Article 3
Procedures
§13-301 Intent.
The procedures established in this Article are intended to define the steps by which a developer shall design, make an application, record plats and construct improvements, and by which the Borough may review, make recommendations, approve plans and otherwise administer these regulations and this Chapter.
(Ord. 2008-2, 6/9/2008, §301)
§13-302 Pre-application Review (Sketch Plan).
1. The Borough shall make available to developers copies of this Chapter, the Zoning Ordinance [Chapter 14], the Comprehensive Plan and other adopted plans, street maps, and other information, which may affect the development of the property under consideration. Applications for approval of a subdivision or land development shall be in accord with these regulations, other codes, and plans as adopted and information furnished.
2. Applicants are urged to discuss possible development sites and plan with the staff of the Borough prior to submission of any plan. Prior to the formal submission of a subdivision or land development plan for review and approval, the subdivider is urged to submit a sketch plan to the Planning and Zoning Commission for advice on the requirements necessary to achieve conformity to the standards of these regulations as well as to alert the subdivider as early as possible to factors which must be considered in the design of a subdivision, such as pertinent elements of any Borough land use, thoroughfare or other community plans. Review of a sketch plan is an informal, advisory process to guide the subdivider in eventual preparation of a formal preliminary or final plan.
3. Any advice or assistance shall be given solely at the discretion of the Planning and Zoning Commission or Borough Council. Submission of a sketch plan is optional and will not constitute formal filing of a plan with the Borough.
A. Pre-application Plans and Data Procedure. Prior to the preparation and filing of the preliminary plan for subdivision or land development, the applicant may submit to the Borough the following plans and data, which shall be forwarded to the Planning and Zoning Commission for consideration. The plans shall include those elements that should be considered in the design of the subdivision or land development. These shall include any features of the Borough’s future land use plan, thoroughfares plan, community facilities plan, or of any plans of the Borough including, but not limited to, proposed streets, recreation areas, drainage reservation, future schools sites, and public areas. A specific site analysis shall be provided which highlights man-made and natural features. The analysis should include information pertaining to soil types and stability, wetlands, scenic vistas, watercourses, drainage patterns, slope, and transportation patterns and systems including deficiencies of existing roadways, public utilities, recreational facilities, and any other features of the site and nearby areas that may be interlaced or impacted by the proposed development and land use.
B. Submission of Pre-application (Sketch) Plans. Prospective applicants submitting a pre-application plan for review by the Planning and Zoning Commission shall include those items listed in §13-401 of this Chapter. Plans shall be considered for informal review and discussion and shall not constitute formal filing of the plan with the Borough. Plans shall be submitted 10 calendar days prior to the regularly scheduled monthly meeting of the Planning and Zoning Commission in order to be placed on the agenda for said meeting. All plan submittals shall be accompanied by a completed Appendix 13-9.
(Ord. 2008-2, 6/9/2008, §302)
§13-303 Formal Application.
All applications for approval of a subdivision plan, land development plan, or improvement construction plan shall be made by the developer filing an application form, to be supplied by the Borough, together with the appropriate plans, studies, reports, supporting data, and required filing fee, with the Borough.
(Ord. 2008-2, 6/9/2008, §303)
§13-304 Acceptance for Filing.
1. Initial Application. The Borough shall have 14 calendar days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all information required by this Chapter. No application shall be considered complete if the required filing fee is not paid. If defective, the application may be returned to the applicant with a statement of rejection, within the 14 calendar day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of any requirement of this Chapter.
2. Amendments or Corrections to an Application. The Borough shall have 14 calendar days from the date of submission to examine amended or corrected applications filed to determine whether such amended or corrected application results in a substantial amendment to the plan or in the filing of a plan so changed as to be considered a new plan. If the Borough determines that the amended or corrected application constitutes a substantial amendment, it shall so inform the applicant and shall inform the applicant that the Borough shall consider the 90-day review procedure to have been restarted as of the date of the filing of the substantial amendment. If the Borough determines that the amended or corrected application constitutes a new plan it shall so inform the applicant and shall inform the applicant that a new application and new fees are required.
(Ord. 2008-2, 6/9/2008, §304)
§13-305 Preliminary Plan Application.
1. Preliminary Plan Application. With the exceptions noted in §13-307 of this Chapter, a preliminary plan is required for all land development plans and all subdivisions.
A. Preliminary plans may be filed with the Borough on any Borough business day; however, the Planning and Zoning Commission may review a plan at a particular meeting only if the plan was filed at least 15 calendar days prior to that meeting in order to be placed on the agenda for said meeting.
B. In addition to submitting the required material in accordance with subsection .2, the applicant shall file with the Borough the required number of copies of plans, supporting information and all filing fees as required by the Borough.
2. Application Requirements. All preliminary plan applications shall include the following:
A. At the discretion of the Borough Planning and Zoning Commission, up to nine copies of the preliminary plan. The applicant shall consult with the Borough Planning and Zoning Commission to determine the number of copies required to be submitted. All plans shall be either black on white, blue on white, or color on white paper prints. Copies shall be distributed as follows:
(1) One copy to the Borough Office.
(2) One copy to the Borough Engineer.
(3) Five copies to the Borough Planning and Zoning Commission.
(4) One or two to the Lebanon County Planning Department.
B. Four copies of all notifications and certifications which are not provided on the preliminary plan. Copies shall be distributed as follows:
(1) One copy to the Borough Office.
(2) One copy to the Borough Engineer.
(3) One copy to the Borough Planning and Zoning Commission.
(4) One copy to the Lebanon County Planning Department.
C. Four copies of the application form (see Appendix 13-10). Copies shall be distributed as follows:
(1) One copy to the Borough Office.
(2) One copy to the Borough Engineer.
(3) One copy to the Borough Planning and Zoning Commission.
(4) One copy to the Lebanon County Planning Department.
D. Two copies of a completed fee schedule and the appropriate filing fee and deposit account.
E. Four copies of all reports required by §13-402.E(3). Copies shall be distributed as follows:
(1) One copy to the Borough Office.
(2) One copy to the Borough Engineer.
(3) One copy to the Borough Planning and Zoning Commission.
(4) One copy to the Lebanon County Planning Department.
3. Planning Commission Review Process.
A. At the first meeting of the Planning and Zoning Commission no action will be taken for most applications. The plan will be considered as a briefing item for general comments and introduction by the Borough staff. The Planning and Zoning Commission may elect to take action on any subdivision or land development if deemed to be in order and all review comments from the Borough staff, Borough Engineer and County Planning Department are available.
B. The Planning and Zoning Commission may discuss the preliminary plan application with the developer or his agent at the next regular meeting and will review the application to determine if it meets the standards set forth in this Chapter. The preliminary plan shall then be submitted by the Planning and Zoning Commission together with its analysis and recommendations, including those of the Borough staff and Engineer to the Borough Council.
4. Review by the Borough Staff.
A. The Borough Zoning Officer and any Borough personnel as directed by the Borough Council shall review the application documents to determine if they are in compliance with this Chapter, the Zoning Ordinance [Chapter 14], the Comprehensive Plan, and the Borough planning objectives and accepted planning standards. These personnel shall provide comments and recommendations, including written findings when directed by the Borough Council.
B. The Borough Engineer shall review the application documents to determine compliance with this Chapter and any other applicable Borough ordinances, Borough standards and good engineering practices. He shall prepare a written report of his findings and recommendations.
5. Borough Council Review Process.
A. After receipt of the Borough Planning and Zoning Commission’s recommendations, Borough Council shall:
(1) Evaluate the applicant’s submission, presentation and report to the Borough Planning and Zoning Commission and review comments of the Borough Engineer.
(2) Determine whether the Plan meets the objectives and requirements of this Chapter and other ordinances of the Borough.
(3) Either approve, conditionally approve, or disapprove the plan.
B. Borough Council shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of Borough Council or the Planning Commission (whichever first reviews the application) next following the date the application was filed or after a final order of court remanding an application, provided that should the said next regular meeting occur more than 30 days following the filing of the application or the final order of the court, the said 90-day period shall be measured from the thirtieth day following the day the application was filed.
C. The Borough Council shall not approve any plan until the County Planning Department report is received or until the expiration of 30 days from the date the application was forwarded to the County.
6. Notification of Borough Council Action. The decision of the Borough Council shall be in writing and shall be communicated to the applicant in the manner and within the time period required by the MPC.
A. 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 this Chapter relied upon.
B. Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein, unless a greater period of time has been authorized by the Municipalities Planning Code, 53 P.S. §10101 et seq., 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 or 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.
7. Compliance with the Borough Council Action.
A. If the Borough Council conditions its preliminary plan approval upon receipt of additional information, changes and/or notifications, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the Borough for approval. Such data shall be submitted to the Borough Council within 90 days of their conditional approval, unless the Borough Council grants a waiver by extending the effective time period.
B. The Borough Council’s approval of the plan shall be rescinded automatically should the developer fail to accept or reject the conditions as permitted by the MPC.
8. Borough Council Approval and Certification.
A. The Borough Council will acknowledge the satisfactory compliance with all conditions, if any, of the preliminary plan approval at a regularly scheduled public meeting. Additionally, at the option of the applicant, after receipt of preliminary plan approval and compliance with all conditions of approval, a preliminary plan may be presented to the Borough for acknowledgment through a formal statement on the plan (see Appendix 13-5).
B. Approval of a preliminary application shall constitute approval of the proposed subdivision and/or land development as to the character and intensity of development and the design of streets, lots, structures, and other planned facilities, but shall not constitute final plan approval. The preliminary plan may not be recorded in the office of the Recorder of Deeds.
C. After preliminary plan approval, the applicant may proceed with site work and the installation of required improvements or common amenities. However, no other development activities are permitted prior to the approval of a final plan in accordance with the provisions of §§13-306 or 13-307 and of Article 6.
9. Submission of Final Plan after Preliminary Approval.
A. Except as provided for in §13-310 of this Chapter, preliminary plan approval shall expire within 5 years after being granted, unless, due to extenuating circumstances, an extension is requested by the developer, recommended by the Planning Commission and approved by Borough Council. Requests for extensions must be submitted to the Borough Secretary 30 days prior to any prevailing expiration date. Extensions may be granted for no more than one 1-year period.
B. Failure to submit a final plan within 5 years of the preliminary approval of the plan, or approved time extensions thereof, shall automatically rescind the preliminary approval and any subsequent plan submission shall be treated as a new preliminary plan subject to all ordinances existing at the time of the submission.
(Ord. 2008-2, 6/9/2008, §305)
§13-306 Final Plan Application.
1. Final Plan Applications.
A. Final plans may be filed with the Borough on any business day; however, the Planning and Zoning Commission will review a plan at a particular meeting only if the plan was filed at least 15 calendar days prior to that meeting in order to be placed on the agenda for said meeting.
B. In addition to submitting the required material in accordance with subsection .2 of this Section, the applicant shall file with the Borough the required number of copies of plans, supporting information and all filing fees required by the Borough plus documentation that plans have been properly filed with the County Planning Department.
C. The final plan may be submitted in sections, each section covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan; provided that each Section, except for the last Section, shall contain a minimum of 25 percent of the total number of units of occupancy as depicted on the approved preliminary plan.
D. The Borough Council may accept a final plan modified to reflect a change to the site or its surroundings, which occurs after the preliminary plan review. The Borough Council shall determine whether a modified final plan will be accepted or whether a new preliminary plan shall be submitted. The Borough Planning and Zoning Commission may make recommendations to the Borough Council.
2. Application Requirements. All final plan applications shall include the following:
A. Sixteen copies of the final plan. Except as otherwise noted, all plans shall be either black on white, blue on white, or color on white paper prints. Copies shall be distributed as follows:
(1) One copy to the Borough Office.
(2) One copy to the Borough Engineer.
(3) Five copies to the Borough Planning and Zoning Commission.
(4) Nine copies to the Lebanon County Planning Department, including the following:
(a) Seven paper prints.
(b) One Mylar copy.
(c) One opaque Mylar for recording purposes.
B. Four copies of all notifications and certifications which are not provided on the preliminary plan. Copies shall be distributed as follows:
(1) One copy to the Borough Office.
(2) One copy to the Borough Engineer.
(3) One copy to the Borough Planning and Zoning Commission.
(4) One copy to the Lebanon County Planning Department.
C. Four copies of the application form (see Appendix 13-10). Copies shall be distributed as follows:
(1) One copy to the Borough Office.
(2) One copy to the Borough Engineer.
(3) One copy to the Borough Planning and Zoning Commission.
(4) One copy to the Lebanon County Planning Department.
D. Two copies of a completed fee schedule and the appropriate filing fee and deposit account.
E. Four copies of all reports required by §13-403.E(3). Copies shall be distributed as follows:
(1) One copy to the Borough Office.
(2) One copy to the Borough Engineer.
(3) One copy to the Borough Planning and Zoning Commission.
(4) One copy to the Lebanon County Planning Department.
F. In the case of a plan that requires access to a highway under the jurisdiction of the Department of Transportation, two copies of the plans submitted to support the application for highway occupancy permit.
3. Plan Requirements. All final plans shall be prepared in conformance with the provisions of §13-403 of this Chapter.
4. Borough Action.
A. In general, the Planning and Zoning Commission will schedule the final plan application for action at a regular meeting that is at least 15 calendar days following the filing of the application by the applicant. The Planning and Zoning Commission will discuss the final plan application with the developer or his agent at a regular meeting and will review the application to determine if it meets the standards set forth in this Chapter. The final plan application shall be submitted by the Planning and Zoning Commission, together with this analysis and recommendations, to the Borough Council for consideration.
B. After receipt of the Borough Planning and Zoning Commission’s recommendations, Borough Council shall:
(1) Evaluate the applicant’s submission, presentation and report to the Borough Planning and Zoning Commission and review comments of the Borough Engineer.
(2) Determine whether the plan meets the objectives and requirements of this Chapter and other ordinances of the Borough.
(3) Either approve, conditionally approve, or disapprove the plan.
C. Borough Council shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of Borough Council or the Planning Commission (whichever first reviews the application) next following the date the application was filed or after a final order of court remanding an application; provided, that should the said next regular meeting occur more than 30 days following the filing of the application or the final order of the court, the said 90-day period shall be measured from the thirtieth day following the day the application was filed.
D. The Borough Council shall not approve any plan until the County Planning Department report is received or until the expiration of 30 days from the date the application was forwarded to the County.
E. Final plan approval will be effective for 90 days from the date of the Borough Council’s action on the final plan, unless the Borough Council grants a waiver by extending the effective time period of the approval. Within this time period, the applicant must meet all conditions of approval, if any; certify plans as specified in subsection .6 of this Section; and record plans as specified in subsection.7. of this Section.
5. Compliance with Borough Council Action.
A. If the Borough Council conditions its final plan approval upon receipt of additional information, changes, and/or notifications, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the Borough for approval. Such data shall be submitted to the Borough Council within 90 days of their conditional approval, unless the Borough Council grants a waiver by extending the effective time period.
B. The Borough Council’s final approval of the plan shall be rescinded automatically should the developer fail to accept or reject the conditions as permitted by the MPC.
6. Final Plan Certification. After the Borough Council’s approval of the final plan and the required changes, if any, are made, the applicant shall proceed to prepare two sets of final plans which shall be either (A) black ink on tracing cloth or (B) transparent reproductions of the original plan with black line on cloth or stable plastic base film and one set of final plans which shall be a paper copy for the Borough’s files. The two transparent copies of the final plan shall be certified in the following manner: both final plans shall be presented to the Borough Council for the signature of the President and Vice President or their designees (see Appendix 13-6). Final plans will not be signed by the Borough Council if submitted more than 90 days from the Borough Council’s final approval action unless the Borough Council grants a waiver by extending the effective time period of the approval. The final plan or record plan shall not be signed nor recorded until the financial improvements agreement is executed by all parties.
7. Final Plan Recordation.
A. After approval by Borough Council and the Borough Planning and Zoning Commission, and with all endorsements indicated on nine copies, the subdivider or developer shall record his plan. No subdivision/land development plan may be legally recorded unless it bears the Borough approval and seal, and an indication that review by the County has taken place. The subdivider shall submit the following:
(1) Two signed copies to the Recorder of Deeds, to include one opaque Mylar and one print to send out for microfilming.
(2) Two copies to the County Planning Department, to include one transparent Mylar and one paper print.
B. All subdivision and land development plans shall be recorded within 90 days of the date of final approval. At the time of recording at the County, an additional copy of the plan shall be presented to the Lebanon County Planning Department to be stamped and the Lebanon County Recorder of Deeds to be time stamped, and this copy shall be returned to the Borough for the Borough’s records. The Recorder’s certificate that the approved plan has been recorded with plan book and page numbers indicated shall be submitted to the Borough. If the developer fails to properly record the plan with the Lebanon County Recorder of Deeds then the final approval of the plan given by the Borough Council shall be rescinded automatically.
C. If the approved plan includes the construction of improvements, the applicant shall provide the Borough Engineer with two complete sets of reduced size (11 inches by 17 inches) plan sheets.
D. In addition to the plan prepared for recording, the applicant shall submit a computer-readable file in the form specified by the Borough, which shall provide a complete display of the entire final plan, including all information contained on the finally approved plan. The computer readable file shall be submitted at the same time that the plan is submitted for recording.
8. Effect of Recording of Final Plan. Recording the final plan, after approval of the Borough Council, shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use, unless reserved by the landowner as provided in §13-403.E(2)(e) of this Chapter. However, the approval of the Borough Council shall not impose any duty upon the Commonwealth, County or Borough concerning acceptance, maintenance or improvement of any such dedicated areas or portion of same until the proper authorities of the Commonwealth, County, or Borough actually accept same by resolution in accordance with §13-608 of this Chapter.
(Ord. 2008-2, 6/9/2008, §306)
§13-307 Plans Exempted from Standard Procedures.
1. Revised Subdivision and/or Land Development Plans. Any resubdivision of recorded plans shall be considered as a new application and shall comply with all requirements of this Chapter, except that plans may be changed, provided that in making such changes:
A. No lot or tract of land shall be created that does not meet the minimum design standards required by this Chapter and existing Borough regulations.
B. No structure shall be relocated which does not meet the minimum design standards required by this Chapter and existing Borough regulations.
C. No increase is made in the overall density (number of lots on the tract).
D. The stormwater management facilities are not altered in a manner that affects the discharge of stormwater to an adjacent property or significantly relocates a major stormwater management facility within the project.
E. Street locations and block sizes shall not be changed.
F. The character and land use of the original application shall be maintained.
G. In every case where a plan alteration conforms to the above, the applicant shall:
(1) Submit six black on white or blue on white paper copies of the revised final plan and one application form (see Appendix 13-10) to the Borough Planning and Zoning Commission and two black on white or blue on white paper copies of the revised final plan and one application form to the County Planning Department. Upon review of the revision, the Borough Planning and Zoning Commission will, in writing, advise the applicant whether or not the revision complies with the above.
(2) If the revision complies, the applicant shall then submit the plan to the Borough Council for signature as specified in §13-306.6 of this Chapter (see Appendix 13-6).
(3) The plans shall then be recorded as specified in §13-306.7 of this Chapter.
H. In addition to submitting the required material, in accordance with subsection .1.G of this Section, the applicant shall file with the Borough the required number of copies of plans, supporting information and all filing fees required by the Borough plus documentation that plans have been properly submitted to the County Planning Department.
2. Minor Subdivision Plans. A plan for subdivision qualifies as a Minor Subdivision Plan if (1) not more than four lots or dwelling units are created, (2) the improvement of a new street is not proposed or required and (3) no installation of any utility outside the frontage road is required. For the purpose of interpreting this Section of this Chapter, a subdivision of not more than three lots shall not include the remaining undeveloped tract of the minor subdivision, sometimes called the residue tract, which does not count as a numbered lot so long as said residue could not be further subdivided under this subdivision and land development ordinance. The subdivision of lots from a property after four or more lots have been previously subdivided or four or more dwelling units have been previously created shall be considered a major subdivision. A minor subdivision plan may be submitted as a combined preliminary and final plan for approval. Minor subdivision plans shall follow the requirements for submission of a final plan in accordance with §§13-306 and 13-403 of this Chapter, with the exceptions noted below.
A. A water feasibility study as described in §13-405 is not required for a minor residential development or subdivision. When the number of lots or dwelling units proposed to be subdivided and/or developed exceeds four, either initially or cumulatively, all requirements of §13-405 shall apply. For the purposes of this subsection, the cumulative number of lots or dwelling units to be subdivided or developed shall be based on the original tract of land, which can be referenced as the parent tract of land, the parent tract of land shall be all the land held in single and separate ownership by the applicant without regard to the actual land submitted by the applicant for development or subdivision. Single and separate ownership is defined as ownership that is separate and distinct from that of the adjoining property.
B. A traffic impact study as described in §13-406 is not required for a minor residential development or subdivision.
3. Lot Annexation Plans. The lease, conveyance, sale, or transfer of land for the sole purpose of increasing the lot size of an adjacent contiguous lot shall comply with the following lot annexation procedure, provided that the proposal does not alter a subdivision plan of record, create additional lots or result in a nonconformity with the design standards found in Article 5 of this Chapter. In every case where a proposal conforms to the above, the application shall comply with the following procedures:
A. The applicant shall submit to the Borough 16 black on white, blue on white, or color on white paper prints of a lot add-on plan prepared to the standards specified in §13-404 of this Chapter and four application forms (see Appendix 13-10). Copies will be distributed in accordance with the procedures of §13-306.2 of this Article. In addition to submitting the required material, the applicant shall provide all filing fees required by the Borough. Upon review of the revision, the Borough will, in writing, advise the applicant whether or not the proposal qualifies as a lot annexation.
B. If the plan qualifies, the applicant shall then submit nine copies of the plan to the Borough Council for signature as specified in §13-306.6 of this Chapter (see Appendix 13-6).
C. The plans shall then be recorded as specified in §13-306.7 of this Chapter.
4. Natural Subdivisions. Whenever a portion of an applicant’s land is divided into two or more portions by virtue of the location of a public road, either State or Borough, it may be construed as having been “naturally” subdivided providing that the separate portions must meet all the requirements of the Cornwall Borough Zoning Ordinance [Chapter 14] relating to the applicable zoning district. In cases where a “naturally subdivided” section of land does not meet the zoning requirements, it may be conveyed only for annexation to an adjoining parcel and not as a separate building lot. Natural subdivisions shall be processed in the same manner as lot annexation plans.
(Ord. 2008-2, 6/9/2008, §307)
§13-308 Procedure for Requesting Consideration of a Modification of Provisions of this Chapter.
1. A modification of the minimum standards contained in this Chapter may be submitted for review where literal compliance with the mandatory provisions is shown by the applicant to be unreasonable and to cause undue hardship. The applicant shall have the burden to demonstrate by substantive evidence (A) that the applicant shall use an alternative method which shall achieve equal or better results or (B) that due to the unique characteristics of the property, no development of the property would be possible without the requested modification. The applicant shall provide evidence that no practicable alternative is available which can meet overall project purposes. In considering whether an alternative is practicable, the applicant and the Borough Council shall consider cost, existing technology, logistics, project purposes, and restrictions imposed by Federal, State, and local statutes, laws, and regulations.
2. All requests for modification shall be in writing, and shall accompany and be a part of the application for Plan approval (see Appendix 13-11).
3. The request shall state in full the grounds and facts of unreasonableness or hardship, and the provision or provisions of the ordinance involved, and the minimum modification necessary.
4. In general, the Planning and Zoning Commission will schedule a request for a modification for action at a regular meeting that is at least 15 calendar days following the filing of the application by the applicant. The Planning and Zoning Commission will review the request to determine (A) if compliance with the provisions of this Chapter creates an undue hardship or appears to be unreasonable as it applies to the particular property or (B) if the applicant demonstrates that an alternative proposal will allow for equal or better results, and take such action as it shall deem necessary or advisable in the public interest.
5. The request for a modification and accompanying documentation shall be submitted by the Planning and Zoning Commission, together with its analysis and recommendations, to the Borough Council for consideration. All applications for approval of a waiver shall be acted upon by the Borough Council who shall render its decision and communicate it to the applicant.
6. Notification of Action of Borough Council. After the meeting at which the waiver was reviewed, the Borough Council shall send a written notice of the Borough Council’s action to the applicant.
7. The granting of a modification shall not be contrary to the public interest and shall observe the intent and purpose of this Chapter.
(Ord. 2008-2, 6/9/2008, §308)
§13-309 Compliance with Chapter and Zoning Hearing Board Decisions.
Whenever the Zoning Ordinance [Chapter 14] provides that the use proposed by the applicant for subdivision or land development approval shall constitute a use by special exception or conditional use, or when a variance from the terms of the Zoning Ordinance [Chapter 14] is required to develop in accordance with the plan, the applicant shall obtain such special exception, variance or conditional use approval from the Borough Zoning Hearing Board or Borough Council, as applicable, prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions that have been imposed upon the grant of such special exception, variance, or conditional use, or zoning amendment by the Borough Zoning Hearing Board or Borough Council, as applicable.
(Ord. 2008-2, 6/9/2008, §309)
§13-310 Effects of Changes in this Chapter.
1. 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 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.
2. 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 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 5 years from such approval. The 5-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 plan. In the event of an appeal filed by any party from the approval or disapproval of a plan, the 5-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, 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.
3. Where final approval is preceded by preliminary approval, the aforesaid 5-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.
4. Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid 5-year limit, or any extension thereof as may be granted by 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.
5. In the case of a preliminary plan calling for the installation of improvements beyond the 5-year period, a schedule shall be filed by the landowner with the preliminary plan delineating all proposed sections as well as deadlines within which applications for final plan 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 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.
6. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25 percent of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Borough Council in its discretion. Provided, the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with landowner’s aforesaid schedule of submission of final plans for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within 5 years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said 5-year period the aforesaid protections shall apply for an additional term or terms of 3 years from the date of final plan approval for each section.
7. Failure of 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 zoning, subdivision and other governing ordinance enacted by the Borough subsequent to the date of the initial preliminary plan submission.
(Ord. 2008-2, 6/9/2008, §310)