The following procedures shall be observed by
all subdividers.
A.
Required plans. Preliminary and final plans and required
fees and supporting data for all proposed subdivisions and land developments
of land lying within the borough limits shall be submitted by the
applicant to the Commission for review. In addition, the applicant
may prepare a sketch plan for informal discussion with the Commission
prior to submitting the official Preliminary Plan for review. This
plan shall be for the purpose of establishing in advance, if possible,
the extent to which the proposed subdivision or land development conforms
with the design standards of this chapter.
B.
County and other agency reviews. Copies of all plans
submitted to the Commission shall be forwarded to the County Planning
Commission and to other appropriate agencies, upon their receipt,
for review and advice by these agencies within a period of 30 days.
C.
Consideration of plans. Subdivision and land development
plans and supporting data submitted to the Planning Commission shall
be considered at the Commission's next regularly scheduled meeting,
provided that they are received at least 10 calendar days in advance
of said meeting.
D.
Notification of applicant. The Commission shall notify
the applicant, personally or in writing, not later than seven days
after any action has been taken by the Commission on the submitted
plan, but in no case exceeding 90 days after the date when the plan
was filed by the applicant.
E.
Public hearing. Before acting on any preliminary or
final plan, the borough governing body may hold a public hearing hereon
after public notice.
F.
Preliminary plan. Except for any sketch plan which is submitted, the initial plan filed with the Commission for review shall be considered the official preliminary plan. Said preliminary plan shall be reviewed to determine compliance with these regulations, and said plan shall be recommended to the borough governing body for approval, for approval with conditions, for rejection or for disapproval; and the borough governing body and the applicant shall be notified accordingly. However, the Commission may proceed to final action at the first consideration of a plan for a small subdivision containing no new streets, in accordance with the procedure set forth in § 196-12.
G.
Final plan. After approval of the preliminary plan,
the final plan for the entire subdivision or land development or a
final plan for a section or stage of development, which has been prepared
in accordance with the approved preliminary plan, shall be submitted
by the applicant to the Commission. Said final plan shall be reviewed
to determine compliance with these regulations, and said plan shall
be recommended for approval, for approval with conditions, for rejection
or for disapproval; and the applicant shall be notified accordingly.
Final approval shall not be considered complete and shall not be effective
until said final plan has also been approved by the borough governing
body.
H.
Recording of final plan. After the effective date
of final plan approval, the subdivider shall record such plan, within
a period of 90 days, in the office of the County Recorder of Deeds.
Fees to defray the cost of subdivision and/or
land development plan reviews shall be paid to the borough in accordance
with the standard fee schedule which shall be established by a resolution
of the borough governing body. A receipt shall be issued by the Administrator
at the time of the collection of any fee, and the date of the receipt
shall also be the effective date of the filing of the application.
Sketch plans are not required by this chapter,
but it is recommended that the applicant submit such a plan in order
to establish, at an early stage in the planning of the subdivision
or land development, the basic conditions required for the approval
of a preliminary plan and a final plan.
A.
Preliminary plan.
(1)
Preliminary plans and supporting data shall comply with the provisions of Article V of this chapter.
(2)
Twelve copies of the preliminary plan shall be submitted
by the applicant to the Administrator who shall act as the official
representative of the borough. Additional copies may be requested
if required for submittal or reference to other appropriate agencies.
(3)
Distribution of copies.
(a)
The Administrator shall transmit copies of the
preliminary plan and supporting data to the following:
(b)
The other appropriate agencies referred to above
shall be determined by the Commission, and they may include the Pennsylvania
Department of Environmental Resources, the Pennsylvania Department
of Transportation, the County Conservation District and/or the United
States Soil Conservation Service and other agencies affected by or
having an interest in the plan.
(4)
The preliminary plan shall be reviewed by the Commission
and official action shall be taken after receipt of comments and advice,
if any, from the County Planning Commission and from any other appropriate
agency. Such action shall include recommendation for approval of the
preliminary plan as submitted; approval or request for revisions,
subject to changes, conditions or modifications imposed by the Commission;
or recommendation for rejection or disapproval of the plan.
(5)
Within 10 days after the meeting at which the above
plan is reviewed, the Commission shall notify the borough governing
body, in writing, of its recommendation for approval or disapproval.
Reasons for disapproval shall be explicitly stated. A copy of the
aforesaid notification shall be sent to the applicant.
(6)
Upon receipt of a recommendation from the Commission,
the borough governing body may arrange for a public hearing, after
giving proper public notice, or may take final action on the plan
at a regularly scheduled meeting. Disapproval of the final plan by
the borough governing body shall be by resolution, giving the reasons
for such disapproval therein. Failure of the borough governing body
to take final action on the plan within 40 days of receipt from the
Commission shall constitute approval of the preliminary plan.
(7)
Approval of the preliminary plan, subject to conditions,
revisions and modifications as stipulated by the Commission and borough
governing body, shall constitute conditional approval of the subdivision
or land development as to the character and intensity of the development
and the general layout and appropriate dimensions of streets, lots
and other proposed features; and such approval shall entitle the applicant
to consideration for final approval and to the completion of the subdivision
or land development within a period of three years from the date of
such preliminary approval.
B.
Final plan.
(1)
A final plan, with supporting data, shall be submitted
within one year after Commission action on the preliminary plan, provided
that an extension of time may be granted by the Commission upon written
request. Otherwise, the plan submitted may be considered as a new
preliminary plan.
(2)
The final plan shall conform in all important respects
to the preliminary plan as previously reviewed by the Commission and
shall incorporate all modifications and revisions specified by the
Commission in its conditional approval of the preliminary plan. The
commission may accept a final plan which has been modified to reflect
changing conditions since the time of preliminary plan review. Otherwise,
the plan shall be considered as a revised preliminary plan.
(3)
The Commission may permit submission of the final
plan in sections or stages, each covering a portion of the entire
proposed subdivision as shown on the preliminary plan. The Commission
may require that any section or stage not completed within three years
from the date of preliminary plan approval may require a new preliminary
plan submission to reflect changing conditions or legal requirements
which may affect the subdivision or land development.
(5)
Eleven copies of the final plan, with supporting data,
shall be submitted to the Administrator. The Administrator shall transmit
copies of the plan to the following:
(6)
Within 10 days after the meeting at which the final
plan is reviewed, the Commission shall notify the borough governing
body, in writing, of its recommendation for approval or disapproval.
Reasons for disapproval shall be explicitly stated. A copy of the
aforesaid notification shall be sent to the applicant.
(7)
Upon receipt of the final plan from the Commission,
the borough governing body may arrange for a public hearing, after
giving proper public notice, or may take final action on the plan
at a legally scheduled meeting. Disapproval of the final plan by the
borough governing body shall be by resolution, giving the reasons
therefor. Failure of the borough governing body to take final action
on the plan within 40 days of receipt of the plan from the commission
shall constitute approval of the plan, provided that all final action
on the plan shall not exceed 90 days after the date that the final
plan, together with all required supporting data, is filed with the
Administrator.
(8)
When the borough governing body has approved the final
plan, the Administrator and the Commission Chairman shall endorse
two copies of the final plan to that effect. One copy of the endorsed
final plan shall be kept in the Commission files and the other shall
be returned to the applicant. Additional copies may be endorsed to
meet the needs of the applicant and other agencies.
The applicant shall record the final plan in
the office of the County Recorder of Deeds within 90 days after the
date of approval by the borough governing body. The copy of the final
plan filed for recording shall be known as the "record plan." It shall
be a clear and legible white print in the form required by the County
Recorder of Deeds, bearing the approval of the Commission and the
borough governing body and the endorsement of the County Planning
Commission. Failure to record the final plan, as required herein,
shall render all approvals null and void.
A simplified procedure for the submission and
approval of subdivision and land development plans may be utilized
when the following conditions exist:
A.
Subdivisions of three lots or less. Any subdivision
of three lots or less shall not require the review and approval of
the borough governing body if all municipal improvements within and/or
abutting these lots are already in existence and if such lots comply
with the Borough Zoning Ordinance.[1] Applications for such subdivisions shall be subject only
to the review and approval of the Commission.
B.
Other small subdivisions and land developments. The subdivider of a small subdivision and land development, less than three acres in size and not involving the provision of any new streets, easements for access or other public improvements, may elect to omit the preliminary plan application review set forth above. In such a case the applicant may submit the final plan application, which shall be processed in accordance with the requirements of § 196-10. Said final plan application, if it does not require any alteration or modification, may be approved by the Commission and the borough governing body. However, in the event that a modification or condition for approval is required, as determined by the Commission, then the plan shall be considered to be a preliminary plan, and a new final plan application incorporating the required conditions or modifications shall be submitted.
