A.
The procedures established in this article are intended
to define the steps by which a developer shall design, make an application
for approval of, record plats for and construct improvements and by
which the municipality may review, make recommendations, approve plans
and otherwise administer these regulations and this chapter.
B.
From the date of passage of this chapter, the following
procedures shall be observed by all developers. All plots shall be
reviewed and approved by the municipality. Any approval not processed
as required hereinafter shall be deemed null and void unless such
approval was given prior to the adoption of this chapter.
C.
For those subdivisions hereinafter classified as minor
subdivisions, a sketch plan and abbreviated final plan procedure is
established. For all others which are classified as major subdivisions
or land developments, a preliminary plan and final plat procedure
is established. See the Appendix for sample plans.[1]
[1]
Editor's Note: The sample plans are on file
and available for inspection in the office of the Borough Secretary.
A.
Grubbing and grading. No developer or landowner in the Borough of Old Forge shall proceed with any significant grubbing and/or grading of land before obtaining approval of a preliminary development plan for such from the municipality. (See §§ 305-23 and 305-24 of this chapter for specific grading requirements.)
B.
Access, drainage, geology and topography.
(1)
No land shall be subdivided for residential use unless
adequate access to such land exists or will be provided by the subdivider
over improved public streets or thoroughfares which are consistent
with the design standards hereinafter set forth. In no event shall
land be subdivided for residential use if such land is considered
by the municipality to be harmful to the health and safety of possible
residents and the community as a whole for such use by reason of flooding,
mine fires, mine subsidence, toxic waste site, improper drainage,
objectionable earth and rock formations, topography or any other geological
hazard or like feature.
(2)
Where any area within the proposed subdivision is
known to be subject to flooding, such area shall be clearly marked
"Subject to Periodic Flooding" on the development plan and shall not
be plotted in the streets and lots. Land which normally will be inundated
less frequently than once in five years may be used for recreational
areas or for recreational residential lots. In any event, easements
must be reserved from the normal flow line to the annual high-water
flow line of any watercourse or lake.
C.
Recording of deeds.
(1)
No lots shall be delivered and no agreements for sale
shall be made for lots in any subdivision prior to the approval by
the municipality of the final plan for the proposed subdivision.
(2)
The municipality will work with the County Recorder
of Deeds, with local title insurance agencies and with the County
Bar Association, in accordance with Act 247,[1] to prevent the recording of deeds resulting from unapproved
subdivisions of land in the Borough.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
The municipality shall make available to developers, upon request and for a reasonable fee, copies of this chapter, Chapter 350, Zoning, other adopted plans, street maps and other information which may affect the development of the property under consideration. Applications for approval of a subdivision or land development shall, in any case, be in accord with these regulations, other codes and plans, as adopted.
B.
Prior to the formal submission of a subdivision or
land development plan for review and approval, the subdivider is urged
to submit a sketch plan to the municipality for advice on the requirements
necessary to achieve conformity with the standards of these regulations
as well as to alert the subdivider as early as possible to factors
which must be considered in the design of a subdivision, such as pertinent
elements of any county or municipal land use, thoroughfare or other
community plans. Review of a sketch plan is an informal, advisory
process to guide the subdivider in the eventual preparation of a more
easily and readily accepted formal preliminary or final plan. In any
case, the submission of a sketch plan is not required by the procedures
of this chapter.
C.
Sketch plans and subsequent official minor and major
subdivision and land development plans should be accompanied by any
letters of transmittal or development details necessary to explain
existing or proposed site conditions which are not self-explanatory
on the actual sketch or minor or major subdivision or land development
plan.
D.
Developers are also advised to consult early in the
development planning process with such other regulatory bodies as
may have jurisdiction over the development and whose approval is required
prior to obtaining municipality approval of plans. These may include
but are not limited to the Borough Sewage Enforcement Officer, the
municipal and/or regional sewer authority, the Borough Zoning Officer
and Code Enforcement Officer, PennDEP, the Lackawanna County Conservation
District and PennDOT.
A.
Classification.
(1)
A division of land to facilitate a lot addition or
a land exchange or a division of land which adjoins an existing public
street and does not involve the opening, widening, extension or improvement
of any street or the installation of any public utility outside the
frontage road and does not involve more than four lots or dwelling
units (except that subdivision of lots from a property after five
or more lots have been previously subdivided is a major subdivision)
shall be deemed to be a minor subdivision or land development.
(2)
Dedication or establishment of an unimproved right-of-way
or easement shall be a minor subdivision or land development. Replatting,
resubdivision or revision of four lots or fewer shall also be considered
a minor subdivision or land development. Construction or conversion
of multifamily housing on a division of land which adjoins an existing
public street and does not involve the opening, widening, extension
or improvement of any street or the installation of any public utility
outside the frontage road and does not involve more than four dwelling
units shall also be considered a minor subdivision or land development.
Any other multifamily housing, including all group living facilities,
and all commercial, industrial and mobile home park development shall
be a major, not minor, subdivision or land development, regardless
of the number of lots or units created, if any.
B.
Application.
(1)
A final plat complying with the requirements set forth
in this chapter shall be prepared for each minor subdivision or land
development, and an application for approval of said plat shall be
filed with the municipality.
(2)
When filing an application for approval of a minor
subdivision or land development, the subdivider shall submit to the
municipality one Mylar or original and 11 blue-line paper prints of
the proposal on sheets no larger than 18 inches by 24 inches.
(3)
Application and review fees, as set forth in Article IX of this chapter, shall be paid to the Borough Secretary concurrent with the submission of an application for the approval of minor subdivision or land development plans to the municipality for consideration. The date on the developer's receipt from the Borough Secretary for fees paid for an application shall also be the date marking the time periods for action on said application by the municipality. Certification to the municipality that such fees have been paid shall also form part of the developer's application.
(4)
In order to streamline the review process, a copy
of an application for final approval of a minor subdivision or land
development may be sent by the applicant directly to the Lackawanna
County Regional Planning Commission with the required fee. Such a
submission, properly documented with an application, will trigger
the timetable for the County Planning Commission's mandatory review
of the application.
C.
Review.
(1)
Upon receipt of a complete application for a minor
subdivision or land development plan, the Borough Secretary shall
transmit the application documents to the Borough Planning Commission,
which shall begin to review the plan for compliance with this chapter
and study the practicability of the plan, taking into consideration
the requirement, location and width of streets, their relation to
the topography of the land, the preservation of natural features,
sewage disposal, water supply, drainage, lot sizes and arrangements,
the future development of adjoining lands and the requirements of
the development plan.
(2)
A copy of the plan will also be forwarded by the Borough
Secretary to the Lackawanna County Regional Planning Commission for
its review and comment. Where applicable, the plan may also be forwarded
to the Borough Engineer, the Borough planning consultant, the Natural
Resources Conservation Service, the municipal and/or regional sewer
authority, PennDEP, PennDOT or other agencies for review and comment.
Review comments may be used as substantiation for plan approval or
disapproval.
(3)
Review of the minor subdivision or land development
plan by the Borough Engineer, when requested by the municipality,
may help the municipality in determining the adaptability of the proposed
development to the engineering design standards and criteria currently
required by the Borough. In reviewing the project plan, the Engineer
shall apply such judgment and specification interpretation as may
be necessary to clarify the intent of the engineering requirements.
(4)
A report shall be made to the Borough Secretary for distribution to the Borough Planning Commission and, in the case of a major subdivision or land development, to the Borough Council within 30 days after a referral, unless the Engineer is actively engaged in collecting data not supplied by the developer. The cost of any required engineering review work shall be paid by the developer to the Borough in accordance with the fee schedule set forth in Article IX of this chapter. Prior to authorizing a project review by the Engineer which would require the collection of extensive new data, the Borough shall provide the developer 30 days to furnish the required information to the Borough Engineer in sufficient depth and suitable form.
(5)
Review of the minor subdivision or land development
plan by the Borough planning consultant, when requested, may help
the municipality in determining the adaptability of the proposed development
to the planning and urban design standards and criteria currently
required by the Borough. In reviewing the project plan, the planning
consultant shall apply such judgment and specification interpretation
as may be necessary to clarify the intent of the planning and urban
design requirements.
(6)
A report shall be made to the Borough Secretary for distribution to the Borough Planning Commission and to the Borough Council within 30 days after a referral, unless the planning consultant is actively engaged in collecting data not supplied by the developer. The cost of any required planning consultant review work shall be paid by the developer to the Borough in accordance with the fee schedule set forth in Article IX of this chapter. Prior to authorizing a project review by the planning consultant which would require the collection of extensive new data, the Borough shall provide the developer 30 days to furnish the required information to the Borough planning consultant in sufficient depth and suitable form.
(7)
Review and report of plans by the County Planning
Commission shall be completed and forwarded to the municipality within
30 days from the date the application was forwarded to the County
Planning Commission. The municipality shall not approve such applications
until the County Planning Commission report is received or until the
expiration of 30 days from the date the application was forwarded
to the County Planning Commission.
(8)
After completion of its review process, the Borough Planning Commission shall vote to recommend approval or disapproval of the application by the Borough Council. If the Planning Commission's evaluation of an application resulted in recommendations of approval pending changes to the proposed plan, such changes shall be included in the Planning Commission's recommendation of approval to the Borough Council and shall be in the format provided for in Subsection D below. Should the Planning Commission vote to recommend denying approval of an application, then the reasons for recommending a denial should also be included in the Planning Commission's recommendation to Borough Council.
(9)
The Old Forge Borough Council shall have the authority
to determine the municipality's approval or disapproval of any final
plan for a minor subdivision or land development that may come before
the municipality.
D.
Approval or disapproval.
(1)
After an application for approval of a plat of a minor
subdivision or land development has been filed with the Borough Secretary,
together with all maps, necessary data and fees, the plan shall be
reviewed and processed. The subdivider or developer shall pay required
review fees to the Borough Secretary at the time of official submission
of the application for plat approval, and official submission shall
not be deemed to have been made until written certification of receipt
by the Borough of all the required review fees.
(2)
Before acting on any minor subdivision or land development
plan, the Planning Commission may, at its sole discretion, arrange
for a public hearing thereon, after giving at least seven days' notice
of such hearing.
(3)
The Borough Council, on its own or upon recommendation
by the Borough Planning Commission, may alter any subdivision or land
development plan and specify changes or modifications therein which
it deems necessary and may make its approval subject to such alterations,
changes or modifications.
(4)
The municipality shall complete the review and either
approve or disapprove the plat not later than 90 days after the date
of the regular meeting of the Planning Commission next following the
date of the official submission of the application, provided that,
should said next regular meeting occur more than 30 days following
the official submission and filing of an application, said ninety-day
period shall be measured from the 30th day following the day that
such application submission is officially submitted and filed. Where
practical, the Borough Planning Commission shall complete its review
and vote its recommendation at its meeting which precedes the last
regular meeting of Borough Council prior to the expiration of the
ninety-day review period for a given application. The decision of
the Borough Council shall be in writing and shall be communicated
to the applicant personally or mailed to him or her at his or her
last known address not later than 15 days following the decision.
(5)
The decision shall state:
(a)
The specific changes, if any, it will require
in the plan.
(b)
The character and extent of the required public
improvements.
(c)
The amount of construction or improvements.
(d)
The amount and terms of the performance bonds
or other security which the municipality may require, among other
conditions in the public interest, and prerequisite to the approval
of the final plan to be submitted subsequently.
(6)
The written recommendation of the Borough Planning
Commission to the Borough Council shall follow this same format and
shall be meant to serve as the basis for the written decision of the
Borough Council approving or disapproving the plan, as required above.
(7)
Approval of the minor subdivision or land development plan shall constitute 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 but shall not authorize the sale of lots until the approved plan is recorded and the municipality is in receipt of the Recorder's certificate in a timely fashion as provided for below in Subsection F.
(8)
When the application is approved, it shall be appropriately signed and dated, and copies shall be distributed according to Subsection G of this section. When the application is disapproved, 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 the provisions of this chapter relied upon. A disapproved copy of the subdivision or land development plan shall be retained by the municipality, one copy shall be sent to the County Planning Commission, and the remaining copies shall be returned to the subdivider, developer and/or his or her agent.
(9)
Failure of the municipality to render a decision and
communicate it to the applicant within the time and in the manner
required herein shall be deemed approval of the application in the
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.
E.
Application withdrawal.
(1)
Removal or withdrawal of the subdivision or land development
plan from the approval process by the subdivider, developer and/or
his or her agent shall be considered withdrawal of the plan application,
shall not obligate the municipality to approve or disapprove the plan
within the herein-described timetable and shall not result in a deemed
approval when 90 days have elapsed.
(2)
Upon knowledge of plan withdrawal, the municipality
shall notify, in writing, the subdivider or land developer that plan
withdrawal has disrupted the approval process, and no approval or
disapproval will be rendered unless the subdivision or land development
plan is resubmitted as a new application.
F.
Recording.
(1)
After approval of a minor subdivision or land development
plan by the municipality, the Mylar copy shall be placed on record
in the Planning Commission office and the clothback print shall be
filed and recorded by the developer in the office of the County Recorder
of Deeds, said recording to occur within 90 days of the final or deemed
approval date of the plan or the approval shall be null and void.
Within 10 days thereafter, the developer shall furnish the municipality
and the Lackawanna County Regional Planning Commission with a Recorder's
certificate that said plan is properly recorded.
(2)
Whenever such plat approval is required by this chapter, the Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the approval of the municipality. Likewise, whenever plan review and comment by the County Planning Commission is required by municipal ordinance (§ 305-11C), the Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the review of the County Planning Commission.
G.
Distribution of approved plats. Copies of an approved
plat shall be sent to the applicant and to the Lackawanna County Regional
Planning Commission. Additional copies may be distributed to PennDOT,
the County Emergency Management Agency, Borough Fire Companies, County
Assessment Office, Pennsylvania Gas and Water Company, Pennsylvania
Power and Light Company, Bell of Pennsylvania or other utility or
related agency making timely request for copies.
H.
Expiration of approval. After a period of two years,
if the development proposed and approved in a minor subdivision plan
has not been completed, the approval shall expire, unless a formal
extension of approval is requested of the municipality in writing
at least 90 days prior to its expiration and is approved by the municipality
during that ninety-day period. No such extension of the expiration
of approval of a minor subdivision plan shall be for more than 12
additional months.
A.
Classification. Any subdivision or land development
involving more than four lots or dwelling units; or any subdivision
or land development on a property after four or more lots or dwelling
units have previously been subdivided from that property; or any subdivision
or land development proposing the opening, widening, extension or
improvement of a street shall be deemed to be a major subdivision
or land development. Multifamily housing of five or more units, a
group living facility, mobile home park, or commercial and/or industrial
development shall be considered a major subdivision or land development,
regardless of the number of units created or whether or not such development
includes the subdivision of land.
B.
Application.
(1)
A preliminary plat complying with the requirements
set forth in this chapter shall be prepared for each major subdivision
or land development and an application for approval of said preliminary
plan filed with the municipality.
(2)
When filing an application for preliminary approval
of a major subdivision or land development, the subdivider shall submit
to the municipality one Mylar or original and 11 blue-line prints
of the proposal. As part of the submission, the subdivider shall also
submit 11 sets of the written improvement plan (if not contained on
the blue-line sheets) containing detailed written descriptions of
the physical site improvements (roadways, utilities, etc.) proposed
for the subdivision or land development. All blue-line sheets shall
be 18 inches by 24 inches or 24 inches by 36 inches. In order to streamline
the review process, a copy of an application for preliminary approval
of a major subdivision or land development may be sent by the applicant
directly to the Lackawanna County Regional Planning Commission with
the required fee. Such a submission, properly documented with an application,
will trigger the timetable for the County Planning Commission's mandatory
review of the application.
C.
Review.
(1)
Upon receipt of the application for preliminary approval
of a major subdivision or land development plan, the Borough Secretary
shall transmit the application documents to the Borough Planning Commission,
which shall begin to review the plan for compliance with this chapter.
A copy of the plan will also be forwarded to the Lackawanna County
Regional Planning Commission for its review and comment if the applicant
has not already done so. Where applicable, the plan may also be forwarded
to the Borough Engineer, the Borough planning consultant, the Natural
Resources Conservation Service, the municipal and/or regional sewer
authority, PennDEP, PennDOT or other agencies for review and comment.
Review comments may be used as substantiation for plan approval or
disapproval.
(2)
Review and report of plans by the Lackawanna County
Regional Planning Commission shall be completed and forwarded to the
Borough Planning Commission within 30 days from the date the application
was forwarded to the Lackawanna County Regional Planning Commission.
The municipality shall not approve such application until the County
Planning Commission report is received or until the expiration of
30 days from the date the application was forwarded to the County
Planning Commission.
(3)
After completion of its review process, the Borough Planning Commission shall vote to recommend approval or disapproval of the application by the Borough Council. If the Planning Commission's evaluation of an application resulted in recommendations of approval pending changes to the proposed plan, such changes shall be included in the Planning Commission's recommendation of approval to the Borough Council and shall be in the format provided for in Subsection D below. Should the Planning Commission vote to recommend denying approval of an application, then the reasons for recommending a denial should also be included in the Planning Commission's recommendation to Borough Council.
D.
Approval or disapproval.
(1)
After an application for preliminary approval of a plat of a major subdivision or land development has been officially filed with the municipality, together with all improvement plans, maps, necessary data and fees, the municipality shall complete the review in accordance with the procedure outlined in § 305-12C and either approve or disapprove the plan in accordance with the procedure outlined in § 305-12D and E.
(2)
The decision shall state:
(a)
The specific changes, if any, it will require
in the plan.
(b)
The character and extent of the required public
improvements.
(c)
The amount of construction or improvements.
(d)
The amount and terms of the performance bonds
or other security which the Planning Commission may require, among
other conditions in the public interest, and prerequisite to the approval
of the final plan to be submitted subsequently.
(3)
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 but shall not authorize
the sale of lots.
E.
Recording.
(1)
After approval of a preliminary plan for a major subdivision
or land development plat by the Planning Commission, recording of
the preliminary plan is not authorized.
(2)
Approval of the preliminary plan shall assure the
subdivider for a period of three years from the date of approval that:
(a)
The general layout of streets, lots and other
features is approved and shall be the basis for the preparation of
the final plan;
(b)
The general terms and any special conditions
under which the approval of the plan was granted will not be changed;
and
(c)
The subdivider may install improvements in accordance with the approved preliminary plan and other requirements contained in this chapter, including the posting of proof of necessary insurance with the Borough prior to the start of any construction as provided for in § 305-34 of this chapter. Failure to provide such proof of insurance prior to the start of construction of improvements will constitute a breach of the terms of the preliminary plan approval and would be cause for the municipality to initiate enforcement action per the terms of § 305-47 of this chapter.
(3)
Approval of a preliminary plan does not constitute
approval of the final plan and therefore does not authorize the recording
of the subdivision or land development plan or the sale or transfer
of lots.
F.
Expiration of approval. After a period of three years,
approval of the preliminary plan shall expire, unless the developer
shall petition the municipality, in writing, for a maximum one-year
extension. Such petition must be received at least 90 days prior to
the expiration of preliminary plan approval. The municipality may
grant two such one-year extensions only.
A.
Classification. Any subdivision or land development
involving more than four lots or dwelling units; or any subdivision
or land development on a property after four or more lots or dwelling
units have previously been subdivided from that property; or any subdivision
or land development proposing the opening, widening, extension or
improvement of a street; or any subdivision or land development proposing
multifamily housing of five or more units shall be deemed to be a
major subdivision or land development, whether or not such development
includes the subdivision of land. A group living facility, a mobile
home park and all commercial and industrial development shall be considered
a major subdivision or land development, regardless of the number
of lots or units, if any, created.
B.
Application.
(1)
Within three years after the approval of the preliminary plan, a final plan with all necessary supplemental data shall be officially submitted to the municipality with an application requesting approval. Failure to submit an application for final plan approval within three years of the date of an approval of the preliminary plan shall void the preliminary approval, unless extended, in writing, by the municipality per § 305-13F above. Said expired or voided preliminary plan shall not be used as a basis for any development or construction or for the issuance of any permits therefor. Any subsequent development on the affected site shall be preceded by a new application to the Borough for preliminary plan approval.
(2)
When filing an application for a final approval of
the major subdivision or land development, the subdivider or developer
shall submit to the municipality two Mylar copies or originals and
11 blue-line paper prints of each page of the proposal on sheets of
18 inches by 24 inches.
(3)
In order to streamline the review process, a copy
of an application for final approval of a major subdivision or land
development may be sent by the applicant directly to the County Planning
Commission with the required fee. Such a submission, properly documented
with an application, will trigger the timetable for the County Planning
Commission's mandatory review of the application.
(4)
The subdivider or developer may apply for final approval
of only a portion, section or phase of the entire subdivision or land
development as preliminarily approved or the entire subdivision or
land development. Applications should be appropriately marked.
(5)
The subdivider or developer shall also agree to maintain
and repair all streets within the development prior to their official
dedication to and acceptance by the municipality.
C.
Review.
(1)
Upon receipt of the final plan, the Borough Secretary
shall transmit the application documents to the Borough Planning Commission,
which shall begin to review the plan for compliance with this chapter.
The final plan shall be examined for conformity with the preliminary
plan, for design and detail of required site improvements and for
adherence to other standards of this chapter. The plan shall also
be examined to determine if the required site improvements have been
installed or, in lieu thereof, a bond or financial security has been
submitted.
(2)
A copy of the plan will also be forwarded to the County
Planning Commission for its review and comment if the applicant has
not already done so. Where applicable, the plan may also be forwarded
to the Borough Engineer, the Borough planning consultant, the Natural
Resources Conservation Service, the municipal and/or regional sewer
authority, PennDEP, PennDOT or other agencies for review and comment.
Review comments may be used as substantiation for plan approval or
disapproval.
D.
Approval or disapproval.
(1)
After an application for final approval of a plat of a major subdivision or land development has been officially filed with the municipality, approval or disapproval shall be granted in accordance with § 305-12D of this chapter.
(2)
However, no plat shall be finally approved unless
the streets on such plat have been improved as may be required by
ordinance and any walkways, curbs, gutters, streetlights, fire hydrants,
shade trees, landscaping, water mains, sanitary sewers, storm sewers,
stormwater management facilities and other site improvements as may
be required by this chapter and any applicable municipal requirements
have been installed in accordance with such requirements.
(3)
In lieu of the completion of any site improvements required as a condition for the final approval of a plat, a financial security shall be deposited by the subdivider/developer with the municipality in an amount to cover the costs of any site improvements which may be required by ordinance. Such financial security shall provide for and secure to the public the completion of any site improvements which may be required for the subdivision or land development. Financial improvement guaranties shall further be subject to the requirements of § 305-33 of this chapter and Sections 509 through 511 of Act 247.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509
through 10511.
(4)
Approval of a final plan by the municipality shall
not be deemed to constitute or effect an acceptance by the municipality
of the dedication of any street or other proposed public way, space
or area shown on said final plan.
E.
Recording.
(2)
Recording shall entitle the subdivider to sell, transfer
or develop the land shown on the plat in accordance with the approved
plat, subject to any conditions attached thereto. Where final plans
are approved for only a portion, section or phase of the entire subdivision
or land development, sale, transfer or development may proceed only
on that approved portion, section or phase.
(3)
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.
F.
Impact of changes in municipal ordinances. Changes
in municipal subdivision, zoning, other governing ordinance or plan
shall affect subdivision and land development plats as follows:
(1)
From the time an application for approval of a plat,
whether preliminary or final, is duly filed as provided for in this
chapter, and while such application is pending approval or disapproval,
no change or amendment of the zoning, subdivision or other governing
ordinance or plan of the municipality shall affect the decision on
such application adversely to the applicant, and 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. In addition, when a preliminary application has been
duly approved, the applicant shall be entitled to final approval in
accordance with the terms of the approved preliminary application
as hereinafter provided; however, if an application is properly and
finally denied, any subsequent application shall be subject to the
intervening change in governing regulations.
(2)
When an application for approval of a plat, 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 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.
(3)
Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the
preliminary approval. In the case of any doubt as to the terms of
a preliminary 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.
(4)
Where the developer has substantially completed the
required improvements as depicted upon the final plat within the aforesaid
five-year limit or any extension thereof as may be granted by the
municipality, no change of municipal ordinance or plan enacted subsequent
to the date of filing of the preliminary plat shall modify or revoke
any aspect of the approved final plat pertaining to zoning classification
or density, lot, building, street or utility location.
(5)
In the case of a preliminary plat calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the developer with the preliminary plat delineating
all proposed sections as well as deadlines within which applications
for final plat approval of each section are intended to be filed.
Such schedule shall be updated annually by the applicant on or before
the anniversary date of the preliminary plat approval until final
plat approval of the final section has been granted, and any modification
in the aforesaid schedule shall be subject to approval of the municipality
in its discretion.
(6)
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 depicted on the preliminary
plan, unless a lesser percentage is approved by the municipality in
its discretion. Provided that the developer has not defaulted with
regard to or violated any of the conditions of the preliminary plat
approval, including compliance with developer's aforesaid schedule
of submission of final plats for the various sections, then the aforesaid
protections afforded by substantially completing the improvements
depicted on the final plat within five years shall apply. For any
section or sections beyond the initial section in which the required
improvements have not been substantially completed within said five-year
period, the aforesaid protections shall apply for an additional term
of three years from the date of final plat approval for each section.
(7)
Failure of the developer to adhere to the aforesaid
schedule of submission of final plats for the various sections shall
subject any such section to any and all changes in zoning, subdivision
and any other governing ordinance or plan enacted by the municipality
subsequent to the date of the initial preliminary plan submission.
G.
Action on the approved final plan by the municipality
on acceptance of streets.
(1)
Subsequent to its approval of the final plan, the
municipality shall maintain four prints of the final plan, together
with appropriate certificates of title for action on any proposed
dedications. The municipality shall return three approved prints of
the final plan to the Planning Commission. The Commission shall return
two of the approved prints to the developer. Should the municipality
not accept the proposed dedications, the developer may amend said
final plan and resubmit the same to the municipality for its review
and approval.
(2)
The developer shall maintain any and all improvements
and/or infrastructure for a period of 18 months prior to offering
them to the Borough for dedication. The deed of dedication to the
municipality shall be tendered by the owner only after all surfacing,
curbs, sewers, sidewalks and other required improvements shall have
been installed or constructed and certified as satisfactory by the
Municipal Engineer at the time of their construction or installation.
If, at the end of this eighteen-month period of developer maintenance
and after reinspection and recertification by the Municipal Engineer,
said improvements and/or infrastructure meet the requirements of this
chapter, they must be accepted by the Borough.
H.
Approval granted prior to passage of ordinance. A
subdivision planned, constructed or designed in compliance with existing
laws prior to the passage of this chapter shall be deemed to be legal,
provided that:
(1)
The preliminary or final plans have been approved
by a proper and duly recorded resolution of the Borough Council;
(2)
Construction within the subdivision has been initiated
within six months from the date of passage of this chapter or within
five years from the date of approval of the preliminary plan, whichever
is the later date; and
(3)
The subdivision shall have been completed to the satisfaction
of the municipality within a period of two years from the passage
of this chapter or within three years from the date of approval of
the final plan, whichever is the later date.
