[Ord. 946, 1/14/1999, § 3.21]
1. Preliminary plans and required supplementary data for all subdivisions and land developments shall be submitted to the Borough for review, unless exempted in §
22-366. Plans shall be submitted by the developer or his agent to the Borough Secretary no less than 21 days prior to a regularly scheduled meeting of the Borough Planning Commission.
A. Official submission of a preliminary plan shall include:
(1)
Submission of five completed Applications for Review of Preliminary
Plan (Form 2).
(2)
Submission of nine black-on-white or blue-on-white prints on paper of the preliminary plan which shall comply with the requirements of §
22-402.
(3)
Submission of seven copies of all other information and plans which are required by §
22-402.
(4)
Payment of the filing fee.
B. If required by the Borough, in the case of a subdivision or land
development which proposes vehicular access or stormwater drainage
onto a state route, the subdivider shall submit the preliminary plan
and all supplementary data to the Pennsylvania Department of Transportation
with a request for review of his proposed access and drainage and
shall submit evidence of such submission to the Borough at the time
of preliminary plan submission.
C. In the case of a preliminary plan calling for the installation of
improvements beyond a five-year period, a schedule shall be filed
by the land owner delineating all proposed sections as well as deadlines
within which applications for final plan approval of each section
are intended to be filed. Such schedule shall be updated annually
by the applicant on or before the anniversary of the preliminary plan
approval, until final plan approval of the final section has been
granted and any modification in the aforesaid schedule shall be subject
to approval of the Borough Council in its discretion. Each section
in any residential subdivision or land development, except for the
last section, shall contain a minimum of 25% of the total number of
dwelling units as depicted on the preliminary plan, unless a lesser
percentage is approved by the Borough Council in its discretion.
D. When a subdivision or land development is proposed to connect to
a sanitary sewer or water system not operated by the Borough or a
Borough Authority, the developer shall submit evidence to the Borough
that the preliminary plan and all supplementary data have been submitted
to the appropriate agencies or companies for review.
E. Failure of the subdivider to submit all items required under §
22-321 (Subsection 1A through D), or failure of the preliminary plan to comply with the requirements of §
22-402, shall be grounds for the Borough Council to refuse to accept the preliminary plan for review.
[Ord. 946, 1/14/1999, § 3.22]
1. The Borough Secretary shall distribute submitted information as follows:
A. To the Borough Planning Commission:
(2)
One copy of Applications for Review of Preliminary Plan.
(3)
One copy of all other required information and plans.
B. To the County Planning Commission:
(1)
Two copies of the preliminary plan.
(2)
One copy of Applications for Review of Preliminary Plan.
(3)
One copy of all other required information and plans.
(4)
The county's referral form and the required filing fee.
C. To the Borough Engineer:
(2)
One copy of Applications for Review of Preliminary Plan.
(3)
Two copies of all other required information and plans.
D. To the Borough Zoning Officer:
(2)
One copy of Applications for Review of Preliminary Plan.
E. To be retained by the Borough Secretary:
(2)
One copy of Applications for Review of Preliminary Plan.
(3)
One copy of all other required information and plans.
F. To the Shillington Municipal Authority:
(2)
Two copies of all other required information and plans.
[Ord. 946, 1/14/1999, § 3.23]
1. When a preliminary plan has been accepted for review, the Borough
Planning Commission shall review the plan at one or more regularly
scheduled or special meetings.
A. The Borough Engineer, if requested by the Borough, shall review the
preliminary plan to determine whether the plan meets the requirements
of this chapter and submit a written report thereon to the Borough
Planning Commission.
B. The Borough Zoning Officer shall review the preliminary plan to determine whether the plan meets the requirements of the Borough Zoning Ordinance [Chapter
27] and submit a written report thereon to the Borough Planning Commission.
C. The Shillington Municipal Authority shall review all proposals concerning
sanitary sewers and water supply and distribution and submit a written
report thereon to the Borough Planning Commission.
D. After the final meeting at which the preliminary plan is reviewed
by the Borough Planning Commission, the Commission shall notify the
Borough Council in writing of its comments regarding the plan. The
Commission may recommend that the plan be approved, be approved subject
to conditions, or be disapproved. If the Commission recommends that
the plan be disapproved because the provisions of this chapter have
not been met, the specific provisions of this chapter which have not
been met shall be noted.
[Ord. 946, 1/14/1999, § 3.24]
1. After a preliminary plan has been reviewed by the Borough Planning
Commission and the comments of the Commission regarding the plan have
been forwarded to the Borough Council, the plan shall be reviewed
at one or more regularly scheduled or special meetings by the Borough
Council.
A. No official action shall be taken by the Borough Council with respect
to a preliminary plan until the Borough has received the written report
of the County Planning Commission, provided 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.
B. Before acting on a preliminary plan, the Borough Council may hold
a public hearing thereon after public notice.
C. The decision of the Borough Council regarding the plan 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.
D. 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 Planning Commission next following
the date the application is filed; provided, that should the said
next regular meeting occur more than 30 days following the filing
of the application, the said ninety-day period shall be measured from
the thirtieth day following the day the application has been filed.
The subdivider may grant an extension of time to the Borough.
E. 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 this chapter relied upon.
F. Borough Council may approve a preliminary plan subject to conditions
acceptable to the applicant, provided that the applicant indicates
his written acceptance of those conditions to the Borough Council
within seven days of the date of the written notification from the
Borough Council. Approval of a plat shall be rescinded automatically
upon the applicant's failure to accept or reject such conditions
within seven days.
G. The approval of a preliminary plan does not authorize the recording
of a subdivision or land development plan nor the sale, lease or transfer
of lots, nor the construction of dwellings or other buildings.