Borough of Hamburg, PA Part 3 SUBMISSION AND REVIEW PROCEDURES

§ 22-301 General.

[Ord. 614, 12/29/1992, § 301]

From the effective date of this chapter, all plans for the subdivision or development of land within the corporate limits of the Borough shall be reviewed by the Borough Planning Commission and other municipal, State or County officials as deemed necessary and shall be approved or disapproved by the Borough Council in accordance with procedures specified in this chapter. When action on a plan by the Borough Council is required, the Borough Council shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed; provided, that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.

§ 22-302 Sketch Plan.

[Ord. 614, 12/29/1992, § 302]

1. Submission of Sketch Plan. It is recommended that the subdividers submit a sketch plan for informal discussion between the subdivider and the Borough. Submission of a sketch plan shall not constitute official submission of a plan to the Borough.

2. Plan to be Filed with the Borough. Copies of the sketch plan for all proposed subdivision and land developments and all required supporting data shall be submitted to the Borough Secretary (or his representative) by the subdivider (or his representative authorized in writing to submit the plan) no less than 15 days prior to the next regularly scheduled meeting of the Borough Planning Commission.

3. Number of Copies. Five legible black-line or blue-line paper prints of the sketch plan shall be required. Plans shall fully comply with requirements with § 22-401 of this chapter or, in the case of a sketch plan for record, § 22-402 of this chapter.

4. Distribution of Sketch Plan. The Borough Secretary (or his representative) shall refer the sketch plans to the following:

A. One copy to the Borough Planning Commission.

B. One copy to the Borough Engineer.

C. Two copies of the County Planning Commission in the case of a sketch plan for record. The plans and supplementary data shall be accompanied by the County's referral form and required filing fee.

5. Review of Sketch Plan by the Borough Planning Commission.

A. The sketch plan shall be reviewed by the Borough Planning Commission at one or more regularly scheduled or special meetings. The Commission may request the Borough Zoning Officer or the Borough Engineer to review the sketch plan and submit comments thereon to the Commission.

B. Within 15 calendar days after the final meeting at which the sketch plan is reviewed by the Borough Planning Commission, the Commission Secretary will send the comments of the Commission regarding the plan to the developer. Notice of the action of the Commission will be provided to the Borough Council.

6. Review of the Sketch Plan for Record by the Borough Council.

A. In the case of a sketch plan for record submitted under § 22-312(2) of this chapter, after the sketch plan is reviewed by the Borough Planning Commission the sketch plan shall be reviewed by the Borough Council at one or more regularly scheduled or special meetings and either approved or disapproved by the Council.

B. The Borough Council shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed; provided, that should the said next regular meeting occur more than 30 days following the filing of the application the said ninety-day period shall be measured from the 30th day following the day the application has been filed. The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the ordinance relied upon.

C. In the case of a sketch plan for record submitted to the County Planning Commission for review, no official action shall be taken by the Borough Council until the Council has received the written report of the County Planning Commission; provided, that the report is received within 30 days from the date the plan was forwarded to the County Planning Commission for review. If such report is not received within 30 days, the Borough Council may proceed to take action on the plan without consideration of comments from the County Planning Commission.

§ 22-303 Official Submission Of Preliminary Plan.

[Ord. 614, 12/29/1992, § 303; as amended by Ord. 748-07, 5/23/2007]

1. Plan to be Filed with the Borough. Copies of the preliminary plan for all proposed subdivisions and land developments and all required supporting data shall be officially submitted to the Borough Secretary (or his representative) by the subdivider/developer (or his representative authorized in writing to submit the plan) no less than 30 days prior to the next regularly scheduled meeting of the Borough Planning Commission. Action by the Borough Council on the preliminary plan will be taken within the time limits indicated in § 22-304(6)(C) and (D) below.

2. Official submission of the preliminary plan shall not be deemed to have been made until receipt of all of the following by the Borough Secretary or his representative.

A. Three completed copies of the "Application for Review of Preliminary Subdivision Plan/Land Development Plan."

B. Seven legible black-line or blue-line paper prints of the preliminary plan which shall fully comply with the requirements of § 22-403 of this chapter.

C. Five completed copies of the "Subdivision Sewage Disposal Report" whenever soil percolation tests are required.

D. Four copies of all required information including the proposed erosion and sediment control plan.

E. If a proposed subdivision or land development abuts or is traversed by a State highway the developer/subdivider shall submit a copy of the preliminary plan to PennDOT for its review and comments. If a developer/subdivider desires ingress/egress onto a State highway the developer/subdivider shall apply for a highway occupancy permit from PennDOT. Copies of the developer's/subdivider's cover letter and permit application (if applicable) to PennDOT shall be submitted to the Borough Secretary or his representative at the time of the official submission of the preliminary plan. Approval of this preliminary plan by PennDOT shall not constitute a recommendation by the Planning Commission nor approval by Borough Council.

F. If a proposed subdivision or land development abuts an adjoining municipality the developer/subdivider shall submit a copy of the preliminary plan to the abutting municipality requesting that comments be submitted to the Borough Secretary (or his representative). A copy of the developer's/subdivider's cover letter to the abutting municipality shall be submitted to the Borough Secretary (or his representative) at the time of the official submission of the preliminary plan.

3. Filing Fee. The Borough Secretary (or his representative) shall collect a filing fee for the preliminary plan established by the Borough Council for all subdivisions or land developments. Fees shall be charged in order to cover the costs of examining plans and other expenses incidental to the review of subdivisions or land developments. The subdivider or developer shall pay the fee at the time of official submission of a preliminary plan.

4. Distribution of Preliminary Plan. The Borough Secretary (or his representative) shall refer the preliminary plan, after all required fees have been collected, to the following:

A. One copy to the Borough Planning Commission including one copy of the application form and other required reports.

B. Two copies of the plan to the County Planning Commission, one copy of all required supporting documents, the County's referral form and required filing fee.

C. Two copies to the Borough Council, including one copy of the application form and other required reports.

D. One copy to the Borough Engineer.

E. One copy to the Borough Zoning Officer.

§ 22-304 Review of Preliminary Plan.

[Ord. 614, 12/29/1992, § 304]

1. Review by Borough Engineer. The Borough Engineer shall review the preliminary plan to determine its conformance to this chapter. The Engineer may recommend changes, alterations or modifications as he may deem necessary. The report of the Engineer shall be submitted to the Borough Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Planning Commission.

2. Review by the Borough Zoning Officer. The Borough Zoning Officer shall review the preliminary plan to determine its conformance to the Borough Zoning Ordinance [Chapter 27]. The Zoning Officer shall check all zoning data as required to be shown under § 22-403 to determine if information shown is in accordance with the latest amendments to the Zoning Ordinance [Chapter 27]. The report from the Zoning Officer shall be submitted to the Borough Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Planning Commission.

3. Review by Pennsylvania Department of Transportation. Review and comments by PennDOT shall be submitted to the Borough Secretary (or his representative) prior to or at the regularly scheduled or special meeting at which time the preliminary plan is to be considered by the Planning Commission.

4. No official action shall be taken by the Borough Planning Commission with respect to a preliminary plan until the Borough has received the report of the County Commission; provided, however, that if the report is not received within 30 days after transmittal to the agency, then the Borough Planning Commission may officially act without having received and considered such report.

5. Review by the Borough Planning Commission.

A. When a preliminary plan has been officially submitted, such plan shall be reviewed by the Borough Planning Commission at a regularly scheduled meeting or at the discretion of the Planning Commission at a special meeting.

B. During review of the preliminary plan the Borough Planning Commission shall consider the reports of the Borough Engineer and the Borough Officer before making its final decision.

C. If review by the Borough Planning Commission is favorable or unfavorable because the requirements of this chapter have not been met or the Planning Commission deems changes or modifications of the plan submitted are advisable or necessary such decision and the reasons therefore shall be given in written form by the Secretary (or his representative) of the Planning Commission within 15 days after the meeting at which the preliminary plan is reviewed to the subdivider or his agent. Notice of the action of the Commission will be provided to Borough Council.

6. Review by the Borough Council.

A. When a preliminary plan has been officially referred to the Borough Council by the Borough Planning Commission, together with its recommendation, such plan shall be reviewed at a regularly scheduled meeting or at the discretion of the Borough Council at a special meeting.

B. The Borough Council shall review the preliminary plan and the reports and recommendations thereon of the Borough Planning Commission, the County Planning Commission (if same has been received within the prescribed time limits), the Borough Engineer and by any other officials and official boards of the Borough to determine the preliminary plan conformance to the standards contained in this chapter. The Borough Council may require or recommend such changes and modifications as they shall deem necessary or advisable in the public interest.

C. The action of the Borough Council either approving or disapproving the preliminary plan shall be noted with the date of such action. The findings and reasons upon which the action is based and the provisions of the statute or ordinance relied upon shall also be stated in the minutes and in writing. Subject to the requirements of subsection (D), within 15 days after the meeting at which the preliminary plan is reviewed and an approval or rejection decision is rendered, the Secretary of the Borough shall send written notice of the findings, action taken and reasons thereof to the subdivider or his agent. The Borough Council may approve a preliminary plan subject to conditions acceptable to the applicant; provided, that the applicant indicates his written acceptance of those conditions to the Borough Council within 10 days of the date of the written notification from the Borough Council. Approval of a plan shall be rescinded automatically upon the applicant's failure to accept such conditions within 10 days.

D. In any event, the Borough Council shall render its decision and communicate it to the applicant no later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed; provided, that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period measured from the 30th day following the day the application has been filed. Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required shall be deemed an approval unless the applicant has agreed, in writing, to an extension of time.

E. Approval of the preliminary plan shall not constitute acceptance of a subdivision or land development for recording. Approval is only an expression of approval of a general plan to be used in preparing the final subdivision or land development plan for final approval and recording upon fulfilling of all requirements of this chapter.

§ 22-305 Submission of the Final Plan.

[Ord. 614, 12/29/1992, § 305; as amended by Ord. 680, 12/28/1998]

Within one year of the Borough Council's approval of the preliminary plan, a final plan shall be officially submitted to the Borough. However, an extension of time may be granted by the Borough Council upon written request. Final plans submitted after this expiration of time for which no time extension has been granted may be considered as a new preliminary plan. The final plan shall conform in all important respects to the preliminary plan as previously reviewed by the Borough Planning Commission and approved by the Borough Council and shall incorporate all modifications required by the Borough in its review of the preliminary plan. The Borough may permit submission of the final plan in sections. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan unless a lesser percentage is approved by Borough Council in its discretion.

A. Plans to be Filed with the Borough. Copies of the final plan and all required supporting data shall be officially submitted to the Borough Secretary (or his representative) by the subdivider (or his representative authorized in writing to submit the plan) no less than 20 days prior to the next regularly scheduled meeting of the Borough Planning Commission. Action by the Borough Council on the final plan will be taken within the time limits indicated in § 22-304(6)(C) and (D) of this chapter.

B. Official submission of the final plan shall not be deemed to have been made until receipt of all of the following by the Borough Secretary or his representative:

(1) Three completed copies of the "Application for Review of Final Subdivision/Land Development Plan."

(2) Seven legible black-line or blue-line paper prints of the final plan which shall fully comply with § 22-404 of this chapter.

(3) Two copies of all other required information including the following, if applicable:

(a) All offers of dedication and covenants governing the reservation and maintenance of undedicated open space, streets, storm drainage facilities and sanitary sewer and water facilities which shall be approved by the Borough Solicitor as to their legal sufficiency.

(b) Such private deed restrictions, including building reserve lines, as may be imposed upon the property as a condition of sale together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided.

(c) Whenever a subdivider proposes to establish a street which is not offered for dedication to public use, the Borough Planning Commission or Borough Council may require the subdivider to submit and also to record with the plan a copy of an agreement made with the Borough on behalf of his heirs, successors and assigns and approved by the Borough Solicitor and which shall establish the conditions under which the street may later be offered for dedication and shall stipulate, among other things, the following:

[1] The street shall conform to Borough specifications or that the owners of the abutting lots shall include with the offer of dedication sufficient money, as estimated by the Borough Engineer, to restore the street to conformance with the Borough specifications.

[2] An offer to dedicate the street shall be made only for the street as a whole.

[3] The method of assessing repair costs be stipulated.

[4] Agreement by the owners of 60% of the front footage thereon shall be binding on the owners of the remaining lots.

(d) When approval by the Pennsylvania Department of Environmental Protection is required for the water supply or sanitary sewage system(s) for a proposed subdivision, two copies of such certification of approval must be submitted with the final plan to the Borough Secretary.

(e) When required under the rules and regulations of the Department of Environmental Protection, a copy of the approved erosion and sediment control plan or permit must be submitted with the final plan to the Borough Secretary.

(f) Any proposed intersection of a new street or driveway with a State legislative route must receive an occupancy permit from the Pennsylvania Department of Transportation (PennDOT). Such permit must be submitted with the final plan to the Borough Secretary.

(g) When approval is required for water supply or sanitary sewage disposal from a municipal authority or private water company, two copies of such approvals must be submitted with the final plan to the Borough Secretary.

(h) Letters from utility companies for electric, gas, telephone and cable T.V., indicating that they have received final plans, must be submitted with final plans to the Borough Secretary.

C. Filing Fee. The Borough Secretary (or his representative) shall collect a filing fee for the final plan as established by the Borough Council for all subdivision or land developments. Fees shall be charged in order to cover the costs of examining plans and other expenses incidental to the review of subdivisions or land developments. The subdivider or developer shall pay the fee at the time of official submission of a final plan.

D. Distribution of Final Plan. The final plan shall be distributed in accordance with the requirements of § 22-303(4) for the preliminary plan, except that if the preliminary plan was submitted to the County Planning Commission, the final plan does not have to be submitted to that agency.

§ 22-306 Review of Final Plan.

[Ord. 614, 12/29/1992, § 306]

1. Review by the Borough Engineer. The final plan shall be reviewed and a report submitted as required under § 22-304(1) for preliminary plans.

2. Review by the Borough Zoning Officer. The final plan shall be reviewed and a report submitted by the Borough Zoning Officer as required under § 22-304(2) for preliminary plans.

3. Review by the Borough Planning Commission. The final plan shall be reviewed, in accordance with the procedure required under § 22-304(4) of this chapter for preliminary plans. In addition:

A. Before acting on any subdivision or land development plan the Planning Commission may hold a public hearing thereon after public notice.

B. If all the requirements of this chapter are met and the review is favorable, the Planning Commission shall authorize its chairman, with the secretary so attesting, to endorse the record plan, reviewed and approved by the Borough Planning Commission, together with the date of such action.

C. The record plan with the Borough Planning Commission's endorsement shall be forwarded to the Borough Council.

4. Review by the Borough Council. The final plan shall be reviewed in accordance with the procedures as required under § 22-304(5) of this chapter for preliminary plans. In addition:

A. Before acting on any subdivision or land development plan, the Borough Council may hold a public hearing thereon after public notice.

B. If the Borough Council approves the final plan, the record plan shall be signed by the President, Vice President or Assistant Vice President of Council and the Secretary, together with the date of action.

C. A performance guarantee or a certificate of satisfactory installation as required under §§ 22-308 and 22-309, respectively, shall be required before plans are released for recording.

§ 22-307 Recording of the Final Plan.

[Ord. 614, 12/29/1992, § 307]

1. After action by the Borough Planning Commission and approval by the Borough Council and with all endorsements indicated on the record plan, the subdivider or developer shall record his plan. No subdivision or land development plan may be legally recorded unless it bears the Borough's approval and seal and an indication that review by the County has taken place.

2. After the final plan has been approved by the appropriate Borough authorities, the County Planning Commission shall receive, as approved, three blue-line prints and the Borough shall receive two blue-line prints and two Mylars of the approved plan measuring 22 inches by 28 inches.

3. The subdivider shall file the record plan with the County Recorder of Deeds within 90 days of the date of final approval by the Borough Council. The subdivider should contact the Berks County Recorder of Deeds office to determine all applicable requirements for recording. The recorder's certificate that the approved plan has been recorded, with deed book and page numbers indicated, shall be submitted by the Borough. If the subdivider fails to record within such period, the action of the Borough Planning Commission and the Borough Council shall be null and void unless an extension of time has been granted by the Borough Council.

§ 22-308 Completion of Improvements or Guarantee Thereof.

[Ord. 614, 12/29/1992, § 308]

No plan shall be finally approved unless all improvements have been installed in accordance with this chapter.

A. In lieu of completing the improvements, prior to final approval, the subdivider shall guarantee the installation of all required improvements as follows:

(1) The developer shall deposit with the Borough a financial security in an amount sufficient to cover the costs of such improvements or common amenities.

(2) When requested by the developer, in order to facilitate financing, the Borough Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan 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 Borough Council. Such extension shall be unreasonably withheld and shall be placed in writing at the request of the developer.

(3) Without limitation as to other types of financial security which the Borough may approve, which approval shall not be unreasonably withheld, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security. Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security; provided, said bonding company or lending institution is authorized to conduct such business within the Commonwealth.

(4) Such bond or other security shall provide for and secure to the public the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements. The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Borough may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

(5) The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate as such in the Commonwealth of Pennsylvania and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.

(6) If the party posting the financial security requires more than one year from the date of posting the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as established on or about the expiration of the preceding one-year period by using the above procedure.

(7) If required improvements are to be installed under the jurisdiction of a public utility or municipal authority, financial security shall be posted in accordance with the regulations of this public utility or municipal authority.

(8) The Borough Council shall not condition the issuance of permits upon actual completion of improvements if financial security has been provided. Occupancy permits shall not be withheld provided the following conditions have been met:

(a) The streets have been improved to a permanently passable condition as determined by the Borough.

(b) All other required improvements necessary for reasonable use and occupancy have been completed.

§ 22-309 Release of Performance Guarantees.

[Ord. 614, 12/29/1992, § 309]

All performance guarantees shall be released in whole or in part upon compliance with the following procedure:

A. When the subdivider has completed all or a portion of these required improvements, the subdivider or developer shall notify the Borough Council in writing, by certified mail return receipt requested, or by registered mail. A copy shall be sent to the Borough Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect these improvements.

B. The Borough Engineer, within 30 days after receipt of the aforesaid authorization from the Borough Council, shall file a written report with the Borough Council and mail a copy of this report to the subdivider by certified mail, return receipt requested, or by registered mail. This report shall recommend approval or rejection, either in whole or in part. If these improvements, or any portion thereof, shall not be approved by the Borough Engineer, said report shall contain a statement of reasons for such rejection.

C. Upon receipt of the Borough Engineer's report, the Borough Council shall review these recommendations. After review, and within 15 days of receipt of the Engineer's report, the Borough Council shall notify the subdivider in writing by certified mail, return receipt requested, or by registered mail of its action. If a whole or partial release is approved, the Borough Council shall authorize release of an amount estimated by the Borough Engineer that fairly represents completed improvements.

D. The Borough Council shall have 45 days from the receipt of request to take final action. If the Borough Council fails to comply with this time limitation, all improvements will be deemed approved and shall be released in the amount requested.

E. If any portion of these required improvements shall not be approved by the Borough Council, these shall be completed or corrected. Upon completion or correction, the above procedure shall be followed for the approval of any release in whole or in part.

§ 22-310 As-Built Plans.

[Ord. 614, 12/29/1992, § 310]

As-built plans for all improvements within the subdivision or land development listed in the subdivision improvements agreement shall be submitted to the Borough within 30 days after inspection and approval of the improvements by the Borough and prior to the release of the performance guarantee and acceptance of any such improvements by the Borough. Plans shall be in accordance with the requirements of § 22-404 of this Part, be Mylars in reproducible form and certified by the developer to be in accordance with actual construction. The location and elevation of all sewer laterals and water services shall also be indicated. The developer is responsible for the preparation of such plans.

§ 22-311 Dedication and Maintenance Guarantee.

[Ord. 614, 12/29/1992, § 311]

1. All improvements shown on the subdivision plan, recorded or otherwise, shall be deemed to be private until such time as these have been accepted by the dedication to the Borough Council.

2. Before acceptance by dedication of any improvements, the Borough Council shall require the subdivider to file a maintenance guarantee by posting financial security. This financial security shall be posted for no longer than 18 months from the date of acceptance by dedication and shall not exceed 15% of the actual cost of theses dedicated improvements.

3. The owner/developer will continue to be liable for all latent defects with respect to improvements intended to be dedicated for public use; however, the owner/developer will be liable only until the maintenance guarantee is released. The Borough Engineer will determine when a defect is a latent defect. Satisfactory repair or correction of latent defects will be made at the owner/developer's expense and subject to the Borough review and approval. The owner/developer will also be responsible for any damage to Borough facilities, utilities and/or other public improvements because of such defects.

§ 22-312 Plan Exempted From Standard Procedures.

[Ord. 614, 12/29/1992, § 312]

1. Revision to Plan of Record. Any revision to a recorded plan shall be considered a new subdivision or land development and shall comply with all regulations of this Part, except that:

A. Lot lines may be changed from those shown on a recorded plan; provided, that in making such changes:

(1) No lot or tract of land shall be created or sold that is smaller than the minimum requirements of the Borough Zoning Ordinance [Chapter 27].

(2) Easements of rights-of-way reserved for drainage shall not be changed.

(3) Street locations and block sizes shall not be changed.

(4) No lot shall be created which does not abut an existing or a proposed street.

B. In every case wherein lot lines are changed as permitted by the above, the subdivider or developer shall prepare a new final plan and shall submit the final plan in accordance with § 22-305 of this Part to the Borough for review of the Borough Planning Commission and the Borough Council in accordance with § 22-406 of this chapter. The new final plan shall specifically identify the previously recorded plan superseded and contain the record reference. The subdivider or developer shall record the new plan in accordance with § 22-307 of this chapter if the final plan is approved.

2. Sketch Plan for Record. In the case of a proposed residential subdivision where the intent of the subdivider, so expressed in writing, will create two and only two parcels, lots or tracts of land of the original tract fronting on an existing improved State or municipal road or street or the case of a proposed land development where the intent is to construct two residences fronting on an existing improved State or municipal road or street or the conveyance, sale or transfer of land from one parcel to an adjacent parcel is proposed for the sole purpose of increasing lot size, the Borough may allow the subdivider to prepare a sketch plan for record, showing the single subdivision or land development accompanied by the required data set forth in § 22-402 and the submission of the results of soil percolation tests as described in this Part, if applicable. Further subdivision or land development from a tract recorded under this subsection will require submission of plans in full accordance with the provisions of this chapter.

3. Abbreviated Subdivision. In the case of any proposed residential subdivision containing more than two lots or a nonresidential subdivision where there will not be any new street or right-of-way for access and the tract of land cannot be developed beyond the depth of one lot (i.e., one in which all proposed lots will have frontage on an existing public street or road) the following procedures may be followed:

A. The subdivider shall prepare a sketch plan of the proposed subdivision in accordance with § 22-401 of this chapter.

B. If lots in the proposed subdivision will utilize onsite sanitary sewage disposal systems, the subdivider shall perform soil percolation tests in accord with § 22-506 of this chapter and shall indicate the location of such test holes on the sketch plan.

C. The subdivider shall submit eight copies of the sketch plan and five copies of the soil percolation test data plus four copies of any required additional data. The distribution and review shall be the same as for preliminary plans.

D. If the plan is approved by the Borough Council, the subdivider may then prepare a final plan is full accord with § 22-404 of this chapter. The final plan shall be submitted and reviewed in accordance with §§ 22-305 and 22-306.

4. Abbreviate Land Development for Lots Previously Approved Under this chapter. In the case of a land development consisting of a single nonresidential building on a lot or lots, which lot or lots were previously approved under this chapter, the developer may submit only a final plan to the Borough. The final plan shall contain all information required by § 22-404 of this chapter and shall be submitted and reviewed in accordance with §§ 22-305 and 22-306. The final plan shall be submitted to the County Planning Commission for review. Submission to and reviews from the County Conservation District and the Pennsylvania Department of Transportation may be required by the Borough.

5. Abbreviated Land Development for Lots Not Previously Approved Under this chapter. In the case of a land development consisting of a single nonresidential building on a lot or lots, which lot or lots were not previously approved under this chapter, the following procedures may be followed:

A. The developer shall prepare a sketch plan of the proposed land development in accordance with § 22-401 of this chapter.

B. The developer shall submit eight copies of the sketch plan plus four copies of any required additional data. The distribution and review shall be the same as for preliminary plans.

C. If the plan is approved by the Borough Council, the developer may then prepare a final plan in full accord with § 22-404 of this chapter. The final plan shall be submitted and reviewed in accordance with §§ 22-305 and 22-306.