planning Commission may
make a recommendation on the final plan before requested reports from
the above officials and agencies are received, but the Borough Council
shall not approve such plan until the county report is received or
until the expiration of at least 30 days from the date any request
was forwarded to the county.
The Administrator shall consider all reports submitted
by the officials and agencies concerning the final plan and shall
prepare and submit a report thereon to the Planning Commission. The
Administrator shall then place the final plan and reports on the agenda
of the Planning Commission for its next regularly scheduled meeting
or for a specially scheduled public meeting or public hearing for
review and action.
The Planning Commission shall review the final plan
and official comments and reports received thereon and shall render
its recommendation to Council in writing.
The Planning Commission may recommend disapproval
of the final plan, in which case it 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 chapter relied
upon.
Signing of plan by Planning Commission. In recommending
plan approval, the Chairman and Secretary of the Planning Commission
shall sign and date the Mylar original, which shall be clearly marked
"final plan," and three copies of the plan and forward the original
and all copies to the Borough Council for its action.
Following receipt of the written recommendations from
the Planning Commission, the Borough Council shall consider the final
plan at its next regularly scheduled meeting or a specially scheduled
public meeting. If the plan is to be considered at a special meeting,
the subdivider or developer shall be so notified. The Borough Council
may also schedule a public hearing before taking any action on the
plan.
The Council shall review the final plan, recommendation
of the Borough Planning Commission, and official comments and reports
received thereon, including the county report (unless 30 days from
the date the plan was forwarded to the county have expired), and shall
render its decision, in writing, and shall communicate it to the applicant
personally or mail it to him at his last known address not later than
15 days following the decision.
This review and decision process shall take place
not later than 90 days following the date the complete application
is filed with the Planning Commission, provided that, should the 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.
The Borough Council may disapprove the final
plan, in which case it 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 chapter relied upon.
Failure of 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.
Installation of improvements or financial security in lieu thereof. Before any final plan is approved, the subdivider or developer either shall install all required improvements or shall provide for deposit with the Borough a financial security acceptable to the Council pursuant to the provisions of Article IV.
When installation of improvements is required, the
President and Secretary of the Borough Council shall sign and stamp
the Mylar original and four copies of the final plan and attach thereto
a notation that it has received approval and the date of such approval
after all conditions of the resolution have been satisfied and all
improvements satisfactorily completed. There shall be written evidence
that the required public facilities have been installed in a manner
satisfactory to the Borough, as shown by a certificate signed by the
Borough Engineer and Borough Solicitor, that the necessary dedication
of public lands and improvements has been made and accepted.
When
a financial security is required, the President and Secretary of the
Borough Council shall sign and stamp the Mylar original and four copies
of the final plan and attach thereto a notation that it has received
approval and the date of such approval after the bond or other financial
security has been approved by the Borough Council and all the conditions
of the resolution pertaining to the plan have been satisfied.
The Borough Council shall return the Mylar original
to the applicant for compliance with the recording requirements. Copies
of the final plan as endorsed shall be distributed to the Northumberland
County Planning Commission and to the Borough Planning Commission.
One copy shall be retained for the files of Borough Council and one
returned to the applicant. All other officials and agencies which
previously received copies of the final plan shall be notified, in
writing, of the Council's decision.
Upon approval of the final plan, the developer or
subdivider shall, within 90 days of such final approval, record such
plan in the office of the Recorder of Deeds of Northumberland County
and submit a copy of the certificate of recording to the Council.
Whenever such plan approval is required by the Borough, the Recorder
of Deeds of Northumberland County shall not accept any plan for recording
unless such plan officially notes the approval of the Borough Council
and review by the County Planning Commission.
The recording of the 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.
After a plan has been approved and recorded
as provided in this chapter, all streets and public grounds on such
plan shall be and become a part of the Official Map of the Borough,
should the Borough have adopted such a map, without public hearing.
Effect on application duly filed. From the time an application for approval of a plan, 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 Chapter 285, Zoning, of the Code of the Borough of Riverside, this chapter or other governing ordinance or plan shall affect the decision on such application adversely to the applicant. 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.
Effect upon approved preliminary plan. In addition,
when a preliminary plan application has been duly approved, the applicant
shall be entitled to final plan approval in accordance with the terms
of the approved preliminary plan application as hereinafter provided.
Effect upon disapproved plan. However, if an application
is properly and finally denied, any subsequent application shall be
subject to the intervening change in governing regulations.
When an application for approval of a plan, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in Chapter 285, Zoning, of the Code of the Borough of Riverside, this chapter or other governing 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. The five-year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement or completion of the development, and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the 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 a 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, that 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.[1]
Where final plan approval is preceded by preliminary
plan approval, the aforesaid five-year period shall be counted from
the date of the preliminary plan approval.
In the case of any doubt as to the terms of a preliminary
plan approval, the terms shall be construed in the light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
Effect on substantially completed required improvements.
Where the landowner has substantially completed the required improvements
as depicted upon the final plan within the aforesaid five-year limit,
or any extension thereof as may be granted by the Borough Council,
no change of Borough ordinance or plan enacted subsequent to the date
of filing of the preliminary plan shall modify or revoke any aspect
of the approved final plan pertaining to zoning classification or
density, lot, building, street or utility location.
Effect on installation of required improvements beyond
the five-year period. Where the installation of required improvements
is called for beyond the five-year period in a preliminary plan filed
prior to the change of ordinance or plan:
A plan showing all proposed phases or sections of
the development shall be submitted with the preliminary plan application.
Each section in any residential subdivision or land development, except
for the last section, shall contain a minimum of 25% of the total
number of dwelling units as shown on the preliminary plan, unless
a lesser percentage is approved by the Borough Council in its discretion.
A time schedule for the filing of final plan applications
for each phase or section shall be submitted with the preliminary
plan application. Such schedule shall be updated annually by the applicant
on or before the anniversary of the preliminary plan approval, until
final plan approval of the final section has been granted, and any
modification in the aforesaid schedule shall be subject to approval
of the Borough Council in its discretion.
Provided the landowner has not defaulted with regard
to, or violated any of the conditions of, the approved preliminary
plan, including compliance with the landowner's aforesaid schedule
of submission of final plans for the various sections, then:
For any section or sections, beyond the initial
section, in which the required improvements have not been substantially
completed within such five-year period, the aforesaid protections
shall apply for an additional term or terms of three years from the
date of the approved final plan for each section.
Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such section to any and all changes in Chapter 285, Zoning, of the Code of the Borough of Riverside, this chapter or other governing ordinance enacted by the Borough subsequent to the date of the initial preliminary plan application.