City of Scranton, PA Minor Subdivisions and Lot Line Adjustments

The applicant shall file to the staff at least 14 days prior to a scheduled Planning Commission regular meeting the required fee(s) and required number of copies of required plans and materials (see § 423-37). The applicant shall also deliver one of the complete copies of the submittal to the City Engineer on the same day as the submittal is made to the Plans Administrator.

If a state road is involved, the applicant shall forward the required information to PennDOT and apply for a highway occupancy permit. If such permit is not granted prior to final plan approval, then it shall automatically be a condition of final plan approval and the plans shall not be recorded until it is granted.

Each final plan filed for minor subdivisions shall provide the information required by § 423-37. Plans for lot line adjustments shall provide the information required by § 423-38.

(4)

The applicant shall provide a copy of the plans for review to the County Planning Commission. A soil erosion and sedimentation control plan shall be provided to the County Conservation District if earth disturbance is involved.

Initial actions by the staff.

The staff shall review the submission items filed against a checklist for completeness and shall report such review to the Commission at its next regularly scheduled meeting.

The staff shall retain in the Commission's files one copy of all materials submitted by the applicant.

The staff shall forward to the Commission at or before the next regularly scheduled meeting of the Commission:

At least one copy of the application form.

At least one copy of the final plan checklist.

Several copies of the final plan.

At least one copy of the supporting documents.

(4)

If the City Engineer determines that a submission is significantly incomplete, the City Engineer shall have the authority:

Within 14 days after a submission to return the submission to the applicant; or

To recommend action by the Planning Commission as provided in Subsection C(4)(b)[1] below.

[1]

If the submission is returned, the submission shall have been considered to have never been officially accepted for action by the city.

Determination of completeness by Commission.

Regardless of whether the City Engineer did not return a submission under the above subsection, 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 therefore to refuse to review the submission further and to do one of the following:

Not accept the submission, indicating the deficiencies, and return the fee (minus the costs of any city review) to the applicant.

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 within a certain number of days from the date of such acceptance.

Table the acceptance of the submission until the next Planning Commission meeting where the applicant has met all of the submittal requirements and has filed such materials within the required time period prior to the meeting. The ninety-day time limit for action shall not begin until such acceptance.

Reject the submission for just cause, such as the submission being significantly incomplete.

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.

Zoning variances. An application under this chapter shall not be considered to be complete if one or more zoning variances will be required for the subdivision or land development to legally occur as submitted, until such time as the needed zoning variances have been granted.

Review by Subdivision Bureau. The Subdivision Bureau (including the City Engineer) should review the engineering considerations in the plan and prepare report(s) on such considerations to the Commission.

Decision by the Planning Commission.

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.

The Planning Commission shall accomplish the following within the time limitations of the Pennsylvania Municipalities Planning Code[1] (unless the applicant grants a written time extension).

Review all applicable reports received from the appropriate review agencies and officers.

Determine whether the final plan submission meets the requirements of this chapter and other applicable ordinances.

Review the final plan submission and recommend any needed revisions so that the submission will conform to this chapter and other applicable ordinances.

Approve, conditionally approve or reject the final plan submission within the time required by the Pennsylvania Municipalities Planning Code.

[NOTE: As of 1994, that law generally requires 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 duly filed for review; but, in no case shall the Planning Commission's decision be made later than 120 days following the date the submission was accepted as being filed for review, unless the applicant grants a written extension of time.]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

If 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 the statute or ordinance relied upon in each case.

Review by the County Planning Commission. No subdivision or land development shall be granted final approval until a report is received from the County Planning Commission or until 30 days have passed from the date the application was forwarded to the County Planning Commission.

Actions after decision by the Planning Commission.

The decision of the Planning Commission shall be in writing and shall be communicated to the applicant personally or mailed to him/her at the last known address not later than 15 days following the decision.

Approval.

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 such acceptance is specifically made at such time.

Any such acceptance of dedication shall be specifically stated along with the signatures required for approval.

If the Planning Commission 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.

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 concerning 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.

§ 423-37 Minor subdivision final plan requirements.

All of the following information and materials listed in this section are required as part of all minor subdivision submissions, other than lot line adjustments or submittals under § 423-38. This list of requirements shall serve as both a list of requirements and as a checklist for the applicant and the city to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application.

§ 423-38 Lot line adjustments, annexations and minor revisions of approved plans.

The reduced submission and approval requirements listed in this section shall only apply, if either of the following apply:

[Amended 4-30-2018 by Ord. No. 9-2018]

The proposal will meet the definition of a "lot line adjustment"; and/or

In the determination of the City Planning Director, which may be based upon the advice of the City Engineer, the proposal will involve revisions to a previously approved plan, and those revisions involve only changes in the supporting documentation or engineering details or to correct erroneous data or minor omissions concerning a plan previously granted final plan approval.

The following list of requirements shall serve as both a list of requirements and as a checklist for the applicant and the city to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application. The required information listed in this section may be combined or separated onto different sheets, provided that the plans will be clearly readable.

Additional information. The City Subdivision Bureau may require that a plan under this section include the submission of specific additional information that would be required if the plan would be a final minor subdivision plan, if such specific information is necessary to determine compliance with this chapter.

[Amended 4-30-2018 by Ord. No. 9-2018]

Annexed lands under this section shall be made part of the larger lot and included within the description in the new deed.

[Amended 4-30-2018 by Ord. No. 9-2018]

Decision by the City Subdivision Bureau. Plans submitted under this section may be approved by the City Subdivision Bureau instead of the City Planning Commission. Such approval will be denoted by the both the signature and date of the City Engineer and City Planner on the plan. Where the City Subdivision Bureau determines that a plan submitted under this section warrants review by the City Planning Commission due to its impact and/or intensity, it shall not take final action and refer the plan to City Planning Commission for review.

[Added 4-30-2018 by Ord. No. 9-2018]

The City Subdivision Bureau shall accomplish the following within the time limitations of the Pennsylvania Municipalities Planning Code[1] (unless the applicant grants a written time extension):

Review of applicable reports received from the appropriate review agencies and officers;

Determine whether the final plan submission meets the requirements of this chapter and other applicable ordinances;

Review the final plan submission and recommend any needed revisions so that the submission will conform to this chapter and other applicable ordinances; and

Approve, conditionally approve or reject the final plan submission and recommend any needed revisions so that the submission within the time frame required by Pennsylvania Municipalities Planning Code.[2]

[2]

Editor's Note: So in original.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[Added 4-30-2018 by Ord. No. 9-2018]

Actions after decision by the Subdivision Bureau.

[Added 4-30-2018 by Ord. No. 9-2018]

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 Subdivision Bureau 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 concerning the conditions or otherwise file an official appeal within 30 days after the Subdivision Bureau action, then all of the conditions shall automatically be considered to have been accepted by the applicant.