With the exceptions specifically noted in this chapter, a preliminary plan is required for applications which propose new streets; all land development plans, as defined in §
110-203; and subdivision plans of 10 or more lots. All other plans may be submitted as final plans in accordance with §
110-303. Preliminary plans may be filed with East Petersburg Borough on any business day. The Commission will officially review a plan at a particular meeting in accordance with a schedule which shall be published as a public notice.
A. Application requirements. All preliminary plan applications shall
include the following:
(1)
Five copies of full-size final plan sheet(s) and seven copies
of half-size sheet(s). All plans shall be either black on white, blue
on white, or color on white paper prints.
(2)
Two copies of all reports, notifications and certifications
which are not provided on the preliminary plan.
(3)
Two copies of the application form (see Appendix 15) completely and correctly executed, with all information
legible, and bearing all required signatures.
(4)
Two copies of a completed fee schedule and a filing fee and
escrow fee (in accordance with the municipality's current fee
schedule).
(5)
When connection to an existing sanitary sewer system is proposed,
written notice from the authority providing sanitary sewer service
indicating that sufficient capacity to service the proposed development
is available shall be provided. Such notice shall:
(a)
Be dated within six months of the plan application;
(b)
Identify the term of reservation; and
(c)
Provide capacity for the entire development (partial capacity
based on phases of development will not be acceptable).
(6)
Incomplete applications. Incomplete submissions as determined
by the governing body, or its designee, shall be returned to the applicant
within seven days, along with a statement that the submission is incomplete,
and stating the deficiencies found. Otherwise, the application shall
be deemed accepted for filing as of the date of submission. Acceptance
of the application shall not, however, constitute an approval of the
plan nor a waiver of any deficiencies or irregularities. The applicant
may appeal the municipality's decision not to accept a particular
application.
B. Plan requirements. All preliminary plans shall be prepared in conformance with the provisions of §
110-402 of this chapter and any other applicable requirement of law.
C. Municipal action.
(1)
East Petersburg Borough will schedule the preliminary plan application
for action at a regularly scheduled public meeting within 90 days
of the first public meeting of the Commission after the date of filing.
(2)
Applications may be filed with the Borough on any business day;
however, the Borough Planning Commission or Council will review a
plan at a particular meeting only if the plan was filed at least 15
business days prior to that meeting.
D. Notification of municipal action.
(1)
Within 15 consecutive days after the meeting at which the preliminary
plan is reviewed, the staff shall send written notice of East Petersburg
Borough's action to the following individuals:
(a)
The landowner, or his agent, and/or applicant.
(b)
The firm that prepared the plan.
(2)
If the application is disapproved, East Petersburg Borough will
notify the above individuals, in writing, of the defects in the application
and will identify the requirements which have not been met, citing
the provisions of the statute or ordinance relied upon.
E. At its sole discretion and in accordance with this article, when
a subdivision and/or land development plan is found to be deficient,
East Petersburg Borough may either disapprove the submission and require
a resubmission or, in the case of minor deficiencies, accept submission
of revisions.
F. Municipal approval and certification.
(1)
East Petersburg Borough will acknowledge the satisfactory compliance
with all conditions, if any, of the preliminary plan approval at a
regularly scheduled public meeting. All materials to be considered
by East Petersburg Borough at such meeting shall be submitted by the
applicant to East Petersburg Borough at least 14 business days prior
to the meeting. Additionally, at the option of the applicant, after
receipt of preliminary plan approval and compliance with all conditions
of approval, a preliminary plan may be presented to East Petersburg
Borough for acknowledgment through a formal statement on the plan.
(See Appendix 17.)
(2)
Approval of a preliminary application shall constitute approval
of the proposed subdivision and/or land development as to the character
and intensity of development and the general arrangement of streets,
lots, structures, and other planned facilities but shall not constitute
final plan approval. The preliminary plan may not be recorded in the
office of the Lancaster County Recorder of Deeds.
(3)
Preliminary plan approval will be effective for a five-year
period, or as otherwise provided for by state law, from the date of
the Commission's approval of the preliminary plan application;
therefore, final plan applications for the entire project must be
made within five years of preliminary plan approval unless East Petersburg
Borough grants a waiver by extending the effective time period of
the approval.
(4)
The applicant may, after receipt of acknowledgment from East
Petersburg Borough of the satisfactory completion of any conditions
of preliminary plan approval, proceed to construct the improvements
required by this chapter and shown on the approved preliminary plan.
The applicant shall indicate the intent to construct the improvements
in writing to the Commission prior to the start of construction. Additionally,
the applicant shall complete and enter into the appropriate memorandum
of understanding. The applicant shall indicate the timetable for the
construction of the improvements, including a schedule and plan of
the proposed phasing of sections of the plan.
(5)
Construction and completion of the improvements shall not constitute
permission to sell lots or occupy proposed buildings shown on the
plan.