The purpose of the preapplication meeting or sketch plan review is to
afford the applicant the opportunity to receive the advice and assistance
of the Borough staff. Such meeting and/or review shall be considered as confidential
between the applicant and staff.
A.
The purpose of the preapplication meeting or sketch plan
review is to afford the applicant the opportunity to receive the advice and
assistance of the Borough staff prior to formal application for approval.
Such meeting and/or review shall be considered as confidential between the
applicant, staff, and the Borough.
B.
Applicants for proposals which require a preliminary
plan approval, plans which involve the creation of new streets or community
stormwater detention or retention facilities, and plans for the development
of nonresidential structures are strongly urged to discuss such proposals
with the staff of the Borough of Denver and to prepare and submit sketch plans
for review prior to submission of the application for approval. Submission
of a sketch plan, even though strongly recommended, is not mandatory and shall
not constitute formal filing of a plan with the Borough.
C.
Sketch plan reviews are not required to be consistent
with procedures of Section 508 of the Pennsylvania Municipalities Planning
Code,[1] as amended. Sketch plans prepared for review and discussion should include those items listed in § 170-17 of this chapter.
[1]
Editor's Note: See 53 P.S. § 10508.
D.
Applicants for proposals other than those described in Subsection A are still encouraged to discuss such proposals and submit sketch plans for review.
E.
The applicant may request that the Borough staff provide written comments on submitted sketch plans as a follow-up to any meetings held to discuss the plan. As stated in Subsection B, submission of a sketch plan, even though strongly recommended, is not mandatory and shall not constitute formal filing of a plan with the Borough.
With the exceptions specifically noted in this chapter, a preliminary plan is required for applications which propose new streets, all land development, as defined in § 170-6, and subdivision plans of 10 or more lots. All other plans may be submitted as final plans in accordance with § 170-9. Preliminary plans may be filed with the Borough on any business day. The Borough Planning Commission and Borough Council will officially review a plan at particular meetings in accordance with a schedule that shall be published as a public notice.
A.
Application requirements. In addition to the submission
requirements of the Borough, it is required that a full submission as specified
be made to the appropriate officials of the Lancaster County Planning Commission.
All preliminary plan applications shall include the following:
(1)
Fifteen copies of the preliminary plan. All plans shall
be either black-on-white or blue-on-white paper prints.
(2)
Three copies of all reports, notifications, and certifications
which are not provided on the preliminary plan, including stormwater management
plans and calculations.
(3)
Three application forms (see Appendix 24[1]) completely and correctly executed, with all information legible,
and bearing all required signatures.
[1]
Editor's Note: Appendix 24 is included at the end of this chapter.
(4)
Filing fee (see fee schedule available at the Borough).
Note: A separate filing fee shall accompany the preliminary plan, consisting
of a check or money order drawn to Denver Borough, and shall be submitted
for each application. If one check is issued for multiple plans, a detailed
breakdown of the individual fee assessments must accompany the payment.
(5)
When connection to an existing sanitary sewer system
is proposed, written notice from the Borough indicating that sufficient capacity
to service the proposed development is available shall be provided. Such notice
shall:
(6)
Incomplete applications. A preliminary plan application shall be accompanied by all required plans and documents and the required filing fee. The Borough Manager/Secretary shall have seven days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all the information required by this chapter. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Borough Manager/Secretary under this section to the Borough Council in accordance with § 170-50 of this chapter.
B.
Plan requirements. All preliminary plans shall be prepared in conformance with the provisions of § 170-18 of this chapter and any other applicable requirement of law.
C.
Distribution. The applicant shall distribute copies of
the preliminary plan to each of the following individuals:
D.
Borough Council action.
(1)
Borough Council shall render its decision in accordance
with applicable MPC requirements. Borough Council may approve the preliminary
plan, in whole or in part, or may approve the preliminary plan subject to
conditions, or may disapprove the preliminary plan.
(2)
If Borough Council approves the preliminary plan subject
to conditions, the applicant shall either personally at a public meeting or
in writing approve or reject such conditions within five days of, either personally
or in writing, receiving notice of such conditions. For purposes of this subsection,
notice to a person presenting the plan on behalf of the applicant whether
such person is the applicant himself, a relative of the applicant, an officer
of the applicant, an attorney, a surveyor, an engineer or otherwise, shall
be notice to the applicant; and such person presenting the plan on behalf
of the applicant shall be deemed to have authority to, on behalf of applicant,
accept or reject such conditions. The applicant's failure to accept or
reject such conditions within the five-day period shall be considered to be
a rejection of the same and conditional approval by Borough Council shall
be automatically revoked. The applicant shall be notified in writing within
10 days following the expiration of the five-day period of the plan rejection;
provided, however, that failure to notify the applicant of such plan rejection
shall not constitute a deemed approval.
E.
Notification of Borough Council's action.
(1)
Within 15 consecutive days after the meeting at which
the preliminary plan is reviewed by the Borough Council, the Borough Manager/Secretary
shall send written notice of the Borough's action to the following individuals:
(2)
If the application is disapproved, the Borough Manager/Secretary
will notify the above individuals, in writing, of the defects in the application
and will identify the requirements that have not been met, citing the provisions
of the statute or ordinance relied upon.
F.
Compliance with Borough Council action. If the Borough
Council conditions its preliminary plan approval upon receipt of additional
information, changes, and/or notifications, such data shall be submitted and/or
alterations noted on two copies of the plan to be submitted to Borough Council
for approval. All correspondence and copies of the plan shall reference the
DB file number.
G.
Borough Council approval and certification.
(1)
The Borough Council will acknowledge the satisfactory compliance with all conditions, if any, of the preliminary plan approval at a regularly scheduled public meeting. All materials to be considered by the Borough Council at such meeting shall be submitted by the applicant to the Borough at least 14 days prior to the meeting. Additionally, at the option of the applicant, after receipt of preliminary plan approval and compliance with all conditions of approval, a preliminary plan may be presented to the Borough Council for acknowledgment through a formal statement on the plan. (See Appendix 17.[2])
[2]
Editor's Note: Appendix 17 is included at the end of this chapter.
(2)
Approval of a preliminary application shall constitute
approval of the proposed subdivision and/or land development as to the character
and intensity of development and the general arrangement of streets, lots,
structures, and other planned facilities, but shall not constitute final plan
approval. The preliminary plan may not be recorded in the office of the Lancaster
County Recorder of Deeds.
(3)
Preliminary plan approval will be effective for a five-year
period from the date of the Borough Council's approval of the preliminary
plan application; therefore, final plan applications for the entire project
must be made within five years of preliminary plan approval unless the Borough
Council grants a waiver by extending the effective time period of the approval.
(4)
The applicant may, after receipt of acknowledgment from
the Borough Council of the satisfactory completion of any conditions of preliminary
plan approval, proceed to construct the improvements required by this chapter
and shown on the approved preliminary plan. The applicant shall indicate the
intent to construct the improvements in writing to the Borough Council prior
to the start of construction. Additionally, the applicant shall complete and
enter into the appropriate Memorandum of Understanding. The applicant shall
indicate the timetable for the construction of the improvements, including
a schedule and plan of the proposed phasing of sections of the plan.
(5)
Construction and completion of the improvements shall
not constitute permission to sell lots or occupy proposed buildings shown
on the plan.
A.
Application for final plan approval.
(1)
(2)
Final plans may be filed with the Borough on any business
day; however, the final plans must be received by the last business day of
the month prior to the review. A schedule of the Borough Council and the Planning
Commission meetings for each calendar year and the corresponding dates for
submission of plans and applications shall be published as a public notice.
(3)
The final plan may be submitted in sections, each section
covering a reasonable portion of the entire proposed subdivision or land development
as shown on the approved preliminary plan; provided that each section, except
for the last section, shall contain a minimum of 25% of the total number of
units of occupancy as depicted on the approved preliminary plan unless the
Borough Council specifically approves a lesser percentage for one or more
sections.
(4)
The Borough Council may accept a final plan modified
to reflect a change to the site or its surroundings which occurs after the
preliminary plan review. The Borough Council shall determine whether a modified
final plan will be accepted or whether a new preliminary plan shall be submitted.
B.
Application requirements. In addition to the submission
requirements of the Borough, it is required that a full submission be made
to the appropriate officials of the Lancaster County Planning Commission.
All final plan applications shall include the following:
(1)
Fifteen copies of the final plan sheet(s) to be recorded.
All plans shall be either black-on-white or blue-on-white paper prints.
(2)
Three copies of all reports, notifications and certificates
which are not provided on the final plan, including stormwater management
plans and calculations.
(3)
Three correct and complete application forms. (See Appendix 24.[1])
[1]
Editor's Note: Appendix 24 is included at the end of this chapter.
(4)
A filing fee shall accompany the final plan, consisting
of a check or money order drawn to Denver Borough (see fee schedule available
at the Borough).
(5)
Two copies of the Pennsylvania Department of Transportation
highway occupancy permit drawings where access to a state street, road, or
highway is proposed.
(7)
A final plan application shall be accompanied by all required plans and documents and the required filing fee. The Borough Manager/Secretary shall have seven days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all the information required by this chapter. If defective, the application will be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Borough Manager/Secretary under this section to the Borough Council in accordance with § 170-50 of this chapter.
(8)
Written notice from the Borough Council providing sanitary
sewer service indicating that sufficient capacity to service the proposed
development has been reserved.
C.
Plan requirements. All final plans shall be prepared in conformance with the provisions of § 170-19 of this chapter and any other applicable requirements of law.
D.
E.
Borough Council action.
(1)
Borough Council shall render its decision in accordance
with applicable MPC requirements. Borough Council may approve the final plan,
in whole or in part, or may approve the final plan subject to conditions,
or may disapprove the final plan.
(2)
If Borough Council approves the final plan subject to
conditions, the applicant shall either personally at a public meeting or in
writing approve or reject such conditions within five days of, either personally
or in writing, receiving notice of such conditions. For purposes of this subsection,
notice to a person presenting the plan on behalf of the applicant whether
such person is the applicant himself, a relative of the applicant, an officer
of the applicant, an attorney, a surveyor, an engineer or otherwise, shall
be notice to the applicant; and such person presenting the plan on behalf
of the applicant shall be deemed to have authority to, on behalf of applicant,
accept or reject such conditions. The applicant's failure to accept or
reject such conditions within the five-day period shall be considered to be
a rejection of the same and conditional approval by Borough Council shall
be automatically revoked. The applicant shall be notified in writing within
10 days following the expiration of the five-day period of the plan rejection;
provided, however, that failure to notify the applicant of such plan rejection
shall not constitute a deemed approval.
(3)
If the application is disapproved, the Borough shall
notify the applicant, in writing, of the defects in the application and shall
identify requirements which have not been met, through citing the provisions
of the statute or ordinance relied upon.
F.
Notification of Borough Council action. Within 15 consecutive
days after the meeting at which the final plan is reviewed, the Borough Manager/Secretary
shall send written notice of the Borough Council's action to the following:
G.
Compliance with Borough Council action. If the Borough
Council conditions its final plan approval upon receipt of additional information,
changes, and/or notifications, such data shall be submitted and/or alterations
noted on two copies of the plan to be submitted to the Borough for approval
by the Borough Council.
H.
Final plan certification. After the Borough Council's
approval of the final plan and the required changes, if any, are made, the
applicant shall proceed to prepare two sets of final plans which shall be
transparent reproductions of the original plan which shall be black line on
stable plastic base film and one set of final plans which shall be a paper
copy for the Borough Council's files and two sets of final plans which
shall be transparent reproductions of the original plan which shall be black
line on stable plastic base film and one set of final plans which shall be
a paper copy for the Lancaster County Planning Commission's files. The
two transparent copies of the final plan shall be certified in the following
manner:
(1)
Borough Council signature required. The final plans shall be
signed by the Borough Manager/Secretary or the Borough official authorized
by the Borough Council. Final plans will not be signed by the Borough Council
if submitted more than 90 days from the Borough Council's final approval
action unless the Borough Council has granted a waiver by extending the effective
time period of the approval.
(2)
Lancaster County Planning Commission signature required. After
obtaining the signature of the Borough as provided in this chapter both final
plans shall be presented to the LCPC for the signature of the Chairman and
Vice Chairman or their designees. The LCPC signatures shall be placed on the
final plan after a period of not less than 24 hours. Signatures shall be affixed
as soon after the 24 hours as is reasonably possible.
I.
Final plan recordation.
(1)
Upon approval and certification of a final plan, the
applicant shall record the plan in the office of the Lancaster County Recorder
of Deeds.
(2)
Should the applicant fail to record the final plan within
the time allotted by the Municipalities Planning Code, the Borough Council's
action on the plan shall be null and void unless the Borough Council has granted
a waiver by extending the effective time period of the approval.
J.
Prior sale of lots prohibited. The final plan shall be
filed with the Lancaster County Recorder of Deeds before proceeding with the
sale of lots.
K.
Approval signature required. No final plan for any subdivision
or land development may be recorded unless it bears the signature of an authorized
representative of the Borough Council denoting approval of the plan by the
Borough Council.
L.
Dedication by recording the final plan. After approval
of the final plan by the Borough Council, the act of recording the final plan
shall have the effect of an irrevocable offer to dedicate all streets and
other areas designated for public use, which may include but is not limited
to public water and sanitary sewer, unless reserved by the landowner as provided
below. However, the approval of the Borough Council shall not impose any duty
upon the commonwealth, the county, or Denver Borough concerning acceptance,
maintenance, or improvement of any such dedicated areas or portion of same
until proper authorities of the commonwealth, county, or Denver Borough actually
accept same by ordinance or resolution, or by entry, use, or improvement.
M.
Notice of reservation from public dedication. The landowner
shall place a notation on the final plan when there is no offer of dedication
to the public of certain designated areas, in which event the title to such
areas shall remain with the owner, and the commonwealth, county, and Borough
shall assume no right to accept ownership or right-of-way.
Any replatting or resubdivision of recorded plans or revision of approved
final plans which have not yet been recorded, excluding lot grading plans
in subdivisions, shall be considered as a new application and shall comply
with all requirements of this chapter, except that survey corrections can
be made.
A.
Land development and/or subdivision plans may be submitted
as final plans in accordance with the provisions of this chapter provided
the proposal meets one of the following conditions:
(1)
The development of a single, nonresidential building
or building addition of less than 30,000 square feet on a lot that previously
was approved for such nonresidential use. This lot shall be on a plan of record
and the installation of all improvements associated with the approval of such
plan shall be completed. Further, access to the lot shall meet the standards
of the current ordinance and traffic generated by the proposed use shall not
exceed 500 AADT.
(2)
The development of a second principal building of less
than 10,000 square feet on a lot which contains an existing principal building.
Traffic generated by the new use shall not exceed 200 AADT.
(3)
The development of a single principal building with an
area of 1,500 square feet or less and which will generate 50 or fewer AADT.
(4)
The development of a residential building with less than
five units of occupancy.
(5)
The subdivision of two or less lots for single-family
residential development.
B.
All land development and/or subdivision plans which do not meet one of these conditions or which propose to either establish an access which does not meet the safety criteria of the current ordinance, or to phase construction of required infrastructure, including, but not limited to, streets, sewer and water facilities, and stormwater management facilities shall be submitted as a preliminary plan in accordance with the requirements of § 170-8 of this chapter.
A plan which proposes to alter the location of lot lines between existing
lots of separate ownership for the sole purpose of increasing lot size may
be approved by the Borough Council for recording purposes.
A.
Lot add-on requirements. Lot add-on plans shall be reviewed
only as final plans and shall only be permitted when:
B.
Lot add-on plan required. Where the above conditions are satisfactorily proven to exist, a plan shall be prepared and submitted in accordance with the requirements of § 170-20 of this chapter.
C.
Deed required. A copy of the deed to be recorded for
the receiving tract shall be submitted prior to recording of the lot add-on
plan. The deed shall provide a description of the receiving tract that reflects
the proposal to join it in common with the acreage to be conveyed.
D.
Lot add-on plan submission procedures. In every case
where a proposal conforms to the requirements of this section, the application
shall comply with the following procedures:
(1)
Fifteen copies of the final plan. All plans shall be
either black-on-white or blue-on-white paper prints.
(2)
Three application forms (see Appendix 24[2]) completely and correctly executed, with all information legible,
and bearing all required signatures.
[2]
Editor's Note: Appendix 24 is included at the end of this chapter.
(3)
Filing fee (see fee schedule available at the Borough).
Note: A filing fee shall accompany the final plan, consisting of a check or
money order drawn to Denver Borough.
E.
Certification. After the plan has been reviewed and the required changes, if any, are made, the applicant shall proceed to prepare two sets of plans which shall be transparent reproductions of the plan which shall be black line on stable plastic film and one set of plans which shall be a paper copy for the Borough Council's files. The two transparent copies of the plan shall be certified in accordance with the provisions of § 170-22C and the following:
F.
Borough official(s) signature required. Both plans shall
be signed by the Borough officials certifying that the plan qualifies for
this process.
G.
Recording of plans. The applicant shall record the plans
with the Lancaster County Recorder of Deeds.
H.
Deeds required. The applicant shall provide the Borough
Council with proof that the deeds containing the new perimeter legal descriptions
have been recorded with the Lancaster County Recorder of Deeds.
A.
Application requirements. All requests for waivers shall
be made in accordance with the following procedure:
(1)
All requests for a waiver shall be made in writing and shall accompany and be a 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, or the alternative standard proposed to provide equal or better results, the section or sections of this chapter which are requested to be waived, and the minimum modification necessary. The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 170-17).
(2)
Should a revision to a submitted plan require a waiver which was not apparent at the time of initial plan submission, the request for a waiver shall be submitted in accordance with Subsection A(1) above, at the time of submission of the revised plans.
(3)
Requests for waivers shall be considered by the Borough
Council at a public meeting which is at least 14 days after the submission
of the waiver request.
B.
Borough Council's action. After the meeting at which
the waiver was reviewed, the Borough Manager/Secretary shall send a written
notice of Borough Council's action to the applicant at his last known
address within such time periods as may be established by the Municipalities
Planning Code. If Borough Council denies the request, it shall notify the
applicant in writing of the justifications for the denial. If Borough Council
grants the request, the final plan shall include a note that identifies the
specific waiver granted. If Borough Council imposes conditions upon the granting
of a waiver, the applicant shall notify the Borough in writing within 15 days
of the date the Borough mailed notification whether the applicant shall comply
with all conditions imposed on the granting of the waiver. If the applicant
does not agree to the imposition of all of the conditions, the requested waiver
shall be deemed denied.
C.
Notification of Borough Council's action.
(1)
After the meeting at which the waiver was reviewed, the
Borough Manager/Secretary shall send notice of the Borough Council's
action to the following individuals:
(2)
If the Borough Council denies the request, the Borough
Manager/Secretary will notify the above individuals, in writing, of the justification
for denial. If the Borough Council grants the request, the final plan shall
include a note that identifies the specific waiver as granted.
A.
The division of an existing tract along the center line
of an existing road to create two lots whose common boundary is said center
line, may be approved by the Borough Council, or its designee, for recording
purposes, if it is in conformance with the criteria specified below:
(2)
The resultant lots meet all requirements of the applicable
zoning district.
(3)
The resultant lots shall retain adequate access to accommodate
potential development in accordance with the current zoning district regulations.
(4)
The parcel is described and divided along existing property
lines and the street center line.
B.
Application requirements. All applications shall include
the following:
(1)
Three correct and complete application form (see Appendix 24[1]).
[1]
Editor's Note: Appendix 24 is included at the end of this chapter.
(2)
A filing fee consisting of a check or money order drawn
to Denver Borough.
(3)
Notification from the Department of Environmental Protection
that either approval of the Sewer Facility Plan Revision (Plan Revision Module
for Land Development) or Supplement has been granted or that such approval
is not required.
(4)
Four black-on-white or blue-on-white paper prints of
the plan.
C.
Plan requirements. All center line separation plans shall be prepared in conformance with the provisions of § 170-22 of this chapter and any other applicable requirements of law.
D.
Certification. After the plan has been reviewed and the required changes, if any, are made, the applicant shall proceed to prepare two sets of plans which shall be transparent reproductions of the plan which shall be black line on stable plastic film and one set of plans which shall be a paper copy for the Borough Council's files. The two transparent copies of the plan shall be certified in accordance with the provisions of § 170-22C and the following:
E.
Borough official(s) signature required. Both plans shall
be signed by the Borough officials certifying that the plan qualifies for
this process.
F.
Deed required. Recordation of such plan does not serve
to separate the proposed lots. To be considered as separate land holdings,
deeds must be recorded to reflect the descriptions as provided on the recorded
plan.
The resources of the Borough and the orderly administration of this
chapter are unduly burdened by multiple and conflicting applications. Therefore,
the same applicant may not submit multiple applications for approval of a
subdivision or land development plan for the same property or a portion thereof
involving the same land use. If an applicant desires to submit a new application,
then the applicant must withdraw in writing any pending applications. In the
event the applicant fails or refuses to withdraw any pending applications,
Borough Council may deny the new application due to noncompliance with this
section.
Applicants shall comply with all plan processing procedures of the Lancaster
County Planning Commission. It is the responsibility of the applicant to determine
the requirements of the Lancaster County Planning Commission, including, but
not limited to, the number of copies of the plan that must be submitted, and
the filing fee.
A.
Application requirements. All review requests shall be
submitted by the applicant to the Lancaster County Planning Commission in
accordance with the application requirements set forth by the Lancaster County
Planning Commission.
B.
Plan requirements. All plans shall be prepared in conformance
with the prevailing regulations of the Borough and the legislation of the
commonwealth.
C.
Lancaster County Planning Commission action. The Lancaster
County Planning Commission will evaluate the application based upon the applicable
regulations and legislation and sound planning principles and forward a review
within the time period specified by the Pennsylvania Municipalities Planning
Code to appropriate parties. The Lancaster County Planning Commission may
perform this review at a scheduled public meeting or delegate to the staff
the authority to perform the evaluation and forward comments.
D.
Lancaster County Planning Commission certification. After completion of the Lancaster County Planning Commission's review, a preliminary or final plan may be presented to the Lancaster County Planning Commission for signature (Appendix 21[1]).
[1]
Editor's Note: Appendix 21 is included at the end of this chapter.
