This article provides simplified procedures for submitting and reviewing minor subdivisions and lot line adjustments.
The following submission and review process shall apply for minor subdivisions, lot line adjustments, annexations and what the Borough determines to be minor revisions of previously approved plans.
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 Article VI.
B. 
Required submissions:
(1) 
The applicant shall file to the staff at least 25 days prior to a regularly scheduled Borough Council meeting the required fee(s) and required number of copies of required plans and materials (see § 495-33).
(2) 
If a state road is involved, the applicant shall forward the required information to PennDOT and apply for a highway occupancy permit. If such permit is not granted prior to final plan approval, then it shall automatically be a condition of final plan approval, and the plans shall not be recorded until it is granted.
(3) 
Each final plan filed for minor subdivisions shall provide the information required by § 495-33. Plans for lot line adjustments and minor revisions to previously approved plans shall provide the information required by § 495-34.
(4) 
The applicant shall provide a copy of the plans for review to the County Planning Commission. A soil erosion and sedimentation control plan may be required to be provided to the County Conservation District.
C. 
Initial actions by the staff:
(1) 
The staff shall review the submission items filed against a checklist for completeness. If the submittal is determined to be significantly incomplete, the Subdivision Administrator shall have authority to refuse to process 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;
(c) 
Table the acceptance of the submission until the next Borough Council meeting, where the applicant has met all of the submittal requirements and has filed such materials within the required time period prior to the meeting. The state time limit for action shall not begin until such acceptance; or
(d) 
Recommend that the plan be rejected by Borough Council for just cause.
(2) 
The staff shall retain in the Borough's files one copy of all materials submitted by the applicant.
(3) 
The staff shall forward copies of the submittal to any Borough Planning Commission that has been established and to Borough Council.
(4) 
Zoning variances: The Borough may determine that an application under the Subdivision and Land Development Ordinance 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: The Borough may direct the Borough Engineer to complete a review of the submittal. If such review is authorized, the applicant shall be responsible to pay the costs of such review. Such review shall be provided in writing to the Borough and the applicant.
E. 
Review by Commission: If a Borough Planning Commission exists, it may review the submittal and provide recommendations in writing to Borough Council, provided it allows sufficient time for action by Borough Council within the time limits of the Pennsylvania Municipalities Planning Code.
F. 
Review by Borough Council: 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 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
County Planning Commission review: No subdivision or land development shall be granted final approval until a report is received from the County Planning Commission or until the expiration of 30 days from the date the application was forwarded to the County Planning Commission.
G. 
Decision by Borough Council:
(1) 
The decision of Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him/her at the last known address not later than 15 days following the decision.
(2) 
Effect of approval on dedications of land:
(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 specifically made at such time.
(b) 
Any such acceptance of dedication shall be specifically stated along with the signatures required for approval.
(c) 
If 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.
All of the following information and materials listed in this section are required as part of all minor subdivision submissions, other than lot line adjustments or submittals under § 495-34. 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.
Editor's Note: The Minor Subdivision Final Plan Checklist and List of Submittal Requirements is included at the end of this chapter.
A. 
The reduced submission requirements listed in this section shall apply, together with the procedural requirements of § 495-32, if either of the following apply:
(1) 
The proposal will meet the definition of a lot line adjustment; and/or
(2) 
In the determination of the Subdivision Administrator, which may be based upon the advice of the Borough Engineer, the proposal will involve revisions to a previously approved plan and those revisions only involve changes in the supporting documentation or engineering details or are to correct erroneous data or minor omissions concerning a plan previously granted final plan approval.
B. 
The list of requirements on the following page 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. The required information listed in this section may be combined or separated onto different sheets, provided that the plans will be clearly readable.
Editor's Note: The Lot Line Adjustments and Annexations and Minor Revisions of Approved Plans Checklist and List of Submittal Requirements is included at the end of this chapter.
C. 
Additional information: The Subdivision Administrator may require that a plan under this section include the submission of specific additional information that would be required if the plan would be a final minor subdivision plan, if such specific information is necessary to determine compliance with this chapter.
D. 
An annexation under this section shall be made part of the same lot with the same deed.
See § 495-30.
See Article VIII.