A.
Classification of subdivision. Whenever any subdivision
of land or land development is proposed, before any contract is made
for the sale of any part thereof, and before any permit for the erection
of a structure in such proposed subdivision or land development shall
be granted, the owner, or his authorized agent, shall apply for and
secure approval of such proposed subdivision or land development in
accordance with the following procedures for subdivision and land
development.
B.
Pre-application DEP consultation. Prior to the preparation
of any plans, it is suggested that prospective developers consult
with the Pennsylvania Department of Environmental Protection and/or
Bucks County Health Department concerning soil suitability when on-site
sewage disposal facilities are proposed.
C.
Pre-application Conservation District consultation.
Prospective developers should consult with the Bucks Conservation
District representative concerning erosion and sediment control and
geologic conditions at the proposed development.
D.
Pre-application PennDOT consultation. When the development
site has frontage on a state highway and/or proposes access to a state
highway, the developer should consult with PennDOT concerning design
requirements which may be imposed in addition to the requirements
of this chapter.
E.
Official filing date.
(1)
For the purpose of these regulations, the official filing date shall be the date of the regular meeting of the Planning Commission next following the date the complete application and plans are received in the Municipal Building; provided that, should said regular meeting occur more than 30 days following the submission of the application, the official filing date shall be the 30th day following the day the complete application has been submitted. An application will not be deemed complete unless all applicable fees have been paid by the applicant and the application and plans conform with the plan requirements set forth in Article IV of this chapter.
(2)
Upon receipt of an application for subdivision or
land development approval, the Borough Secretary shall affix to the
application both the date of submittal and the official filing date.
(3)
The application record shall be closed 14 days before
the Planning Commission meeting at which the plan will be considered
to allow time to examine and study the plans and all appropriate supporting
documentation. The Borough will not accept changes or amendments to
the application after this date unless the applicant shall apply for
a rescheduling of the meeting at which the plan will be considered
before the Planning Commission and make suitable provision for an
extension of the review time. This policy shall apply to formal sketch,
preliminary, and final plan submissions.
F.
Bucks County Planning Commission review. All plans
shall be submitted to and reviewed by the Bucks County Planning Commission
in accordance with its then-prevailing rules and regulations.
A.
All filing, inspection and professional (engineering/legal)
fees shall be submitted to Silverdale Borough.
B.
Plan filing fee. A filing fee shall accompany the
preliminary plan. No application shall be accepted or acted upon unless
payment is made to Silverdale Borough. The Silverdale Borough Council
shall establish by resolution a schedule of fees to be paid by the
subdivider or land developer to defray the cost of administering and
processing of plans. The schedule of fees may be changed from time
to time by resolution of the Borough Council of Silverdale Borough.
C.
Review fees.
(1)
Review fees shall include reasonable and necessary
charges by the Borough's professional consultants or Engineer for
review and report to the Borough and shall be set by resolution. Such
review fees shall be reasonable and in accordance with the ordinary
and customary charges by the Borough Engineer or consultant for similar
services in the community, but in no event shall fees exceed the rate
or cost charged by the Engineer or consultant to the Borough when
fees are not reimbursed or otherwise imposed on applicants.
(2)
In the event that the applicant disputes the amount
of any such review fees, the applicant shall, within 10 days of the
billing date, notify the Borough 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.
(3)
In the event that the Borough and the applicant cannot
agree on the amount of review fees which are reasonable and necessary,
then the fees shall be recalculated and recertified by another professional
engineer licensed as such by the Commonwealth of Pennsylvania and
chosen mutually by the Borough and the applicant or developer.
D.
An applicant shall, by filing a plan, be then obligated
to pay the fees herein provided. The professional (engineering/legal)
fees required to be paid by this section shall be promptly submitted
to the Borough by the applicant upon the submission of bills therefor
to the applicant from time to time by the Borough Council.
B.
Additional subdivision. Any additional subdivision
of a tract from which a minor subdivision has already been approved
shall be deemed to be a major subdivision for the purposes of this
chapter and shall follow the procedure applying thereto, if the additional
subdivision is submitted for review within five years of the approval
of the minor subdivision.
C.
All minor subdivision plans shall contain a notice
regarding future subdivision (refer to the sample in Appendix B).[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
A.
Sketch plan. Prospective subdividers and developers are strongly urged to discuss possible development sites with the Planning Commission prior to submission of a preliminary plan. A sketch plan may be presented for review not less than 14 days prior to the regular meeting of the Planning Commission. Application for sketch plan review by the Bucks County Planning Commission must accompany the submission. Submission of a sketch plan will not constitute a formal filing of a subdivision or land development plan with the Borough Council. Sketch plans should include those items listed in Article IV, Plan Requirements.
B.
Preliminary plan.
(1)
Submission of preliminary plans.
(a)
The preliminary plan and all information and
procedures relating thereto shall in all respects be in compliance
with the applicable provisions of this chapter. It is the responsibility
of the subdivider or developer to coordinate plans with the respective
private and public service agencies, including but not limited to
(where applicable) the Bucks Conservation District, the Bucks County
Department of Health, the Pennsylvania Department of Environmental
Protection, PennDOT, and municipal authorities.
(b)
The application form shall be accompanied by the requisite fee as set forth in § 290-8 of this chapter and by not fewer than six copies of all required materials and not fewer than 15 prints of the preliminary plan of the subdivision or development, or as amended by Borough resolution from time to time.
(c)
The Borough Secretary shall forward one copy
of the preliminary plan prints and one copy of required materials
to the Bucks County Planning Commission and such other agencies as
he/she deems appropriate for review and comment. One print shall be
sent to the Fire Marshal when deemed necessary by the Borough. One
copy of the preliminary plan prints and required materials shall be
forwarded to the Bucks Conservation District.
(d)
The Borough Secretary shall forward two copies
of the preliminary plan prints and required materials to the Borough
Engineer for review and comment.
(e)
The Borough Secretary shall forward the remaining
copies of the preliminary plan prints and required materials to the
Planning Commission.
(f)
When applicable, the submission shall be accompanied
by a planning module for land development, as required by the Pennsylvania
Department of Environmental Protection.
(2)
Review of preliminary plans.
(a)
In cases where the subdivision or land development
adjoins an existing or proposed state highway or has proposed streets
entering onto state highways, the developer shall submit the plans
to the Pennsylvania Department of Transportation for review and forward
copies of that application to the Borough.
(b)
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter, Chapter 340, Zoning, and all other applicable ordinances and regulations of the Borough.
(c)
The Planning Commission shall act on the preliminary
plan in time for the Borough Council to render its decision within
90 days from the official filing date. Any requests for modification
or waiver of the requirements of this chapter shall be in writing
in accordance with Pennsylvania Act 170, as amended, and be reviewed
by the Planning Commission for advisory comments.
(3)
Planning Commission recommendation.
(a)
The Planning Commission shall recommend whether
the preliminary plan shall be approved, approved with modifications,
or disapproved and shall notify the Borough Council in writing.
(b)
In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer, Borough staff, the Bucks County Planning Commission, the Borough Solicitor, interested residents, and any agency or agencies from which a review was requested under Subsection B(1) of this section.
(4)
Borough Engineer review. All plans and associated
documents shall be reviewed by the Borough Engineer prior to the transmission
of such plans to the Borough Council.
(5)
Resubmission of preliminary plans. A revised plan
submitted after disapproval shall be considered and processed as a
new plan submission. A revised plan submitted after approval shall
only be considered a new plan submission if, in the opinion of the
Borough, it has been substantially revised after said approval.
(6)
All plans shall evidence compliance with the requirements of Chapter 340, Zoning. Failure of the applicant to obtain all necessary variances, special exceptions, and/or conditional use approvals prior to preliminary plan approval shall be a cause for denial of the plan.
(7)
Approval of preliminary plans.
(a)
The Borough Council shall act on the preliminary
plan within 90 days of the official filing date. Failure to do so
shall be deemed an approval. Before acting on a preliminary plan,
the Borough Council may hold a hearing thereon after public notice.
(b)
The Borough Council shall notify the applicant
of its decision to approve, approve with conditions, or disapprove
the preliminary plan in writing. Such notice shall be given to the
applicant in person or mailed to him at his last known address not
later than 15 days following the decision. If the plan is approved
with conditions or disapproved, the Borough Council shall specify
in its notice the conditions which must be met and/or the defects
found in the plan and the requirements which have not been met, including
specific reference to provisions of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended, or any
other statute or provision of this chapter which has not been fulfilled.
(c)
Approval of the preliminary plan shall constitute
approval of the subdivision or land development as to the character
and intensity of development and the arrangement and approximate dimensions
of streets, lots, and other planned features. The approval binds the
subdivider or developer to the general scheme of the subdivision shown,
unless a revised preliminary plan is submitted, and permits the subdivider
to proceed with final detailed design of improvements, to arrange
for a guaranty to cover installation of the improvements, and to prepare
the final plan. Approval of the preliminary plan does not authorize
the sale of lots nor the recording of the preliminary plan.
(d)
Where preliminary plan approval is given subject
to conditions, the applicant shall accept or reject any or all of
the conditions within 15 days from the date that he/she receives the
written notification from the Borough Council. Failure to accept or
reject such conditions in writing within the foregoing time limit
shall result in the conditional approval of the plat becoming automatically
rescinded pursuant to Section 503(9) of the Pennsylvania Municipalities
Planning Code,[1] and, in the alternate, the plan is denied due to noncompliance
with the specified conditions.
[1]
Editor's Note: See 53 P.S. § 10503,
Subdivision 9.
C.
Final plan.
(1)
Submission of final plans.
(a)
After the subdivider or developer has received
official notification from the Borough Council that the preliminary
plan has been approved, he must submit a final plan in accordance
with the provisions of Section 508 of the Municipalities Planning
Code.[2] Application to the Bucks County Planning Commission with
the appropriate fee must accompany the final plan submission.
[2]
Editor's Note: See 53 P.S. § 10508.
(b)
The final plan shall conform in all respects
with the approved preliminary plan. If it does not, the plan submitted
shall be considered a revised preliminary plan and shall be forwarded
by the Borough Secretary to the Planning Commission for review and
recommendation as a preliminary plan.
(c)
The subdivider or developer must submit with the final plan a guaranty for the installation of improvements which meet the requirements of Article VI.
(d)
The application form shall be accompanied by the requisite inspection and professional fees as set forth in § 290-8.
(e)
Documented approval of the planning module for
land development by the Pennsylvania Department of Environmental Protection
shall be part of the requisite materials accompanying the final plan
submission.
(f)
The subdivider or developer shall submit 11
prints of the final subdivision or land development plans and at least
six copies of all other required information.
(g)
Upon receipt of the final plan, the Borough
Secretary shall forward the original plans and five copies of the
plans and one copy of all the other material to the Planning Commission
for review and recommendation; two copies of the plan and required
materials to the Borough Engineer for review and comment; two copies
of the plan and one of all other material to the Bucks County Planning
Commission; and copies to such other agencies whose recommendations
would be pertinent to the processing of the plan.
(2)
Review of final plans.
(a)
The Planning Commission shall review the plan
and requisite materials for compliance with the approved preliminary
plan and for conformance to the requirements of this chapter.
(b)
The Planning Commission shall act on the final
plan in time for the Borough Council to render its decision within
90 days from the official filing date.
(3)
Planning Commission recommendation.
(a)
The Planning Commission shall recommend whether
the final plan shall be approved, approved with conditions, or disapproved
and shall notify the Borough Council in writing.
(b)
In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer, the Bucks County Planning Commission, the Bucks County Conservation District, PennDOT, and the recommendations of any agency or agencies from which a review was requested under Subsection C(1)(g) of this section.
(4)
Borough Engineer review. All plans and associated
documents shall be reviewed by the Borough Engineer prior to the transmission
of such plans to the Borough Council.
(5)
Resubmission of final plans. A revised plan submitted
after denial shall be considered and processed as a new final plan
submission.
(6)
Approval of final plans. The Borough Council shall
act upon the application for approval of a final plan and render its
decision and communicate it to the applicant not later 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
the next regular meeting occur more than 30 days following the filing
of the application, said ninety-day period shall be measured from
the 30th day following the day the application has been filed.
(a)
The decision of the Borough Council shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last known address not later than 15 days following
the decision.
(b)
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 to the provisions of the Pennsylvania Municipalities
Planning Code or any other statute and the provisions of this chapter
and any other ordinance relied upon.
(c)
Failure of the Borough Council to render a decision
and communicate it to the applicant within the time and 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 the failure to meet the extended time
or change in manner of presentation or communication shall have like
effect.
(d)
Where final plan approval is given subject to
conditions, the applicant shall accept or reject any or all of the
conditions within 15 days from the date that he receives the written
notification from the Borough Council. Failure to accept or reject
such conditions, in writing, within the foregoing time limit shall
result in the conditional approval of the plat to become automatically
rescinded pursuant to Section 503(9) of the Pennsylvania Municipalities
Planning Code,[3] and, in the alternate, the plan is denied due to noncompliance
with the specified conditions.
[3]
Editor's Note: See 53 P.S. § 10503,
Subdivision 9.
(7)
Recording of final plans.
(a)
Upon approval of the final plan, the subdivider
or developer shall prepare two linen reproductions of the original
final record plan, including all plan sheets, and five paper prints,
all executed and notarized by the applicant, bearing appropriate engineering
and surveying seals, which shall be submitted to the Borough not later
than 30 days after approval. These plans, upon satisfaction of all
conditions attached to the approval, will be signed by the Borough
Council. A copy of the signed final plan shall be recorded, at the
applicant's expense, in the office of the Bucks County Recorder of
Deeds within 90 days after approval of the final plan, or the approval
of the Borough Council shall be null and void. The final plan must
be recorded before proceeding with the sale of lots or construction
of buildings.
(b)
Recording the final plan shall be an irrevocable
offer to dedicate all streets and other public ways to public use
and to dedicate or reserve all park reservations and other public
areas to public use unless reserved by the subdivider as hereinafter
provided. The approval of the final plan shall not impose any duty
upon the Borough Council of Silverdale Borough concerning maintenance
of the improvements offered for dedication, nor shall such approval
be construed as an acceptance of such dedication.
(c)
The subdivider shall place a notation on the
final plan if there is no offer of dedication to the public of streets
and certain designated public areas, 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 be noted on the plan.
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 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 of such approval. The five-year period shall be counted from
the date of the preliminary plan approval. Failure to substantially
complete the required improvements within the aforesaid five-year
period, or within any extension thereof as may be granted by the Borough
Council or as may be permitted by Section 508 (4)(v) and (vi) of the
Pennsylvania Municipalities Planning Code[1] for staged developments, shall make the application subject
to any and all changes in zoning, subdivision, and any other governing
ordinance enacted by the Borough subsequent to the date of the initial
preliminary plan approval.
[1]
Editor's Note: See 53 P.S. § 10508,
Subdivision 4(v) and (vi),
A.
General. The Borough Council may grant a modification
of the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of this chapter is observed.
B.
Procedure. All requests for modification shall be
in writing and shall accompany and be part of the application for
development. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions of this chapter involved, and the minimum
modification necessary.
C.
Requests for modification shall be referred to the
Planning Commission for advisory comments.
