(A) Prerequisites for filing final plan application. An application for final plan approval can be submitted provided that:
(1) The Borough Council has granted tentative plan approval to the development plan; and
(2) All conditions imposed by the Borough Council on the tentative plan approval have been complied with in a manner acceptable to the borough.
(B) Final plan application procedure.
(1) An application for final plan approval of a PRD shall be filed with the Zoning Officer, on forms as prescribed by the borough. The final plan application shall not be considered complete and properly filed unless or until all items required by division (C) below, including the application fee, have been received.
(2) The Zoning Officer shall review the application to determine whether all materials required by division (C) below and any other relevant borough ordinances have been submitted by the applicant.
(3) Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the following entities for review: the Borough Solicitor; the Borough Engineer; each member of the Borough Council; the County Planning Agency or its designee; and any other appropriate borough personnel or profession consultants.
(4) The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Planning Commission by no later than the Friday prior to the date of the regular meeting of the Planning Commission.
(5) Any plan revisions, supplements or other amendments to an administratively complete, application shall be filed with the Zoning Officer, provided that the borough shall have at least 19 days to review these plan revisions, supplements or other amendments prior to a Planning Commission and/or Borough Council meeting.
(6) The final plan may be submitted in phases or sections as shown on the approved tentative plan and phasing schedule pursuant to § 155.284.
(C) Final plan application content.
(1) The application for final plan approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the borough, with no fewer than:
(a) Three full scale copies and 15 half-scale copies of all required plans, maps and drawings; and
(b) Fifteen copies of all other application materials.
(2) The application for final plan approval shall contain the following:
(a) All information and data required for a final plan as specified in county SALDO;
(b) Accurately dimensioned locations of all proposed buildings, structures, parking areas and common open spaces;
(c) The use and number of families to be housed in each structure;
(d) Renderings of proposed dwellings;
(e) Landscaping plan, including the location of sidewalks, trails and buffer yards;
(f) The substance of covenants, grants of easements, rights-of-way or other restrictions proposed to be imposed upon the use of the land, common open space, buildings and structures including proposed easements or grants for public utilities; and
(g) Provisions for the maintenance, ownership and operation of common open spaces and common recreation facilities.
(D) Staff review.
(1) The Zoning Officer and any other borough personnel or professional consultant, as directed by the Borough Council or its designee, shall review the final plan application documents to determine if they are in compliance with this chapter, other applicable borough ordinances, the borough comprehensive plan and the borough planning objectives. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Borough Council or its designee.
(E) Planning Commission review and recommendation.
(1) The Planning Commission shall review the final plan application and associated documents and forward its recommendation to the Borough Council.
(2) If the final plan is deemed to have outstanding comments or unaddressed concerns, the developer shall resubmit revised drawings, supporting reports, documents and other similar material for review by the borough staff, professional consultants and the Borough Planning Commission.
(3) The Planning Commission shall make a written recommendation to the Borough Council for approval, approval with conditions or disapproval of the final plan application.
(F) Borough Council action.
(1) In the event an administratively complete application for final plan approval has been filed in accordance with this subchapter and the relevant tentative plan approval decision letter, the Borough Council shall render its decision on the final plan application, in writing by certified mail, within 45 days following the regular meeting of the Planning Commission next following the date of filing of an administratively complete application; provided, that should the next said Planning Commission meeting occur more than 30 days following the filing of an administratively complete application, said 45-day period shall be measured from the thirtieth day following the date of filing of the administratively complete application. The recommendation of the Planning Commission and the Planning Commission minutes containing the report of the Borough Engineer shall be made a part of the record at the said Borough Council meeting.
(2) (a) If the development plan as submitted contains variations from the development plan granted tentative approval, the Borough Council may refuse to grant final approval. The Borough Council must forward written notice of such refusal to the landowner and/or developer within 45 days following the regular meeting of the Planning Commission next following the date of filing of an administratively complete application; provided that should the next said Planning Commission meeting occur more than 30 days following the filing of an administratively complete application, said 45-day period shall be measured from the thirtieth day following the date of filing of the administratively complete application. This written notice of refusal shall set forth the reasons why one or more of the said variations are not in the public interest.
(b) In the event of such refusal, the landowner and/or developer may either:
1. Refile the application for final plan approval without the objected variations; or
2. File a written request with the Borough Council to hold a public hearing on the application for final approval. This public hearing shall be held within 30 days of the borough’s receipt of the request and the hearing shall be conducted in accordance with the procedures for hearing on tentative plan applications. Within 30 days after the conclusion of the public hearing, the Borough Council shall issue a written decision either granting or denying final plan approval, said decision shall be in the form required for tentative approval.
(c) Either of these actions shall be taken at any time during which the landowner and/or developer is entitled to apply for final approval or shall be taken within 30 days of receiving the written notice of refusal if the time for filing the final plan application has already passed. In the event that the landowner and/or developer have failed to take any of these actions within the time specified, he or she shall be deemed to have abandoned the development plan.
(Ord. 1089, passed 5-19-2014)