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1. Submission of the Preliminary Plan.
A. Preliminary plans and all required accompanying documentation shall be submitted by the developer or his authorized representative to the Borough Secretary within 10 to 15 days in advance of a regularly scheduled Borough Council meeting.
B. Submission shall consist of the following:
(1) Eight blue-line or black-line paper prints of the preliminary plan showing all the information required in §22-306.
(2) Five copies of all other required documentation.
(3) A filing fee as established in Part 6 of this Chapter.
2. Distribution of Preliminary Plan for Review and Comment. Copies of the preliminary plan and accompanying documentation shall be immediately distributed
by the Borough Secrerary as follows:
A. One copy of the plan and accompanying documentation to the Borough Engineer.
B. One copy of the plan and accompanying documentation to the County Planning Commission accompanied by a fee sufficient to cover the costs of the review and report. Such fee shall be paid by the applicant.
C. One copy of the plan and accompanying documentation to the Borough Zoning Officer.
D. One copy of the plan to the County Conservation District Office.
E. One copy of the plan to the District Office of the Pennsylvania Department of Transportation when a proposed subdivision abuts or is traversed by a State road.
F. One copy of the plan to the Pennsylvania Department of Environmental Protection for its review concerning any proposed water and/or sewer facilities. [Ord. 2012-03]
G. The remaining copies of the plan and accompanying documentation to the Borough Planning Committee.
3. Action on Preliminary Plan by the Borough Council.
A. Action on a preliminary plan shall be taken by the Borough Council not later than 90 days following receipt of a complete submission to the Borough. However no final decision or action shall be taken by the Borough Council until the reports are received from the County Planning Commission and other individuals and agencies to whom the plan was sent for review and comment, or until the expiration of 45 days from the date the plans were forwarded to such individuals and agencies.
B. All actions on the plan by the Borough Council shall be taken at a public meeting whether it be a regularly scheduled or special meeting. In addition, the Borough Council may also schedule a public hearing before taking any action on the plan. The developer shall be notified of the time and place of all such meetings and hearings.
C. The decision of the Borough Council concerning the plan shall be in writing and shall be forwarded to the developer within 5 days following their decision, but still within the 90-day time limit. If a plan is not approved, or approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this Chapter. Copies of the decision shall be sent to the Planning Committee, Borough Engineer and Zoning Officer.
D. Failure of the Borough Council to render a decision and communicate it to the developer within 90 days shall be deemed an approval of the plan in terms as presented unless the developer has agreed to an extension of time.
E. Approval of the preliminary plan shall not constitute approval of the final plan for any purpose or reason, but shall constitute conditional approval of the proposed development as to its general character and layout.
F. When a preliminary plan has been approved or approved subject to certain conditions acceptable to the developer, no subsequent change or amendment in this or any other applicable ordinances shall be applied to affect adversely the right of the developer to commence and to complete any aspect of the approved develop ment in accordance with the terms of such approval within 3 years from such approval. Where final approval is preceded by preliminary approval, the 3-year period shall be counted from the date of preliminary approval.
In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in light of the provisions, of the applicable aids or plans as they stood at the time when the plan for such approval was duly submitted to the Borough.
(Ord. 6/6/1977, §303; as amended by Ord. 2012-03, 12/4/2012)