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.
E. 
Except as required by the Pennsylvania Municipalities Planning Code,[1] the time periods for review set forth in this article shall be construed as directory rather than mandatory.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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.
(1) 
The applicant may prepare the sketch plan and application form, including the data specified in §§ 268-16 and 268-17.
(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.
(4) 
The Secretary shall immediately distribute copies of the sketch plan, application forms and applicable fees in the following manner:
(a) 
One copy to the Engineer.
(b) 
One copy to the Zoning Officer.
(c) 
Five copies to be retained by the Secretary for the use of the Borough of Moosic officials.
(5) 
The Engineer shall, within 30 days following acceptance of the sketch plan application:
(a) 
Review the engineering considerations in the applicant's submission; and
(b) 
Make recommendations to the Planning Commission.
(6) 
The Zoning Officer shall, within 30 days following acceptance of the sketch plan application:
(a) 
Review the zoning considerations in the applicant's submission; and
(b) 
Make recommendations to the Planning Commission.
(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.
(1) 
The applicant shall prepare the preliminary application, including the application form, including the data specified in §§ 268-16 and 268-18.
(2) 
The applicant shall prepare planning modules for land development as required by Chapter 71 of the Pennsylvania Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(3) 
The applicant shall submit to the Secretary or the Zoning Officer:
(a) 
Twelve copies of the preliminary plan.
(b) 
The Moosic Borough subdivision and land development application form.
(c) 
Four copies of the planning module for land development.
(d) 
All applicable fees.
(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.
(6) 
The Engineer shall, within 30 days following acceptance of the preliminary application:
(a) 
Review the engineering considerations in the applicant's submission; and
(b) 
Make recommendations to the Planning Commission and governing body.
(7) 
The Zoning Officer shall, within 30 days following acceptance of the preliminary application:
(a) 
Review the zoning considerations in the applicant's submission; and
(b) 
Make recommendations to the Planning Commission and governing body.
(8) 
The Fire Chief shall, within 30 days following acceptance of the preliminary application:
(a) 
Review the fire protection considerations, in conjunction with the local fire company, in the applicant's submission; and
(b) 
Make recommendations to the Planning Commission and governing body.
(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.
(2) 
The final application and all plans, information and procedures relating thereto shall in all respects be in compliance with the provisions of this chapter, except where variation therefrom may be specifically approved by the Planning Commission pursuant to § 268-54.
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.
(1) 
The applicant shall prepare the final plan and application form, including the data specified in §§ 268-16 and 268-19.
(2) 
The applicant shall submit to the Secretary:
(a) 
Ten copies of the final plan.
(b) 
The Moosic Borough subdivision and land development application form.
(c) 
Written agreements, offers of dedication, covenants and deed restrictions pursuant to §§ 268-53 and 268-80.
(d) 
All applicable fees.
(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:
(a) 
One copy to the Lackawanna County Regional Planning Commission.
(b) 
Two copies to the Engineer.
(c) 
One copy to the Zoning Officer.
(d) 
One copy to the Solicitor.
(e) 
Five copies to be retained by the Secretary for use of municipal officials.
(5) 
The Engineer should, within 30 days following acceptance of the final application:
(a) 
Review the engineering considerations in the applicant's submission; and
(b) 
Make recommendations to the Planning Commission and governing body.
(6) 
The Zoning Officer shall, within 30 days following acceptance of the final application:
(a) 
Review the zoning considerations in the applicant's submission; and
(b) 
Make recommendations to the Planning Commission and governing body.
(7) 
The Solicitor shall, within 30 days following acceptance of the final application:
(a) 
Review the proposed agreements, offers of dedication, covenants and deed restrictions; and
(b) 
Make recommendations to the Planning Commission and governing body.
(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;
(c) 
Determine whether the final application:
[1] 
Meets the objectives and requirements of this chapter and other pertinent regulations and ordinances.
[2] 
Complies with any conditions of preliminary application approval.
(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) 
If the final plan is approved:
(a) 
The Planning Commission shall adopt a resolution approving the final plan.
(b) 
Approval shall not be final until entry into contract and production of completion guaranty as set forth in Article VII, when applicable.
(c) 
Two exact Mylar copies and two exact paper copies of the approved final plan, with the signatures of the required agencies as specified in § 268-22, shall be submitted to the Planning Commission for signatures.
(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.
(1) 
The applicant shall prepare the final minor subdivision application form, including the data specified in §§ 268-16 and 268-20.
(2) 
The applicant shall prepare planning modules for land development as required by Chapter 71 of the Pennsylvania Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(3) 
The applicant shall submit to the Secretary or the Zoning Officer:
(a) 
Twelve copies of the final minor subdivision plan.
(b) 
The Moosic Borough subdivision and land development application form.
(c) 
Six copies of the planning modules for land development.
(d) 
All applicable fees.
(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.
(6) 
The Engineer shall, within 30 days following acceptance of the final minor subdivision application:
(a) 
Review the engineering considerations in the applicant's submission; and
(b) 
Make recommendations to the Planning Commission.
(7) 
The Zoning Officer shall, within 30 days following acceptance of the final minor subdivision application:
(a) 
Review the zoning considerations in the applicant's submission; and
(b) 
Make recommendations to the Planning Commission.
(8) 
The Solicitor should, within 30 days following acceptance of the final application:
(a) 
Review the proposed agreements, offers of dedication, covenants and deed restrictions; and
(b) 
Make recommendations to the Planning Commission.
(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.
(b) 
Two exact Mylar copies and two exact paper copies of the approved final plan, with the signatures of the required agencies as specified in § 268-22, shall be submitted to the Planning Commission.
(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.
D. 
Recorded plan. All plans recorded shall contain the information specified in § 268-22.