[Amended 6-5-1991 by Ord. No. 104; 10-7-2009 by Ord. No. 2009-6]
A.
Preliminary and final plans for all proposed subdivisions of land
and land development lying within the Borough shall be filed with
the Planning Commission for review or approval.
B.
In addition to filing with the Planning Commission, such plans should
also be concurrently submitted to the appropriate officials of the
county for action or information of such officials, as appropriate.
C.
Provided that plans and necessary supporting data are filed not less
than 10 calendar days in advance of the meeting, plans will be considered
by the Planning Commission at its next regular meeting subsequent
to filing.
D.
The initial plan filed with the Planning Commission for subdivision of a tract shall be considered as a preliminary plan. However, if the plan and supporting data comply in all respects with the requirements for final plans (Article VIII), the Planning Commission may, in the case of small subdivisions involving no new streets, proceed to final action at the first consideration of the plan.
A.
Subdividers are urged to discuss possible development sites with
the Jacobus Borough Planning Commission prior to submission of the
preliminary plan.
B.
If desired, a sketch plan may be prepared and presented for review
and discussion at that time. Sketch plans should generally include:
C.
Such discussions and/or sketch plan review will be considered as
confidential between the subdivider and the Planning Commission. Submission
of a sketch plan shall not constitute formal filing of a plan with
the Planning Commission.
[Amended 10-7-2009 by Ord. No. 2009-6]
[Amended 6-5-1991 by Ord. No. 104]
A.
Submission of preliminary plan. The preliminary plan and all information
and procedures relating thereto shall, in all respects, be in compliance
with the applicable provisions of this chapter. It is the responsibility
of the subdivider to coordinate his plans pursuant to the provisions
of this chapter with the respective private and public service agencies.
B.
Approval of preliminary plan.
(1)
The Planning Commission will discuss the preliminary plan with the
subdivider or his agent and will review the plan to determine if it
meets the standards as set forth in this chapter. Review as applicable
by the County Planning Commission and approval by the Borough Planning
Commission shall jointly be required prior to approval of the plan.
[Amended 10-7-2009 by Ord. No. 2009-6]
(2)
The Borough Planning Commission shall provide its recommendations
to the applicant or his/her representative and to the Borough Council
in writing.
[Amended 10-7-2009 by Ord. No. 2009-6]
(4)
Approval of the preliminary plan shall constitute approval of the
subdivision as to the character and intensity of development, the
arrangement and approximate dimension of streets, lots and other planned
features, but shall not authorize sale of lots.
(5)
Should approval of the preliminary plan be subject to conditions,
the subdivider shall deliver or cause to be delivered to the Borough
a written acceptance or rejection of any conditions which were imposed.
Such written acceptance or rejection shall be delivered to the Borough
on or before the 15th day subsequent to the communication of or mailing
of the written decision containing the conditional approval of the
subdivision. Should the subdivider fail to so accept or reject such
conditions, approval of the preliminary plan shall be rescinded automatically.
(6)
After a review by the Borough Planning Commission, the Borough Council
shall decide whether to approve the preliminary plan, with or without
reasonable conditions, or whether to deny the application. The procedures
for notification of the applicant in the Pennsylvania Municipalities
Planning Code[1] shall be met.
[Added 10-7-2009 by Ord. No. 2009-6]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 6-5-1991 by Ord. No. 104]
A.
Within 48 months after Borough Council action on the preliminary
plan, a final plan and necessary supporting data shall be submitted
to the Planning Commission for final approval. Otherwise, the plan
submitted shall be considered as a new preliminary plan, unless an
extension of time has been granted by the Planning Commission upon
written request.
[Amended 10-7-2009 by Ord. No. 2009-6]
B.
The final plan shall conform in all important respects with the preliminary
plan as previously reviewed by the Planning Commission and shall incorporate
modifications and revisions specified by the Planning Commission in
its conditional approval of the preliminary plan. Otherwise, the plan
shall be considered as a revised preliminary plan.
[Amended 10-7-2009 by Ord. No. 2009-6]
C.
No plan shall be considered by the Borough Council unless it complies with the provisions of Article VIII of this chapter.
[Amended 10-7-2009 by Ord. No. 2009-6]
D.
The Borough Council or its designee shall send or provide written
notice to the applicant or his/her representative concerning the date
of the initial meeting at which the application is scheduled for review.
[Amended 10-7-2009 by Ord. No. 2009-6]
E.
The Planning Commission shall review the final plan at a scheduled
meeting.
[Amended 10-7-2009 by Ord. No. 2009-6]
F.
Whenever a plan is not approved or is recommended not to be approved,
reasons for such action or recommendation shall be explicitly stated.
The reasons shall cite to the provisions of the statute or ordinance
relied upon.
[Amended 10-7-2009 by Ord. No. 2009-6]
G.
The Planning Commission may permit submission of the final plan in
sections, each covering a portion of the entire proposed subdivision
as shown on the preliminary plan.
[Amended 10-7-2009 by Ord. No. 2009-6]
H.
Should approval of the final plan be subject to conditions, the subdivider
shall deliver or cause to be delivered to the Borough a written acceptance
or rejection of any conditions which were imposed. Such written acceptance
or rejection shall be delivered to the Borough on or before the 15th
day subsequent to the communication of or mailing of the written decision
containing the conditional approval of the subdivision. Should the
subdivider fail to so accept or reject such conditions, approval of
the final plan shall be rescinded automatically.
I.
After a review by the Borough Planning Commission, the Borough Council
shall decide whether to approve the final plan with or without reasonable
conditions or whether to deny the application. The procedures for
notification of the applicant in the Pennsylvania Municipalities Planning
Code[1] shall be met.
[Added 10-7-2009 by Ord. No. 2009-6]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 6-5-1991 by Ord. No. 104]
A.
Within 90 days after Borough Council approval of a final plan, the
plan must be filed for recording by the subdivider with the York County
Recorder of Deeds. Should the plan not be recorded within such period,
the action of the Borough Council shall become null and void.
[Amended 10-7-2009 by Ord. No. 2009-6]
B.
The record plan shall be an exact copy of the approved final plan on map material acceptable to the York County Recorder of Deeds, prepared in accordance with the provisions of Article VIII of this chapter.
C.
All signatures on the record plan shall be original and shall be
written in black ink, and all seals shall be impressed or raised seals.
For any replatting or resubdivision of land, the same procedure,
rules and regulations shall apply as prescribed herein for an original
subdivision, except that lot sizes may be varied on an approved plan
after recording, provided that:
A.
No lot or tract of land shall be created or sold that is smaller
than the size as shown on the approved plan;
B.
Drainage easements or rights-of-way shall not be changed;
C.
Street alignment and block sizes shall not be changed;
D.
The property lines between the backs of the lots shall not be changed;
E.
The rear portion of lots shall not be subdivided from the front part;
and
F.
The character of the area shall be maintained.
[Added 5-1-2002 by Ord. No. 2002-153]
A.
Fee resolution.
(1)
The Borough Council shall establish by resolution a collection procedure
and schedule of fees to be paid by the applicant at the time of submission
of all plans.
[Amended 10-7-2009 by Ord. No. 2009-6]
(2)
Fees for all other permits required for and by the Borough shall
be established by the resolution.
(3)
Said schedule of fees shall be posted in the Borough office.
B.
Engineering fees. Engineering fees required to be paid in accordance
with this chapter shall be paid to the Borough by the applicant for
the below-listed services:
(1)
Reviewing all information submitted in conformance with the provisions
of this chapter. This includes all originally submitted and revised
plans, reports and specifications.
(2)
Inspecting the layout of the site for conformance to the submitted
survey, plan and specifications.
(3)
Reviewing planning modules for land development.
(4)
Reviewing cost estimates of required improvements as submitted by
the developer.
(5)
Inspecting required improvements during construction.
(6)
Final inspections of completion of installation of the required improvements.
(7)
Such other technical services as deemed necessary or required by
the Borough and/or the Jacobus Borough Sewer Authority.
C.
Legal fees. Legal fees incurred by the Borough for the review of
all information submitted for conformance with the provisions of this
chapter, or other similar services, shall be paid to the Borough by
the applicant.
