This Article provides simplified procedures
for submitting and reviewing minor subdivisions, land developments
involving only a single nonresidential building and lot line adjustments.
The following submission and review process
shall apply for minor subdivisions, lot line adjustments, annexations,
land developments involving only a single nonresidential building
and what the city determines to be minor revisions of approved plans.
A. Final plan submission required. A minor subdivision or lot line adjustment is not required to submit a preliminary plan, but shall be required to submit a final plan meeting the provisions of this Article
VIII.
B. Required submission.
(1) 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.
(2) 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.
(3) 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.
C. Initial actions by the staff.
(1) 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.
(2) The staff shall retain in the Commission's files one
copy of all materials submitted by the applicant.
(3) The staff shall forward to the Commission at or before
the next regularly scheduled meeting of the Commission:
(a)
At least one copy of the application form.
(b)
At least one copy of the final plan checklist.
(c)
Several copies of the final plan.
(d)
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:
(a)
Within 14 days after a submission to return
the submission to the applicant; or
(b)
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.
D. Determination of completeness by Commission.
(1) 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:
(a)
Not accept the submission, indicating the deficiencies,
and return the fee (minus the costs of any city review) to the applicant.
(b)
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.
(c)
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.
(d)
Reject the submission for just cause, such as
the submission being significantly incomplete.
(2) 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.
(3) 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.
E. 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.
F. Decision by the Planning 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.
(2) The Planning Commission shall accomplish the following
within the time limitations of the Pennsylvania Municipalities Planning
Code (unless the applicant grants a written time extension).
(a)
Review all applicable reports received from
the appropriate review agencies and officers.
(b)
Determine whether the final plan submission
meets the requirements of this chapter and other applicable ordinances.
(c)
Review the final plan submission and recommend
any needed revisions so that the submission will conform to this chapter
and other applicable ordinances.
(d)
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.]
(3) 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.
G. 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.
H. Actions after decision by the Planning Commission.
(1) 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.
(2) Approval.
(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
such acceptance is specifically made at such time.
(b)
Any such acceptance of dedication shall be specifically
stated along with the signatures required for approval.
(c)
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.
(3) 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.
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.