(A) Sketch plan. Prospective subdividers and developers are strongly urged to discuss possible development sites with the Planning Commission prior to submission of a preliminary plan. A sketch plan shall be presented for review not less than ten days prior to the regular meeting of the Planning Commission at which it is to be considered. Submission of a sketch plan will not constitute a formal filing of a subdivision or land development plan with the Borough Council. Sketch plans should include those items listed in §§ 153.035 to 153.038.
(B) Preliminary plan.
(1) Submission of preliminary plans.
(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 subdivider or developer to coordinate his or her plans with the respective private and public service agencies.
(b) The application form shall be accompanied by the requisite fee as set forth in § 153.021 and by not less than three copies of all required material and not less than nine prints of the preliminary plan of the subdivision or development, as required by borough resolution from time to time.
(c) The Borough Engineer shall forward one copy of the preliminary plan prints and one copy of the required material to the County Planning Commission and such other agencies as he or she deems appropriate for review and comment.
(d) The Engineer shall forward the remaining copies of the preliminary plan prints and required materials to the Planning Commission.
(e) When applicable, the application form shall be accompanied by a planning module for land development, as required by the state’s Department of Environmental Protection.
(2) Review of preliminary plans.
(a) In cases where the subdivision or land development adjoins an existing or proposed state highway or has proposed streets entering onto state highways, the developer shall submit the plans to the state’s Department of Transportation for review.
(b) The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and the borough’s zoning ordinance (Chapter 154).
(c) The Planning Commission shall act on the preliminary plan within 60 days of the official filing date, but in any event shall act on the plan in time for the Borough Council to render their decision within 90 days from the official filing date. In the event that any variance from this chapter is requested by the applicant or is deemed necessary for approval, the variance and the reasons for its necessity shall be entered into the records of the Borough Council.
(3) Planning Commission recommendation.
(a) The Planning Commission shall recommend whether the preliminary plan shall be approved, approved with modifications, or disapproved, and shall notify the Borough Council in writing thereof, including, if disapproved, a statement of reasons for such action.
(b) In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer, borough staff, the Borough Sanitary Engineer, the County Planning Commission, interested residents, and the recommendations of any agency or agencies from which a review was requested under division (B)(1)(c) above.
(4) Borough Engineer review. All plans shall be reviewed by the Borough Engineer, which review shall precede the transmission of such plans to the Borough Council.
(5) Resubmission of preliminary plans. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.
(6) Approval of preliminary plans.
(a) The Borough Council shall act on the preliminary plan within 90 days of the official filing date. Failure to do so shall be deemed an approval. Before acting on a preliminary plan, the Borough Council may hold a hearing thereon after public notice.
(b) 1. The Borough Council shall notify the applicant of its decision to approve, approve with conditions, or disapprove the preliminary plan in writing. Such notice shall be given to the applicant in person or mailed to him or her at his or her last known address not later than 15 days following the decision.
2. If the plan is approved with conditions acceptable to the developer and accepted by him or her in writing 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 requirements which have not been met, including specific reference to provisions of the state’s Municipalities Planning Code, 53 P.S. §§ 10101 et seq., or any other statute or this chapter or any other ordinance which have not been fulfilled.
(c) Approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots, and other planned features. The approval binds the subdivider or developer to the general scheme of the subdivision shown, unless a revised preliminary plan is submitted, and permits the subdivider to proceed with final detailed design of improvements, to arrange for guarantee to cover installation of the improvements and to prepare the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of the preliminary plan.
(C) Final plan.
(1) Submission of final plans.
(a) After the subdivider or developer has received official notification from the Borough Council that the preliminary plan has been approved, he or she must submit a final plan in accordance with the provisions of § 153.057.
(b) The final plan shall conform in all respects with the approved preliminary plan. If it does not, the plan submitted shall be considered as a revised preliminary plan and shall be forwarded by the Borough Engineer to the Planning Commission for review and recommendation as a preliminary plan.
(d) The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 153.021.
(e) Documented approval of the planning module for land development by the state’s Department of Environmental Protection shall be a part of the requisite materials accompanying the final plan submission.
(f) The subdivider or developer shall submit a reproducible original of the plans, nine prints of the final subdivision or land development plans, and at least three copies of all other required information.
(g) Upon receipt of the final plan, the engineer shall forward the original plans and five copies of the plans, and one copy of all the other material to the Planning Commission for review and recommendation; one copy of the plan and one copy of all other material to the County Conservation District for review and comments; one copy of the plan and one of all other material to the County Planning Commission; one copy of the plan to the Borough Sanitary Engineer; and copies to such other agencies whose recommendations would be pertinent to the processing of the plan.
(2) Review of final plans.
(a) The Planning Commission will review the plan and requisite materials for compliance with the approved preliminary plan and for conformance to the requirements of this chapter.
(b) The Planning Commission shall act on the final plan within 60 days of the official filing date.
(3) Planning Commission recommendation. The Planning Commission shall recommend whether the final plan shall be approved, approved with conditions, or disapproved and shall notify the Borough Council in writing thereof, including, if approved with conditions or disapproved, a statement of reasons for such action. In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer, the County Planning Commission, the County Conservation District, PennDOT, and the recommendations of any agency or agencies from which a review was requested under division (C)(1)(g) above.
(4) Borough Engineer review. All plans shall be reviewed by the Borough Engineer, which approval shall precede the transmission of such plans to the Borough Council.
(5) Resubmission of final plans. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.
(6) Approval of final plans. The Borough Council shall act upon the application for approval of a final plan and render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said 90-day period shall be measured from the thirtieth day following the day the application has been filed.
(a) The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him or her at his or her last known address not later than 15 days following the decision.
(b) 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 to the provisions of the Municipalities Planning Code or any other statute and the provisions of this chapter and any other ordinance relied upon.
(c) 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.
(7) Recording of final plans.
(a) Upon approval of the final plan, the subdivider or developer shall prepare one transparent reproduction of the original final plan on stable plastic base film and no less than four prints thereof, which shall be submitted to the borough not later than 30 days after approval.
1. These plans, upon satisfaction of all conditions attached to the approval, will be signed by the Borough Council.
2. A copy of the signed final plan shall be recorded in the office of the County Recorder of Deeds within 90 days after approval of the final plan or the approval of the Borough Council shall be null and void.
3. The final plan must be recorded before proceeding with the sale of lots or construction of buildings.
(b) Recording the final plan shall be an irrevocable offer to dedicate all streets and other public ways to public use and to dedicate or reserve all park reservations and other public areas to public use unless reserved by the subdivider as hereinafter provided. The approval of the final plan shall not impose any duty upon the Borough Council concerning maintenance of the improvements offered for dedication nor shall such approval be construed as an acceptance of such dedication.
(c) The subdivider shall place a notation on the final plan if there is no offer of dedication to the public of streets and certain designated public areas, in which event the title to such areas shall remain with the owner, and the borough shall assume no responsibility for improvement or maintenance thereof; which fact shall be noted on the final plan.
(Prior Code, Ch. 22, Pt. 3, § 304) (Ord. 2-2001, passed 7-2-2001)