A preliminary plan is intended to establish
the overall development scheme to minimize the need for revisions
of final plans.
A.
Preliminary plan submission required.
(1)
A preliminary plan submission for a major subdivision or land development [except as provided in Subsection A(2) below] meeting all of the requirements of this Article shall be filed by the applicant and reviewed in accordance with the provisions of this Article.
(2)
B.
Required submission.
(2)
The staff shall forward applicable plans to the following
agencies to seek their comments prior to preliminary plan approval:
(a)
The appropriate city staff [including one complete
"file" copy of all materials submitted by the applicant].
(b)
The City Planning Commission (including copies
of the application form, at least one copy of the preliminary plan
checklist, at least one copy of the complete preliminary plan submittal,
additional copies of the preliminary plan submittal and/or layout
plans and at least one copy of the supporting documents), with such
information provided prior to or at the regularly scheduled Planning
Commission meeting after a proper submission.
(3)
Applicant's distribution. The applicant is fully responsible
for the following:
(a)
Supplying the City Fire Chief a layout plan
and hydrant and water system information.
(b)
Supplying the City Engineer with the plans,
the same day as the plans are submitted to the Plans Administrator.
(c)
Contacting the appropriate utility companies,
as appropriate, including the water supplier and the Scranton Area
Sewage Authority.
(d)
Encouraged to seek at least an informal review
by PennDOT of any proposed access onto a state road, and providing
PennDOT with sufficient information for such a review.
(e)
Determining whether any permits or approvals
are needed from any agency outside of the city, including Pennsylvania
DEP (including any obstruction to a waterway) and the Army Corps of
Engineers (including determining whether any wetland will be disturbed).
(f)
Providing a copy of the sedimentation and erosion
control plans to the County Conservation District, together with their
required review fees, if any earth disturbance is proposed, unless
the applicant states, in writing, in a signed letter to the city,
that earth disturbance will not occur until approval of the final
plan (in which case the erosion control plan may be submitted at final
plan stage).
(g)
Adjacent municipalities. If any portion of a
major subdivision or land development is proposed within 200 feet
of the boundary of another municipality; would clearly have a regional
impact upon another municipality as determined by the Planning Commission;
then the applicant shall provide a copy of the layout plan to that
municipality for an advisory review.
(h)
Providing a copy of the plans to the County
Planning Commission, together with all applicable fees.
(4)
Each preliminary plan and supporting documents should
seek to incorporate any revisions recommended by the Planning Commission,
the City Engineer and other appropriate city officials during any
sketch plan review.
(5)
Revisions. A list of revisions from a previously submitted
plan shall be provided whenever a revised plan is submitted.
C.
Determination of completeness of the submission.
(1)
If the City Engineer determines that a submission
is significantly incomplete, the City Engineer shall have the authority:
(2)
Regardless of whether the City Engineer did not return a submission under Subsection C(1) above, 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 to do one of the following:
(a)
Not officially accept the submission, indicating
deficiencies, in writing, and return the fee (minus the costs of any
city review) to the applicant.
(b)
Officially 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 by a specific deadline.
(c)
Table the official acceptance of the submission
until the next Planning Commission meeting after the applicant has
met all of the submittal requirements within the required time period
prior to the meeting. The ninety-day time limit for action shall not
begin until the plan is accepted as complete.
(d)
Reject the application for just cause, such
as the submission being significantly incomplete.
(3)
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.
(4)
Zoning variances.
(a)
An application under this chapter shall not
be considered to be a complete submission for the purposes of the
ninety-day time limit 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.
However, the Planning Commission may review the plans before the variance(s)
are issued.
(b)
A subdivision or land development review shall not be delayed because of a court appeal of a zoning variance that was granted by the Board to the developer. Instead, satisfactory resolution of such appeal may be made a condition for approval under this chapter. If a developer appeals a zoning variance that was not granted to him/her, then Subsection C(4)(a) above shall still apply.
D.
Review by the Subdivision Bureau.
(2)
The Subdivision Bureau (including the City Engineer)
should review the engineering considerations of the preliminary plan
and prepare report(s) to the Commission. Policy matters that should
be dealt with directly by the Planning Commission should be listed
separately from technical engineering considerations.
(3)
The applicant and/or his/her engineer shall make reasonable
efforts to resolve technical engineering considerations outside of
and prior to Planning Commission meetings. The City Engineer may require
the applicant or his/her engineer to meet with the City Engineer for
this purpose.
E.
Review by Commission.
(1)
The applicant or an authorized representative and
the preparer of the plans are expected to attend Planning Commission
meeting(s) where his/her submission will be reviewed, especially for
a major subdivision. 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.
F.
Decision by the Planning Commission.
(1)
The Planning Commission shall approve or reject the
preliminary plan submission within the time limits required by the
Pennsylvania Municipalities Planning Code.[1]
[NOTE: As of 1996, this law requires: (a)
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 properly filed for review; but, in no case shall the Commission's
decision be made later than 120 days following the date the submission
was duly submitted, unless the applicant grants a written extension
of time; and (b) that 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.]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
The decision of the Planning Commission shall be in
writing and shall be communicated to the applicant personally or by
mail at his/her last known address not later than 15 days following
the decision.
(4)
If the preliminary plan submission is disapproved,
the decision shall: specify defects found the the submission, describe
requirements which have not been met and cite the provisions of the
statute or ordinance relied upon in each case.
(5)
At the discretion of the Planning Commission, the
Commission may grant combined preliminary/final plan approval if:
(6)
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 regarding 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.
G.
Final plan submission deadline.
(1)
An applicant shall file a final plan within five years
from the date of the approval of the preliminary plan by the Planning
Commission, unless a written extension is granted by the Planning
Commission in advance.
(2)
Failure to comply with this requirement shall render
the preliminary plan null and void, and a new preliminary plan submission
and approval shall be required.
A.
Information and materials.
(1)
All of the following information and materials listed
in this section are required as part of all preliminary plans for
any land development and any major submission. This list of requirements
shall serve both:
(2)
The applicant shall submit completed photocopies of
this section as part of the application.
B.
The required information listed in this section may
be combined or separated onto different sheets, provided that all
information is clearly readable.
A.
All certifications shall comply with the state professional
licensing laws. All subdivisions of land shall be certified and stamped
by a registered land surveyor.
B.
At least one set of copies of all plans shall bear
original signatures and original seals on each page, which should
be prominently marked on the front sheet as the "Official City File
Copy."
