A.
The procedures for review of subdivision or land development plans
include two stages, preliminary and final, and may also include a
sketch plan stage at the option of the applicant. These stages enable
the Planning Commission and Council to have an adequate opportunity
to review each proposal and to ensure that their formal recommendations
are reflected in the final plan. The separate stages of approval include
the submission of an optional sketch plan, a preliminary plan, and
a final plan. These plans differ in their purpose and required level
of detail. The table below indicates the recommended and required
plans for the different types of submissions.
B.
All plans and applications shall be submitted to the office of the Zoning Officer of Tullytown Borough. Plans and applications shall not be deemed submitted until they are accepted by the Tullytown Borough Zoning Officer as being in proper form, per the application requirements outlined in § 153-501 of this chapter, and accompanied by the proper filing fee and any escrow deposit for the cost of the review. If deemed incomplete, the Zoning Officer shall immediately return the application and plans to the applicant indicating the deficiencies. A fee shall be required for processing and reviewing any preliminary or final plan. The fee and escrow schedule for all plans submitted under this chapter shall be adopted by resolution of Council and may be amended from time to time. Escrow deposits shall be submitted for legal, engineering, and administrative costs as required by § 153-805. The Borough shall have the responsibility to forward the plans to other reviewing agencies. However, plans may be delivered to other reviewing agencies by the owner, developer or his/her agent, with notification provided to the Zoning Officer. Such notification shall consist of a copy of an application from each agency to which the applicant submitted the plans directly to, with the date received stamped on the application.
C.
The review process for the plans required by the Borough shall include
no more than 90 days following the date of the regular meeting of
the Council next following the date the application is filed, or after
a final order of the court remanding an application, provided that
should the said next regular meeting occur more than 30 days following
the filing of the application or the final order of the court, the
said ninety-day period shall be measured from the 30th day following
the day the application has been filed. If the applicant agrees, in
writing, to an extension of time, the ninety-day period may be extended.
D.
The submission of a preliminary plan and a final plan shall each
be considered a separate submission, and the maximum ninety-day review
period may be required for each such plan.
E.
The submission of a revised preliminary or final plan shall constitute
a new and separate submission. The review process for revised plans
by the Borough shall include no more than 90 days following the date
of the regular meeting of the Council next following the date the
application is filed, or after a final order of the court remanding
an application, provided that should the said next regular meeting
occur more than 30 days following the filing of the application or
the final order of the court, the said ninety-day period shall be
measured from the 30th day following the day the application has been
filed. If the applicant agrees, in writing, to an extension of time,
the ninety-day period may be extended. A revised plan must be accompanied
by a completed application form, all required information and appropriate
fees.
F.
The owner of the parcel of land to be subdivided or developed shall
submit a written statement granting Council, its authorized agents
and representatives, the Planning Commission, and the representatives
of the county and Borough departments and agencies having responsibility
for review and/or approval under this chapter the right to enter the
parcel of land for the purpose of inspection and enforcement of the
requirements, terms and conditions imposed herein.
G.
Phased developments.
(1)
Where a tract is to be developed in phases, a complete preliminary
plan for the entire tract shall be submitted initially.
(2)
Preliminary approval of the plan must be obtained for the entire
proposed development. Final approval may be obtained phase by phase.
(3)
The extent of each phase for which a separate final plan is
to be submitted shall be shown and a time schedule presented for the
submission of the final plan for those phases. The order of development
shown on the preliminary plan must be adhered to, and, if changes
are required, plans must be refiled, reviewed and approved.
(4)
Each phase of a development must be designed so that it could
be developed independently and stand on its own meeting all applicable
Borough ordinances without other phases, including the street system
and utilities.
H.
Plan review by adjacent municipalities.
(1)
Applications for tracts of land along the municipal boundary
shall submit one additional set of plans, which shall be forwarded
to the adjacent municipality for its comments.
(2)
The Borough may solicit comments from an adjacent municipality
even if the plan is not on the boundary of the Borough, where a plan,
in the opinion of the Borough, affects the adjacent municipality,
in which case additional plan sets may be required.
(3)
When comments are solicited from the adjacent municipalities,
the Planning Commission and Council shall review the reports from
the adjacent municipality as part of the plan review process.
I.
Required notification of surrounding property owners. Any applicant
submitting plans for a major subdivision or a land development shall
notify all individuals or entities who own real estate within 200
feet of the parcel boundaries of the site proposed for major subdivision
or land development of the pendency of such major subdivision or land
development proposal, in writing, on a form attached hereto as Appendix
A.[1] Such notice shall be made by regular mail to the landowner's
last address. The address on the tax rolls shall be considered the
last known address. Such notice shall be mailed within 15 days of
the submission of the first plan submission (sketch or preliminary).
Verification of mailing, including a copy of the names, addresses
and tax parcel numbers of each person to whom the notice was mailed,
shall be given to the Borough within 15 days of submission.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
J.
Refiling plans. Any plan which meets any one of the criteria below
shall be considered to be a new plan and shall be accompanied by an
application, fees and all required information.
(1)
A plan which is submitted after a previous plan for the same
property has been withdrawn shall constitute a new plan.
(2)
A plan which is submitted after a plan for the same property
has been approved or rejected shall constitute a new plan.
(3)
A plan which is submitted demonstrating an entirely new lot
layout, street configuration, new use, or building location and layout
for the same land that was included in a prior plan shall constitute
a new plan.
A.
Purpose. The purpose of the sketch plan procedure is to afford the applicant the opportunity to consult early and informally with the Borough staff, Planning Commission, Council and the Bucks County Planning Commission before preparation of the preliminary plan and formal application for approval. The submission of the sketch plan is at the option of the applicant. See § 153-501 for the application requirements.
B.
General. During the sketch plan procedure, the applicant can advantageously
make use of the services of the Planning Commission and Council and
the Bucks County Planning Commission to help analyze the development
and plan more adequately for its sound coordination with the community.
The sketch plan procedure also affords both Planning Commissions and
Council the opportunity to give informal guidance to the applicant
at a stage when potential points of difference can be more easily
resolved. It can also simplify official actions and save unnecessary
expense and delay. It shall not be considered a formal application
for subdivision or land development approval, but shall be used solely
to communicate the intentions of the owner or developer, and the reactions
of the Borough officials thereto.
C.
Submission. There are no filing fees for a sketch plan review unless an engineering review by the Borough Engineer or other professional staff is requested. Submission guidelines are located in §§ 153-400 and 153-502, but the submission can be tailored to meet the specific needs of the individual site.
D.
Procedure.
(1)
The applicant prepares the sketch plan and application form, providing as much of the data specified in § 153-502 of this chapter as is warranted.
(2)
The applicant submits 22 copies of the sketch plan and application
form to the Zoning Officer.
(3)
The Zoning Officer shall check the submission against the checklist
for completeness, and if incomplete, immediately return the submission
to the applicant and indicate the deficiencies. If the submission
is complete, the Zoning Officer shall accept the sketch plan and application
form.
(4)
The Zoning Officer shall distribute copies of the sketch plan
and application form as follows:
(a)
Borough Planning Commission: nine copies.
(b)
Bucks County Planning Commission: one copy.
(c)
Borough Engineer: one copy.
(d)
Borough Council: eight copies.
(e)
Permanent Borough files: one copy.
(f)
Borough Coordinator: one copy.
(g)
Zoning Officer: one copy.
|
NOTE: Because the sketch plan procedure is optional, formal
acceptance of the application by the Borough Council is unnecessary.
|
(5)
The Borough Planning Commission and the Bucks County Planning
Commission shall initially review the sketch plan submission and advise
the applicant how the proposed subdivision or land development may
conform or fail to conform with the requirements of this and other
applicable ordinances. The applicant may attend a meeting of the Planning
Commission to discuss the proposal. The Planning Commission may communicate
its comments and recommendations to the applicant by mail at the address
provided on the application by the applicant. Similarly, the Council
may conduct a review and discuss the plan with the applicant if requested.
The review of a sketch plan is advisory only, and the opinions expressed
by the members of the Planning Commission and/or Council during sketch
plan review are not binding.
A.
Purpose. The purpose of the preliminary plan is to require formal approval of plans before final plans are submitted. See § 153-501 for application requirements.
B.
General. A preliminary plan should be submitted conforming to the
changes recommended during the sketch plan procedure, if a sketch
plan has been submitted. The preliminary plan and all information
and procedures relating thereto shall in all respects be in compliance
with the provisions of these regulations. No preliminary plan shall
be required in the case of minor subdivisions and lot line changes.
Preliminary plans for all other types of subdivisions and land developments
shall be submitted in accordance with these provisions.
C.
Fees. Fees for the different types of subdivision and land development
applications are listed in the Borough Fee Schedule, adopted by separate
ordinance.
D.
Procedure.
(2)
The applicant submits 24 copies of the preliminary plan and
application form along with any required fees and escrow to the Zoning
Officer no less than 21 days before the next regularly scheduled Council
meeting.
(3)
The Zoning Officer shall check the submission against the checklist
for completeness, and if incomplete, return the submission to the
applicant and indicate the deficiencies within seven working days.
If the submission is complete, the Zoning Officer shall accept the
preliminary plan, application and fees, and date and initial the plan.
The Zoning Officer shall forward the submission on to Council for
formal acceptance of the application.
(4)
Upon determination that the submission is complete and the fee
adequate, the Borough Council shall accept the plan and initiate the
review process by formal resolution. Further, the Borough Council
shall refer the fee to the Borough Treasurer and order the distribution
of plans as follows:
(a)
Borough Planning Commission: nine copies.
(b)
Bucks County Planning Commission: one copy.
(c)
Borough Engineer: one copy.
(d)
Borough Council: eight copies.
(e)
Permanent Borough files: one copy.
(f)
Borough Fire Marshal: one copy.
(g)
Borough Coordinator: one copy.
(h)
Zoning Officer: one copy.
(i)
Bucks County Conservation District: one copy.
(5)
When required by the Pennsylvania Department of Environmental
Protection (PaDEP), the applicant shall submit a planning module for
land development to the Bucks County Department of Health and/or the
PaDEP.
(7)
Following receipt of the Borough Planning Commission's
report and, within the time limits set forth in the Municipalities
Planning Code, the Council shall:
(a)
Review and evaluate the applicant's submission.
(b)
Review the reports by the Borough Planning Commission, the Borough
professional staff, Bucks County Planning Commission, and other agencies
or officials who have submitted a report.
(c)
Determine whether the preliminary plan meets the objectives
and requirements of this chapter and the Borough Zoning Ordinance.
(d)
Render a decision. The decision shall be in writing and 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, describe requirements which have
not been met and shall cite the provisions of the statute or ordinance
relied upon. When the application is approved with conditions, failure
to appeal the conditions imposed by the Council within 30 days of
the date of approval shall constitute acceptance of the conditions.
Nonacceptance of and/or noncompliance with the conditions set forth
in the approval communication shall void the plan approval.
(8)
Approval of the preliminary plan shall constitute conditional
approval of the subdivision or land development as to the character
and intensity, but shall not constitute approval of the final plan
or authorize the sale of lots or construction of buildings.
A.
Purpose. The purpose of the final plan is to require the applicant to demonstrate compliance with the conditions of preliminary plan approval before plans for all subdivisions and land developments are recorded as required by § 153-406 of this chapter. Final plans for all subdivisions and land developments shall be prepared in accordance with the requirements of § 153-504 and recorded as required by § 153-406 of this chapter.
B.
General. A final plan shall be submitted conforming to the conditions
of preliminary plan approval granted during the preliminary plan procedure.
The final plan and all information and procedures relating thereto
shall in all respects be in compliance with the provisions of these
regulations.
C.
Fees. Fees for the different types of subdivision and land development
submissions are listed in the Borough Fee Schedule, adopted by separate
ordinance.
D.
Procedure.
(2)
The applicant submits 24 copies of the final plan and application
form along with the necessary permits and letters of approval from
the reviewing agencies and any required fees and escrow to the Zoning
Officer no less than 21 days before the next regularly scheduled Council
meeting.
(3)
The Zoning Officer shall check the submission against the checklist
for completeness, and if incomplete, return the submission to the
applicant and indicate the deficiencies within seven working days.
If the submission is complete, the Zoning Officer shall accept the
final plan, application, and fees, and date and initial the plan.
The Zoning Officer shall forward the submission on to Council for
formal acceptance of the application.
(4)
Upon determination that the submission is complete and the fee
adequate, the Borough Council shall accept the plan and initiate the
review process by formal resolution. Further, the Borough Council
shall refer the fee to the Borough Treasurer and order the distribution
of plans as follows:
(a)
Borough Planning Commission: nine copies.
(b)
Bucks County Planning Commission: one copy.
(c)
Borough Engineer: one copy.
(d)
Borough Council: eight copies.
(e)
Permanent Borough files: one copy.
(f)
Borough Fire Marshal: one copy.
(g)
Borough Coordinator: one copy.
(h)
Zoning Officer: one copy.
(i)
Bucks County Conservation District: one copy.
(6)
Following receipt of the Borough Planning Commission's
report and, within the time limits set forth in the Municipalities
Planning Code, the Council shall:
(a)
Review and evaluate the applicant's submission.
(b)
Review the reports by the Borough Planning Commission, the Borough
professional staff, the Bucks County Planning Commission, and other
agencies or officials who have submitted a report.
(c)
Determine whether the final plan meets the conditions of preliminary
plan approval and/or the requirements of this and any other applicable
ordinances.
(d)
Render a decision. The decision shall be in writing and 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 submission, describe requirements which have
not been met and shall cite the provisions of the statute or ordinance
relied upon. When the application is approved with conditions, failure
to appeal the conditions imposed by the Council within 30 days of
the date of approval shall constitute acceptance of the conditions.
Nonacceptance of and/or noncompliance with the conditions set forth
in the approval communication shall void the plan approval.
A.
Purpose. In the case of minor subdivisions (as defined in § 153-301), it is the purpose of this section to provide a simplified procedure by which minor subdivisions may be submitted and reviewed.
B.
General. If the proposed subdivision involves a change in the location of streets, sanitary or storm sewers, water mains, culverts, or other municipal improvements, then the provisions of this section shall not be applicable and the applicant shall be required to comply with the requirements of §§ 153-402 through 153-403.
C.
Fees. The fee for the submission of a minor subdivision plan is listed
in the Borough Fee Schedule, adopted by separate ordinance.
D.
Procedure.
(2)
The applicant submits 24 copies of the minor subdivision plan
and application form along with any required fees and escrow to the
Borough Zoning Officer no less than 21 days before the next regularly
scheduled Council meeting.
(3)
The Borough Zoning Officer shall check the submission against
the checklist for completeness, and if incomplete, return the submission
to the applicant and indicate the deficiencies within seven working
days. If the submission is complete, the Zoning Officer shall accept
the minor subdivision plan, application, and fees, and date and initial
the plan. The Zoning Officer shall forward the submission on to the
Borough Council for formal acceptance of the application.
(4)
Upon determination that the submission is complete and the fee
adequate, the Borough Council shall accept the plan and initiate the
review process by formal resolution. Further, the Borough Council
shall refer the fee to the Borough Treasurer and order the distribution
of plans as follows:
(a)
Borough Planning Commission: nine copies.
(b)
Bucks County Planning Commission: one copy.
(c)
Borough Engineer: one copy.
(d)
Borough Council: eight copies.
(e)
Permanent Borough files: one copy.
(f)
Borough Fire Marshal: one copy.
(g)
Borough Coordinator: one copy.
(h)
Zoning Officer: one copy.
(i)
Bucks County Conservation District: one copy.
(5)
When required by the Pennsylvania Department of Environmental
Protection (PaDEP), the applicant shall submit a planning module for
land development to the Bucks County Department of Health and/or the
PaDEP.
(7)
Following receipt of the Borough Planning Commission's
report and, within the time limits set forth in the Municipalities
Planning Code, the Council shall:
(a)
Review and evaluate the applicant's submission.
(b)
Review the reports by the Borough Planning Commission, the Borough
professional staff, Bucks County Planning Commission, and other agencies
or officials who have submitted a report.
(c)
Determine whether the minor subdivision plan meets the objectives
and requirements of this chapter and the Borough Zoning Ordinance.
(d)
The Council shall render a decision. The decision shall be in
writing and 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, describe
requirements which have not been met and shall cite the provisions
of the statute or ordinance relied upon. When the application is approved
with conditions, failure to appeal the conditions imposed by the Council
within 30 days of the date of approval shall constitute acceptance
of the conditions. Nonacceptance of and/or noncompliance with the
conditions set forth in the approval communication shall void the
plan approval.
(8)
Council shall adopt a resolution approving or denying the final plan. Approval shall not be final until entry into a contract and production of completion guarantees as set forth in § 153-801 of this chapter.
A.
Purpose. To provide an expeditious means of subdivision approval
for the adjustment or relocation of one existing boundary line between
two adjacent lots or the shifting of boundary lines to increase the
area of an existing lot.
B.
General. The provisions of this section shall not apply to any subdivision which does not meet the qualifying criteria set forth in the definition of "lot line change" in § 153-301. If the proposed lot line change creates or involves a change in the location of streets, sanitary or storm sewers, water mains, culverts, or other municipal improvements, then the provisions of this section shall not be applicable and the applicant shall be required to comply with the requirements of §§ 153-402 through 153-403.
C.
Fees. The fee for the submission of a lot line change is listed in
the Borough Fee Schedule, adopted by separate ordinance.
D.
Procedure.
(2)
The applicant submits 21 copies of the lot line change plan
and application form along with any required fees and escrow to the
Borough Zoning Officer no less than 21 days before the next regularly
scheduled Council meeting.
(3)
The Borough Zoning Officer shall check the submission against
the checklist for completeness, and if incomplete, return the submission
to the applicant and indicate the deficiencies within seven working
days. If the submission is complete, the Zoning Officer shall accept
the lot line change plan, application, and fees, and date and initial
the plan. The Zoning Officer shall forward the submission on to the
Borough Council for formal acceptance of the application.
(4)
Upon determination that the submission is complete and the fee
adequate, the Borough Council shall accept the plan and initiate the
review process, by formal resolution. Further, the Borough Council
shall refer the fee to the Borough Treasurer and order the distribution
of plans as follows:
(6)
Following receipt of the Borough Planning Commission's
report and, within the time limits set forth in the Municipalities
Planning Code, the Council shall:
(a)
Review and evaluate the applicant's submission.
(b)
Review the reports by the Borough Planning Commission, the Borough
professional staff, Bucks County Planning Commission, and other agencies
that have submitted a report.
(c)
Determine whether the lot line change plan meets the objectives
and requirements of this chapter and the Borough Zoning Ordinance.
(d)
The Council shall render a decision. The decision shall be in
writing and 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, describe
requirements which have not been met and shall cite the provisions
of the statute or ordinance relied upon. When the application is approved
with conditions, failure to appeal the conditions imposed by the Council
within 30 days of the date of approval shall constitute acceptance
of the conditions. Nonacceptance of and/or noncompliance with the
conditions set forth in the approval communication shall void the
plan approval.
(7)
Council shall adopt a resolution approving or denying the final plan. Approval shall not be final until entry into a contract and production of completion guarantees as set forth in § 153-801 of this chapter.
(8)
(9)
Plans for lot line changes shall be signed by the owners of
the tax parcels affected by the lot line change if the parcels affected
are in separate ownership. If parcels or portions of tax parcels are
to be combined, a deed of consolidation will be required by the Borough.
A.
Recording.
(1)
Prior to recording a final plan, all construction agreements
must be executed. Land development agreements shall be prepared and
funded and all outstanding fees unpaid shall be paid in full.
(2)
The final plan, as approved and signed by Council shall, within
90 days of the satisfaction of all conditions of approval, be recorded
in the Office of the Recorder of Deeds of Bucks County. The date of
approval shall be deemed to be the date on which the applicant has
satisfied all the conditions of plan approval. Plans submitted for
recording by the Bucks County Recorder of Deeds shall officially note
that the plans have been reviewed by the Council and the Bucks County
Planning Commission.
(3)
The applicant shall notify the Borough Council, in writing,
of the date of such recording and the plan book and page wherein such
subdivision or land development is recorded. If the plan is not recorded
within the ninety-day period, the approval shall lapse and become
void.
B.
Effect of recording.
(1)
After a subdivision or land development has been duly recorded, the streets, parks, and other public improvements shown thereon shall be considered to be a part of any Official Map which is adopted by the Borough in accordance with Article IV of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10401 et seq.
(2)
Streets, parks, and other public improvements shown on a subdivision
or land development plan to be recorded may be offered for dedication
to the Borough by formal notation thereof on the plan; or the owner
may note on the plan that such improvements have not been offered
for dedication to the Borough.
(3)
Every street, park or other improvement shown on a subdivision
or land development plan that is recorded, as provided herein, shall
be deemed to be a private street, park, or improvements until such
time as the same has been offered for dedication to the Borough, and
accepted by resolution, and filed in the Office of the Bucks County
Recorder of Deeds, or until it has been condemned for use as a public
street, park, or other improvement.
