A. 
The procedures set forth in Article III of this chapter shall be followed for all subdivision and/or land development plans.
B. 
The Borough Engineer, Borough Solicitor, Borough Zoning Officer/Building Code Official, the DCPC, and various staff, boards or advisory committees created or appointed by Borough Council are advisory to Borough Council in connection with the review of subdivision and/or land development plans.
C. 
Plans and supporting information will be provided to such Borough staff, boards, committees, agencies and officials, including the Shade Tree Commission, but may also be provided to the school district, adjacent municipalities, or other entities as are deemed appropriate by the Borough Manager or his designee or Borough Council based upon the nature of the plans.
D. 
The preapplication review specified in Article III of this chapter relating to preapplication review procedure is voluntary. Applicants are urged, but not required, to discuss possible development sites and plans with the Borough Council and staff while the project is at an early stage.
E. 
Two mandatory plan processing procedures (preliminary plan and final plan) are provided in this Article III. The magnitude of the project dictates the applicability of each mandatory plan processing procedure. The procedures are sequential. Successful completion of a procedure must be obtained prior to submission under the next procedure. A preliminary plan application is required for all subdivision and land developments meeting the requirements set forth in Article III of this chapter relating to preliminary plan applications.
F. 
The preliminary plan contains detailed design data. Approval of the preliminary plan entitles the applicant to submit final plans in accordance with the terms of the preliminary plan.
G. 
The final plan contains detailed design data and guarantees the construction of certain improvements. Approval of the final plan concludes with the recording of the plan which authorizes the construction of public/private improvements and the selling of land unless Borough Council specifically authorizes and approves the construction of certain specified improvements prior to the recording of the final plan.
H. 
This Article III of this chapter relating to waiver and/or modification request also includes waiver and/or modification request procedures which allow Borough Council to waive and/or modify provisions of this chapter as they apply to a specific project.
A. 
Applicants are urged, but not required, to discuss possible development sites and plans with the Borough Council, Borough staff and officials (e.g., Borough Manager or his designee, Borough Zoning Officer/Building Code Official, Borough Engineer, etc.) prior to submission of the preliminary or final plans. The purpose of the preapplication meeting is to afford the applicant an opportunity to receive the comments and recommendations from various Borough officials and staff while the project is at an early stage. Request for a preapplication review shall not constitute formal filing of a plan.
B. 
To exercise this option, a request for a preapplication review shall be submitted to the Borough Zoning Officer/Building Code Official or his designee at the Borough office at least 21 days prior to the Borough Council meeting in order to be placed on the agenda. The request shall include one application form (see Appendix No. 6).[1] To aid in the effectiveness of the preapplication review, it is recommended that the application include at least 11 paper copies and one computer-readable digital file copy, in the form specified by the Borough, of the concept plan.
[1]
Editor's Note: The Appendixes are attached to this chapter.
C. 
Individuals are permitted to discuss proposals at a Borough Council meeting without the submission of an application or the benefit of a plan; however, the Borough Council's ability to assist the applicant will be greatly limited.
A. 
A preliminary plan application is required for the following:
(1) 
Subdivision of residential land into five or more lots; or
(2) 
Subdivision of commercial or industrial land into new lots; or
(3) 
Land development with more than 10 parking spaces; or
(4) 
Subdivision or land development which includes construction of streets, alleys, stormwater facilities or other public facilities.
B. 
Preliminary plans shall be submitted to the Borough Zoning Officer/Building Code Official or his designee at the Borough office on any business day during regular business hours. However, preliminary plans must be submitted at least 21 days prior to the Borough Council meeting in order to be placed on the agenda.
C. 
The application record shall be closed 21 days before the Borough Council meeting at which the preliminary plan will be considered to allow time to examine and study the preliminary plan and all appropriate supporting documentation. The Borough will not accept changes or amendments to the application after this date, unless the applicant shall apply for a rescheduling of the meeting at which the preliminary plan will be considered before the Borough Council and makes suitable provision for an extension of the review time.
D. 
Preliminary plan application requirements. All preliminary plan applications shall include the following:
(1) 
A minimum of six full-size paper copies of the preliminary plan and five copies of all reports, notifications and certifications which are specified in Article IV of this chapter relating to preliminary plans. Additional copies of the preliminary plan and reports may be required by the Borough.
(2) 
A minimum of seven paper copies, at a reduced scale to fit on an eleven-inch by seventeen-inch sheet of paper, of the preliminary plan, which identifies at least the horizontal location of the proposed streets, parking, buildings, lot layout, stormwater facilities, water supply, sanitary sewage disposal and other planned improvements, along with an executive summary for each required report. These plans and reports may be part of the data which makes up the full preliminary plan.
(3) 
One application form (see Appendix No. 6[1]) and 12 copies of the application form.
[1]
Editor's Note: The Appendixes are attached to this chapter.
(4) 
Filing fee as set by resolution of the Borough Council, and the filing fee set forth by the DCPC for review of the preliminary plan.
(5) 
One DCPC's application for plan review.
(6) 
The applicant shall also submit a sewage facilities plan revision (plan revision module for land development) or supplement, when required by the Pennsylvania Sewage Facilities Act, Act No. 537 of 1966,[2] as amended, in conjunction with the preliminary plan to avoid unnecessary delays in attaining revision or supplement approval prior to the final plan stage.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
(7) 
The applicant shall also submit on five CDs, DVDs or other form specified by the Borough, with each including one computer-readable digital file copy in the form specified by the Borough of the complete preliminary plan set (all sheets) and one computer-readable digital file copy, in the form specified by the Borough, of each report, notification and certification, or in another computer-readable file form specified by the Borough.
E. 
Completeness review. The Borough Zoning Officer/Building Code Official or his designee shall have seven days from the date of submission of an application to check the preliminary plans and documents to determine if they are in proper form and contain all information required by this chapter. If defective, the application may be returned to the applicant, along with a statement of rejection, within the seven-day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver and/or modification of any deficiencies or irregularities. The applicant may appeal a decision by the Borough Zoning Officer/Building Code Official or his designee under this section to the Borough Council.
F. 
Distribution. The Borough Zoning Officer/Building Code Official or his designee shall distribute the preliminary plan to the Borough Engineer, Borough Council, the DCPC and, if deemed necessary or appropriate, as provided in Article III of this chapter relating to general information on plan processing procedures, to other Borough staff, boards, committees, agencies and officials (e.g., adjacent municipalities, fire department, school district, PennDOT, USDA-NRCS).
(1) 
The Borough Zoning Officer/Building Code Official or his designee will sign the DCPC's application for plan review.
G. 
Reviewing entities. The preliminary plan shall be reviewed by the Borough Engineer, Borough Zoning Officer/Building Code Official, the DCPC and, if deemed necessary or appropriate by the Borough Manager or his designee or Borough Council, based upon the nature of the preliminary plan, and other Borough staff, boards, committees, agencies and officials. These reviewers will report their findings to the Borough Council.
(1) 
The DCPC shall have 30 days from the date the application was forwarded to it to transmit its comments on the preliminary plan.
H. 
The preliminary plan will be placed on the Borough Council agenda for a meeting which is at least 21 days following submission. Attendance at the Borough Council meeting by the applicant or authorized agent is strongly encouraged to:
(1) 
Display a plan which identifies at least the horizontal location of the proposed streets, parking, buildings, lot layout, stormwater facilities, water supply, sanitary sewage disposal and other planned features, as well as all existing buildings and infrastructure.
(2) 
Verbally describe the property location and planned features in a brief presentation.
(3) 
Establish the acceptance or rejection of any recommendation of the Borough Engineer, Borough Solicitor, Borough Zoning Officer/Building Code Official, the DCPC or other official.
I. 
All preliminary plan reviews shall be based upon provisions of this chapter as well as other applicable ordinances, regulations, rules and plans. All comments shall cite the provision of the ordinances relied upon or be specifically designated as well as other applicable ordinances, regulations, rules and plans. All comments shall cite the provisions of the ordinances, regulations, rules and plans relied upon or be specifically designated as suggestions.
J. 
Revisions to previously submitted preliminary plans. Should the applicant elect to revise the preliminary plan in accordance with the recommendations of the Borough Council, Borough Engineer, Borough Solicitor, Borough Zoning Officer/Building Code Official, the DCPC or other official prior to the next meeting after the initial meeting of the Borough Council, six full-size paper copies, seven eleven-inch by seventeen-inch paper copies, five CDs, DVDs or other form specified by the Borough, with each including one computer-readable digital file copy in the form specified by the Borough of the revised preliminary plan set and data, and brief written descriptive narrative of the responses to and revisions made on the preliminary plan based on the reviews and comments of the Borough Council, Borough Engineer, Borough Solicitor, Borough Zoning Officer/Building Code Official, the DCPC or other official, shall be submitted to the Borough Zoning Officer/Building Code Official or designee at the Borough office on any business day at least 14 days prior to the next Borough Council meeting in order to be placed on the agenda. Revised preliminary plans will be distributed and reviewed in accordance with the distribution and review procedures set forth in this section above.
K. 
The applicant will be advised of the scheduled meeting for consideration of the preliminary plan by the Borough Zoning Officer/Building Code Official or his designee. Attendance at the Borough Council meeting by the applicant or authorized agent is strongly encouraged. The applicant or authorized agent must be prepared to:
(1) 
Display a plan which identifies at least the horizontal location of the proposed streets, parking, buildings, lot layout, stormwater facilities, water supply, sanitary sewage disposal and other planned features, as well as all existing buildings and infrastructure;
(2) 
Verbally describe the property location and planned features in a brief presentation;
(3) 
Establish the acceptance or rejection of any recommendation of the Borough Engineer, Borough Solicitor, Borough Zoning Officer/Building Code Official, the DCPC or other official; and
(4) 
Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered in the minutes of the Borough Council. The acceptance of conditions will also be acknowledged in writing (see Appendix No. 8).[3] If there is no acceptance of conditions of approval, the preliminary plan will be disapproved.
[3]
Editor's Note: The Appendixes are attached to this chapter.
L. 
Ruling on the preliminary plan.
(1) 
The Borough Council shall approve, conditionally approve, or disapprove the preliminary plan no later than the greater of the period of time required by the most recent version of the MPC or 90 days following the date of the regular meeting of the Borough Council next following the date the application was filed; provided, however, should said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the date the application was filed. Borough Council shall provide the applicant with written notice of its decision within 15 days thereafter. Should the applicant grant an extension of time within which Borough Council may act upon the preliminary plan and/or render a written decision, Borough Council shall act in accordance with the limits of such extension of time.
(2) 
The ruling of the Borough Council shall be in the form of a written notice. The written notice shall cite the conditions of approval, if any, and/or any preliminary plan defects, citing specific sections of this chapter, any applicable statute, or applicable Borough ordinance. The written notice shall be presented to the applicant personally or mailed to him at his last known address not later than 15 days following the decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the plan.
(3) 
In the event that any waiver and/or modification of requirements from this chapter is deemed necessary by the Borough Council, action on the waiver and/or modification shall be entered in the minutes of the Borough Council.
(4) 
When the preliminary plan is not approved in terms as presented to the Borough Council, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter as well as other applicable ordinances, regulations, rules and plans.
M. 
Compliance with conditions of approval.
(1) 
If the Borough Council conditions its preliminary plan approval upon receipt of additional information, alterations, changes or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Borough Zoning Officer/Building Code Official or his designee. The applicant shall include a brief written descriptive narrative on the submitted revised plan and data. The conditions of approval must be satisfied to obtain preliminary plan approval.
(2) 
Compliance with the conditions of preliminary plan approval must be attained within one year of the Borough Council's ruling on the preliminary plan unless an extension of time is requested in writing by the applicant within such one-year period and is granted by Borough Council. Failure to comply with the conditions of approval within the above time limitation shall make the approval of the preliminary plan null and void. The Borough has no responsibility to inform the applicant of the termination or the pending termination of the preliminary plan approval.
(3) 
At the option of the applicant, and upon receipt of an unconditional preliminary plan approval, a preliminary plan may be presented to the Borough for signature. (See Appendix No. 4.)[4]
[4]
Editor's Note: The Appendixes are attached to this chapter.
A. 
A final plan application is required for all subdivision and land development plans. When a preliminary plan application is required in accordance with this Article III of this chapter relating to preliminary plan application, an application for final plan approval can be submitted only after obtaining preliminary plan approval.
B. 
The final plan shall be substantially consistent with the preliminary plan.
C. 
The final plan may include sections of an approved preliminary plan, provided each section independently conforms to this chapter, regulations and other standards of the Borough, and includes a reasonable portion of the preliminary plan.
D. 
Final plans shall be submitted to the Borough Zoning Officer/Building Code Official or his designee at the Borough office on any business day. However, final plans must be submitted at least 21 days prior to the Borough Council meeting in order to be placed on the agenda.
E. 
The application record shall be closed 21 days before the Borough Council meeting at which the final plan will be considered to allow time to examine and study the final plan and all appropriate supporting documentation. The Borough will not accept changes or amendments to the application after this date, unless the applicant shall apply for a rescheduling of the meeting at which the final plan will be considered before the Borough Council and makes suitable provision for an extension of the review time.
F. 
Final plan application requirements. All final plan applications shall include the following:
(1) 
A minimum of six full-size paper copies of the final plan and five copies of all reports, notifications and certifications which are specified in Article IV of this chapter relating to final plans. Additional copies of the final plan and reports may be required by the Borough.
(2) 
A minimum of seven paper copies, at a reduced scale to fit on an eleven-inch by seventeen-inch sheet of paper, of the final plan, which identifies at least the horizontal location of the proposed streets, parking, buildings, lot layout, stormwater facilities, water supply, sanitary sewage disposal and other planned improvements, along with an executive summary for each required report. These plans and reports may be part of the data which makes up the full final plan.
(3) 
One application form (see Appendix No. 6[1]) and 12 copies of the application form.
[1]
Editor's Note: The Appendixes are attached to this chapter.
(4) 
Filing fee as set by resolution of the Borough Council, and the filing fee set forth by the DCPC for review of the final plan.
(5) 
One DCPC's application for plan review.
(6) 
The applicant shall also submit on five CDs, DVDs or other form specified by the Borough, with each including one computer-readable digital file copy in the form specified by the Borough of the complete final plan set (all sheets) and one computer-readable digital file copy in the form specified by the Borough of each report, notification and certification, or in another computer-readable file form specified by the Borough.
G. 
Completeness review. The Borough Zoning Officer/Building Code Official or his designee shall have seven days from the date of submission of an application to check the final plans and documents to determine if they are in proper form and contain all information required by this chapter. If defective, the application may be returned to the applicant with a statement of rejection within the seven-day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver and/or modification of any deficiencies or irregularities. The applicant may appeal a decision by the Borough Zoning Officer/Building Code Official or his designee under this section to the Borough Council.
H. 
Distribution. The Borough Zoning Officer/Building Code Official or his designee shall distribute the final plan to the Borough Engineer, Borough Council, the DCPC and, if deemed necessary or appropriate as provided in Article III of this chapter relating to general information on plan processing procedures, to other Borough staff, boards, committees, agencies and officials (e.g., adjacent municipalities, fire department, school district, PennDOT, USDA-NRCS).
(1) 
The Borough Zoning Officer/Building Code Official or his designee will sign the DCPC's application for plan review.
I. 
Reviewing entities. The final plan is reviewed by the Borough Engineer, Borough Zoning Officer/Building Code Official, the DCPC and, if deemed necessary, other officials. These reviewers will report their findings to the Borough Council.
(1) 
The DCPC will be provided with 30 days from the date the application was forwarded to it to transmit its comments on the final plan.
J. 
The final plan will be placed on the Borough Council agenda for a meeting which is at least 21 days following submission. Attendance at the Borough Council meeting by the applicant or authorized agent is strongly encouraged to:
(1) 
Display a plan which identifies at least the horizontal location of the proposed streets, parking, buildings, lot layout, stormwater facilities, water supply, sanitary sewage disposal and other planned features, as well as all existing buildings and infrastructure.
(2) 
Verbally describe the property location and planned features in a presentation of no more than five minutes.
(3) 
Establish the acceptance or rejection of any recommendation of the Borough Engineer, Borough Solicitor, Borough Zoning Officer/Building Code Official, the DCPC or other official.
K. 
All final plan reviews shall be based upon provisions of this chapter as well as other applicable ordinances, regulations, rules and plans. All comments shall cite the provision of the ordinances relied upon or be specifically designated as well as other applicable ordinances, regulations, rules and plans. All comments shall cite the provisions of the ordinances, regulations, rules and plans relied upon or be specifically designated as suggestions.
L. 
Revisions to previously submitted final plans. Should the applicant elect to revise the final plan in accordance with the recommendations of the Borough Council, Borough Engineer, Borough Solicitor, Borough Zoning Officer/Building Code Official, the DCPC or other official prior to the next meeting after the initial meeting of the Borough Council, six full-size paper copies, seven eleven-inch by seventeen-inch paper copies, five CDs, DVDs or other form specified by the Borough, with each including one computer-readable digital file copy in the form specified by the Borough of the revised final plan set and data, and brief written descriptive narrative of the responses to and revisions made on the final plan based on the reviews and comments of the Borough Council, Borough Engineer, Borough Solicitor, Borough Zoning Officer/Building Code Official, the DCPC or other official, shall be submitted to the Borough Zoning Officer/Building Code Official or designee at the Borough office on any business day at least 14 days prior to the next Borough Council meeting in order to be placed on the agenda. Revised final plans will be distributed and reviewed in accordance with the distribution and review procedures set forth in this section above.
M. 
The applicant will be advised of the scheduled meeting for consideration of the final plan by the Borough Zoning Officer/Building Code Official or his designee. Attendance at the Borough Council meeting by the applicant or authorized agent is strongly encouraged. The applicant or authorized agent must be prepared to:
(1) 
Display a plan which identifies at least the horizontal location of the proposed streets, parking, buildings, lot layout, stormwater facilities, water supply, sanitary sewage disposal and other planned features, as well as all existing buildings and infrastructure.
(2) 
Verbally describe the property location and planned features in a presentation of no more than five minutes.
(3) 
Establish the acceptance or rejection of any recommendation of the Borough Engineer, Borough Solicitor, Borough Zoning Officer/Building Code Official, the DCPC or other officials.
(4) 
Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered in the minutes of the Borough Council. The acceptance of conditions will also be acknowledged in writing (see Appendix No. 8[2]). If there is no acceptance of conditions of approval, the final plan will be disapproved.
[2]
Editor's Note: The Appendixes are attached to this chapter.
N. 
Ruling on the final plan.
(1) 
The Borough Council shall approve, conditionally approve, or disapprove the final plan no later than the greater of the period of time required by the most recent version of the MPC or 90 days following the date of the regular meeting of the Borough Council next following the date the application was filed; provided, however, should said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the date the application was filed. Borough Council shall provide the applicant with written notice of its decision within 15 days thereafter. Should the applicant grant an extension of time within which Borough Council may act upon the final plan and/or render a written decision, Borough Council shall act in accordance with the limits of such extension of time.
(2) 
The ruling of the Borough Council shall be in the form of a written notice. The written notice shall cite the conditions of approval, if any, and/or any final plan defects, citing specific sections of this chapter, any applicable statute or applicable Borough ordinance. The written notice shall be presented to the applicant personally or mailed to him at his last known address not later than 15 days following the decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the plan.
(3) 
In the event that any waiver and/or modification of requirements from this chapter is deemed necessary by the Borough Council, action on the waiver and/or modification shall be entered in the minutes of the Borough Council.
(4) 
When the final plan is not approved in terms as presented to the Borough Council, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter as well as other applicable ordinances, regulations, rules and plans.
(5) 
When requested by the applicant in order to facilitate financing, the Borough Council shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining financial security in a form satisfactory to the Borough Council. The resolution's contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless an extension is requested in writing by the applicant and granted by the Borough Council.
(6) 
No final plan will receive approval by the Borough Council unless the applicant has completed all required public improvements, in accordance with the procedures provided Article V of this chapter relating to installation of public improvements in conjunction with conditional final plan approval, or has filed with the Borough Council an improvements guarantee in the manner prescribed in Article V of this chapter.
O. 
Compliance with conditions of approval.
(1) 
If the Borough Council conditions its final plan approval upon receipt of additional information, alterations, changes or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Borough Zoning Officer/Building Code Official or his designee. The applicant shall include a brief written descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain final plan approval.
(2) 
If the Borough Council conditions its final plan approval upon receipt of an improvements guarantee, the applicant shall follow either the financial security provisions in Article V of this chapter or the provision for installation of public improvements specified in Article V relating to installation of public improvements in conjunction with conditional final plan approval.
(3) 
Compliance with the conditions of final plan approval must be attained within one year from the date of the decision of Borough Council granting conditional final plan approval, unless an extension of time is requested by the applicant within such one-year period and Borough Council grants a waiver to extend this time period. Within this time period, the applicant must meet all conditions of approval and present the final plan for execution on behalf of the Borough in accordance with the plan certification procedures set forth in the subsection below relating to final plan certification. Failure to comply with the conditions of approval within the above time limitation shall make the approval of the final plan null and void. The Borough has no responsibility to inform the applicant of the termination or the pending termination of the final plan approval.
P. 
Final plan certification.
(1) 
After approval of the final plan, the applicant shall present to the Borough five paper copies and one Mylar copy of the final plan. All copies of the final plan for certification shall be in black ink and bear original signatures on each certificate.
(2) 
Upon payment of any outstanding plan review fee or inspection fee, the final plan shall be signed by the Borough Council (See Appendix No. 5[3]). One paper copy of the final plan will be retained by the Borough. The applicant shall submit the remaining copies of the final plan to the DCPC for required signatures/acknowledgements and the Dauphin County Recorder of Deeds for a certificate of recordation. Two paper copies will be retained by the Dauphin County Recorder of Deeds and one paper copy and one Mylar copy shall be returned by the applicant to the Borough for verification of recording. One paper copy shall be returned to the Borough Engineer.
[3]
Editor's Note: The Appendixes are attached to this chapter.
(3) 
The final plan shall be filed with the Dauphin County Recorder of Deeds within the time limitation established in Section 513 of the most recent version of the MPC or any future corresponding provision thereof. No lot may be sold and/or building construction initiated until the final plan is filed with the Dauphin County Recorder of Deeds. The Borough will not issue further approvals or permits until the evidence of recordation is provided by the applicant.
(4) 
Recording of the final plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon unless reserved by the landowner as hereinafter provided. The approval of the Borough Council shall not impose any duty upon the Borough concerning maintenance or improvement of any such dedicated street or public use until the Borough Council shall have accepted the same by the prevailing procedures of the Borough.
(5) 
If the final plan includes a notation to the effect that there is no offer of dedication to the public of common use areas, the title to such areas shall remain with the owner, their heirs and assigns, and the Borough shall assume no responsibility for improvements or maintenance thereof, which fact shall also be noted on the final plan.
(6) 
At the time the applicant presents the final plan for execution on behalf of the Borough, the applicant shall submit two CDs, DVDs or other form specified by the Borough, with each including one computer-readable digital file copy in the most recent version of AutoCAD format unless otherwise specified by the Borough, including the complete stormwater management plan and all other information contained on the finally approved final plan. The file shall also be submitted in a format and coordinate system in accordance with the law and the requirements of the Dauphin County Recorder of Deeds.
(7) 
All sheets of the final plan shall be recorded unless the Borough Engineer recommends and Borough Council approves recording only specified sheets of the final plan. For all final plan sheets to be recorded, each sheet shall be labeled as "Sheet # _____ of # _____ for Recording."
A. 
In accordance with Article VIII of this chapter relating to waivers and/or modifications, the Borough Council may waive and/or modify any provision of this chapter when the waiver and/or modification:
(1) 
Will remove or reduce an unreasonable standard, or undue hardship, as it applies to the particular property, which is grossly disproportionate to any benefit derived from the standard, or when an alternative standard provides equal or better results; and
(2) 
Provides reasonable utilization of the property while securing the public interest. It shall be the burden of the applicant to demonstrate compliance with the above conditions to the satisfaction of Borough Council.
B. 
Waiver and/or modification application. All applications for waivers and modifications shall be submitted to the Borough Zoning Officer/Building Code Official or his designee at the Borough office on any business day during regular business hours. A waiver and/or modification request shall include six paper copies and five CD-ROMs, with each including one computer-readable digital file copy in the form specified by the Borough, of all applicable plans, reports and supplementary data, and one application form (see Appendix No. 7[1]). If any of this information was filed with a preliminary plan or final plan, additional copies need not be submitted.
(1) 
A minimum of six full-size paper copies of the final plan and five copies of all reports, notifications and certifications which are specified in Article IV of this chapter relating to preliminary plans or final plans, as applicable. Additional copies of the final plan and reports may be required by the Borough.
[1]
Editor's Note: The Appendixes are attached to this chapter.
C. 
Distribution. The Borough Zoning Officer/Building Code Official or his designee shall distribute the waiver and/or modification request and related information to the Borough Engineer, Borough Council, the DCPC and, if deemed necessary or appropriate as provided in Article III of this chapter relating to general information on plan processing procedures, to other Borough staff, boards, committees, agencies and officials (e.g., adjacent municipalities, fire department, school board, PennDOT, USDA-NRCS).
D. 
Review of the waiver and/or modification. The waiver and/or modification request will be placed on the Borough Council agenda for a meeting which is at least 21 days following submission. Attendance at the Borough Council meeting is necessary to present the justifications for the waiver and/or modification.
(1) 
All waiver and/or modification review comments shall be based upon the proposal's compliance with the conditions stated in Article III of this chapter relating to waiver and/or modification request.
E. 
Ruling on the waiver and/or modification.
(1) 
The Borough Council shall have the authority to approve or disapprove the waiver and/or modification.
(2) 
In granting any waiver and/or modification, the Borough Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
(3) 
The acceptance or rejection of the conditions of waiver and/or modification will be entered in the minutes of the Borough Council. The acceptance of conditions shall also be acknowledged in writing by the applicant. If there is no acceptance of conditions of approval, the waiver and/or modification will be disapproved.
(4) 
Action on the waiver and/or modification shall be entered in the minutes of the Borough Council and forwarded to the applicant. Failure of the Borough Council to render a decision and communicate it to the applicant as described herein shall not be deemed approval of the waiver and/or modification.
A. 
The following types of final plans, in accordance with the procedures set forth in this section, shall be exempted from certain standard subdivision and/or land development plan procedures set forth in Article III of this chapter relating to preliminary plan application and shall be processed as a single submission and handled as a final plan in accordance with this section and Article III of this chapter relating to final plan application:
(1) 
Lot consolidation plan. The consolidation of two or more existing tracts to create one lot with revised lot lines if it is in conformance with the criteria specified in Article IV of this chapter relating to plans exempted from standard plan procedures. The lot consolidation plan shall comply with all final plan requirements.
(2) 
Revised subdivision plan. Any replatting of a previously recorded plan due to survey corrections or revision due to survey corrections of approved final plan, which has not yet been recorded, can be made if it is in conformance with the criteria specified in Article IV of this chapter relating to plans exempted from standard plan procedures. The revised subdivision plan shall not alter the number, location or configuration of lots, buildings or other aspects of the plan beyond the original understanding of the Borough. The revised subdivision plan shall comply with all final plan requirements and note the specific revision and indicate that the plan supersedes the previous plan solely as it applies to the revision.
(3) 
Lot add-on plan. The proposal to alter the location of lot lines between existing lots of separate ownership or under the same ownership with separate deeds for the sole purpose of increasing lot size if it is in conformance with the criteria specified in Article IV of this chapter relating to plans exempted from standard plan procedures. The lot add-on plan shall comply with all final plan requirements and indicate that the new parcel will be joined-in-common with the lands of the grantee.
B. 
Any of the above-mentioned plans shall be processed as a single submission and handled as a final plan in accordance with this section and Article III of this chapter relating to final plan application only when all of the following criteria are satisfied:
(1) 
The resultant lots meet all requirements of the applicable zoning district.
(2) 
The resultant lots shall retain adequate access to accommodate potential development in accordance with the current zoning district regulations.
(3) 
Drainage easements or rights-of-way are not altered.
(4) 
Access to the affected parcels is not altered or modified.
(5) 
Street alignments are not changed.
C. 
Recordation of plans exempted from standard plan procedures. Additionally, deeds related to such plans shall also comply with the following:
(1) 
A copy of the deeds to be recorded for the subject tract or receiving and conveying tracts shall be submitted prior to recording of the plans.
(2) 
Recordation of the plans do not serve to join any receiving tracts with the acreage to be conveyed. To reflect the descriptions as provided on the recorded plans, deeds must be recorded for receiving and conveying tracts.
D. 
Future development. Any development of the lots created through this process must follow standard plan processing procedures as specified in this chapter.