For the purposes of plan processing, plans for proposed land
developments and the various types of subdivision are classified as
follows:
A.
The purpose of the preapplication conference and review is to afford
an applicant opportunity to receive the advice and assistance of the
Borough regarding the procedures for submission of subdivision and
land development applications, as well as the standards and provisions
of this chapter, and to alert the applicant to other factors pertinent
to the design and effectuation of the subdivision or land development.
B.
Although not required, a preapplication conference and review is
strongly recommended before submission of a formal plan, particularly
for proposals that involve the creation of new streets, stormwater
facilities, or proposals for new or expanded nonresidential structures.
C.
The preapplication conference and review will not constitute the
filing of an application for approval, and all such meetings and/or
review will be considered informal. At the discretion of the applicant
a proposal may be presented at a public Borough Planning Commission
meeting for informal review and comment, and if deemed appropriate
or necessary by the Planning Commission, said proposal may then be
presented at a Borough Council meeting for informal review and comment.
A.
Plan submission deadlines.
(1)
Subdivision, lot addition/consolidation, and land development plans.
Plans and supporting documentation will be submitted to the Borough
or designated administrator of this chapter with a completed application
form accompanied by all applicable fees at any time during normal
office hours. Plans will be submitted at least 15 calendar days prior
to the next regularly scheduled Planning Commission meeting for consideration
at that meeting.
B.
Official plan filing dates.
(1)
Subdivision, lot addition/consolidation, and land development plans.
Plans will be considered officially filed at the next monthly meeting
of the Planning Commission following the delivery of a completed application
form, applicable fees, and the requisite number of plans and other
supporting documents to the Borough or designated administrator and
the Borough or designated administrator has acknowledged that the
application is complete. Should the next monthly meeting of the Lewisburg
Borough Planning Commission be more than 30 days following the delivery
of the completed application to the Borough or designated administrator,
the date of plan receipt will be the 30th day following the filing
of the application.
C.
Effect of filing date. After an application has been officially filed in accordance with § 315-21B and while a decision is pending, no change in any zoning, subdivision, or other local governing ordinance or plan will affect the decision on the application adversely to the applicant, and the applicant will be entitled to a decision in accordance with the provisions of the local governing ordinances and regulations effective on the official plan filing date.
A.
Applicants are encouraged to submit a sketch plan during or after
the preapplication conference and review in order to present the overall
development concept of a particular tract before preparing and submitting
a formal preliminary or final plan.
B.
The sketch plan, like the preapplication conference and review, is
not mandatory but is recommended.
C.
Presentation of a sketch plan will not constitute the filing of an
application for approval of a plat. The applicant may present the
sketch plan at a Planning Commission meeting for informal review and
comment.
D.
No formal action will be taken on a sketch plan submission, but the
Planning Commission and/or the Borough's consultant(s) may after
review and evaluation of the proposal notify the applicant in writing
of findings and recommendations regarding preparation of preliminary
or final plans.
E.
The Borough may complete a review of sketch plans within 30 days
of delivery to the Borough or designated administrator and may communicate
findings to the applicant within 15 days of completing the review;
however, if such review is not conducted and findings are not communicated
within these timeframes, no vested rights will be deemed to accrue
to the applicant.
A.
Subdivisions and land developments requiring a preliminary plan.
An application for preliminary plan review and approval must be submitted
for any proposed subdivision or land development that meets any of
the following conditions:
(1)
Proposed are streets, sanitary sewers, stormwater management facilities,
or other improvements that will be offered for public dedication.
(2)
An applicant opts to forgo posting an improvements guaranty and intends
to construct improvements prior to final plan approval and the sale
of lots.
(3)
All cases where an applicant proposes phasing of construction activities.
B.
Application requirements. All preliminary plan applications will
include the following:
(1)
Eight copies of the preliminary plan prepared in compliance with §§ 315-29 and 315-30 of this chapter. Additional copies will be submitted if the proposed site is a project of regional significance. The applicant is also responsible for providing the necessary copies for sewage planning review. (Additionally, applicants are encouraged to submit an electronic copy of the plan as a portable document format [.pdf] file.)
(2)
Three copies of all reports, deed covenants, notifications, regulatory
permit applications and reviews and certifications which are not provided
on the preliminary plan, including but not limited to traffic studies,
stormwater management narrative and calculations, and maintenance
and use agreements.
(3)
One completed "Lewisburg Borough Subdivision and Land Development
Application" form with all information legible and bearing the required
signatures.
(4)
Appropriate filing fee in the form of a check or money order made
payable to the Borough of Lewisburg for an amount established by a
fee schedule adopted by resolution of the Borough Council.
C.
Incomplete applications. The Borough or designated administrator
will have seven days from the date an application is submitted to
check the plans and accompanying documents to determine if on their
face they are in proper form and contain all the information required
by this chapter. If incomplete, the application will be returned to
the applicant with a statement that the application is incomplete
within the seven-day period, otherwise, the application will be deemed
accepted for filing. Acceptance will not constitute a waiver of any
deficiencies or irregularities.
D.
Distribution of copies.
(1)
Upon receipt of a completed application, the Borough or designated
administrator will distribute one copy of the preliminary plan and
any related documentation to the following, as appropriate, for their
review and report:
(a)
Borough Office.
(b)
Borough Planning Commission.
(c)
Borough Zoning Officer.
(d)
Borough Engineer.
(e)
Municipalities within 1/2 mile of the proposed site if the project
is expected to generate 200 or more vehicle trips per day or is otherwise
deemed to be of regional significance.
(f)
Union County Planning Commission.
(2)
The applicant will be responsible to distribute plans and related
documentation to all agencies having jurisdiction and will provide
verification of transmittals to the Borough or Designated Administrator.
E.
Phased development. If an applicant intends to develop land in phases,
the preliminary plan application will encompass the entire land area
proposed for development and will serve as a master plan.
F.
Optional hearing. The Borough may conduct a public hearing pursuant
to public notice in order to inform the public and obtain comment
prior to taking action on a preliminary plan application.
G.
Borough action. The Borough will review and render a decision to
approve the preliminary plan as submitted, to approve the plan subject
to conditions specified by the Borough, or to disapprove the plan
at a scheduled public meeting not later than 90 days after such application
for preliminary approval was officially filed, unless the applicant
and the Borough mutually agree in writing to an extension of time.
H.
Written decision. The applicant will be notified in writing, via
certified, return receipt requested mail, of Borough action within
15 consecutive days following the decision. Said notice will be mailed
to the last known address of the applicant on file at the Borough
Office with a copy of said notification provided, as appropriate,
to the following:
I.
Acceptance of conditions. If an application for a preliminary plan
is approved subject to conditions, such conditions will be specified
by the Borough and will be accepted by the applicant in writing within
15 days after the written decision of the Borough is delivered to
the applicant or the approval will be automatically rescinded.
J.
Approval pending receipt of additional information. When a preliminary
plan is conditionally approved, the applicant will submit revised
plans and necessary documents to the Borough for approval within 45
days of acceptance of the conditions. Failure to meet the conditions
of plan approval within 45 days will constitute an automatic disapproval
of the plan unless the Borough and the applicant mutually agree upon
a time extension. For plans conditionally approved, the date of official
plan approval will be the date on which all conditions are met.
K.
Specified defects. If an application for a preliminary plan is disapproved
as filed, the decision will specify the defects found in the application
and identify the requirements that have not been met, citing the provisions
of the statute or ordinance relied upon.
L.
Deemed approval. Failure of the Borough to render a decision and
communicate it to the applicant in the manner prescribed herein will
be deemed approval of the application as presented.
M.
Preliminary plan certification. After preliminary plan approval and
the applicant's compliance with all conditions of approval, the
Borough will execute the plan approval certification with one copy
retained by the Borough and one copy provided to the applicant along
with any other copies deemed necessary by the applicant.
N.
Effect of preliminary plan approval.
(1)
Approval of the preliminary plan application by the Borough will
constitute approval of the proposed subdivision and/or land development
in regard to general design, character and intensity of development,
general arrangement of streets, lots, structures, and other planned
facilities, but will not constitute final plan approval.
(2)
A preliminary plan will not be accepted for recording in the office
of the Union County Recorder of Deeds.
(3)
Preliminary plan approval will be effective for a five-year period
from the date of the Borough's approval of the preliminary plan
application, thereafter final plan application(s) for the entire project
will be made within five years of preliminary plan approval unless
the Borough grants a waiver by extending the effective time period
of the approval.
(4)
After receipt of preliminary plan approval the applicant may proceed
to construct the improvements shown on the approved preliminary plan.
The applicant will indicate the intent to construct improvements in
writing to the Borough prior to the start of construction.
(5)
Preliminary plan approval will not authorize the sale of lots of
occupancy of buildings shown on the plan regardless of whether or
not proposed improvements have been installed.
A.
Final plan submission. An application for final plan review and approval
may be submitted under the following circumstances:
(1)
A preliminary plan was not required.
(2)
The preliminary plan was approved without conditions.
(3)
The improvements required by this chapter and shown on the preliminary
plan have been completed and acknowledged by the Borough as having
been completed correctly when said improvements were not assured by
a financial improvements guarantee.
B.
Application requirements. All final plan applications will include
the following:
(1)
Eight copies of the final plan prepared in compliance with §§ 315-29, 315-31, 315-32 or 315-33 of this chapter. Additional copies will be submitted if the proposed site is a project of regional significance. The applicant is also responsible for providing the necessary copies for sewage planning review. (Additionally, applicants are encouraged to submit an electronic copy of the plan as a Portable Document Format [.pdf] file.)
(2)
Three copies of all reports, deed covenants, notifications, regulatory
permit applications and reviews, and certifications which are not
provided on the final plan, including but not limited to traffic engineer
reports, stormwater management narrative and calculations, improvements
guaranty, and maintenance and use agreements.
(3)
One completed "Borough of Lewisburg Application for Subdivision or
Land Development" form with all information legible and bearing the
required signatures.
(4)
Appropriate filing fee in the form of a check or money order made
payable to the Borough of Lewisburg for an amount established by a
fee schedule adopted by resolution of the Borough Council.
C.
Incomplete applications. The Borough or Designated Administrator
will have seven days from the date an application is submitted to
check the plans and accompanying documents to determine, if on their
face, they are in proper form and contain all the information required
by this chapter. If incomplete, the application will be returned to
the applicant with a statement that the application is incomplete
within the seven-day period; otherwise, the application will be deemed
accepted for filing. Acceptance will not constitute a waiver of any
deficiencies or irregularities.
D.
Conformance with Preliminary Plan. Final plans will conform in all
important respects with the approved preliminary plan otherwise the
plan submitted will be considered as a revised preliminary plan.
E.
Distribution of copies. Upon receipt of a completed application,
the Borough or designated administrator will distribute one copy of
the final plan and any related documentation to the following, as
appropriate, for their review and report:
(1)
Borough Office.
(2)
Borough Planning Commission.
(3)
Borough Zoning Officer.
(4)
Borough Engineer.
(5)
Municipalities within 1/2 mile of the proposed site if the project
is expected to generate 200 or more vehicle trips per day or is otherwise
deemed to be of regional significance.
(6)
Union County Planning Commission.
F.
Phased development. The final plan may be submitted in phases as
long as the following conditions are met:
(1)
Each phase covers a reasonable portion of the entire proposed subdivision
or land development as shown on the approved preliminary plan.
(2)
Each phase, except for the last section, contains a minimum of 25%
of the total number of units to be occupied as depicted on the approved
preliminary plan unless the Borough approves a lesser percentage for
one of the phases.
(3)
A schedule is submitted indicating the intended submission of final
plans for remaining phases.
(4)
Final plan approval of all phases is within five years of preliminary
plan approval.
G.
Borough action. The Borough will review and render a decision to
approve the final plan as submitted, to approve the plan subject to
conditions specified by the Borough, or to disapprove the plan at
a scheduled public meeting not later than 90 days after such application
for final plan approval was officially filed or after order of the
court remanding an application, unless the applicant and the Borough
mutually agree in writing to an extension of time.
H.
Written decision. The applicant will be notified in writing, via
certified, return receipt requested mail, of Borough action within
15 calendar days following the decision. Said notice will be mailed
to the last known address of the applicant on file at the Borough
Office with a copy of said notification provided as appropriate to
the following:
I.
Acceptance of conditions. If an application for a final plan is approved
subject to conditions, such conditions will be specified by the Borough
and will be accepted by the applicant in writing within 15 days after
the written decision of the Borough is delivered to the applicant,
or the approval will be automatically rescinded.
J.
Approval pending receipt of additional information. When a final
plan is conditionally approved, the applicant will submit revised
plans and necessary documents to the Borough for approval by the staff
within 45 days of acceptance of the conditions. Failure to meet the
conditions of plan approval within 45 days will constitute an automatic
disapproval of the plan, unless the Borough and the applicant mutually
agree upon a time extension For plans conditionally approved, the
date of official plan approval will be the date on which all conditions
are met.
K.
Specified defects. If an application for a final plan is disapproved
as filed, the decision will specify the defects found in the application
and identify the requirements that have not been met, citing the provisions
of the statute or ordinance relied upon.
L.
Deemed approval. Failure of the Borough to render a decision and
communicate it to the applicant in the manner prescribed herein will
be deemed approval of the application as presented.
M.
Final plan certification. After receipt of final plan approval and
compliance with all conditions of approval, the Borough will execute
the plan approval certification with one copy being retained by the
Borough and one copy provided to the applicant along with any other
copies deemed necessary by the applicant. No final plan will be recorded
with the Office of the Union County Recorder of Deeds without bearing
the original signatures of the Borough Planning Commission Chairperson
and the Borough Council President and Vice President denoting approval
of the plan.
N.
Assignment of uniform parcel identifier. Prior to the acceptance
of a plan for recording by the Union County Recorder of Deeds the
applicant will obtain and show on the plans a uniform parcel identifier
assigned by the Union County Tax Assessment Office for each parcel.
O.
Recording. Approval of a final plan application by the Borough will
entitle the applicant to record the plan in the Office of the Union
County Recorder of Deeds once necessary approval signatures and certificates
are executed. A final plan approved by the Borough will be recorded
by the applicant in the Office of the Union County Recorder of Deeds
within 90 days of the Borough approval date noted on the plan. Failure
of the applicant to record the plan within this time will render the
plan null and void unless a time extension is requested by the applicant
in writing and is granted by the Borough in writing prior to the expiration
date Under no circumstances will a plan be recorded as an attachment
to or an exhibit of the instrument of conveyance.
P.
Sale of lots. The sale of lots and/or construction of proposed buildings in a subdivision or land development will not commence until the approved final plan is filed and recorded with the Union County Recorder of Deeds Office The Borough may seek preventive remedies, injunctions or enforcement remedies in accordance with Article X, §§ 315-86, 315-87 and 315-88 of this chapter if lots are sold or occupancy of buildings occurs prior to final plan approval.
Q.
Effect of ordinance changes on approval. When an application has
been granted final plan approval, no change in this chapter or in
any applicable Borough ordinance will adversely affect the right of
the applicant to commence and to complete any aspect of the approved
development in accordance with the terms of such approval within five
years. Where final plan approval is preceded by preliminary plan approval
the five-year period will be counted from the date of preliminary
plan approval.
After final plan approval and upon completion of all required improvements, the applicant or developer will submit at the request of the Borough Council an as-built plan prepared in compliance with § 315-34 of this chapter showing the location, dimension and elevation of all improvements. As-built plans generally will be required when constructed improvements and developed conditions deviate from the originally approved plan. The as-built plan will specify all deviations from the previously approved drawings. Five copies of the as-built plan will be submitted to Borough Council. Depending on the severity of the deviations from the approved plan shown by the as-built plan, a full subdivision and land development plan revision may need to be submitted and approved.
A.
The Borough Engineer and/or other consultant experienced in a particular
discipline will review any application that involves engineering or
other specialized considerations, and any comments received from said
engineer and/or other consultants will be considered a part of the
application review and incorporated therein. Costs of such review
by the Borough Engineer and/or other consultants will be borne by
the applicant.
B.
Where a conflict of interest arises due to an application being filed
by the Borough Engineer or other consultant or their office, the Borough
will appoint an independent engineer or consultant to review said
application.
The Borough or designated administrator may visit any site proposed
for subdivision and/or land development before any action is taken
to approve or disapprove a plan in order to evaluate a plan application
on the basis of the information presented.
