§ 22-406.   Final Plan Procedures.
   1.   After the applicant has received from the Borough Council the official notification of the approval of the Preliminary Plan with or without conditions, and the applicant has successfully fulfilled any conditions of approval, the applicant may submit a final plan in accordance with this Chapter and the provisions of the Municipalities Planning Code. The Borough will not accept concurrent plan submittals unless all previous conditions are met.
   2.   The applicant shall submit a final plan to the Borough within 1 year after the date of the approval of the Preliminary Plan for the portion intended to be developed. Filing of the plan shall include all the material and other data required under the final plan specifications and appropriate review fees. The applicant may request a waiver and submit a combined preliminary/final plans for non-phased projects.
   3.   The applicant shall submit to the Borough the completed application form, appropriate filing fees, along with the following:
      A.   Twelve prints and 1 electronic media formatted copy;
      B.   Twelve copies of construction plans;
      C.   Twelve copies of stormwater management report; and
      D.   Twelve of all supporting information required for the final plan requirements.
   4.   The Borough shall forward within 7 days, one copy of the final plan, report(s) to the County Planning Commission with review fee and county application for plan review form. The Borough may send plans to other agencies as needed. Copies of the plan and required report(s) will also be provided to the Planning Commission.
   5.   The final plans shall be reviewed by the Municipal Engineer and Codes Enforcement staff to provide review comments to the Planning Commission and the applicant.
   6.   The County Planning Commission shall review the plans and provide review comments to the Borough within 30 days.
   7.   The Marysville Planning Commission will review the plan and required report(s) at its regularly scheduled meeting date, for compliance with the approved preliminary plan and this Chapter and make recommendation to the Borough Council. The Planning Commission shall act on the final plan in time for the Borough Council to render their decision within 90 days from the official filing date.
   8.   The final plan shall incorporate all the changes and modifications required by the Borough Council in the preliminary plan, and shall conform to the approved preliminary plan, and it may constitute only that portion of the approved preliminary plan which the applicant proposes to record and develop at the time, provided that such portion conforms with all the requirements of this Chapter and the phasing requirement agreed upon with the Borough Council and the requirements of the Municipalities Planning Code, Act 247, as amended.
   9.   When a plan is tabled by the Planning Commission/Borough Council to comply with review comments generated by the Planning Commission/Borough Council, Codes/Zoning officer, Borough Engineer, County Planning Commission, and other review entity(s), the applicant shall provide a written response to all the comments and a revised plan before the next Planning Commission/Borough Council meeting date.
   10.   The Borough Council will not take the official action on the final plan until the applicant and the Borough agree on the terms for completion of all public improvements or guarantee thereof. The agreements and improvement and/or maintenance guarantee shall be prerequisite to final plan approval and shall be in accordance to improvement and maintenance guarantees.
   11.   The Borough Council, upon the recommendation of the Planning Commission shall act on the final plan within 90 days, or extension thereof of the official filing date.
   12.   In the event that any modification/waiver of requirements from this Chapter is needed, the details of the modification request and the reasons for its necessity shall be submitted to the Borough in writing as provided in § 22-305 through § 22-308.
   13.   The applicant during the plan review process may grant an extension of time for the Borough to act on the plan in writing.
   14.   The Borough Council shall notify the applicant, in writing, of its decision to approve, approve with conditions or disapprove the plan. Such notice shall be given to the applicant in person or mailed to the applicant’s last known address not later than 15 calendar days following the decision. If the plan is approved with conditions or disapproved, the Borough Council shall specify in its 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 the provision of any statute or ordinance which have not been fulfilled.
   15.   If the plan is approved with conditions, the applicant shall respond to the Borough Council indicating acceptance or rejection of such conditions. Such response shall be in writing, signed by the applicant, and received by the Borough within 10 calendar days of receipt by the applicant of Borough Council’s decision to approve the plan with conditions. Approval of the plan shall be rescinded automatically upon the applicant’s failure to accept such conditions in the manner and within the time frame noted above.
   16.   No changes, erasures, modifications or revisions shall be made on any final plan after approval has been given by the Borough Council, and endorsed in writing on the plan, unless the plan is first resubmitted to the Borough Council.
   17.   The applicant 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.
   18.   If the final 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 final plan shall be the date of conditional approval.
   19.   Within 90 days after the approval of the final plan by the Borough Council and upon all conditions being met, the applicant shall provide no less than 6 hardcopy prints of the plan to the Borough for signatures of the Borough Council. Then the applicant shall obtain the signatures of the County Planning Commission for review of the plan and a copy of the final signed plan shall be recorded in the office of the county recorder of deeds. The applicant shall provide the Borough with 2 recorded hardcopies signed for municipal records with instrument number/plan book number and appropriate page numbers indicated on the plan.
   20.   Recording of 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 reservation and other public areas to public use unless reserved by the applicant as provided in § 22-406.17. The approval of the final plan shall not impose any duty upon the Borough or the Borough Council concerning maintenance or improvements of any such dedicated street, or public use, until the Borough Council shall have accepted the same by the prevailing procedure of the Borough.
(Ord. 614, 5/11/2015)