All subdivision and land development plats shall be reviewed
by the Borough Planning Commission and shall be approved or disapproved
by the Borough Council in accordance with the procedure specified
in this chapter and the Municipalities Planning Code. Any plans not
processed as required hereafter shall be null and void, unless made
prior to the adoption of these regulations. Whenever there is a difference
between the minimum standards specified herein and those included
in other Borough regulations or ordinances, the most stringent requirements
shall apply.
At the time of filing, all plats shall be accompanied by a check
payable to Bellefonte Borough in the amount specified herein to defray
the cost of reviewing the proposed plats and required data.
A. Submission fee.
(1) A submission fee schedule shall be established by resolution of the
Borough Council.
(2) No plat shall be considered as officially submitted until the required
submission fee is paid in full.
(3) The submission fee schedule shall be posted in the office of the
Borough Zoning Officer and in such other places as the Borough may
designate.
B. Engineering fee.
(1) Prior to the final approval of any final plan, the applicant shall
pay by check payable to Bellefonte Borough an amount determined or
approved by the Borough Engineer as sufficient to cover the costs
of reviewing the engineering details of the plat; inspecting the site
layout for conformance with the plat; preparing cost estimates of
required improvements; inspecting required improvements during installation;
final inspection on completion of installation of required improvements;
and other engineering verifications required by this or other Borough
ordinances.
(2) Such fee shall be reasonable and in accordance with the ordinary
and customary charges by the Borough Engineer for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the Engineer to the Borough when fees are not reimbursed
or otherwise imposed on applicants.
(3) In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Borough Secretary, in writing, that such fees are disputed. In
which case, the Borough shall not delay or disapprove a subdivision
or land development application due to the applicant's request
over disputed fees.
(4) In the event that the Borough and the applicant cannot agree on the
amount of review fees which are reasonable and necessary, such dispute
shall be resolved in accordance with the procedures established in
Section 510(g) of the Municipalities Planning Code.
C. Other fees.
(1) Fees for all other permits required for and by the Borough for opening
of roads, connecting to municipal sewers, building construction, etc.,
shall also be paid to the Borough, as specified.
(2) The applicant at the time of application shall agree to cover the
cost of advertising the ordinance accepting the deed of dedication
of applicable required improvements and its recording costs.
(3) At the time of filing, all plats shall be accompanied by a check
payable to the Centre County Planning Commission in the amount specified
by the County for the review and report by the County Planning Commission.
The following development activities may submit for preliminary
and final plat approval in one application:
A. In the case of any new development that does not involve the provision
of new streets or easements for access (i.e., one in which all proposed
lots will have frontage on an existing public street or road);
B. When five or fewer lots are proposed to be subdivided from a tract
of land or where land is being transferred to be combined with an
existing lot; and
C. When the new development involves the conversion of an existing building
into three or more units.
The provisions of these regulations are intended as minimum
standards for the protection of the public health, safety and welfare.
Recognizing that standards change and new standards may arise, the
Planning Commission reserves the right to modify standards or extend
reasonable conditions in individual cases as may be necessary for
the public interest. Such modifications and conditions shall be recorded
and transmitted to the Borough Council for approval. Upon approval
by Council, said modifications and conditions shall be defined and
entered on the final plat for recording.
Waivers to the literal terms of this chapter may be granted
in accordance with the provisions of Section 512.1 of the Municipalities
Planning Code.
The Borough Council, acting through its designated official,
shall have the exclusive right to enforce this chapter, pursuant to
Section 515.3 of the Municipalities Planning Code. In addition, the following requirements shall apply:
A. Remedies to effect completion of improvements. Remedies to effect
completion of improvements which may be required but have not been
installed as provided in this chapter or in accordance with the approved
final plat are specified in Section 511 of the Municipalities Planning
Code.
B. Preventative remedies. Preventative remedies to restrain, correct
or abate violations, to prevent unlawful construction, to recover
damages, and to prevent illegal occupancy of a building, structure
or premises are specified in Section 515.1 of the Municipalities Planning
Code.
Any appeal from a decision or action of the Borough Council
or of any officer or agency of the Borough in matters pertaining to
this chapter shall be made in accordance with the provisions of the
Municipalities Planning Code.