[Amended 9-26-1989 by Ord. No. 703]
All required subdivision and land development plans, as defined in Article III herein, shall be submitted in accordance with the following procedures.
A.
All plans filed for approval shall be submitted in the following
order:
(1)
Tentative sketch plan (may be submitted to the Borough Planning Commission
for informal discussion and guidance).
(2)
Minor subdivision plan or minor land development plan (may be submitted
in satisfaction of preliminary and final plan requirements for all
applicable subdivision or land developments).
(3)
Preliminary plan.
(4)
Final plan.
B.
Each plan, whether tentative, minor subdivision or minor land development,
preliminary or final, shall be filed one at a time; no subsequent
plans shall be filed until a decision on the preceding plan has been
reached.
C.
When the decision reached concerning an application for approval of a specific plan results in a denial of the plan, then the applicant, when/if he/she should reapply requesting approval of the plan, shall do so in accordance with the plan sequences outlined in § 420-14A herein and additional procedures below.
D.
Applications for approval of a subdivision or land development plan
shall be received by the Borough Manager. Submittal and processing
fees for plans and specifications for such plans shall accompany the
applications. An application shall not be considered complete until
such fees are paid. No fee is required for a sketch plan submission.
E.
The applicant, or his agent, shall be required to appear in person
at the Borough Hall in order to make application for approval of a
plan and file plans therewith.
F.
Formal application shall be received at any time during normal Borough
working hours. All applications for approval of a plan shall be acted
upon by the Borough Council, and such decisions shall be communicated
to the applicant, in writing, not later than the prescribed time period
according to the Pennsylvania Municipalities Planning Code.
G.
The applicant must submit a tentative, minor subdivision, minor land
development, preliminary, or final plan for review prior to applying
to the Zoning Hearing Board for the granting of variances or special
exceptions. If, during the review process, it is determined that a
variance or special exception is necessary, then the applicant shall
apply to the Zoning Hearing Board for such.
H.
Schedule of plan processing steps.
(1)
Applications for subdivisions or land development, accompanied by
a minimum of five copies of the proposed plan, shall be received at
the Borough Hall by the Borough Manager.
(3)
A cursory examination of the plan will be conducted to ensure basic compliance with the plan submission requirements of this Article IV.
(5)
Application for approval of a subdivision or land development plan
shall be placed on the agenda of the next Borough Planning Commission
meeting following submission of the application.
(6)
Application for approval of a subdivision or land development plan
shall be placed on the agenda of the next Borough Council meeting
following receipt by the Borough Manager of the recommendation of
the Montgomery County Planning Commission,[1] Borough Planning Commission and Borough Engineer.
[1]
Note regarding § 420-14H(6):
According to the requirements of the Pennsylvania Municipalities
Planning Code, Act 247, and the policies of the Montgomery County
Planning Commission, the recommendations of the County Planning Commission
shall be submitted to the Borough Council no later than the time period
currently specified in Act 247. In accordance with the polices of
the Montgomery County Planning Commission, the date that the county
review period begins shall be the date the application is received
at the county. A review will be considered late only if the date on
the county's report is more than the mandated number of days of the
review period, unless a time extension has been granted or the proposal
was temporarily withdrawn. When the review period has been suspended
for any valid reason, the review period will continue counting from
the date on which it was stopped upon resolution of the problem. In
no case, however, shall the review period be resumed with less than
15 days remaining.
(7)
The Borough Council shall require the applicant to submit copies
of all necessary permits from those governmental agencies from which
approval is required by federal or state law.
(8)
The Borough Council shall act on the plan within 90 days after the
date of the next regular meeting of the Borough Planning Commission
following the date the application is submitted. If, however, the
next regular meeting of the Borough Planning Commission occurs more
than 30 days following the filing of the application, the said ninety-day
period shall be measured from the 30th day following the day the application
has been filed. The following optional consequences shall result from
action by the Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
If the Council approves the plan, the Borough Manager will so
certify thereon and two copies of the approved plan will be forwarded
to the applicant. The applicant would then resubmit four copies of
the approved plan (two paper copies and two Mylar or linen copies
for seal and signature).
(b)
The Council may conditionally approve a plan, in which case
the applicant shall demonstrate compliance to the Borough Engineer
unless major revisions are required, in which case applicant shall
appear at a subsequent Council meeting.
(c)
If the Council disapproves the plan, the Borough Manager will
notify the applicant, in writing, of the defects in the application,
will describe the requirements which have not been met and shall cite
the provisions of state law or Borough ordinance relied upon.
(9)
Approval will be effective for a period of five years, unless extended
by Council. Where final approval is preceded by preliminary approval,
the five-year period shall be counted from the date of preliminary
approval. No subsequent change or amendment in the zoning, subdivision
or other governing 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.
(10)
When deemed desirable, the applicant may be requested to agree,
in writing, to an extension of the time prescribed herein, in which
case the Council, when rendering its decision, shall communicate it
to the applicant prior to the termination of the extended time period.
(11)
If the Borough Council determines that only a portion of a proposed
plan can be safely developed, it shall limit development to that part
and shall require that development proceed consistent with this determination.
(12)
When a developer does not intend to develop the plan himself
and the Borough Council determines that additional controls are required
to ensure safe development, it may require the developer to impose
appropriate deed restrictions on the land. Such deed restrictions
shall be inserted in every deed and noted on the record plan.
(13)
No applicant shall be permitted to submit a new subdivision
or land development plan for which there exists a prior approved plan,
unless the applicant agrees, in writing, that as a condition of approval
of the new application, the applicant will withdraw the prior approved
application.
(14)
The approval of a subdivision or land development plan near
or within the floodplain shall not constitute a representation, guarantee
or warranty of any kind by the municipality, or by an official or
employee thereof, of the practicability or safety of the proposed
plan and shall create no liability upon the Borough, its officials,
or employees. The degree of floodproofing intended to be provided
by the Borough floodplain management regulations is considered reasonable
for regulatory purposes and is based on engineering and scientific
methods or study. These regulations do not imply that areas outside
floodplains or subdivisions or land developments permitted within
such areas will always be totally free from flooding or flood damage.
(15)
When requested by the applicant, the Borough Council shall furnish
the developer with a signed copy of a resolution indicating approval
of the final plan contingent upon the applicant obtaining a satisfactory
financial security. The final plan shall not be signed or recorded
until any financial improvements agreement is executed. The resolution
of contingent approval shall expire and be deemed to be revoked if
any financial security agreement is not executed within 90 days unless
a written extension is granted by the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon approval of a final plan of subdivision or land development,
the applicant shall, within 90 days of such final approval, or 90
days after the date of delivery of an approved plat signed by the
governing body following completion of conditions imposed for such
approval, whichever is later, record such plan in the office of the
Recorder of Deeds of Montgomery County, Pennsylvania. The approved
final plan shall bear the official signature and seal of the Borough
of Royersford, and the review stamp of the Montgomery County Planning
Commission, prior to recording.
