This article provides simplified procedures
for submitting and reviewing minor subdivisions and lot line adjustments.
The following submission and review process
shall apply for minor subdivisions, lot line adjustments, annexations
and what the Borough determines to be minor revisions of previously
approved plans.
A. Final plan submission required. A final plan submission for each minor subdivision or lot line adjustment must be filed by the applicant and reviewed in accordance with the provisions of this Article
VI.
B. Required submissions:
(1) The applicant shall file to the staff at least 25 days prior to a regularly scheduled Borough Council meeting the required fee(s) and required number of copies of required plans and materials (see §
495-33).
(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 §
495-33. Plans for lot line adjustments and minor revisions to previously approved plans shall provide the information required by §
495-34.
(4) The applicant shall provide a copy of the plans for
review to the County Planning Commission. A soil erosion and sedimentation
control plan may be required to be provided to the County Conservation
District.
C. Initial actions by the staff:
(1) The staff shall review the submission items filed
against a checklist for completeness. If the submittal is determined
to be significantly incomplete, the Subdivision Administrator shall
have authority to refuse to process 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 Borough 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;
(c)
Table the acceptance of the submission until
the next Borough Council 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 state time limit
for action shall not begin until such acceptance; or
(d)
Recommend that the plan be rejected by Borough
Council for just cause.
(2) The staff shall retain in the Borough's files one
copy of all materials submitted by the applicant.
(3) The staff shall forward copies of the submittal to
any Borough Planning Commission that has been established and to Borough
Council.
(4) Zoning variances: The Borough may determine that an
application under the Subdivision and Land Development Ordinance 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.
D. Review by Borough Engineer: The Borough may direct
the Borough Engineer to complete a review of the submittal. If such
review is authorized, the applicant shall be responsible to pay the
costs of such review. Such review shall be provided in writing to
the Borough and the applicant.
E. Review by Commission: If a Borough Planning Commission
exists, it may review the submittal and provide recommendations in
writing to Borough Council, provided it allows sufficient time for
action by Borough Council within the time limits of the Pennsylvania
Municipalities Planning Code.
F. Review by Borough Council: Borough Council shall:
(1) Review the report of the Commission and any reports
received from any other official reviewing agencies;
(2) Determine whether the final plan submission meets
the requirements of this chapter and other applicable ordinances;
and
(3) Approve, conditionally approve or reject the final
plan submission within the time required by the Pennsylvania Municipalities
Planning Code, as amended.
(4) County Planning Commission review: 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.
G. Decision by Borough Council:
(1) The decision of Borough Council 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) Effect of approval on dedications of land:
(a)
The approval of the final plan by Borough Council
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 Borough Council elects to accept lands offered
for dedication, the submission shall be accompanied by duly executed
instruments of conveyance to the Borough. Such instruments shall state
that the title thereof is free and unencumbered.
(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.
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 §
495-34. This list of requirements shall serve as both a list of requirements, and as a checklist for the applicant and the Borough to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application.