From the effective date of this chapter, all plans for the subdivision
or development of land within the corporate limits of the municipality
shall be reviewed by the Borough Council or governing body and other
municipal, state, or county officials as deemed necessary and shall
be approved or disapproved by the governing body in accordance with
procedures specified in this chapter. When action on a plan by the
Borough Council is required, the Borough Council shall render its
decision and communicate it to the applicant not later than 90 days
following the date of the regular meeting of the Borough Council next
following the date the application is filed, provided that should
said next regular meeting occur more than 30 days following the filing
of the application, said ninety-day period shall be measured from
the 30th day following the day the application has been filed.
It is recommended that subdividers submit a sketch plan for
informal discussion between the subdivider and the municipality. Submission
of a sketch plan shall not constitute official submission of a plan
to the municipality.
A. Plan to be filed with the municipality. Copies of the sketch plan
for all proposed subdivisions and land developments and all required
supporting data shall be submitted to the Municipal Manager (or his
representative) by the subdivider (or his or her representative authorized
in writing to submit the plan).
B. Number of copies. Four legible black-line or blue-line paper prints of the sketch plan shall be required. Plans shall fully comply with requirements of §
174-23 of this chapter or, in the case of a sketch plan for record, §
174-24 of this chapter.
C. Distribution of sketch plans. The Municipal Secretary (or his or
her representative) shall refer the sketch plans to the following:
(1) One copy to the Municipal Engineer.
(2) One copy to the County Planning Commission in the case of a sketch
plan for record. The plans and supplementary data shall be accompanied
by the County's referral form and required filing fee.
D. Review of sketch plan by Borough Council.
(1) The sketch plan shall be reviewed by the Borough Council at one or
more regularly scheduled or special meetings. The Council may request
the Borough Zoning Officer or the Borough Engineer to review the sketch
plan and submit comments thereon to the Council.
(2) Within 15 calendar days after the final meeting at which the sketch
plan is reviewed by the Borough Council, the Council Secretary will
send the comments of the Council regarding the plan to the developer.
E. Review of sketch plan for record by Borough Council.
(1) In the case of a sketch plan for record submitted under §
174-22B of this chapter, the sketch plan shall be reviewed by the Borough Council at one or more regularly scheduled or special meetings and either approved or disapproved by the Council.
(2) Borough Council shall render its decision and communicate it to the
applicant not later than 90 days following the date of the regular
meeting of the Borough Council next following the date the application
is filed, provided that should said next regular meeting occur more
than 30 days following the filing of the application, said ninety-day
period shall be measured from the 30th day following the day the application
has been filed. The decision of the Borough Council shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision. When the application is not approved in terms as filed,
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 the ordinance relied upon.
(3) In the case of a sketch plan for record submitted to the County Planning
Commission for review, no official action shall be taken by the Borough
Council until the Council has received the written report of the County
Planning Commission, provided that the report is received within 30
days from the date the plan was forwarded to the County Planning Commission
for review. If such report is not received within 30 days, the Borough
Council may proceed to take action on the plan without consideration
of comments from the County Planning Commission.
All performance guarantees shall be released in whole or in
part upon compliance with the following procedure:
A. When the subdivider has completed all or a portion of those required
improvements, the subdivider or developer shall notify the governing
body in writing, by certified mail return receipt requested by registered
mail. A copy shall be sent to the Municipal Engineer. The governing
body shall, within 10 days after receipt of such notice, direct and
authorize the Municipal Engineer to inspect these improvements.
B. The Municipal Engineer, within 30 days after receipt of the aforesaid
authorization from the governing body, shall file a written report
with the governing body and mail a copy of this report to the subdivider
by certified mail return receipt requested or by registered mail.
This report shall recommend approval or rejection, either in whole
or in part. If these improvements, or any portion thereof, shall not
be approved by the Municipal Engineer, said report shall contain a
statement of reasons for such rejection.
C. Upon receipt of the Municipal Engineer's report, the governing body
shall review these recommendations. After review, and within 15 days
of receipt of the engineer's report, the governing body shall notify
the subdivider in writing by certified mail, return receipt requested,
or by registered mail, of its action. If a whole or partial release
is approved, the governing body shall authorize release of an amount
estimated by the Municipal Engineer that fairly represents completed
improvements.
D. The governing body shall have 45 days from the receipt of requests
to take final action. If the governing body fails to comply with this
time limitation, all improvements will be deemed approved and shall
be released in the amount requested.
E. If any portion of these required improvements shall not be approved
by the governing body, these shall be completed or correct. Upon completion
or correction, the above procedure shall be followed for the approval
of any release in whole or in part.
As-built plants for all improvements within the subdivision or land development listed in the Subdivision Improvements Agreement shall be submitted to the Borough within 30 days after inspection and approval of the improvements by the Borough and prior to the release of the performance guarantee and acceptance of any such improvements by the Borough. Plans shall be in accordance with the requirements of §
174-26 of this chapter, be Mylar in reproducible form, and certified by the developer to be in accordance with actual construction. The location and elevation of all sewer laterals and water services shall also be indicated. The developer is responsible for the preparation and cost of such plans.