(a) Prints of the final plan and all required supplementary data shall be initially and officially submitted to the Borough Manager, together with the required fees as prescribed by resolution of Borough Council.
(b) The Borough Manager shall make a preliminary review of the application. If the Borough Manager decides that the application is defective on its face, the applicant shall be notified. The applicant may then request the return of all submissions for the purpose of correction and resubmission. A request for the return of all submissions shall be in writing and shall be deemed to be a withdrawal of the application.
(c) A review of the plan will not commence, nor the statutory time period for review begin, until the completion of the above items is acknowledged in writing by the Borough Manager and the application is considered complete.
(d) The application and all supporting plans, prints, and other information shall be forwarded to the Borough Council, Borough Planning Commission, Borough Environmental Advisory Council, County Planning Commission, County Conservation District, Borough Engineer, and others whose comments on the plan may be required.
(e) In accordance with time periods provided in the MPC, the Borough Planning Commission shall review the plan and recommendations of the other reviewing agencies as noted in division (d) of this section. In reviewing the application, the Planning Commission may secure the advice or assistance of any expert consultants qualified to evaluate all implications of the proposed development and to advise as to any conditions and safeguards that should be prescribed to assure the fullest achievable compatibility between the proposed use, its neighborhood, and the community as a whole. The fees charged by any such expert consultant shall be paid for by the applicant. The Planning Commission may recommend alterations to any subdivision or land development plan and specify conditions or additions thereto that it deems necessary, and may make its decision to recommend preliminary approval subject to such conditions, changes, modifications or additions.
(f) After such review, and in accordance with time periods provided in the MPC, the Planning Commission shall send written notice of its actions and the reasons therefor, citing specific sections of the statutes or ordinances relied upon, to the applicant and Borough Council.
(g) After a recommendation on the final plan has been officially submitted to the Borough Council by the Planning Commission, such plan shall be placed on Borough Council's agenda for review and action. A public hearing may be scheduled in accordance with applicable Borough ordinances and the MPC. In acting on the final subdivision or land development plan, the Council shall review the plan and written comments of the reviewing agencies, and comments from the public hearings, if any, to determine its conformance to existing ordinances. The Borough shall withhold action on said plans until the comments of the County Planning Department have been received, or until the expiration of 30 days from the date the plans were forwarded to the County for review, whichever occurs first. Council may recommend alterations to any subdivision or land development plan and specify conditions or additions thereto, which it deems necessary, and may make its decision to grant preliminary approval subject to such conditions, changes, modifications or additions. Upon the written request of the applicant, Borough Council may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this Subdivision and Land Development Code will be observed.
(h) Every final plan approval shall be subject to these further conditions:
(1) The applicant shall execute a subdivision and land development agreement in accordance with Section 1286.12.
(2) The applicant shall provide a performance guarantee in accordance with Section 1286.13.
(3) The applicant agrees, if requested, to tender a deed of dedication to the Borough for any required easements for streets, pedestrian facilities, sanitary sewers, water lines, or storm sewers, and improvements thereto, including street paving, sidewalks, shade trees, water mains,
fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public welfare, after all streets, sidewalks, sewers, and the like are completed and such completion is certified as satisfactory by the Borough Engineer. Borough Council may require that the applicant supply, at the applicant's cost, a title insurance certificate from a reputable company before any property is accepted for the Borough.
(4) Whenever the applicant is providing open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the applicant and the Borough or an organization acceptable to the Borough, and shall run to the benefit of the Borough and lot purchasers in the subdivision or land development. A recorded copy of the deed of easement shall be presented prior to the issuance of building permits.
(5) The applicant shall have applied for all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, including but not limited to the Pennsylvania Departments of Transportation (PennDOT) and Environmental Protection (DEP) and the Public Utility Commission (PUC). In some cases, approval of permit application(s) may be required before the final plan is approved.
(Ord. 961, § 410. Passed 8-13-01.)
(i) After submitting the final plan, the applicant shall be responsible for notifying the abutting property owners that a final plan proposed for the subject lot has been filed, no less than ten days prior to the first Planning Commission meeting for which the plan has been scheduled for review. Notification shall be made by certified mail, return receipt requested, or by other proof of notification, which shall be provided to the Borough. Proof of such notification shall be presented to the Planning Commission at the first meeting for which the plan has been scheduled for review.
(j) The Borough shall provide written notice of the date and time of the first Planning Commission meeting at which the application will be discussed to be conspicuously posted on the affected tract of land at least one week prior to the review. Such notice shall also be posted at Swarthmore Borough Hall, on the Swarthmore Borough website, and in a newspaper of local circulation.
(Ord. 922 (part). Passed 11-10-97; Ord. 1078. Passed 8-8-16.)