This article lists the requirements for final plans for a major subdivision or any land development. See the requirements of Article VI for a project that only involves: a minor subdivision; a lot line adjustment; or minor corrections or minor revisions to a previously approved plan as specified in § 495-34.
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 in accordance with the provisions of this Article V.
(2) 
A sketch plan is strongly encouraged prior to submitting a final plan. See Article IV.
B. 
Filing and distribution:
(1) 
The applicant shall file with the Borough staff at least 25 days prior to a regular Borough Council meeting (not including workshop meetings) all of the required plans, information and fees listed in § 495-29 of this chapter.
(2) 
Retaining one official "file" copy of all materials submitted by the applicant, the Borough staff shall forward applicable plans to the following agencies to seek their comments prior to final plan approval:
(a) 
Borough Engineer, if such review is deemed necessary;
(b) 
Borough Fire Chief, the layout and utility plan, if deemed appropriate;
(c) 
The Borough Planning Commission, if one has been established; and
(d) 
Borough Council.
(3) 
Applicant's distribution: It is the applicant's responsibility to:
(a) 
Provide the plans to the appropriate utility providers and receive their approvals;
(b) 
Provide information to PennDOT that is required for any needed permit for access to or work within a state road right-of-way;
(c) 
Provide information to DEP or other agencies for any permits that might be required;
(d) 
Submit a copy of the soil erosion and sedimentation plan to the County Conservation District, if determined by the Subdivision Administrator to be appropriate; and
(e) 
Provide a copy of the plans to the County Planning Commission and pay its review fees.
C. 
Determination of completeness by Borough.
(1) 
The Subdivision Administrator shall have authority within 14 days after the submittal to determine that a submission is significantly incomplete and therefore to refuse to process the submission further and to do one or more of the following:
(a) 
Not accept the submission, indicating one or more deficiencies in writing, 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 within a certain maximum number of days.
(c) 
Table the acceptance of the submission until the next Borough Council meeting after the applicant has met all of the submittal requirements. The time limit under state law for action by the Borough shall not begin until the plan is accepted as complete.
(d) 
Recommend that the Plan be rejected by Borough Council for just cause, such as the submission being significantly incomplete.
D. 
Review by Borough Engineer:
(1) 
If directed by the Borough staff, the Borough Engineer should review the engineering considerations of the submission and prepare an initial report to the Borough and the applicant.
(2) 
The applicant and/or his/her plan preparer shall make reasonable efforts to resolve technical engineering considerations outside of and prior to Borough meetings.
E. 
Review by Commission: If a Borough Planning Commission has been established, it should accomplish the following, while allowing a sufficient number of days within the state time deadline for a decision by Borough Council.
(1) 
Review applicable reports received from official review agencies;
(2) 
Consider whether the final plan submission meets the requirements of this chapter and other applicable ordinances;
(3) 
Recommend some/all of any needed revisions needed for the submission to conform to this chapter or that would generally improve the plan; and
(4) 
Recommend approval, conditional approval or disapproval of the final plan submission in a written report to Borough Council.
F. 
Review by Borough Council: Borough Council shall:
(1) 
Review any reports of the County and Borough Planning Commissions, Borough Engineer and any reports received from any official reviewing agencies;
(2) 
Determine whether the final plan submission meets the requirements of this chapter and other applicable ordinances; and
(3) 
Approve, conditionally approve or reject the final plan submission within the time required by the Pennsylvania Municipalities Planning Code, as amended. Provided, that the Borough Council shall not approve such application until the report from the County Planning Commission is received or until the expiration of 30 days from the date the application was forwarded to the County Planning Commission.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Decision by Borough Council.
(1) 
Notice to applicant: The decision of Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him/her at his/her last known address not later than 15 days following the decision.
(2) 
Dedications:
(a) 
The approval of the final plan by 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 only occur after formal action of the Borough at such time. If Borough Council elects to accept lands offered for dedication, the applicant shall provide 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: 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.
H. 
Development in stages:
(1) 
If requested by the applicant, Borough Council may permit the undertaking of the required improvements of the final plan to be completed in a series of sections or stages.
(2) 
If final plans are to be filed in sections or stages, each section or stage shall provide sufficient access, utilities and amenities to allow the development to properly function if future stages are not built.
(3) 
The boundaries of phases and the timing of related improvements shall be subject to the approval of Borough Council.
I. 
Statement of approval: If requested by the applicant, the Borough shall furnish the applicant with a signed copy of a resolution indicating approval of the applicant's final plan contingent upon the applicant providing satisfactory financial security. The final plan will not be signed by Borough officials until satisfactory financial security is presented, when it is required. The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Borough.
A. 
All of the information and materials listed in this section are required as part of all final plans for a major subdivision or a land development. This list of requirements shall serve as both a list of requirements and as a checklist for the applicant and the Borough to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application.
B. 
The required information listed in this section may be combined or separated onto different sheets, provided that the plans will be clearly readable.[1]
[1]
Editor's Note: The Final Plan for Major Subdivision or Land Development Checklist and List of Submittal Requirements is included at the end of this chapter.
All certification shall comply with the state professional licensing laws. All subdivisions of land shall be certified and stamped by a registered land surveyor, as required by state law. At least one full sets of copies of plans provided to the Borough shall bear original signatures and original seals, which should be marked as a "Borough file copy."