The plan requirements and processing procedures
shall be followed by subdividers as set forth herein and shall be
submitted to the official Planning Commission of the municipality
for review and approval prior to consideration or approval by the
governing body.
With the exception of minor subdivisions, at
the time of filing the preliminary application and the final application,
the applicant shall include a check payable to the Borough of Danville
in the amount specified in Schedule I hereof. Said fee shall be treated as a deposit against
the final review fee for the preliminary application and the final
application. Review fees shall include the reasonable and necessary
charges by the Borough's professional consultants for review and report
thereon to the Borough of Danville. Such fees shall also cover the
cost of inspection of improvements; provided, however, that the applicant
shall not be required to reimburse the Borough for any inspection
which is duplicative of inspections covered by other governmental
agencies or public utilities; the burden of proving that any inspection
is duplicative shall be on the applicant. In addition, fees charged
to the Borough relating to any appeal of a decision shall not be considered
review fees and may not be charged to the applicant.
A. Review fees shall be reasonable and in accordance
with the ordinary and customary charges for similar service in the
community, but in no event shall the fees exceed the rate or cost
charged by the professional consultant for comparable services to
the Borough for services which are not reimbursed or otherwise imposed
on applicants.
B. Changes in regulations following plat approval.
(1) When an application for approval of a plat, whether
preliminary or final, has been approved or approved without condition
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.
(2) The five-year period shall be extended for the duration
of any litigation, including appeals, which prevents the commencement
or completion of the development, and for the duration of any sewer
or utility moratorium or prohibition which was imposed subsequent
to the filing of any application for preliminary approval of a plat.
In the event of an appeal filed by any party for the approval or disapproval
of a plat, the five-year period shall be extended by the total time
from the date the appeal was filed until a final order in such matter
has been entered and all appeals have been concluded and any period
for filing appeals or requests for reconsideration have expired; provided,
however, that no extension shall be based on any water or sewer moratorium
which was in effect as of the date of the filing of a preliminary
application.
[Added 12-9-2002 by Ord. No. 447]
C. 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.
D. Where the landowner 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
governing body, 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 or lot, building, street or utility location.
E. 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 landowner 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 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 governing
body in its discretion.
F. 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 governing body
in its discretion. Provided that the landowner has not defaulted with
regard to or violated any of the conditions of the preliminary plat
approval, including compliance with the landowner's aforesaid schedule
of submission of final plats for the various sections, then the aforesaid
protections afforded by substantially completing the improvements
depicted upon the final plat within five years shall apply; and 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
or terms of three years from the date of final plat approval for each
section.
G. Failure of the landowner 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 other governing ordinance enacted by the municipality subsequent
to the date of the initial preliminary plan submission.
H. Applicability of ordinance amendments. When an application
for either special exception or a conditional use has been filed with
either the Zoning Hearing Board or the governing body, as relevant,
and the subject matter of such application would ultimately constitute
either a land development or a subdivision, no change or amendment
of the zoning, subdivision, or other governing ordinance or plans
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. Provided, further, should
such an application be approved by either the Zoning Hearing Board
or governing body, as relevant, the applicant shall be entitled to
proceed with the submission of either land development or subdivision
plans within a period of six months or longer or as may be approved
by either the Zoning Hearing Board or the governing body following
the date of such approval in accordance with the provisions of the
governing ordinances or plans as they stood at the time the application
was duly filed before either the Zoning Hearing Board or governing
body. If either a land development or subdivision plan is so filed
within said period, such plan shall be subject to the provisions of
Section 508(1) through (4) of the Pennsylvania Municipalities Planning
Code, as amended, and specifically to the time limitations of
said Section 508(4) which shall commence as of the date of filing
such land development or subdivision plan.
[Added 12-9-2002 by Ord. No. 447]
I. No application will be considered at a regular monthly
meeting of the Borough Planning Commission unless it has been submitted,
with required fees, not later than the first day of the month in which
consideration is requested, unless this requirement is waived by the
Planning Commission on a case-by-case basis.
[Added 1-9-2007 by Ord. No. 479]