§22-204.   Major Subdivision and Land Development Procedure.
   1.   Sketch Plan. Prospective applicants 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 10 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 formal filing of a subdivision or land development plan with the Borough. Sketch plans should include those items listed in Part 4, “Plan Requirements.”
   2.   Preliminary Plan.
      A.   Submission of Preliminary Plan.
         (1)   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 plans with the respective private and public service agencies.
         (2)   The application form shall be accompanied by the requisite fee as set forth in §202 of this Chapter 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 resolution of Borough Council, and as from time to time amended.
         (3)   Upon receipt, the secretary of the Planning Commission shall forward one copy of the preliminary plan and one copy of the required material to the Tioga County Planning Commission and such other agencies as he deems appropriate for review and comment. The remaining copies of the preliminary plan and required materials shall remain with the Planning Commission.
         (4)   When applicable, the application shall be accompanied by a planning module for land development, as required by the Pennsylvania Department of Environmental Resources Protection. [A.O.]
      B.   Review of Preliminary Plans.
         (1)   In cases where the subdivision or land development adjoins an existing or proposed State highway or has proposed streets entering onto State highways, the applicant shall submit the plans to the Pennsylvania Department of Transportation for review.
         (2)   The Planning Commission will consider the plan to determine if it meets the standards set forth in this Chapter and the Borough Zoning Ordinance [Chapter 27].
         (3)   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 modification of the provision of 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.
      C.   Planning Commission Recommendation.
         (1)   The Planning Commission shall recommend approval, approval with conditions or modifications, or disapproval of the preliminary plan, and shall notify the Borough Council in writing thereof, if the recommendation be disapproval, a statement of the reasons, citing the ordinance or statute, for such recommendation.
         (2)   The Planning Commission shall recommend approval, approval with modifications or disapproval and shall notify the Borough Council in writing thereof, including if the recommendation be disapproval, a statement of the reasons, citing the ordinance or statute, for such recommendation.
      D.   Borough Engineer Review. All plans may be reviewed by the Borough Engineer, which review shall be incorporated into the recommendation if the Planning Commission.
      E.   Resubmission of Final Plan. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.
      F.   Approval of Preliminary Plans.
         (1)   The Borough Council shall act on the preliminary plan within 90 days of the official filing date. Failure to so act shall be deemed an approval. Before action on a preliminary plan the Borough Council may hold a hearing thereon after public notice.
         (2)   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 at his last known address not later than 15 days following the decision. If the plan is approved with conditions acceptable to the developer and accepted by him 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 any statute or ordinance which have not been fulfilled.
         (3)   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 applicant to the general scheme of the subdivision shown, unless a revised preliminary plan is submitted, and permits the applicant 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.
   3.   Final Plan.
      A.   Submission of Final Plans.
         (1)   After the applicant has received official notification from the Borough Council that the preliminary plan has been approved, he must submit a final plan in accordance with the provisions of §508 of the Municipalities Planning Code, 53 P.S. §10508.
         (2)   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.
         (3)   The applicant must submit with the final plan a guarantee for the installation of improvements which meets the requirements of Part 4.
         (4)   The application shall be accompanied by the requisite inspection and engineering fees as set forth in §202.
         (5)   Certification of approval of the planning module for land development by the Pennsylvania Department of Environmental Resources Protection shall be part of the requisite materials accompanying the final plan submission. [A.O.]
         (6)   The applicant shall submit a reproducible original of the plans, nine  prints of the final subdivision or land developer plans and at least three copies of all other required information.
         (7)   Upon receipt of the final plan, the Engineer shall forward the original plans and five copies of the plans and one cop y of all the other material to the Planning Commission for review and recommendation; one copy of the plan and one copy of all other information to the Tioga County Planning Commission.
(Ord. 164, 8/20/1965, § 2.300; as amended by Ord. 350, 5/6/1991, §3; and by A.O.