A. 
Developers are urged to discuss possible development sites with the Millersville Borough Planning Commission prior to submission of the preliminary plans.
B. 
If desired, a sketch plan may be prepared and presented for review and discussion at that time.
C. 
Such discussions and/or sketch plan review will be considered as confidential between the developer and Planning Commission. Submission of a sketch plan shall not constitute formal filing of a plan with the Commission.
[Amended 2-13-1978 by Ord. No. 1978-3; 5-10-1990 by Ord. No. 1990-4]
A. 
The preliminary plan and all information and procedures relating thereto shall, in all respects, be in compliance with the applicable provisions of this chapter. It is the responsibility of the developer to coordinate his plans pursuant to the provisions of this chapter with the respective private and public service agencies.
B. 
In the case of a subdivision plan of no more than 10 lots fronting on an existing street where proposed streets are not involved, the Borough Council may waive the requirement that a preliminary plan be submitted and approved prior to consideration of a final plan.
C. 
Fifteen copies of the preliminary plan and all other items listed under plan requirements shall be submitted to the Borough Manager, who shall forward copies to the Borough Planning Commission for review prior to review and approval by the Borough Council. If plans and necessary supporting data are filed less than 10 calendar days in advance of a regular scheduled meeting, plans will not be reviewed by the Commission until its next regular meeting. The ninety-day time period for Borough review and decision as specified in Section 508 of the Municipalities Planning Code, 53 P.S. § 10508, is hereby defined as beginning 10 calendar days in advance of the regularly scheduled meeting of the Borough Planning Commission when the application is to be initially reviewed.
D. 
Upon filing with the Borough, such plan shall be submitted by the Borough to the Lancaster County Planning Commission for review and report. The Borough Council will not approve the preliminary plan until the county report is received or until the expiration of 45 days from the date said preliminary plan was submitted to the county. The applicant shall also pay the appropriate filing fee, as designated by the Borough Council by resolution.[1] The Borough will also charge the applicant as a plan review fee an amount equal to the engineering or consultation costs incurred by the Borough in reviewing the plan.
[1]
Editor's Note: See Ch. A395, Fees.
E. 
The Borough Planning Commission, at its regular meeting, will discuss the preliminary plan with the developer or his agent and review the plan to determine if it meets the standards set forth in this chapter. The preliminary plan shall immediately be submitted by the Commission, together with its analysis and recommendations, to the Borough Council for consideration at the next regularly scheduled meeting of the Borough Council. Any act or recommendation of the Borough Planning Commission which involves engineering consideration shall be subject to review and comments of the Engineer, which shall be incorporated and separately set forth with the analysis and recommendations of the Borough Planning Commission to the Borough Council.
F. 
At a regularly scheduled meeting, the Borough Council shall review the preliminary plan to determine its conformity to the design standards and requirements contained in this chapter. The Borough Council shall render its decision not later than seven days after such application is reviewed by the Council.
(1) 
The decision shall be in writing and communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
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 provisions of the ordinance 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 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.
(4) 
From the time an application 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 of 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 a 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. When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, 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 complete any aspect of the approved development in accordance with the terms of such approval within three years from such approval. Where final approval is preceded by preliminary approval, the three-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 the application for such approval was duly filed.
G. 
Any modification of the preliminary plan required by the Borough Council as prerequisite to approval shall be noted on all copies of the preliminary plan. One copy will be returned to the developer, one copy will be retained by the Borough Council, and one copy will be filed with the Borough Planning Commission.
H. 
Approval of the preliminary plan shall constitute approval of the development as to the kind of use and intensity and the arrangement and approximate dimensions of streets, lots and other planned features but shall not authorize the sale of lots, the lease of land, buildings or portions of buildings, or the development of land.
[Amended 5-10-1990 by Ord. No. 1990-4]
A. 
Within one year after the Borough Council has acted on the preliminary plan, the developer shall submit a final plan for consideration by the Borough. Unless an extension of time has been granted by the Borough Council upon written request, a plan submitted after the one-year period shall be considered a new preliminary plan and shall be required to comply with § 325-14 of this chapter.
B. 
The final plan shall conform in all important respects with the preliminary plan previously reviewed by the Borough Council and shall incorporate modifications and revisions specified by the Borough Council in its conditional approval of the preliminary plan. Otherwise, the plan shall be considered as a revised preliminary plan and shall be required to comply with § 325-14 of this chapter.
C. 
The final plan may be submitted in sections, each covering a portion of the entire subdivision or land development shown on the preliminary plan, if the relationship of the part to the whole is clearly shown.
D. 
No plan shall be considered by the Planning Commission unless it complies with the provisions of Article IV of this chapter and until all procedures outlined in § 325-8F(1) through (4) of this article have been followed.
E. 
After the final plan has been reviewed and commented upon by both the Borough Planning Commission and the Borough Engineer, these recommendations, along with the final plan, shall be submitted by the Borough Planning Commission to the Borough Council for consideration at the next regularly scheduled meeting of the Borough Council.
F. 
At the regularly scheduled meeting, the Borough Council shall review the final plan to determine its conformity to this chapter. The Council shall render its decision not later than seven days after said review of the final plan. The decision shall be communicated to the applicant in the manner expressed in § 325-8F(1) through (4).
G. 
Guaranty of improvements.
(1) 
The developer shall agree to complete such improvements listed in Article VI of this chapter as the Borough Council may require in the public interest as a prerequisite for approval of the final plan. In effect, no final plan will receive approval by the Borough Council unless the developer has completed all required improvements at the standards specified in this chapter or has given other assurance acceptable to the Council that the improvements will be completed. This assurance shall be in an acceptable form of financial guaranty equal to 110% of the cost of completing the improvements as of 90 days after the projected date of completion, which the developer/applicant shall designate. Furthermore, the date of completion shall be specified in the improvement agreement. Annually, the Borough may adjust the amount of financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Borough may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.
(2) 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.
H. 
If the Borough Council or the Borough Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to its performance guaranty bond or other security agreement.
I. 
If any portion of said improvements is not approved or is rejected by the Borough Council, the developer shall proceed to complete or correct the same; and upon completion, the same procedure of notification outlined herein shall be followed.
J. 
Nothing herein, however, shall be construed in limitation of the developer's right to contest or question, by legal proceedings or otherwise, any determination of the Borough Council.
K. 
In the event that any improvements which may be required have not been installed as provided in this chapter or in accordance with the approved final plan, the Borough Council has the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough Council may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other purposes.
L. 
Where land is being conveyed solely for the purpose of increasing the size of an existing lot, the following note shall be placed on the plan: "The lot is to be used for additional yard area only and will not be used for building purposes except extensions of existing building(s) or additional drainage requirements."
A. 
Within 90 days after approval of a final plan by the Borough Council, the plan shall be filed for recording by the developer with the Lancaster County Recorder of Deeds. Should the plan not be recorded within such period, the action of the Borough Council shall become null and void. The final plan to be recorded shall be an exact copy of the approved final plan prepared in accordance with the provisions of Article IV of this chapter. The final plan shall be filed with the County Recorder of Deeds before proceeding with the sale of lots or construction of buildings.
B. 
Recording of the final plan after approval of the Borough Council shall have the effect of an irrevocable offer to dedicate to the public use all streets and other public ways shown thereon, unless reserved by the developer as hereinafter provided. The approval of the Borough Council shall not impose any duty upon the Borough concerning maintenance or improvement of any such dedicated streets or public uses until the Borough Council shall have accepted the same by ordinance or resolution.
C. 
The developer shall place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated public uses, streets or alleys, in which event the title to such areas shall remain with the owner, and the Borough Council shall assume no responsibility for improvement or maintenance thereof, which fact shall also be noted on the final plan.
A. 
All streets, parks or other improvements shown on the subdivision or land development plan, recorded or otherwise, shall be deemed to be private until such time as the same have been offered for dedication to the Borough and accepted by resolution by the Borough Council.
B. 
Before acceptance of any street, park or other improvement, the Borough Council shall require the developer to file a maintenance guaranty in an amount of not less than 5% of the Borough Engineer's estimate of the cost of all improvements required by this chapter. Such maintenance guaranty shall be in a form and with a surety approved by the Borough Solicitor, guaranteeing that the developer shall maintain all improvements in good condition for one year after dedication.
For any replatting or resubdivision of land, the same procedure, rules and regulations shall apply as prescribed herein for an original subdivision, except that lot sizes may be varied on an approved plan after recording, provided that:
A. 
No lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan.
B. 
Drainage easements or rights-of-way shall not be changed.
C. 
Street alignment and block sizes shall not be changed.
D. 
The property lines between the backs of the lots shall not be changed.
E. 
The rear portion of the lots shall not be subdivided from the front part.
F. 
The character of the area shall be maintained.