(A) Preliminary plan submission required.
(1) A preliminary plan submission for a major subdivision or land development meeting all of the requirements of this subchapter shall be filed by the applicant and reviewed in accordance with the provisions of this subchapter. Only a final plan and not a preliminary plan is required for a land development of only one principal nonresidential use and/or a maximum of three dwelling units.
(2) A preliminary plan submission is not required for:
(a) A minor subdivision;
(c) A land development of only one principal nonresidential use and/or a maximum of three dwelling units.
(B) Required submission.
(1) Applicant’s duties. The applicant shall file with the staff at least 21 calendar days prior to a regular Planning Commission meeting (not including a workshop meeting):
(a) The required fees; and
(2) Staff’s duties. The staff shall retain an least one set of all materials in the borough files and shall forward plans to the following agencies to seek their comments prior to preliminary plan approval:
(a) Sewer authority or Sewage Enforcement Officer (if applicable);
(b) Borough Fire Chief (layout and utility plan if deemed appropriate by the borough staff or Planning Commission);
(c) Borough Engineer, with the plans provided prior to the next regularly scheduled Planning Commission meeting; and
(d) The Borough Planning Commission (including seven copies of the application form, at least one copy of the preliminary plan checklist, several copies of the preliminary plan and at least one copy of the supporting documents), with such information provided at or prior to the first regularly scheduled Planning Commission meeting after a proper submission.
(3) Applicant’s distribution. The applicant is fully responsible for the following:
(a) Contacting the appropriate utility companies, as appropriate, including the water supplier;
(b) Applying for a PennDOT highway occupancy permit if one is required for vehicle access; granting of any such needed permit shall be a condition of any preliminary approval under this chapter;
(c) Determining whether any permits or approvals are needed from any agency outside of the borough, including DEP (including any obstruction to a waterway or any stream crossing) and the Army Corps of Engineers (including determining whether any “wetland” will be disturbed);
(d) Providing a copy of the sedimentation and erosion control plans to the County Conservation District, together with their required review fees, if any earth disturbance is proposed;
(e) If any portion of a major subdivision or land development:
1. Would occur within 200 feet of the boundary of another municipality; or
2. Would clearly have a regional impact upon a municipality, as determined by the Planning Commission, then the applicant shall provide a copy of the layout plan to the Secretary/Treasurer of that municipality for an advisory review.
(f) Providing a copy of the plans to the Joint Planning Commission, with the JPC’s required review fees.
(4) Preliminary plan and supporting documentation.
(a) Each preliminary plan and supporting documentation:
2. Should seek to incorporate recommendations made by the Planning Commission, Borough Council and the Borough Engineer during the sketch plan review.
(b) All sheets should be folded to approximately 9 inches by 12 inches size so that the title of the sheet faces out.
(5) Colored layout plan. It is recommended that the applicant provide at least one copy of the layout plan that is lightly colored in such a way that it will allow clearer understanding by the general public at public meetings.
(C) Determination of completeness of the submission.
(1) Based upon the initial review of the borough staff and/or the Borough Engineer, the Commission shall have authority, at its first regularly scheduled meeting after the submission is filed in a timely fashion, to determine that a submission is significantly incomplete and therefore to refuse to review the submission further and to do one of the following:
(a) Not accept the submission, indicating the deficiencies, and return the fee (minus the costs of any borough review) to the applicant;
(b) Accept the submission as being filed for review on the condition that the applicant shall file such additional required materials and information to the staff or appropriate agency or person within a certain number of days from the date of such acceptance;
(c) Postpone the acceptance of the submission until the next Planning Commission meeting after the applicant has met all of the submittal requirements and has filed such materials within the required time period prior to the meeting. The 90-day time limit for action shall not begin until the plan is accepted as complete; or
(d) Recommend that the plan be rejected by the Borough Council for just cause.
(2) If the Commission determines that the submission is significantly complete, as filed and as required, the Commission shall accept the plans and may begin its review.
(3) Zoning variances: an application under this chapter shall not be considered to be complete if one or more zoning variances will be required for the subdivision or land development to legally occur as submitted, until such time as the needed zoning variances have been granted.
(D) Review by Borough Engineer.
(1) Within 45 days from the date the plans are duly submitted for review (unless granted an extension by the Commission or unless the plans are significantly incomplete), the Borough Engineer should review the engineering considerations of the preliminary plan and prepare an initial report on such considerations to the Commission.
(2) The Borough Engineer may make additional reports and recommendations to the Commission and the Borough Council during review of the plan. Matters that should be dealt with directly by the Planning Commission and/or the Borough Council should be listed separately from technical engineering considerations.
(3) The applicant and/or his or her plan preparer shall make reasonable efforts to resolve technical engineering considerations outside of and prior to Planning Commission meetings. The Borough Engineer may require the applicant or his or her plan preparer to meet for this purpose.
(4) A copy of any findings of the Borough Engineer should be sent or handed in person to the applicant or his or her representative.
(E) Review by Commission. The Planning Commission shall accomplish the following within the time limitations of the Municipalities Planning Code, 53 P.S. §§ 10101 et seq., (unless the applicant grants a written time extension), while allowing a sufficient number of days within this deadline for a decision by the Borough Council:
(1) Review all applicable reports received from any official reviewing agencies;
(2) Determine whether the preliminary plan submission meets the requirements of this chapter and other applicable ordinances;
(3) Review the preliminary plan submission with the applicant or his or her representative (if present) and recommend any needed revisions so that the submission will comply with this chapter or that would generally improve the plan; and
(4) Recommend approval, conditional approval or disapproval of the preliminary plan submission in a written letter to the Borough Council that specifies any recommended conditions for approval, identifies defects found in the application and/or describes requirements which have not been met. If the plan is recommended for disapproval, the letter shall cite the provisions of the chapter relied upon.
(F) Review by Borough Council. Based upon the report of the Planning Commission and any reports received from official reviewing agencies, the Borough Council shall:
(1) Determine whether the preliminary plan submission meets the requirements of this chapter and other ordinances; and
(2) Approve or reject the preliminary plan submission within the time required by the Municipalities Planning Code, 53 P.S. §§ 10101 et seq. As of 1991, this law requires:
(a) The Borough Council to act not later than 90 days following the date of the first regular meeting of the Commission held after it has been properly filed for review; but in no case shall the Borough Council’s decision be made later than 120 days following the date the submission was accepted as being filed for review, unless the applicant grants a written extension of time; and
(b) No subdivision or land development shall be granted final approval until a report is received from the Joint Planning Commission or until the expiration of 30 days from the date the application was forwarded to the Joint Planning Commission.
(G) Decision by Borough Council.
(1) The decision of the Borough Council shall be in writing. The decision shall be communicated to the applicant or his or her representative personally or by mail at his or her last known address not later than 15 days following the decision.
(2) Approval of the preliminary plan submission shall constitute conditional approval of the subdivision or land development as to the character and intensity, but shall not constitute approval of the final plan or authorize the sale of portions of the development or construction of buildings.
(3) If the preliminary plan submission is disapproved, the decision shall specify defects found in the submission and describe requirements which have not been met, citing the provisions of the statute or ordinance relied upon in each case.
(H) Final plan submission deadline. An applicant shall file a final plan within five years from the date of the approval of the preliminary plan by the Borough Council, unless an extension in writing has been granted by the Borough Council. Failure to comply with this requirement shall render the preliminary plan null and void, and a new preliminary plan shall be submitted.
(Ord. passed 2-3-1992)