A preliminary plan will be required for all subdivisions and land developments in the Borough of New Britain. The preliminary plan and all information and procedures relating thereto shall be in compliance with the applicable provisions of Chapter
450, Zoning, of the Code of the Borough of New Britain, and this chapter. The requirements of preliminary plans are set forth in Article
VII of this chapter. The procedure for preliminary plan approval is as follows:
A. The applicant prepares a preliminary plan and application. The applicant
submits copies of the preliminary plan and application to the Borough
at least 10 calendar days in advance of the New Britain Borough Planning
Commission meeting.
(1) The application shall be made on forms available at the Borough office
and shall be received by the Zoning Officer at the Borough office.
(2) The application shall be accompanied by a statement from the appropriate
agency indicating that the proposed subdivision or land development
will be served with public water, if public water is available.
(3) The application shall be accompanied by a statement from the appropriate
agency indicating that the proposed subdivision will be served with
public sanitary sewers, if public sanitary sewers are available.
(4) The application shall be accompanied by a specified fee and deposit.
Such fees shall include the reasonable and necessary charges for the
Borough Engineer and other professional consultants to review the
plans in accordance with a fee schedule set by resolution of the Borough
Council.
(5) The application shall be accompanied by subdivision and/or land development
plans and data prepared in accordance with this chapter and in the
following formats:
[Amended 5-8-2018 by Ord.
No. 387]
(a)
Three full-size sets (24" x 36");
(b)
Ten reduced-scale sets (11 1/2" x 17"); and
(c)
An electronic version, in both PDF and CAD formats.
B. Upon submission of a preliminary plan, the Zoning Officer shall determine
if the application is complete and accept the application or determine
if the application is incomplete and not accept the application.
C. The Borough shall distribute copies of the preliminary plan, data
and application to the Borough Council, Borough Planning Commission,
Borough Engineer, Borough Solicitor and Borough files.
D. The applicant shall be responsible for distributing plans, fees and
application forms to the other appropriate agencies having jurisdiction,
including but not limited to the water company, sewer authority, the
Bucks County Department of Health, the Bucks County Conservation District,
and the Bucks County Planning Commission.
E. The Borough Engineer, following receipt of the plans from the Borough,
shall:
(1) Review all aspects of the plan submission, including all engineering
considerations and compliance with Borough ordinances. In his review,
the Borough Engineer shall determine the adaptability of the project
to Borough design standards and shall apply such judgment and specification
interpretation as may be necessary to clarify the intent of all engineering
considerations.
(2) Prepare a report for the Planning Commission and Borough Council.
F. Following receipt of the complete plan submission, the Borough Planning
Commission shall:
(1) Receive and review the applicant's submission;
(2) Listen to applicant's presentation;
(3) Receive and review the report by the Bucks County Planning Commission
and other agencies or persons submitting a report;
(4) Receive and review the report by the Borough Engineer; and
(5) Discuss submission with the applicant.
G. Planning Commission review.
(1) Following a review of the applicant's submission and discussion of
the submission with the applicant, the Planning Commission shall:
(a)
Evaluate the applicant's submission and presentation, the County
Planning Commission's report and the Borough Engineer's report.
(b)
Determine whether the preliminary plans meet the objectives and requirements of this chapter and Chapter
450, Zoning, of the Code of the Borough of New Britain. No recommendation will be made on the plan application until any variances or special exceptions needed for compliance with Chapter
450, Zoning, have been granted by the Borough Zoning Hearing Board.
(c)
Submit a report on the plan for use by the Borough Council,
such report to be contained within the Commission's regular minutes
or as a separate report, at the discretion of the Planning Commission.
(2) The Planning Commission shall carefully study the practicability
of the preliminary plan taking into consideration the requirements
of the community and the best use of the land being developed and/or
subdivided. Particular attention will be given to the arrangement,
location and width of streets, their relation to the topography of
the land, sewage disposal, drainage, lot sizes and arrangement, and
the future development of adjoining lands as yet unsubdivided.
H. Following receipt of the Borough Planning Commission's report and
within 90 days following the date of the first regular Planning Commission
meeting which follows the date the application is filed, the Borough
Council shall:
(1) Receive and review the applicant's submission, listen to the applicant's
presentation and discuss the project with the applicant.
(2) Receive and review the reports by the Planning Commission, the Bucks
County Planning Commission, the Borough Engineer and other agencies
or officials who have submitted a report.
(3) Evaluate the applicant's submission, presentation, the discussion
with the applicant, the Borough Engineer's report and the Planning
Commission's report.
(4) Determine whether the preliminary plan meets the objectives and requirements
of this chapter.
(5) Express its approval of the plan, stating the conditions of such
approval, if any, or its disapproval, stating the reasons therefor.
If the Borough Council attaches conditions to the approval of any
plan, the applicant must accept and agree to all such conditions or
the plan will be denied based on noncompliance with ordinance requirements.
If a preliminary plan is conditionally approved as aforesaid, it shall
not be given final approval by the Borough Council until all conditions
are met and corrected on the final plan.
(6) Within 15 calendar days following the decision, the Borough Council
shall communicate in writing to the applicant:
(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 and terms of the performance bond or other security
which the Borough Council will require, among other conditions in
the public interest, and prerequisites to the approval of the final
plan to be submitted subsequently.
(7) Failure of the Borough Council to render a decision and communicate
it to the applicant within 90 days following the receipt of the application
and in the manner required by the Pennsylvania Municipalities Planning
Code (Act 247, as amended) shall be deemed an approval of the
application in terms as presented, unless the applicant has agreed
in writing to an extension of time or change in the prescribed manner
of the presentation of communication of the decision; in which case,
failure to meet the extended time or change in manner of the presentation
of communication shall have like effect.