[Ord. 465, 1/8/1979; as amended by Ord. 549, 7/8/1985; and by Ord. 650, 11/30/1995]
1. Subdividers may prepare a sketch plan and submit it to the Planning Commission prior to the submission of a preliminary plan. The sketch plan will enable the Planning Commission to render review of the site plan for general scope and conditions which might affect the plan. Such plans should include the elements listed in §
22-301.
2. Subdividers
shall submit a preliminary plan and support documents for a proposed
subdivision or land development to the Borough Planning Commission
for approval prior to the submission of a final plan.
3. Subdivision
plans and supporting data submitted to the Planning Commission will
be considered at the Commission’s next regularly scheduled meeting,
provided that they are received at least 30 calendar days in advance
of the meeting.
4. Minor Subdivisions. In cases where a proposed subdivision involves lots fronting on an existing public right-of-way, and no new streets, sanitary sewers, storm sewers, water mains, gas mains, or pipes or other improvements are needed, or where the proposed subdivision contains three or fewer new lots and involves a total of 10 acres or less, the requirements of the preliminary plan shall be waived, and the subdivider shall comply with the procedure described in §
22-203 for final plan.
5. Prior
to the granting of either preliminary or final approval to any developer
of any proposed subdivision, the Commission shall refer said proposed
subdivision plan to the planning agency, if one exists, of each adjoining
municipality adjoining the subdivision.
[Ord. 465, 1/8/1979; as amended by Ord. 549, 7/8/1985; and by Ord. 650, 11/30/1995]
1. Preliminary plans and supporting data shall comply with submission requirements in §
22-302 and design standards in Part
4.
2. Ten copies
of the preliminary plan shall be submitted to the Planning Commission
by the subdivider.
3. Fees
to defray the cost of subdivision review shall be paid (to the order
of the Borough) at the filing of the preliminary plan.
A. Review
fees shall be as established by a schedule adopted by resolution of
the Borough Council, and may include the reasonable and necessary
expense incurred for the inspection of improvements and reasonable
and necessary charges by the Borough’s professional consultants
or engineer for review and report thereon to the Borough. Such expenses
and charges shall be in accordance with the ordinary and customary
charges therefore and shall not exceed the expenses or charges to
the Borough.
B. If an
applicant disputes the amount of any review fees, the applicant shall,
within 10 days of the later of the billing or of the filing date of
the preliminary plan, notify the Borough that the fees are disputed,
in which case the review of the preliminary plan shall proceed without
regard to the matter of the review fees.
C. If,
within 20 days of the date of billing, the Borough and the applicant
cannot agree on the amount of expenses which are reasonable and necessary,
they shall then jointly, by mutual agreement, appoint another professional
engineer, licensed as such in the Commonwealth of Pennsylvania to
review the expenses and determine the amount thereof which is reasonable
and necessary. The professional engineer shall hear such evidence
and review such documentation as he or she in his or her sole opinion
deems necessary and render a decision within 50 days of the billing
date. The applicant shall be required to pay the entire amount determined
in the decision immediately.
D. If the
Borough and the applicant cannot agree upon the professional engineer
to be appointed, then, upon application of either party, the President
Judge (or, if none, the senior active judge then sitting) of the Court
of Common Pleas of the 17th Judicial District shall appoint the professional
engineer, who, in that case, shall be neither the Borough Engineer
nor any professional engineer who has been retained by or has performed
services for the Borough or the applicant within the preceding five
years.
E. The
fee of the appointed professional engineer deciding the dispute shall
be paid by the applicant if the amount of payment required in the
decision is equal to or greater than the original bill, by the Borough
if the amount is less than the original bill by $1,000 or more, or
one-half each by the applicant and the Borough if the amount is otherwise.
4. The Planning
Commission Secretary shall transmit copies of the preliminary plan
to:
A. Borough
Manager–one copy.
B. Borough
Council–one copy.
C. Borough
Engineer–one copy.
D. Borough
Solicitor–one copy.
E. County
Planning Commission–two copies and review fee.
F. Utility
companies–to each company whether public or private.
G. Adjoining municipalities–one copy (pursuant to §
22-201.5).
5. The Borough
Planning Commission may discuss the preliminary plan and supporting
material with appropriate officials of local, County and State agencies
and utility companies.
6. Within
60 days, the Borough Planning Commission shall review the preliminary
plan at a regularly scheduled meeting to determine its conformance
with the requirements of these regulations and the Planning Commission
shall recommend approval, conditional approval, or disapproval of
the preliminary plan.
7. When
the Planning Commission has required modifications to be made on the
plan, the applicant shall submit four copies of the plan showing the
required modifications.
8. Following
formal action by the Planning Commission, the preliminary plan and
any recommendations shall be transmitted to the Borough Council. If
the Borough Council does not receive the Planning Commission’s
recommendations within 60 days of the initial submission of the preliminary
plan, such shall be considered as favorable review by the Planning
Commission.
9. The Borough
Council may take any of the following actions:
A. Approval
of the entire plan.
B. Approval
of plan in part.
C. Subject
the plan to modifications or conditions.
E. Table
an incomplete plan.
10. The
Borough Council shall render its decision and communicate it to the
applicant no later than 90 days after the date of the first regular
meeting of the Planning Commission following the date the preliminary
plan is submitted, provided that if that regular meeting should occur
more than 30 days after the submission, the ninety-day period shall
be measured from the 30th day following the day the plan has been
submitted.
Failure of the Borough Council to render a decision and communicate
it to the applicant within the ninety-day period shall be deemed an
approval of the preliminary plan, unless the applicant has agreed
in writing to an extension of time or change in manner of communicating
the decision, in which case, failure to meet the extended time or
change in manner of communication shall have like effect.
11. 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 to the provisions
of the ordinance relied upon.
12. Approval
of the preliminary plan, subject to conditions, revisions, and modifications
as stipulated by Borough Council, shall constitute conditional approval
of the subdivision as to the character and intensity of the development
and the general layout and approximate dimensions of streets, lots,
and other proposed features.
[Ord. 465, 1/8/1979; as amended by Ord. 549, 7/8/1985; and by Ord. 650, 11/30/1995]
1. A final
plan with supporting data shall be submitted to the Planning Commission
for final approval within five years after approval of the preliminary
plan; provided, that an extension of time may be granted for cause
shown, by the Planning Commission upon written request. Otherwise,
the plan submitted shall be considered as a new preliminary plan.
2. The final
plan shall conform in all important respects with the preliminary
plan as previously approved by the Borough Council and shall incorporate
all modifications and revisions specified by the Council in its conditional
approval of the preliminary plan.
3. The Planning
Commission may permit submission of the final plan in sections each
covering a portion of the entire proposed subdivision as shown on
the preliminary plan, thereby extending for an additional year preliminary
plan approval of the remaining portion of the proposed subdivision.
4. The final
plan and supporting data shall comply with the provisions of Parts
4 and 5 of this Chapter. Failure to do so shall be cause for disapproval
of plans.
5. Ten copies
of the final plan with supporting data and the appropriate County
Review Fee shall be submitted to the Planning Commission. (No charge
will be made for a final plan submitted after preliminary plan has
been submitted and approved.) The Planning Commission Secretary shall
transmit copies of the plan to:
A. Borough
Manager–one copy.
B. Borough
Council–one copy.
C. Borough
Engineer–one copy.
D. Borough
Solicitor–one copy.
E. County
Planning Commission–two copies.
F. Utility
companies–one to each company whether public or private.
G. Adjoining municipalities–one copy (pursuant to §
22-201.5).
6. The Borough
Planning Commission may discuss the final plan and supporting material
with appropriate officials of local, County, and State agencies and
utility companies.
7. Within
60 days, the Borough Planning Commission shall review the final plan
at a regularly scheduled meeting to determine its conformance with
the requirements of these regulations, and the Planning Commission
shall recommend approval, conditional approval, or disapproval of
the final plan.
8. Upon
receipt of the final plan with the recommendations of the Planning
Commission attached thereto, the Borough Council shall review the
final plan for compliance with the provisions of this Chapter. If
the Borough Council does not receive the Planning Commission’s
recommendations within 60 days of the initial submission of the final
plan, such shall be considered a favorable review by the Planning
Commission.
9. The action
taken by the Borough Council shall be recorded on all copies of the
final plan which were retained by the Planning Commission following
the initial application, two copies being returned to the subdivider.
10. At
the time of approval by the Borough Council, the original drawing
showing the final plan shall be made available for signature by the
Council.
11. The
Borough Council shall render its decision and communicate it to the
applicant no later than 90 days after the date of the first regular
meeting of the Planning Commission following the date the final plan
is submitted, provided that if that regular meeting should occur more
than 30 days after the submission, the ninety-day period shall be
measured from the 30th day following the day the plan has been submitted.
Failure of the Borough Council to render a decision and communicate
it to the applicant within the ninety-day period shall be deemed an
approval of the final plan, unless the applicant has agreed in writing
to an extension of time or change in manner of communicating the decision,
in which case, failure to meet the extended time or change in manner
of communication shall have like effect.
12. The
decision of the Borough Council shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
no later than 15 days following the decision.
The Borough Council may issue a conditional approval to a final
plan. The conditions shall specify the defects in the plan and describe
the requirements which must be met. The applicant shall have 10 days
from the date of the Borough Council’s communication in writing
of the conditional approval in which to accept or reject the conditions.
Failure by the applicant to indicate acceptance or rejection within
the 10 days shall cause the conditional approval to be automatically
rescinded, and the final plan shall be deemed to be disapproved. A
rejection of the conditions shall cause the plan to be deemed to have
been disapproved.
Upon acceptance of the conditional approval, the applicant shall
have 30 days in which to resubmit the corrected final plan.
13. 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 provision
of the ordinance relied upon.
14. Required
modifications to the final plan, if any, shall be noted on five prints
of the plan. The prints marked for modification, together with the
official notification of the Borough Council’s action, shall
be distributed as follows:
A. One
copy to the Borough Planning Commission files.
B. One
copy to the subdivider.
C. One
copy to Borough Council files.
D. One
copy to the Borough Engineer, if one has been appointed.
15. The
subdivider shall record the final plan in the office of the Recorder
of Deeds of Snyder County within 20 days after the date of approval
by the Council.
[Ord. 465, 1/8/1979; as added by Ord. 549, 7/8/1985]
In cases where a land owner desires to convey a parcel of land as an addition to an existing adjoining tract, the subdivider shall submit to the Borough Planning Commission a survey plan with seal and a letter outlining his or her intentions. After receiving the Planning Commission’s recommendation, the Borough Council shall determine whether more information will be required. If more information is required, the applicant shall provide it before the Borough Council takes final action under §
22-203. Upon receiving final approval under §
22-203, the adjoining tract and the parcel added to it shall be deemed one lot for all purposes, and the plan to be recorded shall state that the added parcel shall hereafter be deemed a part of the adjoining lot for all purposes.