[Ord. 899-8, 9/13/1989]
Copies of this chapter shall be available at reasonable charge on request for the use of any person who desires information concerning subdivision and land development standards and procedures in effect within Red Lion Borough. Any prospective developer may request a consultation with the Planning Commission at its next regularly scheduled meeting to discuss and review tentative plans and discuss the applicability of the provisions of this chapter.
[Ord. 899-8, 9/13/1989]
1. 
Prospective applicants may submit a sketch plan for review by the Planning Commission. Sketch plans, if submitted, shall include at least those items listed in § 22-401.
2. 
Sketch plans will be considered as submitted for informal review and discussion and shall not constitute formal filing of the plan with the Borough.
3. 
Within 10 days of the sketch plan review and discussion, the Planning Commission must send the subdivider a report advising him of the extent to which the proposed land development conforms to the applicable provisions of this chapter and will discuss possible plan modifications necessary to secure conformance.
[Ord. 899-8, 9/13/1989]
1. 
Applications for approval of preliminary plans and/or final plans for all proposed land developments lying within the Borough shall be filed with the Secretary or his designee at least 15 days prior to the next regularly scheduled meeting of the Planning Commission. Such submission of plans shall be accompanied by a filing fee as specified in § 22-804.
2. 
The initial subdivision plan filed with the Borough for formal review and approval shall be considered as a preliminary plan. However, in the event that the initial plan is for a land subdivision involving 10 lots or fewer, the subdivider may request the Planning Commission to waive the requirement that a preliminary plan be submitted and approved before consideration of a final plan. If the Commission grants the waiver, the developer may proceed directly to final plan preparation in compliance with the requirements of § 22-404.
3. 
The processing of a minor land subdivision plan shall be consistent with the procedures for processing a final plan as required in this chapter.
4. 
The developer shall submit the preliminary plan and/or final plans drawn on linen, reproducible Mylar or another permanent drafting film (not including sepia prints) approved by the Borough Engineer along with eight copies, blue and black line paper prints, as well as two copies of the required supporting data. Preliminary and final plans shall comply with the requirements of Part 4, "Plan Requirements."
5. 
An application for final plan approval may be for all land included in the preliminary plan approval or for a section thereof. If the final plan is to be submitted in sections, 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.
[Ord. 899-8, 9/13/1989]
1. 
All plans, whether preliminary or final, shall be distributed by the Secretary to the Planning Commission for review and recommendation. The Secretary shall also transmit one copy of all plans to the York County Planning Commission as required by § 22-103 of this chapter.
2. 
The Secretary shall also notify the following agencies, in writing, that the plan, whether preliminary or final, has been received and will be considered at its meeting of specified date.
A. 
One copy of the plan and two copies of a DEP Planning Module for Land Development transmitted to the Borough Sewage Enforcement Officer for review, approval of the Borough Council if necessary, and forwarding to the local office of the Department of Environmental Protection.
B. 
One copy transmitted to the local office of the Soil Conservation Service of the United States Department of Agriculture for review and recommendations concerning erosion, sediment, and drainage control.
C. 
One copy transmitted to the local office of the Pennsylvania Department of Transportation for review and recommendations where the land development will front on an existing or proposed state highway or has a proposed street entering on such a highway.
D. 
One copy transmitted to the appropriate fire company officials for their review and comments.
E. 
One copy of all materials transmitted to the Borough Solicitor in the case of major subdivisions.
3. 
The Secretary shall also retain one copy of all material for the Borough file.
[Ord. 899-8, 9/13/1989]
1. 
All plans, whether preliminary or final, shall be reviewed by the Borough with reference to the following:
A. 
The standards and requirements of this chapter.
B. 
Any proposals contained in the Red Lion Borough Comprehensive Plan.
C. 
Site suitability for the particular type of development proposed.
D. 
The availability of necessary services and facilities.
E. 
The requirements of any other applicable Borough ordinance.
F. 
The improvements, design and dedications or reservation required by this chapter.
2. 
In addition, any comments and recommendations from the following persons or agencies will be given consideration:
A. 
Borough Engineer.
B. 
York County Planning Commission.
C. 
Pennsylvania Department of Environmental Protection.
D. 
Borough Sewage Enforcement Officer.
E. 
Soil Conservation Service of the United States Department of Agriculture.
F. 
Pennsylvania Department of Transportation.
G. 
Affected public utilities.
H. 
Local fire company officials.
I. 
Interested citizens.
J. 
Borough Solicitor.
[Ord. 899-8, 9/13/1989]
Before acting on any land development or subdivision plan, the Borough Council may hold a public hearing thereon pursuant to public notice.
[Ord. 899-8, 9/13/1989]
1. 
Plan Approval.
A. 
At a scheduled public meeting the Borough Council shall render its decision on the plan, whether preliminary or final, and communicate its decision to the applicant not later than 90 days following the date of the regular meeting of the Red Lion Borough Planning Commission next following the date the application is filed, provided that should the next regular meeting occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the thirtieth day following the day the application has been filed.
B. 
Final plan approval shall not be granted until such improvements as required by this chapter and shown on such final plan have been completed or guaranty posted as required in Part 6 and all required fees are paid.
C. 
The developer or representative should attend the Council and Planning Commission meetings in order to answer any questions that may arise. If there are questions and the developer or representative is not in attendance, the plan may be tabled or rejected.
2. 
Notification.
A. 
The decision of the Borough Council concerning plan approval, whether preliminary or final, 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.
B. 
When the plan is not approved in terms as filed, the decision shall specify the defects found in the plan and describe the requirements which have not been met and shall cite the provisions of these regulations relied upon.
C. 
Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed as 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 presentation or communication of the decision, in which case, failure to meet the extended time or change in manner of presentation or communication shall have like effect.
3. 
Effect of Ordinance Amendments.
A. 
From time to time a plan, whether preliminary or final, is submitted as provided in this chapter and while such plan is pending approval or disapproval, no change or amendment to this chapter or other Borough ordinance or plan shall affect the decision on such plan adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the Borough ordinances or plans as they stood at the time the application was duly submitted. In addition, when a preliminary plan has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary plan as hereinafter provided.
B. 
However, if a plan is properly and finally denied, any subsequent plan shall be subject to the intervening change in Borough regulations. When an application for approval of a plan, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in this chapter or other Borough ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the Borough ordinances or plans as they stood at the time when the plan for such approval was duly submitted. Completion of improvements for sections of approved plans or extensions of time for the completion of required improvements shall follow the procedures as specified in § 509 of the Pennsylvania Municipalities Planning Code (Act 247), 53 P.S. § 10509, as amended.
[Ord. 899-8, 9/13/1989]
1. 
Approval of the preliminary plan by the Borough Council constitutes approval of the development as to the character and intensity of development, the general layout and the approximate dimensions of streets, lots, and other planned features. This approval binds the developer to the general scheme shown on the preliminary plan.
2. 
Approval of the preliminary plan shall not constitute approval of the final plan, nor does it authorize recording of the preliminary plan or the sale of any lots or the construction of any buildings. However, such approval does authorize the developer to proceed with the preparation of the final plan, installation, and construction of improvements subject to obtaining work permits from the Borough and/or the posting of a bond guaranty as specified in this chapter. Before the developer may proceed with any installation of improvements prior to the final plan approval, all drawings shall be provided with the engineering detail required for final approval.
[Ord. 899-8, 9/13/1989]
1. 
Approval of the final plan by the Borough Council constitutes final approval of the land development as to the character and intensity of development, the layout and the dimensions of streets, lots and other planned features. This approval binds the developer to the scheme shown on the final plan.
2. 
Final plan approval authorizes the Secretary to proceed with the recording of the final plan which must be accomplished before the developer can proceed with the sale of any lots or the construction of buildings or structures.
[Ord. 899-8, 9/13/1989]
1. 
Upon approval of the final plan, the developer shall within 90 days of such approval record such plan in the office of the Recorder of Deeds of York County. Within 30 days after such recording, the developer shall furnish proof of recording to the Borough Secretary. Should the developer fail to furnish proof of recording the final plan within such period, the approval of the Borough Council shall be null and void, unless an extension of time has been granted by the Borough Council upon written request.
2. 
The recording of the final plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.
[Ord. 899-8, 9/13/1989]
For any replotting or resubdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision. Such plan however, shall be titled a "revised final plan" and the date of original plan approval as well as the plan number must be noted on the revised plan.
[Ord. 899-8, 9/13/1989]
When minor changes from the accepted drawings and specifications become necessary during construction, written acceptance by the Borough Council, with the advice of the Borough Engineer, shall be secured before the execution of such.