[Ord. No. 2022-04, 2/15/2022]
The procedures established in this part shall apply to all subdivisions and land developments that require the approval of the Mifflinburg Borough Planning Commission.
[Ord. No. 2022-04, 2/15/2022]
1. 
Subdivisions and Land Developments are classified within this chapter and any Subdivision or Land Development must fall within one of the classifications prescribed herein. For each plan classification listed below please refer to Part 4 for plan drafting requirements/contents and to Appendix A[1] for a plan submission checklist.
A. 
Minor Subdivision. A minor subdivision is any subdivision abutting an existing public street or road, involving no more than five lots, parcels of land, or other divisions of land from the same parent tract which does not require a new street, access easements, or the installation of any other improvements.
B. 
Major Subdivision. A major subdivision is any subdivision involving six or more lots, parcels of land or other divisions of land whether or not they involve new streets, additional utilities, or other improvements or a subdivision involving five or fewer lots, parcels of land or other divisions of land that requires a new street, new access easements of the installation of any other site improvements. In effect, all subdivisions not considered minor subdivisions for plan processing purposes.
C. 
Lot Addition/Consolidation. Any subdivision creating a lot that is to be added to an existing contiguous lot of record of separate ownership and where no new building lot or land development is proposed. It is solely intended to convey a parcel of land located immediately adjacent to other property owned by the intended grantee, which is being added to the grantee's existing lot. The size of one lot will increase in an equal amount by which the size of an adjacent lot(s) will decrease. In the case of a consolidation the entire area of one or more lots is added to an adjacent lot thereby in effect eliminating one or more original lots. These plans are processed as minor subdivision plans.
D. 
Land Development. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.
[1]
Editor's Note: Said appendix is on file in the Borough offices.
2. 
The applicant should refer to the applicable sections within this part for the processing procedures that apply to the proposed activity. The applicant is also encouraged to meet with Mifflinburg Borough staff to determine which classification may be applicable to the proposed activity prior to the submission of an application.
[Ord. No. 2022-04, 2/15/2022]
1. 
The following activities, with Mifflinburg Borough staff concurrence, shall be exempted from the requirements of this chapter. Mifflinburg Borough Staff shall determine whether the exemptions cited herein shall be applicable. The decision of the Mifflinburg Borough staff may be appealed to the Mifflinburg Borough Planning Commission.
A. 
The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.
B. 
The addition of an accessory building that does not exceed 5,000 square feet or require a stormwater management plan, including farm buildings, on a lot or lots subordinate to an existing principal building.
C. 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. This shall not apply to newly acquired acreage by an amusement park until proper authorities have approved initial plans for the expanded area.
D. 
The division of land by lease for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings. Upon the request of the property owner and upon receipt of a signed statement or letter from the landowner and buyer stating that such lands to be leased shall be used solely for agricultural purposes and does/will not involve any new streets or easement of access or residential dwellings, the Commission will forward a statement of exemption to the above parties.
E. 
When the replacement of a building is necessitated due to unpreventable "acts of God" (e.g., including but not limited to fire, flood, storm damage) and meets the following conditions:
(1) 
The structure has been left essentially uninhabitable;
(2) 
Repair of the damage to the existing structure is significantly more costly than to replace;
(3) 
Replacement of the structure will result in relatively the same size (does not increase by more than 15%), dimensions, layout, and lot access approved under a previous land development application;
(4) 
The applicant can provide written confirmation from local governing officials to indicate that the proposal meets or exceeds all applicable land use controls regulated locally; and
(5) 
The applicant provides written confirmation from appropriate State officials that the proposal meets or exceeds all applicable state regulations.
[Ord. No. 2022-04, 2/15/2022]
1. 
The purpose of the pre-application conference and review is to afford an applicant opportunity to receive the advice and assistance of Mifflinburg Borough Planning Commission staff on subdivision and land development procedures, the requirements necessary to achieve conformity to the standards and provisions of this chapter, and to alert the applicant to other factors pertinent to the design and effectuation of the subdivision or land development.
2. 
Although not required, a pre-application conference and review is strongly recommended before submission of a formal plan, particularly for proposals that involve the creation of new streets or stormwater facilities, or plans for nonresidential structures.
3. 
The pre-application conference and review shall not constitute the filing of an application for approval of a plat, and all such meetings and/or review shall be considered informal. At the discretion of the applicant a proposal may be presented at a Mifflinburg Borough Planning Commission meeting for informal review and comment.
[Ord. No. 2022-04, 2/15/2022]
1. 
Plan Submission Deadlines.
A. 
Minor, Major Subdivision and Land Development Plans. Minor, major subdivision and land development plans and supporting documentation may be submitted to the Mifflinburg Borough Project Manager with a completed application form accompanied by all applicable fees at any time during normal office hours; however, plans submitted less than 14 calendar days prior to the next regularly scheduled Mifflinburg Borough Planning Commission meeting shall not be reviewed at that meeting, but will be reviewed at the succeeding meeting.
2. 
Official Plan Filing Dates.
A. 
Minor, Major Subdivision Plans and Land Development Plans. Minor, major subdivision and land development plans shall be considered officially filed at the next monthly meeting of the Mifflinburg Borough Planning Commission following the delivery of a completed application form, applicable fees, and the requisite number of plans and other supporting documents to the Mifflinburg Borough designee, once the Mifflinburg Borough designee acknowledges that the applications are complete. Should the next monthly meeting of the Mifflinburg Borough Planning Commission be more than 30 days following the delivery of the completed application to the Mifflinburg Borough designee, the date of plan receipt shall be the 30th day following the filing of the application.
3. 
Effect of Filing Date. After an application has been officially filed in accordance with Subsection 2 and while a decision is pending, no change in any zoning, subdivision, or other local governing ordinance or plan shall effect the decision on the application adversely to the applicant; and the applicant shall be entitled to a decision in accordance with the provisions of the local governing ordinances and regulations effective on the official plan filing date.
[Ord. No. 2022-04, 2/15/2022]
1. 
Sketch Plan Applications. Applicants are encouraged to submit a sketch plan during or after the pre-application conference and review in order to present the overall development concept of a particular tract before preparing and submitting a formal preliminary or final plan.
2. 
The sketch plan, like the pre-application conference and review, is not mandatory but is strongly recommended.
3. 
Presentation of a sketch plan shall not constitute the filing of an application for approval of a plat. The applicant, or its representative, may present the sketch plan at a Mifflinburg Borough Planning Commission meeting for informal review and comment.
4. 
No formal action will be taken on a sketch plan submission, but the Mifflinburg Borough staff may, after review and evaluation of the proposal, notify the applicant in writing of findings and recommendations regarding preparation of preliminary or final plans.
[Ord. No. 2022-04, 2/15/2022]
1. 
Preliminary Plan Applications. A preliminary plan may only be used for proposed improvements that include phasing of construction activities.
2. 
Application Requirements. All preliminary plan applications shall include the following:
A. 
Six paper copies of the preliminary plan in either black on white or blue on white prints. An electronic copy shall be submitted to the Mifflinburg Borough designee. Additional copies shall be submitted if the proposed site fronts on or is intended to have a street access to a state highway or is a project of regional significance. The applicant is also responsible for providing the necessary copies for sewage planning review.
B. 
Three copies of all reports, deed covenants, notifications, regulatory permit applications and reviews, and certifications which are not provided on the preliminary plan, including but not limited to traffic engineer reports, stormwater management narrative and calculations, maintenance and use agreements, and sewage percolation test results.
C. 
Applications must include one completed "Mifflinburg Borough Subdivision and Land Development Application" form with all information legible and bearing the required signatures. An application form is contained in Appendix B.[1]
[1]
Editor's Note: Said appendix is on file in the Borough offices.
D. 
Appropriate filing fee in the form of a check or money order made payable to the Mifflinburg Borough for an amount established by a fee schedule adopted by resolution of the Mifflinburg Borough Council, which is available from the Mifflinburg Borough Office.
E. 
Incomplete Applications. The Mifflinburg Borough Project Manager or the Mifflinburg Borough Project Manager's designee shall have seven days from the date an application was delivered to check the plans and accompanying documents to determine if on their face they are in proper form and contain all the information required by this chapter. If incomplete the application will be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing. Acceptance shall not constitute a waiver of any deficiencies or irregularities. An applicant may appeal a decision by the Mifflinburg Borough Project Manager to the Mifflinburg Borough Planning Commission in accordance with § 23-804, Subsection 1 of this chapter.
3. 
Distribution of Copies. Upon receipt of a completed application the Mifflinburg Borough Staff shall refer one copy of the preliminary plan and any related documentation to the following individuals and agencies, as appropriate, for their review and report.
A. 
Mifflinburg Borough Planning Commission.
B. 
Mifflinburg Borough Zoning Officer.
C. 
County Planning Commission.
D. 
Borough Engineer.
E. 
Sewage Enforcement Officer, if applicable.
4. 
Phased Development. If an applicant intends to develop land in phases, the preliminary plan application shall encompass the entire land area proposed for development and shall serve as a master plan.
5. 
Mifflinburg Borough Planning Commission Action. The Mifflinburg Borough Planning Commission shall review and render a decision to approve the preliminary plan as submitted, to approve the plan subject to conditions specified by the Mifflinburg Borough Planning Commission, or to disapprove the plan at a scheduled public meeting not later than 90 days after such application for preliminary approval was officially filed, unless the applicant and the Mifflinburg Borough Planning Commission mutually agree in writing to an extension of time or the applicant(s) voluntarily withdraws the plan from consideration.
6. 
Written Decision. The applicant shall be notified in writing of Mifflinburg Borough Planning Commission action within 15 consecutive days following the decision. Said notice will be mailed to the last known address on file at the Mifflinburg Borough Office with a copy of said notification provided as appropriate to the following:
A. 
Landowner if different from applicant.
B. 
Firm that prepared the plan.
C. 
Borough Zoning Officer.
D. 
Borough Sewage Enforcement Officer, if applicable.
E. 
Union County Planning Commission.
F. 
Union County Conservation District.
G. 
Other appropriate federal, state, county and local agencies.
7. 
Acceptance of Conditions. If an application for a preliminary plan is approved subject to conditions, such conditions shall be specified by the Mifflinburg Borough Planning Commission and shall be accepted by the applicant in writing within 15 days after the written decision of the Mifflinburg Borough Planning Commission was mailed or delivered to the applicant or the approval shall be automatically rescinded.
8. 
Approval Pending Receipt of Additional Information. When a preliminary plan is conditionally approved the applicant shall submit revised plans and necessary documents to the Mifflinburg Borough Planning Commission for approval by the staff within 45 days of acceptance of the conditions. Failure to meet the conditions of plan approval within 45 days shall constitute an automatic disapproval of the plan unless the Mifflinburg Borough Planning Commission and the applicant mutually agree upon a time extension. For plans conditionally approved, the date of official plan approval shall be the date on which all conditions are met.
9. 
Specified Defects. If an application for a preliminary plan is disapproved as filed, the decision shall specify the defects found in the application and shall identify the requirements that have not been met; citing the provisions of the statute or ordinance relied upon.
10. 
Deemed Approval. Failure of the Mifflinburg Borough Planning Commission to render a decision and communicate it to the applicant in the manner prescribed herein shall be deemed approval of the application as presented.
11. 
Preliminary Plan Certification. After receipt of preliminary plan approval and compliance with all conditions of approval, the Mifflinburg Borough Planning Commission will execute the plan approval certification with one copy being retained by the Borough of Mifflinburg and one copy for the applicant.
12. 
Effect of Preliminary Approval.
A. 
Approval of the preliminary plan application by the Mifflinburg Borough Planning Commission shall constitute approval of the proposed subdivision and/or land development in regard to general design, character and intensity of development, general arrangement of streets, lots, structures, and other planned facilities, but shall not constitute final plan approval.
B. 
A preliminary plan shall not be accepted for recording in the office of the Union County Recorder of Deeds.
C. 
Preliminary plan approval will be effective for a five-year period from the date of the Mifflinburg Borough Planning Commission's approval of the preliminary plan application; thereafter final plan application(s) for the entire project shall be made within five years of preliminary plan approval unless the Mifflinburg Borough Planning Commission grants a waiver by extending the effective time period of the approval.
D. 
After receipt of preliminary plan approval, the applicant must obtain approval of a final plan, in accordance with § 23-307, for a phase of the approved preliminary plan before proceeding with the construction of the improvements that are part of the phase. The applicant shall indicate the intent to construct improvements in writing to the Mifflinburg Borough Planning Commission prior to the start of construction.
E. 
Preliminary plan approval shall not authorize the sale of lots or occupancy of proposed buildings shown on the plan regardless of whether or not proposed improvements have been installed.
[Ord. No. 2022-04, 2/15/2022]
1. 
Final Plan Applications. An application for final plan review and approval may be submitted when the following conditions have been met:
A. 
The applicant has unconditional preliminary plan approval from the Mifflinburg Borough Planning Commission.
B. 
The application is not required to be preceded by a preliminary plan in accordance with § 23-306 of this chapter.
C. 
The improvements required by this chapter have been completed and acknowledged by the Mifflinburg Borough Planning Commission as having been completed correctly as shown on the preliminary plan when said improvements are not assured by a type of guarantee as provided in Part 7 of this chapter.
2. 
Application Requirements. All final plan applications shall include the following:
A. 
Six copies of the final plan in either black on white or blue on white prints. Additional copies shall be submitted if the proposed site fronts on or is intended to have a street access to a state highway or is a project of regional significance. The applicant is also responsible for providing the necessary copies for sewage planning review.
B. 
Three copies of all reports, deed covenants, notifications, regulatory permit applications and reviews, and certifications which are not provided on the final plan, including but not limited to, traffic engineer reports, stormwater management narrative and calculations, improvements guaranty, maintenance and use agreements, and sewage percolation test results.
C. 
Applications must include one completed "Mifflinburg Borough Subdivision and Land Development Application" form with all information legible and bearing the required signatures.
D. 
Appropriate filing fee in the form of a check or money order made payable to the Mifflinburg Borough for an amount established by a fee schedule adopted by resolution of the Mifflinburg Borough, which is available from the Mifflinburg Borough office.
E. 
Incomplete Applications. The Mifflinburg Borough Project Manager or the Mifflinburg Project Manager's designee shall have seven days from the date an application was delivered to check the plans and accompanying documents to determine if on their face they are in proper form and contain all the information required by this chapter. If incomplete the application will be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing. Acceptance shall not constitute a waiver of any deficiencies or irregularities. An applicant may appeal a decision by the Mifflinburg Project Manager to the Mifflinburg Borough Planning Commission in accordance with § 23-804, Subsection 1 of this chapter.
F. 
Conformance with Preliminary Plan. Final plans shall conform in all-important respects with the approved preliminary plan; otherwise the plan submitted shall be considered as a revised preliminary plan.
G. 
Improvements. No final plan shall be approved unless the applicant has satisfactorily installed all improvements required by this chapter or has alternatively filed with the Mifflinburg Borough an adequate financial guarantee in accordance with Part 7 of this chapter to insure proper installation and construction of said improvements.
3. 
Distribution of Copies. Upon receipt of a completed application the Mifflinburg Borough Planning Commission Staff shall refer one copy of the final plan and any related documentation to the following individuals and agencies, as appropriate, for their review and report.
A. 
Mifflinburg Borough Planning Commission.
B. 
Mifflinburg Borough Zoning Officer.
C. 
County Planning Commission.
D. 
Borough Engineer.
E. 
Sewage Enforcement Officer, if applicable.
4. 
Phased Development. The final plan may be submitted in phases as long as the following conditions are met:
A. 
Each phase shall cover a reasonable portion of the entire proposed subdivision or land development as shown on the approved preliminary plan.
B. 
Each phase, except for the last section, shall contain a minimum of 25% of the total number of units of occupancy as depicted on the approved preliminary plan unless the Mifflinburg Borough Planning Commission approves a lesser percentage for one of the phases.
C. 
A schedule shall be submitted indicating the intended submission of final plans for remaining phases.
D. 
Final plan approval for all phases shall be within five years of preliminary plan approval.
5. 
Mifflinburg Borough Planning Commission Action. The Mifflinburg Borough Planning Commission shall review and render a decision to approve the final plan as submitted, to approve the plan subject to conditions specified by the Mifflinburg Borough Planning Commission, or to disapprove the plan at a scheduled public meeting not later than 90 days after such application for final plan approval was officially filed or after order of the court remanding an application, unless the applicant and the Mifflinburg Borough Planning Commission mutually agree in writing to an extension of time or the applicant(s) voluntarily withdraws the plan from consideration.
6. 
Written Decision. The applicant shall be notified in writing of Mifflinburg Borough Planning Commission action within 15 calendar days following the decision. Said notice will be mailed to the last known address on file at the Mifflinburg Borough Planning Department Office with a copy of said notification provided as appropriate to the following:
A. 
Landowner if different from applicant.
B. 
Firm that prepared the plan.
C. 
Borough Zoning Officer.
D. 
Borough Sewage Enforcement Officer, if applicable.
E. 
Union County Planning Commission.
F. 
Union County Conservation District.
G. 
Other appropriate federal, state, county and local agencies.
7. 
Acceptance of Conditions. If an application for a final plan is approved subject to conditions such conditions shall be specified by the Mifflinburg Borough Planning Commission and shall be accepted by the applicant in writing within 15 days after the written decision of the Mifflinburg Borough Planning Commission was mailed or delivered to the applicant, or the approval shall be automatically rescinded.
8. 
Approval Pending Receipt of Additional Information. When a final plan is conditionally approved the applicant shall submit revised plans and necessary documents to the Mifflinburg Borough Planning Commission for approval by the staff within 45 days of acceptance of the conditions. Failure to meet the conditions of plan approval within 45 days shall constitute an automatic disapproval of the plan, unless the Mifflinburg Borough Planning Commission and the applicant mutually agree upon a time extension. For plans conditionally approved, the date of official plan approval shall be the date on which all conditions are met.
9. 
Specified Defects. If an application for a final plan is disapproved as filed, the decision shall specify the defects found in the application and shall identify the requirements that have not been met; citing the provisions of the statute or ordinance relied upon.
10. 
Deemed Approval. Failure of the Mifflinburg Borough Planning Commission to render a decision and communicate it to the applicant in the manner prescribed herein shall be deemed approval of the application as presented.
11. 
Final Plan Certification. After receipt of final plan approval and compliance with all conditions of approval, the Mifflinburg Borough Planning Commission will execute the plan approval certification with one copy being retained by the Borough of Mifflinburg. No final plan shall be recorded with the Office of the Union County Recorder of Deeds without bearing an original signature of the Planning Commission Chairperson denoting approval of the plan.
12. 
Recording. Approval of the final plan application by the Mifflinburg Borough Planning Commission shall entitle the applicant to record the plan in the Office of the Union County Recorder of Deeds once necessary approval signatures and certificates are executed. All final plans approved by the Mifflinburg Borough Planning Commission shall be recorded by the applicant in the Office of the Union County Recorder of Deeds within 90 days of the Mifflinburg Borough Planning Commission approval date noted on the plan. Failure of the applicant to record the plan within this time shall render the plan null and void unless a time extension is requested by the applicant in writing and is granted by the Mifflinburg Borough Planning Commission in writing prior to the expiration date. Under no circumstances shall a plan be recorded as an attachment to or an exhibit of the instrument of conveyance.
13. 
Sale of Lots. The sale of lots and/or construction and occupancy of proposed buildings in a subdivision or land development shall not commence until the approved Final Plan is filed and recorded with the Union County Recorder of Deeds Office. The Mifflinburg Borough Planning Commission may seek preventive remedies, injunction or enforcement action in accordance with Part 8, §§ 23-809, 23-810 and 23-811 of this chapter if lots are sold or occupancy of buildings occurs prior to Final Plan approval.
14. 
Effect of Ordinance Changes on Approval. When an application has been granted final plan approval, no change in this chapter or in any applicable municipal ordinance shall affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years. Where final plan approval is preceded by preliminary plan approval, the five-year period shall be counted from the date of preliminary plan approval.
[Ord. No. 2022-04, 2/15/2022]
1. 
The Borough Engineer and/or other consultant experienced in a particular discipline shall review any application that involves engineering or other specialized considerations, and any comments received from said engineer and/or other consultants shall be considered a part of the application review and incorporated therein. Costs of such review by the Borough Engineer and/or other consultants shall be borne by the applicant.
2. 
Where a conflict of interest arises due to an application being filed by the Borough Engineer or other consultant or their office, the Mifflinburg Borough Planning Commission shall appoint an independent engineer or consultant to review said application.
[Ord. No. 2022-04, 2/15/2022]
The Mifflinburg Borough Planning Commission and staff representatives may visit any site proposed for subdivision and/or land development before any action is taken to approve or disapprove a plan in order to evaluate a plan application on the basis of the information presented.