A. 
Submission of application. Whenever any subdivision or development of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure or use of land in such proposed subdivision or land development shall be granted, the subdividing or developing owner, or his authorized agent, shall submit a complete application and shall secure approval of such subdivision or land development in accordance with the following procedures.
B. 
Official submission dates. For the purpose of these regulations, for both land development and subdivisions, the official submittal date of the preliminary or final plan at which the ninety-day statutory period required for formal approval or disapproval of the preliminary or final plan shall commence to run shall be the date of the regular meeting of the 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 official submittal date shall be measured from the 30th day following the day the application has been filed.
A. 
Discussion of requirements. Before preparing the sketch plan for a subdivision or land development, the applicant should discuss with the Administrator to the Planning Commission, or with the Planning Commission itself, the procedure for adoption of a subdivision or land development plan and the requirements as to the general layout of streets and for the reservation of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services. The Administrator shall also advise the applicant, where appropriate, to discuss the proposed subdivision or land development with those officials (such as the Soil Conservationist, Borough Engineer, and Sewage Enforcement Officer) who must eventually approve these aspects of the subdivision or land development plan coming within their jurisdiction.
B. 
Application procedure and requirements. Prior to subdividing or developing land, a landowner, or his representative, is advised, but not required, to file an application for approval of a sketch plan. The submission of a sketch plan application shall not constitute the filing of an application for preliminary or final plan review and approval. The sketch plan application should:
(1) 
Be made on forms available at the office of the Administrator to the Planning Commission.
(2) 
Include land which the applicant proposes to subdivide and all land immediately adjacent extending 100 feet therefrom, or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, with the names of the owners as shown in the County Assessor's files. This information may be shown on a separate current Assessment Map reproduction from the Assessor's Office showing the subdivision superimposed thereon.
(3) 
Be accompanied by a minimum of five copies of the sketch plan as described in Article V of these regulations and complying in all respects with these regulations.
(4) 
Be presented, along with the application form in duplicate, to the Administrator to the Planning Commission for the Commission's next regularly scheduled meeting, at which time the application is accepted.
C. 
Report of Administrator. The Administrator shall process the sketch plan and make a determination as to whether it is complete according to the requirements of Article IV. The Administrator shall prepare a report to this effect.
D. 
Planning Commission review of sketch plan and report. The Planning Commission shall review the sketch plan and report of the Administrator, taking into consideration the requirements of this chapter and all other applicable ordinances, as well as the Comprehensive Plan, and the best use of the land being subdivided or developed. Particular attention should be given to the arrangement, location, and width of streets, their relation to the topography, sewage disposal, drainage, water supply, lot sizes and arrangement, and further development of the total tract of which only a portion is being proposed for subdivision and development.
E. 
Field trip. After the regular Planning Commission meeting at which the subdivision or land development is first discussed, the Planning Commission may schedule a field trip to the site of the proposed subdivision or development, accompanied by the applicant or his representative.
F. 
Approval of the sketch plan.
(1) 
After reviewing and discussing the sketch plan and report from the Administrator, the Planning Commission will advise the applicant of the specific changes or additions, if any, it will require in the layout and the character and extent of required improvements and reservations which it will request as a prerequisite to the approval of the subdivision or land development plan. The Planning Commission may require additional changes as a result of further study of the plan in final form.
(2) 
Approval on the sketch plan, although not required for further plan processing, shall constitute authorization to prepare and submit a preliminary plan. Such approval by the Planning Commission shall be made at a public meeting.
(3) 
Within 15 days after the meeting at which the sketch plan was reviewed by the Planning Commission, the Administrator shall send written notice of the Commission's recommendations, including changes and modifications requested by the Commission, to the subdivider or developer.
A. 
Application procedure and requirements. The applicant for a subdivision or land development shall file a complete application for approval of a preliminary plan. The application shall:
(1) 
Include completed application forms in duplicate, which forms are available at the office of the Administrator to the Planning Commission.
(2) 
Include all contiguous holdings of the owner, including land in the same ownership, as defined herein, with an indication of the portion which is proposed to be subdivided or developed, accompanied by an affidavit of ownership, which shall include the dates the respective holdings were acquired, together with the book and page of each conveyance to the present owner as recorded in the County Recorder of Deeds Office. The affidavit shall advise as to the legal owner of the property, the date the contract of sale was executed, and, if any corporations are involved, a complete list of all directors, officers, and stockholders of each corporation owning more than 5% of any class of stock.
(3) 
Be accompanied by a minimum of 12 copies of the preliminary plan as described in Article V of these regulations and complying in all respects with these regulations.
(4) 
Be accompanied by a minimum of three copies of construction plans as described in these regulations.
(5) 
Be accompanied by a plan showing the sections or phases for which final plans will be submitted if phasing is to be pursued.
(6) 
Be mailed or delivered to the Administrator to the Planning Commission.
(7) 
Be accompanied by fees as set forth in Article IX.
(8) 
Be accompanied by the fee required for plan review by the County Planning Commission and any other review fees required by this chapter.
(9) 
Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these regulations and by written assurance from the public utility companies that necessary utilities will be installed and proof that the applicant has submitted petitions, in writing, for the provision or extension of utilities as required by the Planning Commission. These fees and assurances are required with the preliminary plan application only if the developer intends to install improvements after preliminary plan approval but before final plan approval.
(10) 
Any add-on parcel which contains no land development may begin the subdivision process as a final subdivision application. All submitted plans and maps for an add-on parcel must have a notation that the parcel is not for development.
[Added 8-2-2004 by Ord. No. 8-04]
B. 
Referrals and report.
(1) 
The Administrator shall process the preliminary plan and make a determination as to whether it is complete according to the requirements of Article V. If the preliminary plan is complete, the Administrator shall refer copies of it to other officials and agencies for their review and comments. Such officials and agencies shall include, but need not be limited to:
(a) 
The Borough Engineer.
(b) 
The Sewage Enforcement Officer, if applicable.
(c) 
The Borough Council.
(d) 
The Northumberland County Planning Commission.
(e) 
The Danville Area School District.
(f) 
The United States Post Office.
(g) 
The Northumberland County Soil Conservation District.
(h) 
Adjacent municipalities.
(i) 
The Pennsylvania Department of Transportation. (This referral is necessary for a highway occupancy permit only if the development is to front on an existing or proposed state highway or is to have a street entering such highway.)
(j) 
The Pennsylvania Department of Environmental Protection.
(2) 
The Administrator shall request that all officials and agencies to whom the request for review has been made submit their reports to the Administrator within 30 days from the date any request was forwarded to them.
(3) 
In any event, the Borough Planning Commission may make a recommendation on the preliminary plan before requested reports from the above officials and agencies are received, but the Borough Council shall not approve such plan until the county report is received or until the expiration of at least 30 days from the date the plan was forwarded to the county.
(4) 
The Administrator shall consider all reports submitted by the officials and agencies concerning the preliminary plan and shall prepare and submit a report thereon to the Planning Commission. The Administrator shall then place the preliminary plan and reports on the agenda of the Planning Commission for its next regularly scheduled meeting or for a specially scheduled public meeting or public hearing for review and action.
C. 
Planning Commission review and action. The Planning Commission shall review the preliminary plan and official comments and reports received thereon and shall prepare its recommendation to the Borough Council in writing. The following shall constitute the types of action the Planning Commission may take:
(1) 
The Planning Commission may recommend disapproval of the preliminary plan, in which case it shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.
(2) 
The Planning Commission may recommend conditional approval of the preliminary plan, in which case it shall specify all additional information or changes needed, describing the requirements that have not been met, citing, in each case, the provisions of this chapter which were relied upon. This additional information shall be required prior to further preliminary plan consideration or the submission of the final plan. Conditional approval may only be granted where the conditions are acceptable to the applicant and the applicant has stated his acceptance of the conditions in writing, signed by the applicant.
(3) 
The Planning Commission may recommend approval of the preliminary plan. Such recommendation of approval shall constitute recommended approval of the subdivision or land development as to the character and intensity of development and the arrangement and dimensions of streets, lots, and other planned features. Later approval by the Borough Council binds the subdivider to the scheme of the subdivision or land development shown and permits the subdivider to proceed with construction of improvements before final plan submission and approval, to arrange for a financial guarantee to cover installation of improvements, and to prepare the final plan. The Borough Council's approval of the preliminary plan does not authorize the sale of lots or lease of space or the recording of the preliminary plan.
D. 
Signing of plan by the Planning Commission. In recommending plan approval, the Chairman and Secretary of the Planning Commission shall sign and date the Mylar original and three copies of the plan and forward the original and all copies to the Borough Council for its action.
E. 
Borough Council's review and action.
(1) 
Following receipt of written recommendations from the Planning Commission, the Borough Council shall consider the preliminary plan at its next regularly schedule meeting or a specially scheduled public meeting. If the plan is to be considered at a special meeting, the subdivider or developer shall be so notified. The Borough Council may also schedule a public hearing before taking any action on the plan.
(2) 
The Council shall review the preliminary plan, recommendation of the Borough Planning Commission, and official comments and reports received thereon, including the county report (unless 30 days from the date the plan was forwarded to the county have expired), and shall render its decision in writing and shall communicate it to the applicant personally or mail it to him at his last known address not later than 15 days following the decision.
(3) 
This review and decision process shall take place not later than 90 days following the date the complete application is filed with the Planning Commission, provided that, should the 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.
(4) 
The following shall constitute the types of action the Borough Council may take:
(a) 
The Borough Council may disapprove the preliminary plan, in which case it shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.
(b) 
The Borough Council may conditionally approve the preliminary plan, in which case it shall specify all additional information or changes needed, describing the requirements that have not been met, citing, in each case, the provisions of this chapter which were relied upon. This additional information shall be required prior to further preliminary plan consideration or the submission of the final plan. Conditional approval may only be granted where the conditions are acceptable to the applicant and the applicant has stated his acceptance of the conditions in writing, signed by the applicant.
(c) 
The Borough Council may approve the preliminary plan. Such approval binds the subdivider to the subdivision or land development shown and permits the subdivider to proceed with the final plan, to construct proposed improvements or to arrange for a financial guarantee if proposed improvements are to be constructed after final plan approval. Approval of the preliminary plan does not authorize the sale of the lots or lease of space or the recording of the preliminary plan.
(5) 
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 an approval of the preliminary plan application in terms as presented unless the applicant has agreed, in writing, to an extension of the time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have like effect.
F. 
Signing of plan by Borough Council.
(1) 
In approving the preliminary plan, the President and Secretary of the Borough Council shall sign and date the Mylar original and three copies of the plan and shall include a notation as to any modifications required for final plan consideration.
(2) 
The Borough Council shall return the Mylar original and one signed copy to the applicant for compliance with submission of the final plan. A copy of the signed preliminary plan shall be forwarded to the Borough Planning Commission, and one copy shall be retained for the Council's files.
G. 
Installation of improvements. Following approval of a preliminary plan, the developer may install all required improvements in a subdivision or development or phase thereof before submitting the final plan. All requirements for inspection of improvements pursuant to the provisions of Article IV shall be met before final plan approval. In lieu of installation of improvements prior to final plan approval, the developer may post a financial security for the installation at a later date of such improvements. The provision of a financial security for deposit with the Borough shall be acceptable to the Borough Council pursuant to the provisions of Article IV.
A. 
Application procedure and requirements. Following the review and approval of the preliminary plan, the applicant, if he wishes to proceed with the subdivision or development, shall file with the Planning Commission an application for approval of a final plan. The application shall:
(1) 
Include completed application forms in duplicate, which forms are available at the office of the Administrator to the Planning Commission.
(2) 
Include the entire subdivision or development, or phase thereof, which derives access from an existing state, county, or local public road.
(3) 
Be accompanied by a minimum of 12 copies of the final plan as described in Article V of these regulations and complying in all respects with these regulations.
(4) 
Be accompanied by a minimum of three copies of construction plans for all public improvements as described in these regulations.
(5) 
Comply in all respects with the preliminary plan, as approved.
(6) 
Be mailed or delivered to the Administrator to the Planning Commission.
(7) 
Be accompanied by fees as set forth in Article IX.
(8) 
Be accompanied by the fee required for plan review by the County Planning Commission and any other review fees required by this chapter.
(9) 
Be accompanied by the performance bond or other financial security, if required, in a form satisfactory to the Borough Solicitor and in an amount established by the Planning Commission, upon recommendation of the Borough Engineer and with the approval of the Borough Council. Such bond shall include a provision that the principal of the bond shall comply with all the terms of the resolution of final plan approval as determined by the Borough Council and shall include, but not be limited to, the performance of all required subdivision or land development and off-site improvements, and that all improvements and land included in any irrevocable offer of dedication shall be dedicated to the Borough government free and clear of all liens and encumbrances on the premises.
(10) 
Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these regulations and by written assurance from the public utility companies that necessary utilities will be installed and proof that the applicant has submitted petitions in writing for the provision or extension of utilities as required by the Council upon preliminary plan approval.
B. 
Phasing major subdivision plans. Prior to granting final approval of a subdivision or land development plan, the Council may permit the plan to be divided into two or more sections or phases and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plan in compliance with the requirements of § 250-22H.
C. 
Installation of improvements or financial security in lieu thereof. Before any final plan is approved, the developer either shall have installed all required improvements or shall provide for deposit with the Borough a financial security acceptable to the Borough Council pursuant to the provisions of Article IV.
D. 
Referrals and report.
(1) 
The Administrator shall process the final plan and make a determination as to whether it is complete according to the requirements of Article V. If the final plan is incomplete, it shall be rejected. If the final plan is complete, the Administrator shall refer copies of it to other officials and agencies for their review and comments if this has not been done previously. Such officials and agencies shall include, but need not be limited to:
(a) 
The Borough Engineer.
(b) 
The Sewage Enforcement Officer, if applicable.
(c) 
The Borough Council.
(d) 
The Northumberland County Planning Commission.
(e) 
The Danville Area School District.
(f) 
The United States Post Office.
(g) 
The Northumberland County Soil Conservation District.
(h) 
Adjacent municipalities.
(i) 
The Pennsylvania Department of Transportation. (This referral is necessary for a highway occupancy permit only if the development is to front on an existing or proposed state highway or is to have a street entering such highway.)
(j) 
The Pennsylvania Department of Environmental Protection.
(2) 
The Administrator shall request that all officials and agencies to whom the request for review has been made submit their reports to the Administrator within 30 days from the date any request was forwarded to them.
(3) 
In any event, the Borough Planning Commission may make a recommendation on the final plan before requested reports from the above officials and agencies are received, but the Borough Council shall not approve such plan until the county report is received or until the expiration of at least 30 days from the date any request was forwarded to the county.
(4) 
The Administrator shall consider all reports submitted by the officials and agencies concerning the final plan and shall prepare and submit a report thereon to the Planning Commission. The Administrator shall then place the final plan and reports on the agenda of the Planning Commission for its next regularly scheduled meeting or for a specially scheduled public meeting or public hearing for review and action.
E. 
Planning Commission review and action.
(1) 
The Planning Commission shall review the final plan and official comments and reports received thereon and shall render its recommendation to Council in writing.
(2) 
The following shall constitute the types of action the Planning Commission may take:
(a) 
The Planning Commission may recommend disapproval of the final plan, in which case it shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.
(b) 
The Planning Commission may recommend approval of the final plan.
F. 
Signing of plan by Planning Commission. In recommending plan approval, the Chairman and Secretary of the Planning Commission shall sign and date the Mylar original, which shall be clearly marked "final plan," and three copies of the plan and forward the original and all copies to the Borough Council for its action.
G. 
Borough Council's review and action.
(1) 
Following receipt of the written recommendations from the Planning Commission, the Borough Council shall consider the final plan at its next regularly scheduled meeting or a specially scheduled public meeting. If the plan is to be considered at a special meeting, the subdivider or developer shall be so notified. The Borough Council may also schedule a public hearing before taking any action on the plan.
(2) 
The Council shall review the final plan, recommendation of the Borough Planning Commission, and official comments and reports received thereon, including the county report (unless 30 days from the date the plan was forwarded to the county have expired), and shall render its decision, in writing, and shall communicate it to the applicant personally or mail it to him at his last known address not later than 15 days following the decision.
(3) 
This review and decision process shall take place not later than 90 days following the date the complete application is filed with the Planning Commission, provided that, should the 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.
(4) 
The following shall constitute the types of action the Borough Council may take:
(a) 
The Borough Council may disapprove the final plan, in which case it shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.
(b) 
The Borough Council may approve the final plan.
(5) 
Failure of Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein 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 presentation of communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have like effect.
H. 
Installation of improvements or financial security in lieu thereof. Before any final plan is approved, the subdivider or developer either shall install all required improvements or shall provide for deposit with the Borough a financial security acceptable to the Council pursuant to the provisions of Article IV.
I. 
Signing of plan.
(1) 
When installation of improvements is required, the President and Secretary of the Borough Council shall sign and stamp the Mylar original and four copies of the final plan and attach thereto a notation that it has received approval and the date of such approval after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the Borough, as shown by a certificate signed by the Borough Engineer and Borough Solicitor, that the necessary dedication of public lands and improvements has been made and accepted.
(2) 
When a financial security is required, the President and Secretary of the Borough Council shall sign and stamp the Mylar original and four copies of the final plan and attach thereto a notation that it has received approval and the date of such approval after the bond or other financial security has been approved by the Borough Council and all the conditions of the resolution pertaining to the plan have been satisfied.
(3) 
The Borough Council shall return the Mylar original to the applicant for compliance with the recording requirements. Copies of the final plan as endorsed shall be distributed to the Northumberland County Planning Commission and to the Borough Planning Commission. One copy shall be retained for the files of Borough Council and one returned to the applicant. All other officials and agencies which previously received copies of the final plan shall be notified, in writing, of the Council's decision.
J. 
Recording of approved plan.
(1) 
Upon approval of the final plan, the developer or subdivider shall, within 90 days of such final approval, record such plan in the office of the Recorder of Deeds of Northumberland County and submit a copy of the certificate of recording to the Council. Whenever such plan approval is required by the Borough, the Recorder of Deeds of Northumberland County shall not accept any plan for recording unless such plan officially notes the approval of the Borough Council and review by the County Planning Commission.
(2) 
The recording of the plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.
After a plan has been approved and recorded as provided in this chapter, all streets and public grounds on such plan shall be and become a part of the Official Map of the Borough, should the Borough have adopted such a map, without public hearing.
A. 
Effect on application duly filed. From the time an application for approval of a plan, 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 of Chapter 285, Zoning, of the Code of the Borough of Riverside, this chapter or other governing ordinance or plan shall affect the decision on such application adversely to the applicant. The applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed.
B. 
Effect upon approved preliminary plan. In addition, when a preliminary plan application has been duly approved, the applicant shall be entitled to final plan approval in accordance with the terms of the approved preliminary plan application as hereinafter provided.
C. 
Effect upon disapproved plan. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
D. 
Time period for completion of approved plan.
(1) 
When an application for approval of a plan, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in Chapter 285, Zoning, of the Code of the Borough of Riverside, this chapter 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. The five-year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement or completion of the development, and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat. In the event of an appeal filed by any party from the approval or disapproval of a plat, the five-year period shall be extended by the total time from the date the appeal was filed until a final order in such matter has been entered and all appeals have been concluded and any period for filing appeals or requests for reconsideration have expired; provided, however, that no extension shall be based upon any water or sewer moratorium which was in effect as of the date of the filing of a preliminary application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Where final plan approval is preceded by preliminary plan approval, the aforesaid five-year period shall be counted from the date of the preliminary plan approval.
(3) 
In the case of any doubt as to the terms of a preliminary plan 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.
A. 
Effect on substantially completed required improvements. Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five-year limit, or any extension thereof as may be granted by the Borough Council, no change of Borough ordinance or plan enacted subsequent to the date of filing of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification or density, lot, building, street or utility location.
B. 
Effect on installation of required improvements beyond the five-year period. Where the installation of required improvements is called for beyond the five-year period in a preliminary plan filed prior to the change of ordinance or plan:
(1) 
A plan showing all proposed phases or sections of the development shall be submitted with the preliminary plan application. 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 shown on the preliminary plan, unless a lesser percentage is approved by the Borough Council in its discretion.
(2) 
A time schedule for the filing of final plan applications for each phase or section shall be submitted with the preliminary plan application. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to approval of the Borough Council in its discretion.
C. 
Applicability of protections from ordinance changes.
(1) 
Provided the landowner has not defaulted with regard to, or violated any of the conditions of, the approved preliminary plan, including compliance with the landowner's aforesaid schedule of submission of final plans for the various sections, then:
(a) 
The aforesaid protections afforded by substantially completing the improvements shown on the final plan within five years shall apply; and
(b) 
For any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within such five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of the approved final plan for each section.
(2) 
Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such section to any and all changes in Chapter 285, Zoning, of the Code of the Borough of Riverside, this chapter or other governing ordinance enacted by the Borough subsequent to the date of the initial preliminary plan application.