A.
There are three stages in the procedure for approval
of subdivision and land development plans. These stages are necessary to enable
the Planning Commission and the governing body to have an adequate opportunity
to review the submissions and to ensure that their formal recommendations
are reflected in the final plans.
B.
The separate stages of approval include the submission
of an optional sketch plan, a preliminary application and a final application.
The table below indicates the recommended and required plans for the different
types of submissions.
|
Plan Approval
Stage
|
Type of Submission
| |||
|---|---|---|---|---|
|
Plan
|
Minor Subdivision
|
Major Subdivision
|
Land Development
| |
|
Sketch (see § 268-11)
|
Recommended
(not required)
|
Recommended
(not required)
|
Recommended
(not required)
| |
|
Preliminary
|
Not required
|
Required
|
Required
| |
|
Final
|
Required
(see § 268-14)
|
Required
(see § 268-13)
|
Required
(see § 268-13)
| |
C.
Sketch plans should require no more than a sixty-day
review period. The review process required for preliminary and final applications
shall include no more than 90 days starting from the date of the regular meeting
of the Planning Commission next following the date the application is accepted
by the Secretary, provided that, should the next regular meeting occur more
than 30 days following the acceptance of the application, the said ninety-day
period shall be measured from the 30th day following the day the application
has been accepted, and ending with the applicant being notified of the decision
of the Planning Commission or governing body.
D.
The submission of a preliminary or final application
that, in the opinion of the Planning Commission, has been substantially revised
shall constitute a new and separate submission. Resubmission shall also be
required if, subsequent to approval, an applicant proposed to modify the implementation
schedule by converting to a staged development or by increasing the number
of stages.
F.
Prior to the initial submission, the applicant is encouraged
to meet informally with the Borough Planning Commission and the Borough Zoning
Officer to obtain information regarding zoning, and subdivision/land development
requirements.
G.
No plan will be considered for review by the Borough
Planning Commission unless it is submitted at least 10 days prior to its subsequent
meeting, and unless all required fees are submitted.
H.
No application will be considered at a meeting of the
Planning Commission unless the applicant, or a designated representative,
is in attendance; provided, however, that the Planning Commission may consider
such application for action in the event that action is required in order
to preclude a deemed approval or such other concerns of the Planning Commission
that it deems essential for consideration.
I.
Failure of the Planning Commission or the governing body,
as the case may be, to render a decision and communicate it to the applicant
within the time and in the manner required herein shall be deemed an approval
of the application in terms as presented unless the applicant has agreed in
writing to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the extended
time or change in manner of presentation of communication shall have like
effect.
J.
When an application is approved "with modifications"
the developer shall agree to such modifications in writing. Failure to return
such a written acceptance within 30 days of notification shall result in disapproval
of the plan.
A.
Purpose.
(1)
The purpose of the sketch plan, which is an optional
submission, is to afford the applicant the opportunity to consult early and
informally with the Planning Commission before the preparation of the preliminary
or final application for approval.
(2)
During the sketch plan process, the applicant can advantageously
make use of the services of the Planning Commission to help analyze the problems
of the development and plan more adequately for its sound coordination with
the community. The sketch plan process also affords the opportunity to give
informal guidance to the applicant at a stage when potential points of difference
can be more easily resolved. It can also simplify official action and save
unnecessary expense and delay.
B.
Deposits and fees.
(1)
Deposits and fees for the different types of subdivision and land development submissions are listed in § 268-9 hereof. Fees pursuant to the Lackawanna County Regional Planning Commission Fee Schedule shall also be required.
(2)
The Secretary shall collect and immediately deposit all
municipal fees in the proper bank account as directed by the governing body,
and shall collect and transmit all other fees to applicable agencies.
C.
Procedure.
(2)
The applicant shall submit nine copies of the sketch
plan and one application form to the Secretary or to the Zoning Officer.
(3)
The Secretary shall check the submission for completeness
and if the submission is incomplete shall notify the applicant within seven
days and indicate the deficiencies. If the application is complete, the Secretary
or the Zoning Officer shall accept the sketch plan and application form.
(7)
The Planning Commission may, within 30 days following
acceptance of the sketch plan application, meet with the applicant or applicant's
representative to review the submission.
(8)
The Planning Commission should, within 60 days following
acceptance of the sketch plan application:
(a)
Review the recommendations of the Engineer and the Zoning
Officer;
(b)
Determine whether the sketch plan meets the objectives
and requirements of this chapter and other pertinent regulations and ordinances;
(c)
Recommend revisions, if any, so that the subsequent preliminary
or final plan will conform to municipal regulations and ordinances; and
(d)
Forward their recommendations to the applicant and to
the governing body for informational purposes.
A.
Purpose. The purpose of the preliminary application is
to arrive at a final plan that is acceptable to both the applicant and the
municipality.
B.
General.
(1)
A preliminary application shall be submitted conforming
to the changes recommended during the sketch plan process, if any.
(2)
The preliminary application, and all plans and information
and procedures relating thereto, shall in all respects be in compliance with
the provisions of this chapter, except where variation therefrom may be requested
pursuant to this chapter.
C.
Deposits and fees.
(1)
Deposits and fees for the different types of subdivision and land development submissions are specified in § 268-9 hereof. Fees pursuant to the Lackawanna County Regional Planning Commission and the Lackawanna County Soils Conservation Service Fee Schedules shall also be required.
(2)
The Secretary shall collect and immediately deposit all
municipal fees in the proper bank account as directed by the governing body,
and shall collect and transmit all other fees to applicable agencies.
D.
Procedure.
(4)
The Secretary or the Zoning Officer shall check the submission for completeness. No application shall be deemed complete unless and until all items in Subsection D(3)(a) to (d), hereinabove, have been submitted. If the submission is incomplete, the Secretary shall notify the applicant within seven days and indicate the deficiencies. If the application is complete, the Secretary or the Zoning Officer shall accept the preliminary application, application form and fees.
(5)
The Secretary shall immediately distribute copies of
the preliminary plan, application forms and applicable fees in the following
manner:
(a)
Two copies of the preliminary plan and application forms
and one copy of the planning module for land development to the Lackawanna
County Regional Planning Commission.
(b)
One copy of the preliminary plan and application forms
and one copy of the planning module to the Engineer
(c)
One copy of the preliminary plan and application forms
to the Zoning Officer.
(d)
One copy of the preliminary plan and application forms
to the Fire Chief.
(e)
One copy of the preliminary plan and application forms
to the Lackawanna County Conservation District.
(f)
Five copies of the preliminary plan and application forms
and two planning modules for land development to be retained by the Secretary
for the use of municipal officials.
(9)
The Planning Commission may, within 30 days following
acceptance of the preliminary application, meet with the applicant to review
the submission.
(10)
The Lackawanna County Regional Planning Commission shall,
within 30 days from the date that the preliminary application was forwarded
to said Commission, review the preliminary application and prepare a report
for the municipality's Planning Commission and governing body.
(11)
The Planning Commission should, within 75 days, and shall
within 90 days following the date of the first meeting of the Planning Commission
next following the date of the acceptance of the preliminary application:
(a)
Review the reports of the Lackawanna County Regional
Planning Commission, the Lackawanna County Soils Conservation Service and
the recommendations of the Engineer, Fire Chief and Zoning Officer and other
reviewing agencies;
(b)
Discuss the submission with the applicant;
(c)
Determine whether the preliminary application meets the
objectives and requirements of this chapter and other pertinent regulations
and ordinances;
(d)
Recommend revisions, if any, so that the plan will conform
to municipal codes and ordinances; and
(e)
Approve or disapprove the preliminary application. If
approved the Planning Commission shall express its approval and state the
conditions of approval, if any. If disapproved, the Planning Commission shall
state the reasons for this action.
(12)
The decision of the Planning Commission shall be in writing
and shall be communicated to the applicant (or his agent) personally or mailed
to him at the last known address not later than 15 days following the decision
or within such time limits as may be required by the Pennsylvania Municipalities
Planning Code.[2] The decision shall be mailed to the applicant via certified mail
with a return receipt requested.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(13)
Approval of the preliminary application shall not constitute approval of the final application or authorize the sale of lots or construction of buildings; it shall only authorize the construction of required improvements pursuant to Article VII hereof.
(14)
If the preliminary application is disapproved, the applicant
may file a revised preliminary application with the Secretary in order to
secure approval. No fee will be charged for the first revision, but all successive
submissions shall pay the fee for preliminary application and shall replenish
the escrow deposit to its original amount.
A.
Purpose. The purpose of the final application is to require formal approval by the governing body before plans for all subdivisions and land developments are recorded as required by § 268-15.
B.
General.
(1)
The final application shall conform to the preliminary
application, as approved; provided, however, that where a proposed land development
does not include any public improvements, the applicant may submit a written
request to the governing body to authorize a combined preliminary and final
application.
C.
Deposits and fees.
(1)
Deposits and fees for the different types of subdivision and land development submissions are set forth in § 268-9 hereof. Fees pursuant to the Lackawanna County Regional Planning Commission and the Lackawanna County Soils Conservation Service Fee Schedules shall also be required.
(2)
The Secretary shall collect and immediately deposit all
municipal fees in the proper municipal bank account as directed by the governing
body, and shall collect and transmit all other fees to applicable agencies.
D.
Procedure.
(3)
The Secretary shall check the submission for completeness. No application shall be deemed complete unless and until all items in Subsection D(2)(a) to (d) hereinabove have been submitted. If the submission is incomplete, the Secretary shall notify the applicant within seven days and indicate the deficiencies. If the application is complete, the Secretary shall accept the final application, including the application form and fees.
(4)
The Secretary shall immediately distribute copies of
the final application and applicable fees in the following manner:
(8)
The Planning Commission may, within 30 days following
acceptance of the final application, meet with the applicant to review the
submission.
(9)
The Lackawanna County Regional Planning Commission shall,
within 30 days from the date that the final plan was forwarded to said Commission,
review the final plan and prepare a report for the municipality's Planning
Commission and governing body.
(10)
The Planning Commission should, within 75 days, and shall
within 90 days following the date of the first meeting of the Planning Commission
next following the date of the acceptance of the final plan application:
(a)
Review the reports of the Lackawanna County Regional
Planning Commission and the recommendations of the Engineer, Zoning Officer,
Solicitor, and other reviewing agencies;
(b)
Discuss the submission with the applicant;
(d)
Recommend revisions, if any, so that the application
will conform to municipal regulations and ordinances; and
(e)
Approve or disapprove the final application. If disapproved,
the governing body shall state the reasons for this action.
(11)
The decision of the Planning Commission shall be in writing
and shall be communicated to the applicant (or his agent) personally or mailed
to him at the last known address not later than 15 days following the decision
or within such time limits as may be required by the Pennsylvania Municipalities
Planning Code.[1] The decision shall be mailed to the applicant via certified mail
with a return receipt requested.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(12)
(13)
If the final plan is disapproved, the applicant may file
a revised final plan with the Secretary in order to secure approval. No fee
will be charged for the first revision, but all successive submissions shall
pay the fee for final plans and shall replenish the escrow deposit to its
original amount.
(14)
When requested by the applicant, in order to facilitate
financing, the governing body shall furnish the applicant with a signed copy
of a resolution indicating approval of the final application contingent upon
the applicant obtaining a satisfactory financial security. The final plat
or record plan shall not be signed nor recorded until the financial improvements
agreement is executed. The resolution or letter of contingent approval shall
expire and be deemed to be revoked if the financial security agreement is
not executed within 90 days unless a written extension is granted by the governing
body; such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
A.
Purpose. In the case of minor subdivisions it is the
purpose of this section to provide a simplified procedure by which said minor
subdivisions may be submitted and approved.
B.
General. In the event that the proposed subdivision shall involve a change in the location of streets, sanitary or storm sewers, water mains, culverts, or other municipal improvements, then the provisions of this section on minor subdivisions shall not be applicable, and the applicant shall be required to comply with the requirements of § 268-13.
C.
Deposits and fees.
(1)
Deposits and fees for the submission of a final minor subdivision plan are specified in § 268-9 hereof. Fees pursuant to the Lackawanna County Regional Planning Commission and Lackawanna County Soils Conservation Service Fee Schedules shall also be required.
(2)
The Secretary shall collect and immediately deposit all
municipal fees in the proper municipal bank account as directed by the governing
body, and shall collect and transmit all other fees to applicable agencies.
D.
Procedure.
(4)
The Secretary or the Zoning Officer shall check the submission for completeness. No application shall be deemed complete unless and until all items in Subsection D(3)(a) to (d) hereinabove have been submitted. If the submission is incomplete, the Secretary shall notify the applicant within seven days and indicate the deficiencies. If the application is complete, the Secretary or the Zoning Officer shall accept the final minor subdivision plan, application form and fees.
(5)
The Secretary shall immediately distribute copies of
the final minor subdivision plan, application form and applicable fees in
the following manner:
(a)
Two copies of the preliminary plan and application forms
and one copy of the planning module for land development to the LCRPC.
(b)
Two copies of the preliminary plan and application forms
to the Engineer.
(c)
One copy of the preliminary plan and application forms
to the Zoning Officer.
(d)
One copy of the preliminary plan and application forms
to the Solicitor.
(e)
One copy of the preliminary plan and application forms
and four copies of the planning module for land development to the Lackawanna
County Soils Conservation Service.
(f)
Five copies of the preliminary plan and application forms
and one planning module for land development to be retained by the Secretary
for use of municipal officials.
(9)
The Planning Commission may, within 30 days following
acceptance of the final minor subdivision application, meet with the applicant
to review the submission.
(10)
The Lackawanna County Regional Planning Commission shall,
within 30 days from the date that the final minor subdivision application
was forwarded to said Commission, review the final minor subdivision application
and prepare a report for the municipality's Planning Commission.
(11)
The Planning Commission should, within 60 days following
acceptance of the final minor subdivision plan application:
(a)
Review the reports of the Lackawanna County Regional
Planning Commission and Lackawanna County Soils Conservation Service; and
the recommendations of the Engineer, Zoning Officer, Solicitor and other reviewing
agencies;
(b)
Discuss the submission with the applicant;
(c)
Determine whether the final minor subdivision application
meets the objectives and requirements of this chapter and other pertinent
regulations and ordinances;
(d)
Recommend revisions, if any, so that the plan will conform
to municipal regulations and ordinances.
(12)
The Planning Commission should, within 75 days, and shall
within 90 days following the date of the first meeting of the Planning Commission
next following the date of the acceptance of the final minor subdivision plan
application:
(a)
Review the reports of the Lackawanna County Regional
Planning Commission and Lackawanna County Soils Conservation Service, and
the recommendations of the Engineer, Zoning Officer, Solicitor and other reviewing
agencies;
(b)
Determine whether the final minor subdivision plan meets
the objectives and requirements of this chapter and other pertinent regulations
and ordinances; and
(c)
Approve or disapprove the final minor subdivision application.
If disapproved, the Planning Commission shall state the reasons for this action.
(13)
The decision of the Planning Commission shall be in writing
and shall be communicated to the applicant (or his agent) personally or mailed
to him at the last known address not later than 15 days following the decision
or within such time limits as may be required by the Pennsylvania Municipalities
Planning Code.[2] The decision shall be mailed to the applicant via certified mail
with a return receipt requested.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(14)
If the final minor subdivision application is approved:
(a)
The Planning Commission shall adopt a resolution approving
the final minor subdivision application.
(15)
If the final minor subdivision application is disapproved,
the applicant may file a revised final minor subdivision plan with the Secretary
or the Zoning Officer in order to secure approval. No fee will be charged
for the first revision, but all successive submissions shall pay the fee for
final minor subdivision plans and shall replenish the escrow deposit to its
original amount.
A.
Prior to recording the approved final plan, the applicant shall submit two Mylar copies and two paper copies of said plan to the Secretary in order to obtain the seals and signatures of municipal officials, as required by § 268-22. One set shall be retained by the Borough and one set shall be recorded by the applicant.
B.
Copies of the approved final plan shall, within 90 days
of the date of approval or 90 days after the date of delivery of an approved
plat following completion of conditions imposed for such approval, whichever
is later, be recorded by the applicant in the office of the Recorder of Deeds
of Lackawanna County. The applicant shall notify the governing body or the
Planning Commission as the case may be in writing of the date of such recording
and the plan book and page wherein such subdivision or land development is
recorded. If the plan is not recorded within the ninety-day period, the approval
shall lapse and become void.
C.
Effect of recording.
(1)
After a subdivision or land development has been duly
recorded, the streets, parks and other public improvements shown thereon shall
be considered to be a part of the Official Map of the municipality.
(2)
Streets, parks and other public improvements shown on
a subdivision or land development to be recorded may be offered for dedication
to the municipality by formal notation thereof on the plan, or the owner may
note on the plan that such improvements have not been offered for dedication
to the municipality.
(3)
Every street, park or other improvement shown on a subdivision
or land development plan that is recorded, as provided herein, shall be deemed
to be a private street, park or improvement until such time as the same has
been offered for dedication to the municipality and accepted, by resolution,
and recorded in the office of the clerk of the Court of Common Pleas of Lackawanna
County, or until it has been condemned for use as a public street, park or
improvement.
