This article sets forth the application requirements for obtaining approval of subdivisions, land developments and land disturbances. The form of the various plans referred to in this article and information required to be forwarded with such plans shall be as specified in Article IV.
Applicants are urged to discuss possible development sites and plan with the Borough Planning Commission prior to formal submission of any plan. The purpose of the preapplication meeting or sketch plan review is to afford the applicant an opportunity to receive the comments of the Borough Planning Commission. Submission of a sketch plan is optional and will not constitute formal filing of a plan with the Borough. Prospective applicants submitting a preapplication plan for review by the Planning Commission should generally include those items listed in § 265-19 of this chapter. Although all the plan information outlined by § 265-19 is not required to be shown on the sketch plan, the amount of information actually provided should be proportional to the size and involvement of the proposed activity. Plans shall be considered for informal review and discussion and shall not constitute formal filing of the plan with the Borough. The applicant shall attempt to follow any comments or concerns of the Planning Commission and staff and attempt to address these items in the preliminary plans.
All applications for approval of a subdivision plan, land development plan, improvement construction plan or land disturbance plan, shall be made by the developer filing an application form, to be supplied by the Borough, together with the appropriate plans, studies, reports, supporting data and required filing fee, with the Borough.
A. 
Initial application. All applications shall be submitted to the Borough Secretary at least 14 calendar days prior to the next regular meeting of the Borough Planning Commission. No application will be considered complete if it is not accompanied by the required fee. Within said 14 days, the Borough staff shall check the plans and documents to determine if on their face they are in proper form and contain all information required by this chapter and report staff findings at the next regular meeting of the Borough Planning Commission. At its regular meeting the Borough Planning Commission shall accept the application for filing or reject the application as defective. If defective, the application shall be returned to the applicant with a statement of rejection. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities.
B. 
Amendments or corrections to an application. The Borough staff shall have seven days from the date of submission to examine amended or corrected applications filed to determine whether such amended or corrected application results in a substantial amendment to the plan or in the filing of a plan so changed as to be considered a new plan. If the Borough staff determines that the amended or corrected application constitutes a substantial amendment, it shall so inform the applicant and shall inform the applicant that the Borough shall consider the ninety-day review procedure to have been restarted as of the date of the filing of the substantial amendment. If the Borough staff determines that the amended or corrected application constitutes a new plan, it shall so inform the applicant and shall inform the applicant that a new application and new fees are required. The applicant may appeal a decision by the Borough staff under this section to the Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
In addition to submission with the Borough, it is required that a full set of plans be concurrently submitted by the applicant to the appropriate officials of the Lancaster County Planning Commission. It shall be the applicant's responsibility to submit subsequent sets of plans to the Lancaster County Planning Commission if substantial revisions are made to the plans or any supporting information related to the plans.
D. 
The resources of the Borough and the orderly administration of this chapter are unduly burdened by multiple and conflicting applications. Therefore, the same applicant may not submit multiple applications for approval of a subdivision or land development plan for the same property or a portion thereof involving the same land use. If an applicant desires to submit a new application, then the applicant must withdraw in writing any pending applications. In the event the applicant fails or refuse to withdraw any pending applications, Borough Council may deny the new application due to noncompliance with this section.
A. 
Preliminary plan application. With the exceptions noted in § 265-17 of this article, a preliminary plan is required for applications which propose new streets, all land development plans and subdivision plans of three or more lots. All other plans may be submitted as final plans in accordance with § 265-15.
(1) 
Preliminary plans may be filed with the Borough on any business day; however, the Planning Commission may review a plan at a particular meeting only if the plan was filed at least 14 calendar days prior to that meeting.
(2) 
In addition to submitting the required material in accordance with § 265-13B, the applicant shall file with the Borough the required number of copies of plans, supporting information and all filing fees as required by the Borough.
B. 
Application requirements. All preliminary plan applications shall include the following:
(1) 
Eleven copies of the preliminary plan. All plans shall be either black-on-white or blue-on-white paper prints.
(2) 
Three copies of all notifications and certifications which are not provided on the preliminary plan.
(3) 
Three copies of the application form.
(4) 
Three copies of all reports required by § 265-20E.
C. 
Planning Commission review process. At the first meeting of the Planning Commission, no action will be taken for most applications. The plan will be considered as a briefing item for general comments and introduction by the Borough staff. The Planning Commission may elect to take action on any subdivision or land development application if deemed to be in order and all review comments from the Borough staff, Borough Engineer and County Planning Commission are available. The Planning Commission may discuss the preliminary plan application with the developer or his agent at the next regular meeting and will review the application to determine if it meets the standards set forth in this chapter. The preliminary plan shall then be submitted by the Planning Commission together with its analysis and recommendations, including those of the Borough staff and Engineer, to the Borough Council.
D. 
Review by the Borough staff.
(1) 
The Borough Zoning Officer and/or any Borough personnel as directed by the Borough Council shall review the application documents to determine if they are in compliance with this chapter, Chapter 320, Zoning, the Comprehensive Plan and the Borough planning objectives and accepted planning standards. These personnel shall provide comments and recommendations, including written findings, when directed by the Borough Council.
(2) 
The Borough Engineer shall review the application documents to determine compliance with this chapter, Chapter 251, Stormwater Management, and any other applicable Borough ordinances, Borough standards and good engineering practices. He shall prepare a written report of his findings and recommendations.
E. 
Borough Council review process. All applications for approval of a plan shall be acted upon by the Borough Council. The Borough Council shall render its decision not later than the greater of the period of time required by the Municipalities Planning Code or 90 days following the date of the regular meeting of the Planning Commission next following the date of application; provided, however, should the 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 day the application has been filed. Plans will be presented by the Borough staff at the regular meeting of the Planning Commission, following acceptance of the plans by the Planning Commission. Following complete review of the Planning Commission, including its recommendations, the Borough Council will place the plan on its agenda for review and action.
F. 
Notification of Borough Council action. The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision or such later date as may be required by the Municipalities Planning Code.
(1) 
When the application is not approved in terms as filed, 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 the chapter relied upon.
(2) 
Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein, unless a greater period of time has been authorized by the Municipalities Planning Code, shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner or presentation of communication of the decision; in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
G. 
Compliance with the Borough Council action. If the Borough Council conditions its preliminary plan approval upon receipt of additional information, changes and/or notifications, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the Borough for approval. Such data shall be submitted and approved by the Borough Council within 90 days of its conditional approval unless the Borough Council grants a waiver by extending the effective time period. If the applicant finds the conditions unacceptable and/or fails to submit revised data within the specified time period, the plan will be automatically disapproved for the deficiencies outlined by the conditions of approval.
H. 
Borough Council approval and certification. The Borough Council will acknowledge the satisfactory compliance with all conditions, if any, of the preliminary plan approval at a regularly scheduled public meeting. Additionally, at the option of the applicant, after receipt of preliminary plan approval and compliance with all conditions of approval, a preliminary plan may be presented to the Borough for acknowledgement through a formal statement on the plan (see Appendix No. 5).[1]
(1) 
Approval of a preliminary application shall constitute approval of the proposed subdivision and/or land development as to the character and intensity of development and the general arrangement of streets, lots, structures and other planned facilities but shall not constitute final plan approval. The preliminary plan may not be recorded in the office of the Recorder of Deeds.
[1]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
A. 
Improvement construction plan application. After an applicant has received official notification that the preliminary plan has been approved, an application may be processed for an improvement construction plan.
(1) 
Improvement construction plans may be filed with the Borough on any business day; however, the Borough Council will review a plan at a particular meeting only if the plan was filed at least 14 calendar days prior to that meeting.
(2) 
The improvement construction plan may be submitted in sections, each section covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan.
(3) 
The Borough Council may accept an improvement construction plan modified to reflect a change to the site or its surrounds which occurs after the preliminary plan review. The Borough Council shall determine when a modification will require a revised preliminary plan.
B. 
Application requirements. All improvement construction plan applications shall include the following:
(1) 
Three copies of the improvement construction plan. All plans shall be either black-on-white or blue-on-white paper prints.
(2) 
Three copies of all notifications and certificates which are not provided on the improvement construction plan.
(3) 
Three copies of the application form. (See Appendix No. 13.[1])
[1]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
(4) 
Three copies of all reports required in § 265-21E of the chapter.
(5) 
All filing fees required by the Borough.
C. 
Plan requirements. All improvement construction plans shall be prepared in conformance with the provisions of § 265-21 of this article, with the exception of § 265-21E(1)(g) and (h) and (2)(d) and (f).
D. 
Borough action.
(1) 
In general, the Planning Commission may review a plan at a particular meeting only if the plan was filed at least 14 calendar days prior to that meeting. The Planning Commission will discuss the final plan application with the developer or his agent at a regular meeting and will review the application to determine if it meets the standards set forth in this chapter. The final plan application shall be submitted by the Planning Commission, together with this analysis and recommendations, to the Borough Council for consideration.
(2) 
All applications for approval of a plan shall be acted upon by the Borough Council, which shall render its decision not later than the greater of the period of time authorized by the Municipalities Planning Code or 90 days following the date of the regular meeting of the Borough Council next following the date the application is filed, provided that, should the 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 day the application has been filed.
E. 
Notification of the Borough Council action. The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision or such later date as may be authorized by the Municipalities Planning Code.
(1) 
When the application is not approved in terms filed, 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 provision of the chapter relied upon.
(2) 
Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision; in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(3) 
If the application is disapproved, the Borough Council will notify the above individuals, in writing, of the defects in the application and will identify the requirements which have not been met through citing provisions of the statute or ordinance relied upon.
F. 
Compliance with the Borough Council action. If the Borough Council conditions improvement construction plan approval upon receipt of additional information, changes and/or notification, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted and approved by the Borough Council within 90 days of its conditional approval, unless the Borough Council grants a waiver by extending the effective time period. If the applicant finds the conditions unacceptable and/or fails to submit revised data within the specified time period, the plan will be automatically disapproved for the deficiencies outlined by the conditions of approval.
G. 
Improvement construction plan certificate and construction authorization. After the Borough Council's approval of the improvement construction plan and the required changes, if any are made, the applicant shall proceed to prepare two plans which shall be either Mylar or transparent reproductions of the original plan with black line on cloth or stable plastic base film. These plans shall be certified in the following manner:
(1) 
Both improvement construction plans shall be presented to the Borough Council for its signatures (see Appendix No. 6[2]). Improvement construction plans will not be signed by the Borough if submitted more than 90 days from the Borough Council's approval action unless the Borough Council grants a waiver by extending the effective time period of the approval.
[2]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
(2) 
Approval and certification of an improvement construction plan shall not constitute final plan approval of the proposal, nor shall this plan be recorded with the Recorder of Deeds, but shall, when combined with the necessary municipal and/or commonwealth approvals and permits, grant the authority to install the improvements required as part of this chapter.
(3) 
Following the Borough Council's certification of the improvement construction plan, one copy of the plan will be retained by the Borough Council, and the remaining copy will be available to the firm which prepared the plan.
(4) 
Improvement construction plan approval will be effective for a five-year period from the date of the Borough Council's approval action. Construction must be completed and a final plan application must be submitted within five years of the improvement construction plan approval, or else the plan approval will become null and void unless the Borough Council grants a waiver by extending the effective time period of the approval.
H. 
Completion of improvements. Upon completion of the improvements required by this chapter, the applicant may proceed to submit a final plan and application, which shall include notice of approval of the improvements by the authority which is to accept the improvement (see Appendix No. 16[3]).
[3]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
A. 
Prerequisites to filing final plan application. An application for final plan approval can be submitted only after the following, when required as noted, have been completed:
(1) 
The receipt of an unconditional preliminary plan approval in accordance with § 265-13 of this article when a preliminary plan approval is required.
(2) 
The completion of the improvements required by this chapter in accordance with the improvement construction plan procedure stated in § 265-14 of this article when the improvements are not assured by the posting of financial security as provided in Article V of this chapter.
B. 
Final plan applications.
(1) 
Final plans may be filed with the Borough on any business day; however, the Planning Commission will review a plan at a particular meeting only if the plan was filed at least 14 days prior to that meeting.
(2) 
In addition to submitting the required material in accordance with Subsection C of this section, the applicant shall file with the Borough the required number of copies of plans, supporting information and all filing fees required by the Borough.
(3) 
The final plan may be submitted in phases, each section covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan, provided that each section, 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.
(4) 
The Borough Council may accept a final plan modified to reflect a change to the site or its surroundings which occurs after the preliminary plan review. The Borough Council shall determine whether a modified final plan will be accepted or whether a new preliminary plan shall be submitted.
C. 
Application requirements. All final plan applications shall include the following:
(1) 
Eleven copies of the final plan. All plans shall be either black-on-white or blue-on-white paper prints.
(2) 
Three copies of all notifications and certificates which are not provided on the final plan.
(3) 
Three copies of the application form (see Appendix No. 12[1]).
[1]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
(4) 
Three copies of all reports required in § 265-21E of this chapter.
D. 
Plan requirements. All final plans shall be prepared in conformance with the provisions of § 265-21 of this chapter.
E. 
Borough action.
(1) 
In general, the Planning Commission may review a plan at a particular meeting only if the plan was filed at least 14 calendar days prior to that meeting. The Planning Commission will discuss the final plan application with the developer or his agent at a regular meeting and will review the application to determine if it meets the standards set forth in this chapter. The final plan application shall be submitted by the Planning Commission, together with its analysis and recommendations, to the Borough Council for consideration.
(2) 
All applications for approval of a plan shall be acted upon by the Borough Council, which shall render its decision not later than the greater of the period of time required by the Municipalities Planning Code or 90 days following the date of the regular meeting of the Borough Council next following the date the application is filed, provided that, should the 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 day the application has been filed.
(3) 
Final plan approval will be effective for 90 days from the date of the Borough Council's action on the final plan, unless the Borough Council grants a waiver by extending the effective time period of the approval. Within this time period, the applicant must meet all conditions of approval, if any; certify plans as specified in § 265-15H of this article and record plans as specified in § 265-15I of this article.
F. 
Notification of Borough Council action. The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision or such later date as may be required by the Municipalities Planning Code. When the application is not approved in terms as filed, 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 the chapter relied upon. Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision; in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
G. 
Compliance with Borough Council action. If the Borough Council conditions its final plan approval upon receipt of additional information, changes and/or notifications, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the Borough for approval. Such data shall be submitted and approved by the Borough Council within 90 days of its conditional approval, unless the Borough Council grants a waiver by extending the effective time period. If the applicant finds the conditions unacceptable and/or fails to submit revised data within the specified time period, the plan will be automatically disapproved for the deficiencies outlined by the conditions of approval.
H. 
Final plan certification. After the Borough Council's approval of the final plan and the required changes, if any, are made, the applicant shall proceed to prepare two sets of final plans, which shall be either Mylar or transparent reproductions of the original plan with black line on cloth or stable plastic base film, and one set of final plans, which shall be a paper copy for the Borough's files. The two transparent copies of the final plan shall be certified in the following manner:
Both final plans shall be presented to the Borough Council for its signatures (see Appendix No. 7[2]). Final plans will not be signed by the Borough Council if submitted more than 90 days from the Borough Council's final approval action, unless the Borough Council grants a waiver by extending the effective time period of the approval.
[2]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
I. 
Final plan recordation. Upon approval and certification of a final plan, the applicant shall record the plan in the Office of the Recorder of Deeds. Should the applicant fail to record the final plan within 90 days of the Borough Council's final plan approval, the Borough Council's action on the plan shall be null and void unless the Borough Council grants a waiver by extending the effective time period of the approval.
(1) 
The final plan shall be filed with the Recorder of Deeds before proceeding with the sale of lots.
(2) 
The final plan shall be filed with the Recorder of Deeds before proceeding with the construction of any improvement except as provided for in § 265-14 of this article.
(3) 
No subdivision or land development plan may be recorded unless it bears the endorsement of the Borough Council.
(4) 
Proof that the plan has been recorded, in a format acceptable to the Borough, must be submitted to the Borough prior to the sale of lots. The Borough shall issue no permits until this verification is provided. Verification may include the recording receipt from the Lancaster County Recorder of Deeds along with the date recorded and the plan book and page number that the plans were recorded in.
J. 
Effect of recording of final plan. Recording the final plan, after approval of the Borough Council, shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use, unless reserved by the landowner as provided in § 265-21E(2)(e) of this chapter. However, the approval of the Borough Council shall not impose any duty upon the commonwealth, county or Borough concerning acceptance, maintenance or improvement of any such dedicated areas or portion of same until the proper authorities of the commonwealth, county or Borough actually accept same by ordinance or resolution or by entry, use or improvement.
(1) 
The landowner may place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated areas, in which event the title to such area shall remain with the owner and neither the commonwealth, county, Borough nor any applicable authorities shall assume any right to accept ownership of such land or right-of-way.
An application for approval of a land disturbance plan and stormwater management permit may be submitted to the Borough on any business day. In the event that a question arises as to whether a proposed activity requires a land disturbance plan, the landowner or developer may request that the Borough determine whether the proposed activity constitutes a land disturbance activity as defined in Article II and, if so, whether such activity is exempted from obtaining approval under § 265-16A below. The landowner or developer shall furnish the Borough with such information as the Borough Engineer may deem necessary to determine whether the proposed activity constitutes a land disturbance activity. A decision of the Borough representatives may be appealed to the Borough Council in accordance with § 265-76 herein. Applications for approval of subdivision and/or land development plans may incorporate all of the necessary stormwater management information in lieu of application for a separate stormwater management permit.
A. 
Exemptions. The following activities are specifically exempt from the plan requirements of this chapter:
(1) 
Use of land for gardening and landscaping of the property, when performed as an accessory use to the primary use of the property.
(2) 
Agriculture when operated in accordance with a farm conservation plan or erosion and sedimentation control plan approved by the Lancaster County Conservation District. Application of this section to claim exemption shall require submittal of written verification from the Lancaster County Conservation District that an inspection has been performed and the farm has, and is, implementing an approved farm conservation plan or erosion and sedimentation control plan.
B. 
Application requirements.
[Amended 11-4-2003 by Ord. No. 310; 8-1-2006 by Ord. No. 329]
(1) 
Minor land disturbance activity. An application for a stormwater management permit for a minor land disturbance activity, as defined in Article II of this chapter, shall include the following items:
(a) 
One completed copy of the application for a stormwater management permit, minor land disturbance activity. (See Appendix No. 23.[1])
[1]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
(b) 
Four copies of the stormwater management site plan prepared in accordance with § 265-23 of this chapter together with all required reports, calculations, and associated permits. The applicant shall provide one additional copy of the stormwater management site plan, together with all required reports, calculations and associated permits, to the Lancaster County Planning Commission and pay any fees imposed by the Lancaster County Planning Commission. The applicant shall provide the Borough with evidence that the applicant has provided such copy to the Lancaster County Planning Commission.
(c) 
Permit fee in the amount as established by resolution or ordinance of Borough Council.
(d) 
Performance bond, when applicable, in accordance with § 265-28 of this chapter.
(2) 
Major land disturbance activity. An application for a stormwater management permit for a major land disturbance activity, as defined in Article II of this chapter, shall include the following items:
(a) 
One completed copy of the application for a stormwater management permit, major land disturbance activity. (See Appendix No. 24.[2])
[2]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
(b) 
Four copies of the stormwater management site plan prepared in accordance with § 265-23 of this chapter, together with all required reports, calculations and associated permits. The applicant shall provide one additional copy of the stormwater management site plan, together with all required reports, calculations and associated permits, to the Lancaster County Planning Commission and pay any fees imposed by the Lancaster County Planning Commission. The applicant shall provide the Borough with evidence that the applicant has provided such copy to the Lancaster County Planning Commission.
(c) 
Permit fee in the amount as established by resolution or ordinance of Borough Council.
(d) 
Performance bond, when applicable, in accordance with § 265-28 of this chapter.
(e) 
Liability insurance, when applicable, in accordance with § 265-16E below.
C. 
Borough action.
(1) 
Borough staff may review the application with the Borough Engineer, Borough Solicitor, the Lancaster County Conservation District and other municipal officials in order to determine approval, conditional approval or disapproval of the application.
(2) 
The Borough shall, within 90 days from the receipt of an application, issue a permit or disapprove the application and transmit the decision in writing to the applicant. Failure of the Borough to render a decision and communicate it as prescribed above shall be deemed an approval unless the time period is extended by the applicant.
(3) 
A notice of disapproval shall cite the reasons for disapproval.
D. 
Financial security. The Borough shall, prior to issuing a stormwater management permit, require financial security to be posted for the stormwater detention and/or retention basin and other drainage facilities which may adversely affect adjacent properties, streets or other public improvements in accordance with provisions outlined by Article V of this chapter. Where required, the developer shall file with Borough Council financial security in an amount sufficient to cover the costs and installation of the stormwater management facilities, including any inspection fees reasonably expected to be incurred by the Borough.
E. 
Liability insurance. If in the opinion of Borough Council based upon a report of the Borough Engineer the nature of the work is such that it may create a hazard to human life or endanger adjoining property or streets, then Borough Council shall, before issuing the permit, require that the applicant file a certificate of insurance showing that there exists insurance against claims for damage, including damage to the Borough of Adamstown, by surface water flow which has been altered on the site. The liability insurance shall be to the amount prescribed by the municipality in accordance with the nature of risks involved and include the Borough as an additional insured. Such insurance shall be written by a company licensed to do business in the commonwealth.
A. 
Procedure for processing revised subdivision and/or land development plans. Any replatting or resubdivision of recorded or unrecorded plans, excluding lot grading plans in subdivisions, shall be considered as a new application and shall comply with all requirements of this chapter, except that plans may be changed, provided that, in making such changes:
(1) 
No lot or tract of land shall be created that does not meet the minimum design standards required by this chapter and existing Borough regulations.
(2) 
No structure shall be relocated which does not meet the minimum design standards required by this chapter and existing Borough regulations.
(3) 
No increase is made in the overall density.
(4) 
The stormwater management facilities are not altered in a manner which affects the discharge of stormwater to an adjacent property or significantly relocates a major stormwater management facility within the project.
(5) 
Street locations and block sizes shall not be changed.
(6) 
The character and land use of the original application shall be maintained.
B. 
In every case where a plan alteration conforms to the above, the applicant shall:
(1) 
Submit to the Borough Council three black-on-white or blue-on-white paper copies of the revised final plan and three copies of the application form (see Appendix No. 12[1]). Upon review of the revision, the Borough Council will, in writing, advise the applicant whether or not the revision complies with the above.
[1]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
(2) 
If the revision complies, the applicant shall prepare two plans, which shall be either Mylar or a transparent reproduction of the original plan with black line on cloth or stable plastic base film, and which shall specifically identify the alteration(s) to the previously recorded plan.
(3) 
The applicant shall then submit the plan to the Borough Council for signature as specified in § 265-15H of this article (see Appendix No. 7[2]).
[2]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
(4) 
The plans shall then be recorded as specified in § 265-15I of this article.
C. 
In addition to submitting the required material, in accordance with Subsection B of this section, the applicant shall file with the Borough all filing fees.
D. 
Preliminary/final plans. In case of a subdivision plan of not more than three lots which does not require provisions for a new street, the applicant may, at his discretion, concurrently submit preliminary and final plans for action at the Borough Council meeting. All other plans shall be submitted in accordance with § 265-13 of this article. For the purpose of interpreting this section of the article, any remaining land shall be considered a lot.
E. 
Procedure for processing a lot add-on. The lease, conveyance, sale or transfer of land for the sole purpose of increasing the lot size of an adjacent contiguous lot shall comply with the following lot add-on procedure, provided that the proposal does not create additional lots or result in a nonconformity with the design standards found in Article VI of this chapter. In every case where a proposal conforms to the above, the application shall comply with the following procedures:
(1) 
The applicant shall submit to the Borough 11 black-on-white or blue-on-white paper copies of a lot add-on plan prepared to the standards specified in § 265-22 of this chapter and three application forms (see Appendix No. 12[3]). In addition to submitting the required material, the applicant shall provide all filing fees. Upon review of the revision, the Borough Council will, in writing, advise the applicant whether or not the proposal qualifies as a lot add-on.
[3]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
(2) 
If the plan qualifies, the applicant shall prepare two plans for recording, which shall be either Mylar or a transparent reproduction of the original plan with black line on cloth or stable plastic base film, and one set of paper copies of the plan for the Borough Council's files. The two transparent copies of the plan shall be certified by the Borough Council (see Appendix No. 8[4]). The applicant shall record the plans with the Recorder of Deeds. These plans shall be filed with the Recorder of Deeds prior to the execution of a deed for the land.
[4]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
A. 
Application requirements. All requests for waivers shall only be submitted in conjunction with applications for plan approval. All requests shall be in writing (see Appendix No. 17[1]) and shall identify:
(1) 
the specific section of this chapter which is requested to be waived.
(2) 
Provisions proposed as an alternate to the requirements.
(3) 
Justification for the waiver. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based.
(4) 
The minimum modification of a chapter requirement that is necessary.
[1]
Editor's Note: The Appendixes of the Subdivision and Land Development Ordinance are on file in the Borough office.
B. 
Borough action.
(1) 
In general, the Planning Commission will schedule a request for a waiver for action at a regular meeting which is at least 14 calendar days following the filing of the application by the applicant. The Planning Commission will review the request to determine: (a) if compliance with the provisions of this chapter creates an undue hardship or appears to be unreasonable as it applies to the particular property; or (b) if the applicant demonstrates that an alternative proposal will allow for equal or better results, and take such action as it shall deem necessary or advisable in the public interest.
(2) 
The request for a waiver and accompanying documentation shall be submitted by the Planning Commission, together with its analysis and recommendations, to the Borough Council for consideration. All applications for approval of a waiver shall be acted upon by the Borough Council, which shall render its decision and communicate it to the applicant in accordance with the requirements of the Municipalities Planning Code.
C. 
Notification of action of Borough Council. After the meeting at which the waiver was reviewed, the Borough Council shall send a written notice of the Borough Council's action to the applicant at his last known address not later than 15 days following the decision or such later date as may be authorized by the Municipalities Planning Code. If the Borough Council denies the request, the Borough Council will notify the above individual, in writing, of the justification for denial. If the Borough Council grants the requests, the final plan shall include a note which identifies the specific waiver as granted.