Borough of Palmyra, PA Article III Plan Processing Procedures

§ 318-8 General provisions.

A. The procedures set forth in this article shall be followed for all subdivision and/or land development plans.

B. The Borough Planning Commission, Borough Zoning Officer, Borough Engineer, Borough Solicitor, Fire Chief, the Lebanon County Planning Department, and various boards or advisory committees created or appointed by Borough Council are advisory to Borough Council in connection with the review of subdivision and/or land development plans.

C. Plans and supporting information will be provided to such Borough boards, committees, agencies and officials as deemed appropriate by the Borough Manager (or his or her designee) or Borough Council based upon the nature of the plans.

D. The pre-application review specified in § 318-9 is voluntary. Applicants are urged, but not required, to discuss possible development sites and plans with the Borough Planning Commission while the project is at an early stage.

E. Two mandatory plan processing procedures (preliminary plan and final plan) are provided in this article. The magnitude of the project dictates the applicability of each mandatory plan processing procedure. The procedures are sequential. Successful completion of a procedure must be obtained prior to submission under the next procedure. A preliminary plan application is required for the following:

(1) Subdivision of residential land into five or greater lots; or

(2) Subdivision of commercial or industrial land into new lots; or

(3) Land development with greater than 10 parking spaces or the addition of an accessory building with a gross floor area greater than 600 square feet. It should be noted that the accessory building exclusion is required to conform with all other applicable ordinances and regulations of the Borough.

(4) Subdivision or land development which includes construction of streets, alleys or stormwater management facilities.

F. The preliminary plan contains detailed design data. Approval of the preliminary plan entitles the applicant to submit final plans in accordance with the terms of the preliminary plan.

G. The final plan contains detailed design data and guarantees the construction of certain improvements. Approval of the final plan concludes with the recording of the plan which authorizes the construction of public/private improvements and the selling of land unless Borough Council specifically authorizes and approves the construction of certain specified improvements prior to the recording of the final plan.

H. This article also includes waiver provisions in § 318-12 which allow Borough Council to modify provisions of this chapter as they apply to a specific project.

§ 318-9 Pre-application review.

A. Applicants are urged, but not required, to discuss possible development sites and plans with the Borough Planning Commission prior to submission of the preliminary or final plans. The purpose of the pre-application meeting is to afford the applicant an opportunity to receive the recommendations of the Borough while the project is at an early stage. Request for a pre-application review shall not constitute formal filing of a plan.

B. A request for a pre-application review shall be submitted to the Borough Manager, or his or her designee, at the Borough Municipal Center at least 21 days prior to the Borough Planning Commission meeting in order to be placed on the agenda. The request shall include one application form. (See Appendix No. 6.) To aid in the effectiveness of the pre-application review, it is recommended that the application include at least one paper copy of the sketch plan. The submission of 10 paper copies and one digital copy (*.PDF) of the sketch plan will allow various Borough officials to provide the applicant with comments.

C. Individuals are permitted to discuss proposals at a Borough Planning Commission meeting without the submission of an application or the benefit of a plan; however, the Borough Planning Commission's ability to assist the applicant will be greatly limited.

D. In addition to the above, applicants may request that a pre-application review be submitted to Borough Council for comments following the Borough Planning Commission meeting. When requested, the Borough Manager, or his or her designee, will advise the applicant of the meeting date at which the pre-application review is scheduled.

§ 318-10 Preliminary plan application.

A. A preliminary plan application is required for the following:

(1) Subdivision of residential land into five or greater lots; or

(2) Subdivision of commercial or industrial land into new lots; or

(3) Land development with greater than 10 parking spaces or the addition of an accessory building with a gross floor area greater than 600 square feet; or

(4) Subdivision or land development which includes construction of streets, alleys or stormwater detention/retention basins.

B. Preliminary plans shall be submitted to the Borough Manager, or his or her designee, at the Borough Municipal Center, on any business day. However, preliminary plans must be submitted at least 21 days prior to the Borough Planning Commission meeting in order to be placed on the agenda.

C. The application record shall be closed 21 days before the Borough Planning Commission meeting at which the plan will be considered to allow time to examine and study the plans and all appropriate supporting documentation. The Borough will not accept changes or amendments to the application after this date, unless the applicant shall apply for a rescheduling of the meeting at which the preliminary plan will be considered before the Borough Planning Commission and makes suitable provision for an extension of the review time.

D. Applicants are required to submit a sewage facilities plan revision or supplement in conjunction with the preliminary plan to avoid unnecessary delays in attaining revision or supplement approval prior to the final plan stage.

E. Application requirements.

(1) All preliminary plan applications shall include the following:

(a) A minimum of four paper copies of the preliminary plan and three copies of all reports, notifications and certifications which are specified in § 318-15. Additional copies of the preliminary plan and reports may be required by the Borough.

(b) A minimum of seven copies (at a reduced scale to fit on eleven-inch-by-seventeen-inch paper) of a plan which identifies at least the horizontal location of the streets, parking, buildings, lot layout, stormwater detention/retention basin, water supply, sanitary sewage disposal and other planned improvements, along with an executive summary for each required report. These plans and reports may be part of the data which makes up the full preliminary plan.

(c) One application form. (See Appendix No. 6.)

(d) Filing fee as set by resolution of the Borough Council (See Fee Schedule available at the Borough Municipal Center.) and the filing fee set forth by the Lebanon County Planning Department for review of the plan.

(e) One Lebanon County Planning Department Application for Consideration of Subdivision and/or Land Development Plan.

(f) The applicant shall also submit on a CD-ROM, or via e-mail, one digital (*.PDF) format copy of the complete plan set (all sheets) and one digital (*.PDF) format copy of each report, notification, and certification, or in another computer-readable file form specified by the Borough.

(2) The Borough Manager, or his or her designee, shall have seven days from the date of submission of an application to check the plans and documents to determine if, on their face, they are in proper form and contain all information required by this chapter. If defective, the application may be returned to the applicant with a statement of rejection within the seven-day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Borough Manager under this section to the Borough Council.

F. Distribution.

(1) The Borough Manager, or his or her designee, shall distribute the preliminary plan to the Borough Zoning Officer, Borough Engineer, Borough Solicitor, Borough Planning Commission, and, if deemed necessary or appropriate as provided in § 318-8, to other Borough boards, committees, agencies and officials (e.g., adjacent municipalities, Fire Department, School Board, PennDOT, Lebanon County Conservation District, USDA-NRCS). The Borough Manager, or his or her designee, will sign the Lebanon County Planning Department Application for Consideration of Subdivision/Land Development.

(2) The applicant shall be responsible for the distribution and delivery of identical plan(s), reports, supporting documentation, and any other material to the Lebanon County Planning Department.

G. Reviewing agencies.

(1) The preliminary plan shall be reviewed by the Borough Manager, Borough Zoning Officer, Borough Engineer, Borough Solicitor, Lebanon County Planning Department, and, if deemed necessary or appropriate by the Borough Manager, or his or her designee, or Borough Council based upon the nature of the preliminary plan, and other Borough boards, committees, agencies and officials. These reviewers will report their findings to the Borough Planning Commission and Borough Council.

(2) The Lebanon County Planning Department shall have 30 days from the date the application was forwarded to them to transmit their comments on the plan.

(3) The preliminary plan will be placed on the Borough Planning Commission agenda for a meeting which is at least 21 days following submission.

(a) Attendance at the Borough Planning Commission meeting by the applicant or authorized agent is strongly encouraged to:

[1] Display a plan which identifies at least the horizontal location of streets, parking, buildings, lot layout, stormwater detention/retention basins, water supply, sanitary sewage disposal, and other planned features, as well as all existing buildings and infrastructure;

[2] Verbally describe the property location and planned features in a presentation of no more than five minutes;

[3] Establish the acceptance or rejection of any recommendation of the Borough Planning Commission, Borough Zoning Officer, Borough Engineer, Borough Solicitor, Lebanon County Planning Department, or other official; and

[4] Establish the intent to avail the application to the below procedure for compliance with the recommendations of the Borough Planning Commission.

(b) All plan reviews shall be based upon provisions of this chapter as well as other applicable ordinances. All comments shall cite the provision of the ordinances relied upon or be specifically designated as well as other applicable ordinances and statutes. All comments shall cite the provision of the ordinances or statutes relied upon or be specifically designated as suggestions.

H. Compliance with recommendations of the Borough Panning Commission. In order to avoid the Borough Planning Commission's recommendation for disapproval, the applicant is encouraged to comply with the recommendations of the Borough Planning Commission. Should the applicant elect to revise the preliminary plan in accordance with the recommendations of the Borough Planning Commission, prior to its report to Borough Council, 10 paper copies and one digital copy (*.PDF) on a CD-ROM or via e-mail of the revised data, and one response letter, detailing responses to and revisions made on the plan based on the Borough Planning Commission, Borough Zoning Officer, Borough Engineer, Borough Solicitor, Lebanon County Planning Department, or other official's recommendations, shall be submitted to the Borough Manager, or designee, at the Borough Municipal Center, on any business day, at least 14 days prior to the Borough Planning Commission meeting in order to be placed on the agenda. Revised plans will be distributed and reviewed in accordance with Subsections F and G.

I. Ruling on the preliminary plan. The applicant will be advised of the scheduled meeting for consideration of the preliminary plan by the Borough Council. Attendance at the Borough Council meeting by the applicant or authorized agent is strongly encouraged. The applicant or authorized agent should be prepared to:

(1) Display a plan which identifies at least the horizontal location of streets, parking, building, stormwater management facilities, lot layout, water supply, sanitary sewage disposal and other planned features;

(2) Verbally describe the property location and planned features in a presentation of no more than five minutes;

(3) Establish the acceptance or rejection of any recommendation of the Borough Planning Commission, Borough Zoning Officer, Borough Engineer, Borough Solicitor, Lebanon County Planning Department, or other official; and

(4) Establish the acceptance of any conditions of approval by Borough Council. The acceptance or rejection of the conditions of approval will be entered in the minutes of the Borough Council. The acceptance of conditions will also be acknowledged in writing. (See Appendix No. 8.) If there is no acceptance of conditions of approval, the plan will be disapproved.

J. Compliance with conditions of approval.

(1) If the Borough Council conditions its preliminary plan approval upon receipt of additional information, alterations, changes or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Borough Manager, or his or her designee. The applicant shall include a brief written descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain preliminary plan approval.

(2) Compliance with the conditions of preliminary plan approval must be attained within one year of Borough Council's ruling on the plan (See Subsection I.) unless an extension of time is requested, in writing, by the applicant within such one-year period and is granted by Borough Council. Failure to comply with the conditions of approval within the above time limitation shall make the approval of the preliminary plan null and void. The Borough has no responsibility to inform the applicant of the termination or the pending termination of the preliminary plan approval.

(3) At the option of the applicant, and upon receipt of an unconditional preliminary plan approval, a preliminary plan may be presented to the Borough for signature. (See Appendix Nos. 3 and 4 for certificate.)

§ 318-11 Final plan application.

A. A final plan application is required for all subdivision and land development plans. When a preliminary plan application is required in accordance with § 318-10, an application for final plan approval can be submitted only after obtaining preliminary plan approval.

B. The final plan shall be substantially consistent with the preliminary plan. The final plan may include sections of an approved preliminary plan, provided each section independently conforms to this chapter, regulations and other standards of the Borough, and includes a reasonable portion of the preliminary plan.

C. Final plans shall be submitted, reviewed, and acted on in accordance with the requirements described in § 318-10.

D. Compliance with conditions of approval. See § 318-10J.

E. Final plan certification.

(1) After approval of the final plan, the applicant shall present to the Borough five paper copies and one digital copy (*.PDF) of the final plan. All five copies of the final plan for certification shall be in black ink and bear original signatures on each certificate.

(2) Upon payment of any outstanding plan review fee or inspection fee, the final plans shall be signed by the Borough Planning Commission and the Borough Council. (See Appendix Nos. 3 and 5.) One copy of the plan will be retained by the Borough. The applicant shall submit the remaining plans to the Lebanon County Planning Department for signatures and the office of the Lebanon County Recorder of Deeds for a certificate of recordation. Two copies of the final plan will be retained by the Recorder of Deeds, one copy will be retained by the Lebanon County Planning Department, and one copy shall be returned by the applicant to the Borough for verification of recording.

F. The final plan shall be filed with the Lebanon County Recorder of Deeds within the time limitation established in Section 513 of the most recent version of the MPC. No lot may be sold and/or building construction initiated until the final plan is filed with the Lebanon County Recorder of Deeds. The Borough will not issue further approvals or permits until the evidence of recordation is provided by the applicant.

G. Recording of the final plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon unless reserved by the landowner as hereinafter provided. The approval of the Borough Council shall not impose any duty upon the Borough concerning maintenance or improvement of any such dedicated street, or public use, until the Borough Council shall have accepted the same by the prevailing procedures of the Borough.

H. If the final plan includes a notation to the effect that there is no offer of dedication to the public of common use areas, the title to such areas shall remain with the owner and his or her heirs and assigns, and the Borough shall assume no responsibility for improvements or maintenance thereof, which fact shall also be noted on the final plan.

I. At the time the applicant presents the final plan for execution on behalf of the Borough, the applicant shall submit a computer-readable file (*.PDF), which shall provide a complete display of the entire final plan, including the complete stormwater management plan and all other information contained on the finally approved plan. The file shall be in Autocad Release 14 or later format unless otherwise specified by the Borough. The file shall also be submitted in a format and coordinate system in accordance with the law and the requirements of the Recorder of Deeds of Lebanon County, Pennsylvania.

J. All sheets of the final plan shall be recorded unless the Borough Engineer recommends and Borough Council approves recording only specified sheets of the final plan.

§ 318-12 Waiver request.

A. In accordance with § 318-47, the Borough Council may waive any provision of this chapter when the waiver:

(1) Will remove or reduce an unreasonable standard or undue hardship, as it applies to the particular property, which is grossly disproportionate to any benefit derived from the standard, or when an alternative standard provides equal or better results; and

(2) Provides reasonable utilization of the property while securing the public interest.

B. It shall be the burden of the applicant to demonstrate compliance with the above conditions to the satisfaction of Borough Council.

C. Waiver application. All applications for waivers shall be submitted to the Borough Manager, or designee, at the Borough Municipal Center, on any business day in accordance with the requirements described in § 318-10E, along with one application form. (See Appendix No. 7.) If any of this information is/was filed with a preliminary plan or final plan, additional copies need not be submitted.

D. Distribution. See § 318-10F.

E. Review of the waiver. See § 318-10G. All waiver review comments shall be based upon the proposal's compliance with the conditions stated in this section.

F. Ruling on the waiver.

(1) After review by the Borough Planning Commission, the Borough Council shall have the authority to approve or disapprove the waiver. Borough Council may elect to consider a waiver independent of the Borough Planning Commission review procedure.

(2) In granting any waiver, the Borough Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.

(3) The acceptance or rejection of the conditions of the waiver will be entered in the minutes of the Borough Council. The acceptance of conditions shall also be acknowledged, in writing, by the applicant. If there is no acceptance of conditions of approval, the waiver will be disapproved.

(4) Action on the waiver shall be entered in the minutes of the Borough Council and forwarded to the applicant. Failure of the Borough Council to render a decision and communicate it to the applicant as described herein shall not be deemed approval of the waiver.

§ 318-13 Plans exempted from standard procedures.

A. Revised subdivision and/or land development plans, lot add-on plans, and lot consolidation plans, in accordance with the procedures set forth in this section, shall be exempted from certain standard subdivision and/or land development plan procedures set forth in §§ 318-10 and 318-11 of this chapter, under the following conditions:

(1) Drainage easements or rights-of-way are not altered.

(2) Access to the affected parcels is not changed.

(3) Street alignments are not changed.

(4) No new building lots are created.

B. Procedure for processing revised subdivision and/or land development plans.

(1) Previously approved subdivision and/or land development plans may be changed in accordance with this procedure to correct an obvious error. The revised plan shall not alter the number, location or configuration of lots, buildings or other aspects of the plan beyond the original understanding of the Borough Council. The revised plans shall comply with all final plan requirements and note the specific revision and indicate that the plan supersedes the previous plan solely as it applies to the revision.

(2) All revised subdivision and/or land development plan applications which meet the above shall be submitted to the Borough Manager, or his or her designee, at the Borough Municipal Center, on any business day, in accordance with the requirements described in § 318-10E for review by the Lebanon County Planning Department, along with one application form. (See Appendix No. 6.) The applicant will be advised of the scheduled meeting for consideration of the revised plan.

(3) After review by the Borough Planning Commission, Borough Council shall have the authority to approve or disapprove the revised plan. If the Borough Council determines that the revised plan conforms with the above standards, the plan will supersede the previous submission.

(4) If the revision alters a previously recorded plan, the applicant shall, within 90 days of the approval, present to the Borough five paper copies and one digital copy (*.PDF) of the revised plan. All five copies of the revised plan for certification shall be in black ink and bear original signatures on each certificate.

(5) Upon payment of any outstanding plan review fee or inspection fee, the revised plan shall be signed by the Borough Planning Commission and the Borough Council. (See Appendix Nos. 3 and 5.) One copy of the plan will be retained by the Borough. The applicant shall submit the remaining plans to the Lebanon County Planning Department for signatures and the office of the Lebanon County Recorder of Deeds for a certificate of recordation. Two copies of the final plan will be retained by the Recorder of Deeds, one copy will be retained by the Lebanon County Planning Department, and one copy shall be returned by the applicant to the Borough for verification of recording.

(6) The Plan shall be filed with the Lebanon County Recorder of Deeds within 90 days of the Borough Council's certification of approval. No lot may be sold and/or building construction initiated until the plan is filed with the Lebanon County Recorder of Deeds.

(7) The Borough will not issue further approvals or permits until the evidence of recordation is provided by the applicant.

C. Procedure for processing lot add-on plans.

(1) The lease, conveyance, sale, or transfer of land for the sole purpose of increasing the lot size of an adjacent contiguous lot may be submitted in accordance with this procedure, provided no additional lots are created and the resulting configuration does not create a nonconformity with the design provisions of this chapter. The lot add-on plan shall comply with all final plan requirements and indicate that the new parcel will be joined-in-common with the lands of the grantee. The applicant shall submit with the application an accurate description of the lot to be added to the existing lot and an accurate description of the new lot to be created after the addition. After the lot add-on plan is recorded, the applicant shall prepare and record a deed containing a consolidated legal description for the new lot.

(2) All lot add-on plans which meet the above shall be submitted to the Borough Manager, or designee, at the Borough Municipal Center, on any business day, in accordance with the requirements described in § 318-10E for review by the Lebanon County Planning Department, along with one application form. (See Appendix No. 6.) The applicant will be advised of the scheduled meeting for consideration of the lot add-on plan.

(3) After review by the Borough Planning Commission, the Borough Council shall have the authority to approve or disapprove the plan.

(4) If the Borough Council determines that the lot add-on plan conforms with the above standards, the applicant shall, within 90 days of the approval, present to the Borough five paper copies and one digital copy (*.PDF) of the lot add-on plan. All five copies of the lot add-on plan for certification shall be in black ink and bear original signatures on each certificate.

(5) Upon payment of any outstanding plan review fee or inspection fee, the lot add-on plan shall be signed by the Borough Planning Commission and the Borough Council. (Eee Appendix Nos. 3 and 5.) One copy of the plan will be retained by the Borough. The applicant shall submit the remaining plans to the Lebanon County Planning Department for signatures and the office of the Lebanon County Recorder of Deeds for a certificate of recordation. Two copies of the plan will be retained by the Recorder of Deeds, one copy will be retained by the Lebanon County Planning Department, and one copy shall be returned by the applicant to the Borough for verification of recording.

(6) The Plan shall be filed with the Lebanon County Recorder of Deeds within 90 days of Borough Council's certification of approval. No lot may be sold and/or building construction initiated until the plan is filed with the Lebanon County Recorder of Deeds.

(7) The Borough will not issue further approvals or permits until the evidence of recordation is provided by the applicant.

D. Procedure for processing lot consolidation plans.

(1) A lot consolidation is the combining of two or more existing parcels into a smaller number of parcels than existed originally.

(2) All lot consolidation plans which meet the above shall be submitted to the Borough Manager, or designee, at the Borough Municipal Center, on any business day, in accordance with the requirements described in § 318-10E for review by the Lebanon County Planning Department, along with one application form. (See Appendix No. 6.) The applicant will be advised of the scheduled meeting for consideration of the lot consolidation plan.

(3) After review by the Borough Planning Commission, the Borough Council shall have the authority to approve or disapprove the plan.

(4) If the Borough Council determines that the lot consolidation plan conforms with the above standards, the applicant shall, within 90 days of the approval, present to the Borough five paper copies and one digital copy (*.PDF) of the lot consolidation plan. All five copies of the lot consolidation plan for certification shall be in black ink and bear original signatures on each certificate.

(5) Upon payment of any outstanding plan review fee or inspection fee, the lot consolidation plan shall be signed by the Borough Planning Commission and the Borough Council. (See Appendix Nos. 3 and 5.) One copy of the plan will be retained by the Borough. The applicant shall submit the remaining plans to the Lebanon County Planning Department for signatures and the office of the Lebanon County Recorder of Deeds for a certificate of recordation. Two copies of the plan will be retained by the Recorder of Deeds, one copy will be retained by the Lebanon County Planning Department, and one copy shall be returned by the applicant to the Borough for verification of recording.

(6) The Plan shall be filed with the Lebanon County Recorder of Deeds within 90 days of Borough Council's certification of approval. No lot may be sold and/or building construction initiated until the plan is filed with the Lebanon County Recorder of Deeds.

(7) The Borough will not issue further approvals or permits until the evidence of recordation is provided by the applicant.