This chapter lists the requirements for final plans for a major subdivision or any land development. See the requirements of Article VIII for a project that only involves:
A.
Final plan submission required.
(1)
A final plan submission for each major subdivision or land development must be filed by the applicant and reviewed in accordance with the provisions of this Article VII.
(2)
A final plan shall only be submitted after a preliminary
plan has been approved by the Planning Commission, if a preliminary
plan is required.
B.
Final plan submission deadline.
(1)
An applicant shall file a final plan submission within
five years from the date of the approval of the preliminary plan by
the Planning Commission.
(2)
Failure to comply with this requirement shall render
the preliminary plan submission null and void, and a new preliminary
plan submission must be filed.
C.
Filing and distribution.
(1)
The applicant shall file with the city staff at least 14 calendar days prior to a regular Planning Commission meeting (not including workshop meetings) all of the required plans, information and fees listed in § 423-34 of this chapter.
(2)
The city staff shall forward applicable plans to the
following agencies to seek their comments prior to final plan approval:
(a)
The appropriate city staff [including one official
file copy of all materials submitted by the applicant].
(b)
The City Planning Commission [including copies
of the application form, at least one copy of the preliminary plan
checklist, several copies of the preliminary plan and at least one
copy of the supporting documents], with such information provided
at or before the next regularly scheduled meeting of the Commission.
(3)
Applicant's distribution. It is the applicant's responsibility
to:
(a)
Provide copies to the City Engineer, the same
day as the submittal is made to the Plans Administrator.
(b)
Provide copies to the City Fire Chief (layout
plan and hydrant and water system information, unless such information
was already approved at the preliminary plan level and is not proposed
to change from such plan).
(c)
Make agreements with the appropriate utility
companies, including but not limited to the Scranton Area Sewage Authority
and the water supplier.
(d)
Provide information to PennDOT that is required
for any needed permit for access to or work within a state road right-of-way.
(e)
Provide information to Pennsylvania DEP or other
agencies for any permits that might be required.
(f)
Submit a copy of the soil erosion and sedimentation
plan to the County Conservation District, and pay their required review
fees, if earth disturbance is proposed, and if such erosion control
plan was not approved at the preliminary plan level.
(g)
Provide a copy of the plans to the County Planning
Commission.
(4)
The filing of the final plan shall conform with the
approved preliminary plan and any conditions and changes recommended
by the city during the preliminary plan review.
(5)
Revisions. A list of revisions from a previously submitted
plan shall be provided whenever a revised plan is submitted.
D.
Determination of completeness by Commission.
(2)
If the submission is returned, the submission shall
have been considered to have never been officially accepted for action
by the city.
(3)
Regardless of whether the City Engineer did not return a submission under Subsection A(1) above, the Commission shall have authority, at its first regularly scheduled meeting after the submission is filed in a timely fashion, to determine that a submission is significantly incomplete and to do one of the following:
(a)
Not officially accept the submission, indicating
deficiencies, in writing, and return the fee (minus the costs of any
city review) to the applicant.
(b)
Officially accept the submission as being filed
for review on the condition that the applicant shall file such additional
required materials and information to the staff or appropriate agency
or person by a specific deadline.
(c)
Table the official acceptance of the submission
until the next Planning Commission meeting after the applicant has
met all of the submittal requirements within the required time period
prior to the meeting. The ninety-day time limit for action shall not
begin until the plan is accepted as complete.
(d)
Reject the application for just cause, such
as the submission being significantly incomplete.
(4)
If the Commission determines that the submission is
significantly complete, as filed and as required, the Commission shall
accept the plans and may begin its review.
(5)
If the Commission determines that a final plan submission,
as filed, departs substantially from the approved preliminary plan,
the Commission may classify the submission as a revised preliminary
plan (with the applicable review fees required) and process the application
as such.
E.
Review by the Subdivision Bureau.
(2)
The Subdivision Bureau (including the City Engineer)
should review the engineering considerations of the submission and
prepare report(s) to the Commission.
(3)
Policy matters that should be dealt with directly
by the Planning Commission should be listed separately from technical
engineering considerations.
(4)
The applicant and/or his/her plan preparer shall make
reasonable efforts to resolve technical engineering considerations
outside of and prior to Planning Commission meetings. The City Engineer
may require the applicant or his/her plan preparer to meet with the
City Engineer for this purpose.
F.
Review by Commission.
(1)
The applicant and the preparer of the plans are expected
to attend Planning Commission meeting(s) where his/her submission
will be reviewed. If the Commission has insufficient information to
render a decision as a result of such nonattendance, such attendance
may result in disapproval of the submission.
G.
Decision by the Planning Commission. The Planning
Commission shall:
(1)
Approve, conditionally approve or reject the final
plan submission within the time required by the Pennsylvania Municipalities
Planning Code.[1]
[NOTE: As of 1994, state law generally requires:
(a) the Planning Commission to act not later than 90 days following
the date of the first regular meeting of the Commission held after
it has been property filed; but, in no case shall the Planning Commission's
decision be made later than 120 days following the date the submission
was duly submitted, unless the applicant grants a written extension
of time; and (b) that no subdivision or land development shall be
granted final approval until a report is received from the County
Planning Commission or until the expiration of 30 days from the date
the application was forwarded to the County Planning Commission.]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
Notice to applicant. The decision of the Planning
Commission shall be in writing and shall be communicated to the applicant
personally or mailed to him/her at his/her last known address not
later than 15 days following the decision.
(3)
Dedications.
(a)
The approval of the final plan by the Planning
Commission shall not by itself constitute an acceptance of the dedication
of any street or other proposed public way, space or area, unless
the such acceptance is specified at such time.
(b)
Any such acceptance of dedication shall only
occur after formal action of the city at such time.
(c)
As part of an improvements agreement, if the
City Council elects to accept lands offered for dedication, the submission
shall be accompanied by duly executed instruments of conveyance to
the city. Such instruments shall state that the title thereof is free
and unencumbered.
(4)
Disapproval. When a final plan submission is disapproved,
the decision shall specify defects found in the submission, shall
describe requirements which have not been met and shall cite the provisions
of ordinance section(s) relied upon.
(5)
Conditions. The Planning Commission may attach reasonable
conditions to an approval to ensure the carrying out of the Comprehensive
Plan, this chapter, other city ordinances and state laws and regulations
and to protect the public health and safety.
(6)
Acceptance of conditions. Any conditions on the approval
shall be mailed or otherwise provided, in writing, to the applicant
or his/her official representative. If the applicant provides notice
to the city that he/she rejects one or more conditions within 30 days
after the Planning Commission action, then the submission shall be
considered to have been rejected. The applicant is requested to provide
notice, in writing, that the conditions have been accepted. However,
if the applicant does not respond regarding the conditions or otherwise
file an official appeal within 30 days after the Planning Commission
action, then all of the conditions shall automatically be considered
to have been accepted by the applicant.
H.
Development in stages.
(1)
If requested by the applicant, the Planning Commission
may permit the undertaking of the required improvements and the preparation
of the final plan to be completed in a series of sections or stages,
each covering a portion of the proposed subdivision or land development
as shown on the preliminary plan.
(2)
If final plans are to be filed in sections or stages,
each section or stage shall provide sufficient access, utilities and
amenities to allow the development to properly function if future
stages are not built.
(3)
The boundaries of phases and the timing of related
improvements shall be subject to the approval of the Planning Commission.
A.
B.
The required information listed in this section may
be combined or separated onto different sheets, provided that the
plans will be clearly readable.
