1. When Site Plan Required.
A separate site plan review by the Planning Commission is required for any of the following uses when the Zoning Officer decides that a site plan review is necessary to determine compliance with this chapter:
A. A new principal non-residential building or use of land;
B. An expansion of more than 2,500 square feet in the floor area of any non-residential building;
C. Any new or expanded impervious area of greater than 4,000 square feet;
D. Any conversion of a principal residential building to a principal non-residential use; except in the R-HO and B-C Districts; or
E. Any change from one principal non-residential use to a type of principal non-residential use that is significantly different, and would require the addition of 10 or more off-street parking spaces; and
F. Any use not approved by Borough Council as a subdivision, land development or conditional use.
2. Site Plan Procedures.
The following procedures shall be followed for any use required to be reviewed under this section:
A. Submission. Eight complete copies of any required site plan shall be submitted to the Borough. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this chapter. A minimum of one copy shall be retained in Borough files. The site plan shall include the information listed in § 27-117.
B. Timing. The applicant shall submit a complete site plan within a minimum of 15 days prior to the first Planning Commission meeting at which the site plan is intended to be reviewed. The Planning Commission shall be given an opportunity to review the site plan and provide any comments in writing to the Zoning Officer within the time guideline stated in subsection (C), below.
C. Zoning Officer Action. The Zoning Officer shall review the site plan and determine its compliance or non-compliance with this chapter. The Zoning Officer shall make such determination within 60 days after the first scheduled Planning Commission regular meeting that occurs a minimum of 15 days after the receipt of a complete site plan submission.
D. Notice. The Borough should mail or personally deliver a copy of the decision to the applicant or his/her representative within 15 days after such decision. If a proper application is denied, the Zoning Officer should state reason(s) for such denial.
3. Compliance With Approved Plan. See
§ 27-1078.
4. Liability.
A. Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, stormwater runoff, activity on steep slopes or any other review or permit of this chapter, by an officer, employee, consultant or agency of the Borough shall constitute a representation, guarantee or warranty of any kind by the Borough, or its employees, officials, consultants or agencies, of the practicality or safety of any structure, use or subdivision, and shall create no liability upon, nor a cause of action against such public body, official, consultant nor employee for any damage that may result pursuant thereto.
B. If the Zoning Officer mistakenly issues a permit under this chapter, the Borough shall not be liable for any later lawful withdrawal of such permit for valid cause shown.
