(A) Final plan submission required.
(1) A final plan submission for each major subdivision or land development must be filed by the applicant and reviewed following the provisions of this subchapter.
(B) Final plan submission deadline.
(1) An applicant shall file a final plan submission 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.
(2) Failure to comply with this requirement shall render the preliminary plan submission null and void, and a new preliminary plan submission must be filed.
(C) Required submission.
(1) Applicant’s duties. The applicant shall file to the borough staff at least 21 calendar days prior to a regular Planning Commission meeting (not including workshop meetings) all of the required plans, information and fees listed in § 154.092.
(2) Staff’s duties. The borough staff shall forward plans to the following agencies and to seek their comments prior to final plan approval (where applicable):
(a) Municipal authority or Sewage Enforcement Officer (if applicable);
(b) Borough Engineer, provided prior to the next regularly scheduled Planning Commission meeting;
(c) Borough Fire Chief (layout and utility plan, if deemed appropriate by the borough staff);
(d) Maintain at least one official “file” copy of all materials submitted by the applicant; and
(e) The Borough Planning Commission, at or before the next regularly scheduled meeting of the Commission, including the following:
1. Copies of the application form;
2. One copy of the preliminary plan checklist;
3. Copies of the preliminary plan; and
4. Copies of the supportive documents.
(3) Applicant’s distribution. It is the applicant’s responsibility to:
(a) Make agreements with the appropriate utility companies;
(b) Ensure that any required PennDOT highway occupancy permit needed for vehicle access has been granted;
(c) Provide information to DEP or other agencies for any permits that might be required;
(d) Ensure that the soil erosion and sedimentation plan has been found acceptable by the County Conservation District if earth disturbance is proposed; and
(e) Provide a copy of the plan to the Joint Planning Commission for review, together with their required review fees, if required by the JPC.
(4) Filing of final plan. The filing of the final plan shall conform with the approved preliminary plan, including any official conditions.
(5) Folding of sheets. All sheets should be folded so that the title of the sheet faces out.
(D) Determination of completeness by Commission.
(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) Table the acceptance of the submission until the next Planning Commission meeting where the applicant has met all of the submittal requirements, and has filed such materials within the required 15 days prior to the meeting. The 90-day time limit for action shall not begin until such acceptance; 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) If the Commission determines that the final plan submission, as filed, departs substantially from the approved preliminary plan, the Commission may classify the submission as a revised preliminary plan (with the applicable review fees required) and process the application as such.
(E) Review by Borough Engineer.
(1) Within 45 days from the date the plans are duly submitted for review (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 with the Borough Engineer for this purpose.
(4) A copy of findings of the Borough Engineer should be sent or handed in person to the applicant or the applicant’s representative.
(F) Review by Commission. The Planning Commission shall accomplish the following within the time limitations of 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 official review agencies;
(2) Determine whether the final plan submission meets the objectives and requirements of this chapter, other ordinances and statutes;
(3) Review the final plan submission with the applicant, his or her agent, or representative (if present) and recommend any needed revisions so that the submission will conform to this chapter, other ordinances and statutes; and
(4) Recommend approval, conditional approval or disapproval of the final plan submission in a written report to the Borough Council, specifying any recommended conditions for approval. If the plan is recommended for disapproval, the action shall identify defects in the plans and requirements which have not been met, citing the provisions of the ordinance or statute relied upon.
(G) Review by Borough Council. The Borough Council shall:
(1) Review the report of the Commission;
(2) Review any reports received from any official reviewing agencies;
(3) Determine whether the final plan submission meets the objectives and requirements of this chapter, other ordinances and statutes;
(4) Approve, conditionally approve or reject the final 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 property filed; 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 received from the Joint Planning Commission or until the expiration of 30 days from the date the application was accepted to the Joint Planning Commission.
(H) Decision by Borough Council.
(1) Notice to applicant. The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him or her at his or her last known address not later than 15 days following the decision.
(2) Dedications.
(a) The approval of the final plan by the Borough Council shall not by itself constitute an acceptance of the dedication of any street or other proposed public way, space or area, unless such acceptance is specified at such time.
(b) Any such acceptance of dedication shall be specifically stated along with the signatures required for approval.
(c) As part of an improvements agreement, if the Borough Council elects to accept lands offered for dedication, the submission shall be accompanied by duly executed instruments of conveyance to the borough. Such instruments shall state that the title thereof is free and unencumbered.
(3) Disapproval. When a final plan submission is disapproved, the decision shall specify defects found in the submission, shall describe requirements which have not been met, and shall cite the provisions of the statute or ordinance relied upon in each case.
(4) Conditions. The Borough Council may attach reasonable conditions to an approval to ensure the carrying out of the comprehensive plan, this chapter, other borough ordinances and state laws and regulations.
(I) Development in stages.
(1) If requested by the applicant, the Borough Council may permit the undertaking of the required improvements and the preparation of the final plan to be completed in a series of sections or stages, each covering a portion of the proposed subdivision as shown on the preliminary plan.
(2) If the final plan is to be filed in sections or stages, each section or stage shall relate logically to provide continuity of access, extension of utilities and availability of amenities. The boundaries of phases and the timing of related improvements shall be subject to the approval of the Borough Council.
(J) 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)