Copies of this chapter shall be available at a reasonable charge on request for the use of any person who desires information concerning subdivision and land development standards and procedures in effect within New Salem 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 the applicability of the provisions of this chapter.
A. 
Prospective applicants may submit a sketch plan for review by the Planning Commission. A sketch plan, if submitted, shall include at least those items listed in § 205-19.
B. 
A sketch plan will be considered as submitted for informal review and discussion and shall not constitute formal filing of the plan with the Borough.
C. 
As far as may be practical on the basis of the sketch plan review and discussion, the Planning Commission will informally advise the prospective applicant of the extent to which the proposed land development conforms to the applicable provisions of this chapter and will discuss possible plan revisions necessary to secure conformance.
A. 
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 21 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 § 205-76.
B. 
The initial subdivision plan filed with the Borough for formal review and approval shall be considered as a preliminary plan. In those instances where a plan revision to the New Salem Borough Official Sewage Facilities Plan is required (Components II, III or IV of the Planning Module for Land Development), a planning module must also be submitted.
C. 
However, in the event that the initial plan is for a land subdivision involving five lots or less and involving no new streets or other public improvements, and is certified by the developer to constitute the entire extent of his development intentions, the developer may proceed directly to final plan preparation in compliance with the requirements of § 205-24. The processing of a minor land subdivision plan shall be consistent with the procedures for processing a final plan as required in this article.
D. 
The developer shall submit the preliminary plan and/or final plan drawn on linen, reproducible mylar, or another permanent drafting film (not including sepia prints) approved by the Borough Engineer, along with 10 copies, blue- or black-line paper prints, as well as two copies of the required supporting data. Preliminary and final plans shall comply with the requirements of Article IV.
E. 
An application for final plan approval may be for all land included in the approved preliminary plan or for a section thereof. When preliminary plan approval, either with or without conditions, has been granted by the Borough Council, the developer shall have a maximum of a two-year period after the preliminary plan approval date to submit an application for final plan approval. In the event the land development is to be constructed in stages or phases, the application for final plan approval of the first stage or phase must be submitted within a two-year period from the date of preliminary plan approval, and each successive stage or phase must be submitted within a two-year period of the preceding stage or phase. Failure to submit an application for final plan approval of any stage or phase within the specified time period will void the preliminary plan approval if a one-stage or phase development is being carried out or will void the approval of the remaining stages or phases of the preliminary plan on which applications for final plan approval have not yet been submitted in the case of a multiple-stage or -phase development. However, if, due to extenuating circumstances beyond his control, the developer cannot submit an application for final plan approval of any stage or phase within the specified time period, he may apply to the Borough Council for a time extension.
A. 
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 § 205-3 of this chapter.
B. 
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:
(1) 
One copy of the plan and one copy of all supporting data transmitted to the Borough Engineer for review and recommendations.
(2) 
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.
(3) 
One copy of the plan transmitted to the local office of the York County Conservation District for review and recommendations concerning erosion, sedimentation and drainage control.
(4) 
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.
(5) 
One copy transmitted to the appropriate fire company officials for their review and comments.
(6) 
One copy of all material shall be transmitted to the Borough Solicitor in the case of major subdivisions.
C. 
The Secretary shall also retain one copy of all material for the Borough file.
A. 
All plans, whether preliminary or final, shall be reviewed by the Borough with reference to the following:
(1) 
The standards and requirements of this chapter.
(2) 
Any proposals contained in the New Salem Borough Comprehensive Plan.
(3) 
Site suitability for the particular type of development proposed.
(4) 
The availability of necessary services and facilities.
(5) 
The requirements of any other applicable Borough ordinance.
(6) 
The improvements, design and dedications or reservation required by this chapter.
B. 
In addition, any comments and recommendations from the following persons or agencies shall be given consideration:
(1) 
The Borough Engineer.
(2) 
The York County Planning Commission.
(3) 
The Pennsylvania Department of Environmental Protection.
(4) 
The Borough Sewage Enforcement Officer.
(5) 
The York County Conservation District.
(6) 
The Pennsylvania Department of Transportation.
(7) 
Affected public utilities.
(8) 
Local fire company officials.
(9) 
Interested citizens.
(10) 
The Borough Solicitor.
Before acting on any land development or subdivision plan, the Borough Council may hold a public hearing thereon pursuant to public notice.
A. 
Plan approval.
(1) 
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 New Salem Borough Planning Commission next following the date the application is filed; provided that, should the said next regular meeting occur 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.
(2) 
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 a guarantee posted as required in Article VI, and all required fees are paid.
(3) 
The developer or a designated representative is strongly urged to 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.
B. 
Notification.
(1) 
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.
(2) 
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.
(3) 
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.
C. 
Effect of ordinance amendments.
(1) 
From the 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 of 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. However, if a plan is properly and finally denied, any subsequent plan shall be subject to the intervening change in Borough regulations.
(2) 
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 Section 509 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
A. 
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.
B. 
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 guarantee as specified in this chapter. Before the developer may proceed with any installation of improvements prior to final plan approval, all drawings shall be provided with the engineering detail required for final approval.
A. 
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.
B. 
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.
[Amended 4-4-2006 by Ord. No. 2-2006]
Upon approval of the final plan, the developer shall, within 90 days of such 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 York County.
For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision.
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 changes.