(A) Final plan submission required. A final plan submission for each minor subdivision or lot line adjustment must be filed by the applicant and reviewed in accordance with the provisions of this subchapter. A preliminary plan is not required for a minor subdivision or lot line adjustment.
(B) Required submission.
(1) The applicant shall file to the staff at least 21 days prior to a regularly scheduled Planning Commission meeting the required fee(s) and required number of copies of required plans and materials required by § 154.107.
(2) If a state road is involved, the applicant is also required to forward plans to the PennDOT and obtain permits prior to final subdivision approval, unless it is made a condition of final approval.
(b) All sheets should be folded to approximately nine inches by 12 inches in size in such a manner that the title of the sheet faces out.
(C) Initial actions by the staff.
(1) The staff or Borough Engineer shall review the submission items filed against a checklist for completeness and shall report such review to the Commission at its next regularly scheduled meeting.
(2) The staff shall retain in the Commission’s files one copy of all materials submitted by the applicant.
(3) The staff shall forward to the Commission at or before the next regularly scheduled meeting of the Commission:
(a) Two copies of the application form;
(b) One copy of the final plan checklist;
(c) Copies of the final plan; and
(d) Copies of the supportive documents.
(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 meet 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 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) 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.
(E) Review by Borough Engineer.
(1) Within 45 days from the date duly submitted the plan for review (unless granted an extension by the Commission), the Borough Engineer should review the engineering considerations in the 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.
(F) 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):
(1) Review all applicable reports received from the appropriate review agencies and officers;
(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 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 an advisory report to the Borough Council, specifying any recommended conditions for approval, identifying defects found by the application, describing 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 and any reports received from any other official reviewing agencies;
(2) Determine whether the final plan submission meets the objectives and requirements of this chapter, other ordinances and statutes;
(3) 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 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 duly 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
(4) Joint Planning Commission review: 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.
(H) Decision by Borough Council.
(1) The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him or her or his or her representative at the last known address not later than 15 days following the decision.
(2) (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 specifically made at such time.
(b) Any such acceptance of dedication shall be specifically stated along with the signatures required for approval.
(c) 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) If 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.
(Ord. passed 2-3-1992)