A.
All plans filed for approval shall be submitted in the following
order:
(1)
Tentative sketch plan (optional or if requested by the Borough).
(2)
Minor subdivision plan or minor land development plan (may be submitted
in satisfaction of standard preliminary and final plan requirements
for all applicable subdivision or land development).
(3)
Standard preliminary plan.
(4)
Final plan.
B.
Each plan, whether tentative, minor subdivision or minor land development,
standard 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 and if he should reapply requesting approval of the plan, shall do so in accordance with the plan sequence outlined in Subsection A herein, and the additional procedures below.
D.
Applications for approval of a subdivision or land development plan
shall be received by the Borough Secretary. Submittal and processing
fees for plans and specifications for such plans shall accompany the
applications.
E.
The applicant or his agent shall be required to appear in person
at the offices of the Borough Secretary 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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
The applicant must submit a tentative, minor subdivision, minor land
development, standard preliminary, or final plan for review, prior
to applying to the Zoning Hearing Board for the granting of variances,
special exceptions, and conditional uses. If during the review process
it is determined that a variance, special exception, or a conditional
use is necessary, then the applicant shall apply to the Zoning Hearing
Board for such.
H.
The schedule of plan processing steps shall be as follows:
(1)
Applications for subdivision or land development, accompanied by
six copies of the proposed plan, shall be received by the Borough
Secretary.
(3)
A cursory examination of the plan will be conducted to ensure basic
compliance with the plan submission requirements of this article.
(4)
The Borough Secretary shall distribute copies of the plan to the
following persons, agencies or groups:
(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 formal 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 Secretary of the recommendation of
the Montgomery County Planning Commission (NOTE: According to Montgomery
County Planning Commission policy, recommendations of the MCPC shall
be submitted to the Borough Council no later than 45 days from the
date specified on the application form requesting MCPC review. If
the specified date is more than five days prior to MCPC's receipt
of the review request, the forty-five-day review period shall commence
five days prior to such receipt. If no date is specified on the review
request, the forty-five-day review period shall commence five days
prior to such receipt. If no date is specified on the review request,
the forty-five-day review period shall commence two days prior to
receipt. If an applicant grants a time extension to the Borough, the
MCPC review period will be extended the appropriate number of days.
The MCPC review period may be suspended if the proposal is temporarily
withdrawn, if the review fee is not received, or for any other valid
reason; in such case, the forty-five-day review period shall not resume
until the situation is resolved. In no instance shall the review period
be resumed for a period of less than 15 days.), Borough Planning Commission,
and Borough Engineer.
(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 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 of the Borough Planning Commission occur
more than 30 days following the filing of the application, said ninety-day
period shall be measured from the 30th day following the date the
application has been filed. The following optional consequences shall
result from action by the Borough Council:
(a)
If the Council approves the plan, the applicant shall provide
the requisite copies, including Mylar or linen copies for seal, signature
and recording as required by Borough Council, the Montgomery County
Planning Commission, and the Recorder of Deeds in and for Montgomery
County.
(b)
The Borough Council may conditionally approve a plan, in which case the applicant shall appear at a subsequent Borough Council meeting to demonstrate compliance with the conditions stipulated. The applicant shall submit the proper copies of the plan as per Subsection H(8)(a) above.
(c)
If the Borough Planning Commission or the Borough Council disapproves
the plan, the applicant shall be notified in writing at his last known
address not later than 15 days following the decision.
(9)
Changes in this chapter or the Zoning Ordinance[2] shall affect plats as follows:
(a)
From the time an application fee for approval of a plat, whether
preliminary or final, is duly filed as provided in this chapter, and
while such application is pending approval or disapproval, no change
or amendment to the zoning, subdivision or other governing ordinance
or plan shall affect the decision on such application adversely to
the applicant and the applicant shall be entitled to the decision
in accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed. In addition,
when a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the terms of
the approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
(b)
When an application for approval of a plat, whether preliminary
or final, has been approved without conditions or approved by the
applicant's acceptance of conditions, 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.
(c)
Where final approval is preceded by preliminary approval, the
aforesaid 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 governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
(d)
Where the landowner has substantially completed the required
improvements as depicted upon the final plat within the aforesaid
five-year limit, or in any extension thereof as may be granted by
the governing body, no change of municipal ordinance or plan enacted
subsequent to the date of filing of the preliminary plat shall modify
or revoke any aspect of the approved final plan pertaining to zoning
classifications or density, lot, building, street or utility location.
(e)
In the case for preliminary plat calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plat delineating all proposed
sections as well as deadlines within which the applications for final
plat 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 plat approval, until final plan approval of the
final section has been granted and any modification in the aforesaid
schedule shall be subject to the approval of the governing body in
its discretion.
(f)
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 governing body in its
discretion. Provided the landowner has not defaulted with regard to
or violated any of the conditions of the preliminary plan plat approval,
including compliance with the landowner's aforesaid schedule
of submission of final plats for the various sections, then the aforesaid
protections afforded by substantially completing the improvements
depicted upon the final plat within five years shall apply and for
any section or sections, beyond the initial section, in which the
required improvements have been substantially completed within the
said five-year period, the aforesaid protection shall apply for an
additional term or terms of three years from the date of final plat
approval for each section.
(g)
Failure of the landowner to adhere to the aforescheduled submission
of final plats for the various sections shall subject any such section
to any and all changes in zoning, subdivision, and other governing
ordinance enacted by the municipality subsequent to the date of the
initial preliminary plan submission.
(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 insure 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)
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 any 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
this chapter is considered reasonable for regulatory purposes and
is based on engineering and scientific methods of study. This chapter
does 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.
(14)
Upon cause shown, Borough Council may grant a modification of
the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and the purpose
and intent of the ordinance is observed. All requests for modification
shall be in writing and shall accompany and be a part of the application
for development, together with a written extension of the time for
review signed by the applicant. The written request shall state in
full the grounds and facts of unreasonableness or hardship on which
the request is based, the provision or provisions of the ordinance
involved, and the minimum modification necessary.
[Added 9-5-2023 by Ord.
No. 475]
Upon receipt of an application for approval of a subdivision/land
development plan, at least 10 days before the first-time the applicant
is to appear on the agenda of the Trappe Borough Planning Commission,
the Borough shall give notice to the public as follows:
Upon approval of the final plan of subdivision, the plan shall
be recorded forthwith and not later than 15 days after approval. At
the discretion of Borough Council, the plan shall be recorded by the
Solicitor. Such recorded plans and copies shall depict all appropriate
stamps, seals and signatures, the date of recording and the plan book
and page number in which the plan is recorded. The applicant shall
pay for all the expense and costs associated with recording of the
plan.
