1. The preliminary plan and all related information shall be submitted to the Borough as provided below:
A. Plans shall be submitted to the Borough 15 working days prior to the Planning Commission meeting date. The applicant may request a waiver and submit a combined preliminary/final plans for non-phased projects.
B. Twelve copies of the preliminary plan, application form including description and purpose of the plan and checklist duly completed.
C. A non-refundable filing fee for a Borough as set by the Borough Council and the filing fee as set by the resolution of the Borough Council for review of the plans.
D. The Borough will distribute within 7 days, copies of the preliminary plan to the following, as applicable:
(1) Members of the Planning Commission;
(2) Municipal Engineer;
(3) Municipal Manager and Codes/ Zoning Officer;
(4) Municipal authority and public utility;
(5) Sewer Committee;
(6) Fire Department, as required;
(7) County Conservation District;
(8) County Planning Commission; and
(9) Any other appropriate public agency deemed beneficial to review the plan by the Borough.
E. The Borough shall forward 1 copy of the preliminary plans, supporting documents with review fee and county application for plan review form to the County.
F. The County Planning Commission shall review the preliminary plan and data and shall return a written review report to the Borough within 30 days of its receipt of the same or forfeit its right to review. The Borough shall not approve the application until the County review report is received or until the expiration of 30 days from the date the application was forwarded to the County.
G. The Marysville Planning Commission shall review the preliminary plan to determine if it meets the requirement and standards set forth in this Chapter. The Planning Commission shall recommend whether the preliminary plan should be approved, approved with conditions, tabled to make revision to the plan, or disapproved. The Planning Commission shall notify the Borough Council in writing thereof including, if recommended for disapproval, with reasons for such action, including specific reference to the provision of any statute or ordinance which have not been fulfilled.
H. When a plan is tabled by the Marysville Planning Commission/Borough Council to comply with the review comments generated by the Planning Commission/Borough Council, Codes/Zoning staff, Municipal Engineer, County Planning Commission and other review entity(s), the applicant shall provide a written response to all the comments and the revised plan before the next Planning Commission/Borough Council meeting date.
I. The Marysville Planning Commission shall act on the preliminary plan in time for the Borough Council to render their decision within 90 days, or extension thereof, of the official filing date. The 90-day time period begins following the date of regular meeting of the Borough Council or Planning Commission (whichever first reviews the application). Failure to do so shall be deemed an approval.
J. The Borough Council at their regular meeting shall act on the preliminary plan.
K. Before acting on the plan, the Borough Council may hold a public hearing after proper public notice.
L. The Borough Council shall notify the applicant, in writing, of its decision to approve, approve with conditions or disapprove the preliminary plan. Such notice shall be given to the applicant in person or mailed to him/her at the last known address not later than 15 days following the decision. If the plan is approved with conditions or disapproved, the Borough Council shall specify in their notice the conditions which must be met and/or the defects found in the plan and the requirement which have not been met, including specific reference to provisions of any statute or ordinance which has not been fulfilled.
M. If the preliminary plan is approved subject to conditions, the Borough Council shall not sign the plan until all the conditions have been met. All conditions of approval must be fulfilled within 120 days of the date of conditional approval, or the approval shall automatically become null and void, unless an extension is requested by the applicant in writing and granted by the Borough Council. The official date of approval of the preliminary plan shall be the date of conditional approval.
N. Approval of the preliminary plan shall constitute a subdivision or land development plan with respect to general design, the arrangements and approximate dimension of lots, street and other planned features. The approval binds the developer to the general scheme of the plan as approved. Approval of the preliminary plan does not authorize the recording, sale, or transfer of lots. Construction of improvements are allowed to be constructed after the approval of the preliminary plan.
O. From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in the subdivision and land development ordinance, 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.
P. The preliminary plan approval will be effective for a 5-year period from the date of approval of the preliminary plan. The final plan for the entire project must be made within 5 years of the preliminary plan approval unless the Borough Council grants a waiver by extending the effective time period of the approval. An extension of time may be requested by the applicant in writing and approved by the Borough Council in accordance with §
Q. In the cases of a preliminary plan calling for installation of improvements beyond the 5-year period, a schedule shall be filed by the applicant with the preliminary plan delineating all proposed sections as well as deadlines within which application for final plat 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.
R. 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. Provided the applicant has not defaulted with regards to or violated any of the conditions of the preliminary plan approval, including compliance with applicant’s aforesaid schedule of submission of final plans for the various sections, then the aforesaid protection afforded by substantially completing the improvements shown on 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 protection shall apply for an additional term or terms of 3 years from the date of final plan approval for each sections.
2. Failure of applicant to adhere to the aforesaid schedule of submission of final plan for the various sections shall subject any such section to any and all changes in this Chapter, zoning and other governing ordinance enacted by the Borough Council subsequent to the date of the initial preliminary plan submission.
(Ord. 614, 5/11/2015)