Article IV Procedure for Subdivision and Land Development

Three stages are included in the procedure for approval of subdivision and/or land development plans: sketch, preliminary, and final. These stages are established to enable the Newtown Borough Planning Commission and the Newtown Borough Council to have an adequate opportunity to review the submission, and to ensure that their formal recommendations are reflected in the final plan.

Separate preliminary and final plan submissions are required for all applications for any subdivision and/or land development approval. Applications and plans for any subdivision and/or land development approval may not be submitted as final or as preliminary/final without first having been submitted, reviewed and approved strictly as preliminary plans.

The time restrictions of this chapter for review and action on plans shall apply separately to preliminary and final plan submissions, thereby entitling Newtown Borough the maximum amount of time permitted by law for review and action on preliminary and final plan submissions. The submission of any revised preliminary and/or final plan shall constitute a new and separate submission subject to the review and time procedures set forth in this chapter. All revised plans must be accompanied by a completed application, appropriate fees and all required information.

Sketch plan.

A presubmission sketch plan is suggested, but is not required, for all subdivision and/or land development applications. A sketch plan may be submitted to Newtown Borough for review at any time prior to the submission of a preliminary plan.

The purpose of a sketch plan is to afford the applicant an opportunity to consult informally with the Newtown Borough Planning Commission before the preparation of the formal preliminary plans and formal application for preliminary subdivision and/or land development approval.

Any sketch plan review does not relieve the applicant from meeting all applicable law, rules, ordinances and other applicable requirements.

Optional preapplication procedures for traditional neighborhood development (TND) sketch plan review.

[Added 2-12-2011 by Ord. No. 711]

The applicant schedules an initial pre-submission meeting with the Borough to discuss the procedure for approval of a TND project, including submittal requirements and design standards. A conceptual sketch plan is presented at this meeting for informal review by the Newtown Borough Planning Commission.

Based on review of the conceptual sketch plan and revisions resulting from the initial meeting, a detailed sketch plan is submitted. This plan may also be conceptual in detail and should reflect all agreed-upon revisions and be accompanied by a reasonable projected schedule for implementation of the total development.

Based on its review and comments to the applicant regarding the detailed sketch plan and projected schedule, the Planning Commission submits these documents with its comments and recommendations to Borough Council for its consideration and comment on the project concept.

Borough Council's support of a detailed sketch plan may affirm that the plan presented conforms with the requirements of TND-1, contained in § 550-14D, or TND-2 contained in § 550-14E of Chapter 550, Zoning, whichever is applicable. The plan shall be conditioned upon formal approval of preliminary and final land development plans in compliance with the Pennsylvania Municipalities Planning Code[1] and this chapter.

[1]

Editors Note: See 53 P.S. § 10101 et seq.

§ 486-10 Preliminary plan procedures.

A preliminary plan will be required for all subdivisions and land developments in the Borough of Newtown. The preliminary plan and all information and procedures relating thereto shall be in compliance with the applicable provisions of Chapter 550, Zoning, and this chapter. The requirements of preliminary plans are set forth in Article VII of this chapter. The procedure for preliminary plan approval is as follows:

The applicant prepares a preliminary plan and application. The applicant submits copies of the preliminary plan and application to the Borough at least 30 calendar days in advance of the Newtown Borough Planning Commission meeting.

The application shall be made on forms available at the Borough office and shall be received by the Zoning Officer at the Borough office.

The application shall be accompanied by a statement from the appropriate agency indicating that the proposed subdivision or land development will be served with public water.

The application shall be accompanied by a statement from the appropriate agency indicating that the proposed subdivision will be served with public sanitary sewers.

The application shall be accompanied by a specified fee and deposit. Such fees shall include the reasonable and necessary charges for the Borough Engineer and other professional consultants to review the plans, in accordance with a Fee Schedule set by resolution of the Borough Council.

(5)

The application shall be accompanied by 6 printed sets and 1 digital copy of the preliminary subdivision and/or land development plans and data prepared in accordance with this chapter, 10 additional copies of the record plan, landscaping plan, and grading/public improvements plan and additional printed copies as requested.

[Amended 11-10-2020 by Ord. No. 773]

Upon submission of a preliminary plan, the Zoning Officer shall determine if the application is complete and accept the application or determine if the application is incomplete and shall not accept the application.

The Borough shall distribute copies of the preliminary plan, data and application to Borough Council, Borough Planning Commission, Borough Engineer, Borough Fire Marshal, Borough Solicitor and Borough files.

[Amended 2-9-1999 by Ord. No. 579]

The applicant shall be responsible for distributing plans, fees, and application forms to the other appropriate agencies having jurisdiction, including but not limited to the water company, sewer authority, the Bucks County Department of Health, the Bucks County Conservation District and the Bucks County Planning Commission. Further, applicant shall deliver written notice by first class mail to all persons who shall own property within 300 feet of any property which shall be the subject of an application before the Borough Planning Commission. The notice shall advise that a submission has been made regarding the specific property and that information regarding the hearing date may be obtained from the Borough offices. A copy of the notice shall be submitted with the application.

[Amended 2-9-1999 by Ord. No. 579; 11-10-2020 by Ord. No. 773]

The Borough Engineer, following receipt of the plans from the Borough, shall:

Review all aspects of the plan submission including all engineering considerations and compliance with Borough ordinances. In his review, the Borough Engineer shall determine the adaptability of the project to Borough design standards and shall apply such judgment and specification interpretation as may be necessary to clarify the intent of all engineering considerations.

Prepare a report for the Planning Commission and Borough Council.

The Borough Fire Marshal, following receipt of the plans from the Borough, shall:

[Added 2-9-1999 by Ord. No. 579]

Review all aspects of the plan submission as it pertains to, including but not limited to, emergency and fire protection concerns, fire lanes, hydrants, vehicle access and compliance with all Borough ordinances as the same relate to fire and emergency protection.

Prepare a report for the Planning Commission and Borough Council.

Following receipt of the complete plan submission, the Borough Planning Commission shall:

Receive and review the applicant's submission;

Listen to applicant's presentation; and,

Receive and review the report by the Bucks County Planning Commission, and other agencies or persons submitting a report;

Receive and review the report by the Borough Engineer;

(5)

Discuss submission with the applicant.

Following a review of the applicant's submission and discussion of the submission with the applicant, the Planning Commission shall:

Evaluate the applicant's submission and presentation, the County Planning Commission's report and the Borough Engineer's report;

Determine whether the preliminary plans meet the objectives and requirements of this chapter and Chapter 550, Zoning. No recommendation will be made on the plan application until any variances or special exceptions needed for compliance with Chapter 550, Zoning, have been granted by the Borough Zoning Hearing Board.

Submit a report on the plan for use by the Borough Council, such report to be contained within the Commission's regular minutes or as a separate report, at the discretion of the Planning Commission.

The Planning Commission shall carefully study the practicability of the preliminary plan, taking into consideration the requirements of the community and the best use of the land being developed and/or subdivided. Particular attention will be given to the arrangement, location and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, and the future development of adjoining lands as yet unsubdivided.

Following receipt of the Borough Planning Commission's report and within 90 days following the date of the first regular Planning Commission meeting which follows the date the application is filed, the Borough Council shall:

Receive and review the applicant's submission, listen to the applicant's presentation and discuss the project with the applicant;

Receive and review the reports by the Planning Commission, the Bucks County Planning Commission, the Borough Engineer, and other agencies or officials who have submitted a report;

Evaluate the applicant's submission, presentation, the discussion with the applicant, the Borough Engineer's report and the Planning Commission's report;

Determine whether the preliminary plan meets the objectives and requirements of this chapter;

(5)

Express its approval of the plan, stating the conditions of such approval, if any, or its disapproval, stating the reasons therefor. If the Borough Council attaches conditions to the approval of any plan, the applicant must accept and agree to all such conditions or the plan will be denied based on noncompliance with ordinance requirements. If a preliminary plan is conditionally approved as aforesaid, it shall not be given final approval by the Borough Council until all conditions are met and corrected on the final plan.

(6)

Within 15 calendar days following the decision, the Borough Council shall communicate, in writing, to the applicant:

(a)

The specific changes, if any, they will require in the plan.

(b)

The character and extent of the required public improvements.

(c)

The amount and terms of the performance bond or other security which the Borough Council will require, among other conditions in the public interest, and prerequisites to the approval of the final plan to be submitted subsequently.

(7)

Failure of the Borough Council to render a decision and communicate it to the applicant within 90 days following the receipt of the application and in the manner required by the Pennsylvania Municipalities Planning Code (Act 247, as amended)[1] shall be deemed an 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 the presentation of communication of the decision; in which case, failure to meet the extended time or change in manner of the presentation of communication shall have like effect.

[1]

Editors Note: See 53 P.S. § 10101 et seq.

§ 486-11 Final plan procedure.

A final plan shall be submitted conforming to the changes recommended 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 this chapter and Chapter 550, Zoning, of the Borough of Newtown Code. Requirements for final plans for subdivisions and land developments are set forth in Article VII of this chapter.

Procedure for the approval of the final plan shall be identical to the procedure outlined in § 486-10 of this article for preliminary plans.

If approved, two exact copies of the approved final plan on linen shall be submitted for signatures as set forth in this chapter.

If approved by Borough Council, the final land development plan for a TND, as well as all other commitments and contractual agreements with the Borough offered or required with regard to project value, character, and other factors pertinent to an assurance that the proposed development will be carried out as presented in the official submittal plans, shall be filed with Newtown Borough.

[Added 2-12-2011 by Ord. No. 711; amended 11-10-2020 by Ord. No. 773]

Formal documents for maintenance of public space shall be executed for streets, parks, plazas, open space, and other public areas within a TND, based on private ownership or dedication to Newtown Borough.

[Added 2-12-2011 by Ord. No. 711; amended 11-10-2020 by Ord. No. 773]

§ 486-12 Recording of final plan.

Signing of final plan.

[Amended 2-9-1999 by Ord. No. 579; 6-12-2001 by Ord. No. 615]

Prior to the signing by the Borough Council of a plan which has received final approval, all development agreements shall be executed and funded, all fees shall be paid, and all conditions of final approval shall be completed. The final plan shall be submitted for signature by the Borough Council within 90 days after satisfaction of the last of the foregoing conditions or the approval shall be deemed to lapse and become void.

The final plan, as approved and signed by the Borough Council, shall, within 90 days of the date the final plan is signed by the Borough Council be recorded by the applicant at its expense in the Office of the Recorder of Deeds of Bucks County. Plans submitted for recording with the Bucks County Recorder of Deeds shall officially note that the plans have been reviewed by the Bucks County Planning Commission. 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 plan is recorded.

If the plan is not submitted for signature within the ninety-day period provided in Subsection A(1) above or not recorded within the ninety-day period provided in Subsection A(2) above, the approval shall lapse and become void. The Borough Council may extend the ninety-day period to record the plan upon written application by the applicant.

Effect of recording.

After a subdivision or land development plan 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 Act 247.

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 applicant may note on the plan that such improvements have not been offered for dedication to the Borough.

Every street, park or other improvement shown on a subdivision or land development plan that is recorded shall be deemed to be a private street, park or improvement until such time as it has been offered for dedication to the Borough and accepted by resolution and recorded in the Bucks County Courthouse or until it has been condemned for use as a public street, park or other improvement.