Hereafter, subdivision plans shall be reviewed by the Borough of Birdsboro Planning Commission and the County of Berks Planning Commission and shall be approved or disapproved by the Birdsboro Borough Council in accordance with the procedures specified in this article and in other sections of this chapter. Any approval not processed as required hereafter shall be null and void unless it was made prior to the adoption of this chapter.
A.
Sketch plans for all proposed subdivisions of land within the Borough of Birdsboro shall be submitted to the Borough of Birdsboro Planning Commission for review.
B.
Copies of the sketch plan and all required supplementary data shall be submitted to the Borough Secretary (or his representative) by the subdivider or by his representative authorized in writing to submit the plan.
D.
Upon submission of the sketch plan to the Borough Secretary (or his representative), the Borough Secretary shall refer one copy thereof to the Borough Planning Commission and one copy to the County Planning Commission, for investigation and recommendations as to changes, alterations and modifications, if any, which shall be contained in written reports from both Commissions. The third copy shall be retained for the permanent files and use of the Borough Council.
A.
When a sketch plan has been submitted, such plan shall be placed on the agenda of the Borough Planning Commission for review at its next scheduled meeting, provided that such submission has occurred no less than one calendar day prior to such scheduled meeting.
B.
The Borough Planning Commission may discuss the sketch plan with the subdivider, with appropriate officials of the municipality and with appropriate county and state agencies.
C.
At a regularly scheduled or special meeting, the Borough Planning Commission shall review the sketch plan to determine its conformance to the standards contained in this chapter and shall require or recommend such changes and modifications as it shall deem necessary or advisable in the public interest.
D.
No official action shall be taken by the Borough Planning Commission with respect to a sketch plan until the Borough has received the written report of the County Planning Commission; provided, however, that if the County Planning Commission shall fail to report thereon within 15 days after receipt of the sketch plan from the Borough Secretary, then the Borough Planning Commission may officially act without having received and considered such report.
E.
Within seven calendar days after the meeting at which the sketch plan is reviewed by the Borough Planning Commission, the Borough Secretary shall send written notice to the following of the Borough Planning Commission's action, including any changes or modification, if any, required by the Borough Planning Commission as prerequisites to review of the preliminary plan or recommended to the Borough:
[Amended 10-10-2011 by Ord. No. 432]
A.
Preliminary plans for all proposed subdivisions of land located within the Borough of Birdsboro shall be officially submitted to the Borough Planning Commission and to the County Planning Commission for review.
B.
Copies of the preliminary plan and all required supplementary data shall be initially and officially submitted to the Executive Director (or his representative) of the Berks County Planning Commission by the subdivider or by his representative authorized in writing to submit the plan.
C.
If the preliminary plan submission complies with § 335-14, following, the County Planning Commission shall acknowledge and shall certify its intention to review the preliminary plan by issuance to the subdivider of a preliminary subdivision plan receipt; a copy of this receipt shall also be mailed to the Secretary of the Borough of Birdsboro and a copy to the Secretary of the Birdsboro Planning Commission.
D.
Upon issuance of a preliminary subdivision plan receipt, copies of the preliminary plan and all required supplementary data shall be officially submitted to the Borough Secretary (or his representative) by the subdivider or by his representative authorized in writing to submit the plan. After fees have been properly paid, the Borough Secretary shall transmit such plans to the Borough Planning Commission for its review.
E.
Where a preliminary plan shows the proposed subdivision of only a part of the subdivider's total property, a sketch may be required, showing the prospective street system in the remainder of this property, so that the street system in the submitted portion may be considered in relation to future connections with the unsubmitted portion. To prevent undue hardship in the case of extremely large properties, the Borough Planning Commission and/or the County Planning Commission may, based on existing natural or man-made features, delimit the area for which a prospective street system may be sketched.
F.
Official submission of a preliminary plan to the County Planning Commission shall comprise:
(1)
Submission of a completed application for review of preliminary subdivision plan (copies of this application form, Form S1, are available from the County Planning Commission).
(2)
(3)
Submission of one copy of all other required information and plans.
G.
Official submission of a preliminary plan to the Borough shall comprise:
H.
Distribution of preliminary plan submitted to Borough.
(1)
Upon the submission of the preliminary plan to the Borough, the Borough Secretary shall refer one copy to the Borough Engineer, one copy to the Borough Zoning Officer and two copies to the Borough Planning Commission for recommendations as to changes, alterations and modifications, if any.
(2)
The reports of the Borough Engineer and Borough Zoning Officer shall be in writing and shall be submitted to the Borough Planning Commission prior to the regularly scheduled meeting at which the plan is to be considered by the Borough Planning Commission.
A.
By County Planning Commission.
(1)
When a preliminary plan has been officially submitted, such plan shall be placed on the agenda of the County Planning Commission for review at its next scheduled meeting, provided that such official submission has occurred no less than 10 calendar days prior to such scheduled meeting.
(2)
The County Planning Commission may discuss the preliminary plan and supplementary data with the subdivider, with appropriate officials of the municipality and with appropriate county and state agencies.
(3)
At a regular public meeting, the County Planning Commission shall review the preliminary plan to determine its conformance to the standards contained in this chapter and shall recommend such changes and modifications as it may deem necessary or advisable in the public interest.
(4)
Within seven calendar days after the meeting at which the preliminary plan is reviewed by the County Planning Commission, the Executive Director shall send written notice to the following individuals of the action, including changes and modifications, if any, recommended by the County Planning Commission to be required by the Borough of Birdsboro.
(5)
If deemed necessary, any such recommended modifications of the preliminary plan shall be noted as a sketch plan, copies of which shall be sent to the individuals listed in § 335-7A(4).
(6)
Review of the preliminary plan by the County Planning Commission shall constitute conditional County Planning Commission review of the proposed subdivision as to the character and intensity of development and the arrangement and approximate dimensions of the streets, lots and other planned features, but shall not authorize the sale or other transfer of lots.
B.
By Borough Planning Commission.
(1)
When a preliminary plan has been officially submitted, such plan shall be placed on the agenda of the Borough Planning Commission for review at its next regularly scheduled meeting, provided that such official submission has occurred no less than 10 calendar days prior to such regularly scheduled meeting.
(2)
At a regularly scheduled meeting, the Borough Planning Commission shall review the preliminary plan to determine its conformance to the standards contained in this chapter and shall require or recommend such changes and modifications as it shall deem necessary or advisable in the public interest.
(3)
No official action shall be taken by the Borough Planning Commission with respect to a preliminary plan until the Borough has received the written report of the County Planning Commission; provided, however, that if the County Planning Commission shall fail to report thereon within 30 days after issuing a preliminary subdivision plan receipt, then the Borough Planning Commission may officially act without having received and considered such report.
(4)
During review of the preliminary plan, the Borough Planning Commission shall also consider the written reports of the Borough Engineer and the Borough Zoning Officer while making its decision.
(5)
Within seven days after the meeting at which the preliminary plan is reviewed by the Borough Planning Commission, the Borough Manager shall notify the following of the action taken by the Borough Planning Commission regarding the preliminary plan:
(6)
If all the requirements of this article are met and review is favorable, the Chairman of the Borough Planning Commission shall note such fact, together with the data, on copies of the preliminary plan and forward them to Borough Council seven days before the next meeting of the Council, together with a recommendation that Council approve the preliminary plan.
(7)
If review by the Borough Planning Commission is unfavorable because the requirements of this article have not been met, or the Borough Planning Commission deems changes or modifications of the plan as submitted to be advisable or necessary, such decision and the reasons therefor shall also be given in written form by the Borough Manager to the same groups and individuals listed in Subsection B(5).
C.
By Borough Council.
(1)
When a preliminary plan has been officially submitted to Borough Council by the Borough Planning Commission, such plan shall be placed on the agenda of the Borough Council for review at its next regularly scheduled meeting, provided that such official submission has occurred no less than seven calendar days prior to such regularly scheduled meeting.
(2)
At a regularly scheduled meeting, Borough Council shall review the preliminary plan and the written reports thereon of the Borough Planning Commission, the County Planning Commission, the Borough Engineer and the Borough Zoning Officer to determine its conformance to the standards contained in this chapter and shall require or recommend such changes and modifications as it shall deem necessary or advisable in the public interest.
(3)
Within seven days after the meeting at which the preliminary plan is reviewed by the Council, the Borough Manager shall notify the following, in writing, of the action taken by Council regarding the preliminary plan:
(4)
Action by Council may be favorable, preliminarily approving the plan, or disapproving the application of which the plan forms a part. The findings and reasons upon which Council's action is based shall be given in writing to the individuals and groups listed in § 335-7C(3) and also stated in the minutes of the Council.
(5)
The action of Council shall be noted, together with the date of action and signature of the President, on four sets of plans. These plans then shall be distributed as follows:
(6)
As part of the preliminary approval of a proposed residential subdivision, Council may direct that building permits be issued for construction of houses for up to 10% of approved lots, but not to exceed four houses in number.
(7)
Within 30 days after preliminary plan approval of a subdivision by Borough Council, and in any event before the issuance of any building permits, the subdivider shall deliver to the Borough Manager (or the Borough Secretary in his absence) a performance guarantee in the amount of 120% of the cost of all improvements required by this article as estimated by the Borough Engineer, in a form and with a surety approved by the Borough Solicitor, guaranteeing the construction and installation of all such improvements within a stated period, which shall not be longer than three years from the date of final subdivision approval; and if such performance guarantee is not so delivered, the preliminary approval shall expire 30 days after the date of preliminary subdivision approval. Upon written application signed by both the obligor and surety of a performance guarantee in a form approved by the Borough Solicitor, the Borough Council may, at its discretion, extend said period by not more than three additional years or, when the improvements have been partially completed, reduce proportionally the amount of the performance guarantee, by formal resolution. In the event of default under a performance guarantee, the proceeds of the performance guarantee received by the Borough shall be used to construct and install the improvements.
(8)
Within 30 days after the preliminary approval of a subdivision by Borough Council and, in any event, before the issuance of a building permit, the subdivider shall deliver to the Borough Manager a maintenance guarantee in an amount of not less than 5% of the Borough Engineer's estimate of the cost of all improvements required by this chapter, guaranteeing that the subdivider shall maintain all such improvements in good condition for a period of one year after completion of construction and installation of all such improvements, and if such maintenance guarantee is not so delivered, the preliminary approval shall expire 30 days after the date of such approval.
A.
Within 12 months after Borough approval of the preliminary plan, a final plan and all necessary supplementary data shall be officially submitted to the Borough Planning Commission and to the County Planning Commission for final review; provided, however, that an extension of time may be granted by the Borough Planning Commission and the County Planning Commission upon written request. Otherwise, the plan submitted may be considered as a new preliminary plan.
B.
The final plan and all required supplementary data shall comply with all applicable provisions of this chapter. Failure to do so shall be cause for refusal by the Borough Planning Commission and/or the County Planning Commission to accept the final plan for review.
C.
The final plan shall conform in all important respects to the preliminary plan as previously reviewed by the Borough Planning Commission and the County Planning Commission but shall incorporate all modifications required by the Borough in its review of the preliminary plan. The Borough Planning Commission and the County Planning Commission may, however, accept a final plan so modified as to reflect any substantial changes which have occurred on the site of the proposed subdivision or in its surroundings since the time of preliminary plan review.
D.
The Borough may permit submission of the final plan in sections, each covering a reasonable portion of the entire proposed subdivision as shown on the reviewed preliminary plan.
E.
Copies of the final plan and required supplementary data shall be officially submitted to the Executive Director (or his representative) of the Berks County Planning Commission by the subdivider or by his representative authorized in writing to submit the plan.
F.
If the final plan submission complies with § 335-15 following, the County Planning Commission shall acknowledge such compliance and shall certify its intention to review the final plan by issuance to the subdivider of a final subdivision plan receipt. A copy of this receipt shall also be mailed to the Secretary of the Birdsboro Planning Commission.
G.
Upon issuance of a final subdivision plan receipt, copies of the final plan and required supplementary data shall be officially submitted to the Borough Secretary (or his representative) by the subdivider or by his representative authorized in writing to submit the plan.
H.
Official submission of a final plan to the County Planning Commission shall comprise:
(1)
Submission of a completed application for review of final subdivision plan (copies of this form, Form S2, are available from the County Planning Commission).
(2)
Submission of three black-on-white or blue-on-white prints on paper of the final plan which shall comply with the requirements of § 335-15 of this chapter. In addition, one additional print of the final plan shall be submitted in each of the following circumstances:
(3)
Submission of one copy of all other required information and plans.
I.
Official submission of a final plan to the Borough shall comprise:
(1)
Submission of a completed application for review of final subdivision plan (copies of this application form, Form S2, are available from the County Planning Commission).
(3)
Submission of one copy of all other required information and plans.
(4)
Distribution of final plans submitted to the Borough. Upon the submission of the final plan to the Borough, the Borough Secretary shall refer one copy to the Borough Engineer, one copy to the Borough Zoning Officer and three copies to the Borough Planning Commission for recommendations as to changes, alterations and modifications, if any. The reports of the Borough Engineer and the Borough Zoning Officer shall be in writing and shall be submitted to the Borough Planning Commission prior to the regularly scheduled meeting at which the plan is to be considered by the Borough Planning Commission.
A.
By County Planning Commission.
(1)
When a final plan has been officially submitted, such plan shall be placed on the agenda of the County Planning Commission for review at its next scheduled meeting, provided that such official submission has occurred no less than six calendar days prior to such scheduled meeting.
(2)
At a scheduled public meeting, the County Planning Commission shall review the final plan. If the final plan and all supplementary data comply with all applicable requirements of this chapter, the County Planning Commission shall authorize the Executive Director to endorse the plan reviewed by the Berks County Planning Commission.
(3)
Within seven days after the meeting at which the final plan is reviewed by the County Planning Commission, the Executive Director shall send written notice to the following individuals of the action, including changes and modifications, if any, recommended by the County Planning Commission to be required by the Borough of Birdsboro:
(4)
If the final plan is recommended to be disapproved, reasons for such action shall be explicitly stated and, if deemed necessary, any modifications of the final plan recommended to be required by the Borough shall be noted as a sketch plan, copies of which shall be sent to the individuals listed in Subsection A(3) of this section.
B.
By Borough Planning Commission.
(1)
When a final plan has been officially submitted, such plan shall be placed on the agenda of the Borough Planning Commission for review at its next scheduled meeting, provided that such official submission has occurred no less than 10 calendar days prior to such scheduled meeting.
(2)
At a regularly scheduled meeting, the Borough Planning Commission shall review the final plan.
(3)
No official action shall be taken by the Borough Planning Commission with respect to a final plan until the Borough has received the written report of the County Planning Commission; provided, however, that if the County Planning Commission shall fail to report thereon within 30 days after issuing a final subdivision plan receipt, then the Borough Planning Commission may officially act without having received and considered such report.
(4)
During review of the final plan, the Borough Planning Commission shall also consider the written reports of the Borough Engineer and the Borough Zoning Officer while making its decision.
(5)
Within seven days after the meeting at which the final plan is reviewed by the Borough Planning Commission, the Borough Manager (or the Borough Secretary in his absence) shall notify the following of the action taken by the Borough Planning Commission regarding the final plan:
(6)
If all the requirements of this chapter are met and review is favorable, the Commission shall authorize its Chairman to endorse the plan reviewed and approved by the Birdsboro Planning Commission, together with the date of such action, and forward to Borough Council.
C.
By Borough Council.
(1)
When a final plan has been officially submitted to Borough Council by the Birdsboro Planning Commission, such plan shall be placed on the agenda of the Council for review at its next regularly scheduled meeting, provided that such official submission has occurred no less than seven calendar days prior to such regularly scheduled meeting.
(2)
At a regularly scheduled meeting, Borough Council shall review the final plan and the written reports thereon of the Borough Planning Commission, the County Planning Commission, the Borough Engineer and the Borough Zoning Officer.
(3)
Within seven days after the meeting at which the final plan is reviewed by Council, the Borough Manager (or the Borough Secretary in his absence) shall notify the following, in writing, of the action taken by Council regarding the final plan:
(4)
Before acting on a final plan, Council may arrange for a public hearing, giving such notice as it may deem desirable in each case.
(5)
Action by Council may be favorable, finally approving the plan, or disapproving the application of which the plan forms a part. The findings and reasons upon which Council's action is based shall be given in writing to the individuals and groups listed in § 335-9C(3) and also stated in the minutes of Council.
(6)
The action of Council shall be noted, together with the date of action and signature of the President and Secretary on the final plan. Copies of the final plan, with the appropriate endorsement of the Borough Council and the Borough Planning Commission shall be distributed as follows:
A.
After completion of the procedures required by this chapter, and after approval action by Borough Council and the Borough Planning Commission, and review action by the County Planning Commission, such endorsements shall be so indicated on the record plan and on as many other copies of the final plan as may be desired. No subdivision plan may be legally recorded unless it bears municipal and county endorsements and the corporate seal of the municipality.
B.
After the final plan has been approved by the appropriate Borough authorities and reviewed by the County Planning Commission, and before the final plan is endorsed by the Borough authorities and the County Planning Commission, the Borough and the County Planning Commission shall each receive one sepia reproduction of the final plan as approved by the Borough for their permanent files.
C.
The record plan shall be a clear and legible blue-on-white or black-on-white print on linen.
D.
After endorsement by the Borough and the County Planning Commission, the subdivider shall file the record plan with the County Recorder of Deeds within 30 days of the date of final approval by the Borough. If the subdivider fails to record the final plan within such period, the action of the Borough shall be null and void, unless an extension of time is granted in writing by the Borough upon written request by the subdivider.
A.
In the case of any proposed subdivision which does not involve the provision of any new street or easements for access (i.e., one in which all proposed lots will have frontage on an existing public street or road), the following procedure may, at the subdivider's discretion, be followed to obtain review of the plan by the Borough and by the County Planning Commission:
(1)
The subdivider shall prepare a sketch plan of the proposed subdivision in accordance with § 335-13 of this chapter.
(2)
Three copies of the sketch plan shall be submitted to the Borough Secretary (or his representative) by the subdivider or by his representative authorized in writing to submit the plan.
(3)
Upon submission of the sketch plan to the Borough Secretary (or his representative), the Borough Secretary shall refer one copy thereof to the Borough Planning Commission for investigation and recommendations as to changes, alterations and modifications. The third copy shall be retained for the permanent files and use of the Borough Council.
(4)
The sketch plan shall then be reviewed in accordance with the procedure outline in § 335-5 of this chapter.
(5)
Following receipt of notification that the sketch plan has been reviewed by the Borough Planning Commission, including any recommended or required changes or modifications, the subdivider shall deliver to the Borough a performance guarantee in accordance with § 335-7C(7) and a maintenance guarantee in accordance with § 335-7C(8) and, for this purpose, reference of preliminary plan and approval shall mean sketch plan approval.
B.
In the case of proposed subdivision of land by process of auction sale, the following procedure may be used by the subdivider:
(1)
The subdivider shall prepare and submit a preliminary plan in accordance with this chapter.
(2)
The preliminary plan shall comply with the requirements of § 335-14 and, in addition, shall contain the following notation:
This property is intended to be sold by auction on or about __________, 20_____, in whole or in part, according to this plan. Sale of lots at such auction shall be in the form of agreement to purchase, and no actual transfer of ownership or interest in such lots shall proceed until a final plan showing such division of the property shall have been approved by the Borough of Birdsboro in accordance with its regulations, and recorded in the office of the Recorder of Deeds of Berks County. |
(3)
The auction sale may then proceed in accordance with the above notation, after which the subdivider shall prepare and submit a final plan in accordance with this chapter.
Any replotting or resubdivision of land, including changes to recorded plans, shall be considered a subdivision and shall comply with this chapter, except that:
A.
Lot lines may be changed from those shown on a recorded plan, provided that, in making such changes:
(1)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by the Borough of Birdsboro Zoning Ordinance (Chapter 395).
(2)
Easements or rights-of-way reserved for drainage shall not be changed.
(3)
Street locations and block sizes shall not be changed.
(4)
No lot shall be created which does not abut a street.
(5)
The character of the area shall be maintained.
B.
In every case wherein lot lines are changed as permitted above, the subdivider shall:
(1)
Submit to the County Planning Commission a copy of the final plan revised to show such changes, whereupon the staff of the County Planning Commission will, in writing, advise the subdivider and the Borough Secretary (or his representative) if the revised plan complies with § 335-12A above.
(2)
When the plan does comply, prepare a record plan, submit the record plan to the Borough for the endorsements of the Borough Planning Commission and Borough Council and to the County Planning Commission for its endorsement (which shall specifically identify the previous record plan thus superseded), and then record the plan.