All plans for the subdivision and/or development of land within the corporate limits of the Borough shall be submitted to and reviewed by the Borough Planning Commission and other Borough, state and/or county officials as provided in this chapter and shall be approved or disapproved by the Council in accord with the procedures specified in this article.
A. 
Optional — sketch plans. Applicants are very strongly encouraged, but not required, to submit a sketch plan to the Planning Commission prior to the submission of a preliminary plan, land development plan or minor plan. The purpose of the sketch plan is to:
(1) 
Avoid costly revisions to detailed preliminary plans prepared before a general consensus on the layout is reached with the Planning Commission.
(2) 
Identify the overall objectives of the applicant using a diagrammatic approach, showing broad areas of development and broad areas of conservation.
(3) 
Determine if the plan is a major or a minor subdivision and/or land development.
(4) 
Assist applicants and officials to develop a better understanding of the property.
(5) 
Establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under the zoning ordinance.[1]
[1]
Editor's Note: See Ch. 400, Zoning.
(6) 
The extent to which the plan generally conforms with the provisions of this chapter.
(7) 
Any design parameters deemed necessary by the Borough for conformance to the Borough Comprehensive Plan.[2]
[2]
Editor's Note See Ch. 166, Comprehensive Plan.
B. 
Contiguous holdings. When an application includes only a portion of a landowner's entire tract, or when such portion is contiguous to an adjoining tract of the landowner, a sketch layout shall be included showing future potential subdivision of all the contiguous lands belonging to the landowner to ensure that subdivision may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in this section shall not constitute approval of the future subdivision shown thereon.
C. 
Developer request for formal sketch plan review — major subdivisions and land development. The developer may request a formal review of a sketch plan for a major subdivisions or land developments in accord with the provisions of this section.
(1) 
Preapplication meeting. A preapplication meeting is encouraged between the applicant, the site designer, and the Planning Commission (and/or its planning consultant) to introduce the applicant to the municipality's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings and plan submissions as described below. Applicants are also encouraged to present the existing resources and site analysis plan at this meeting.
(2) 
Existing resources and site analysis plan. Applicants may submit an existing resources and site analysis plan, in its context, prepared in accord with the requirements of § 300-21D. The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity and to provide a complete and factual reference for conducting a site inspection. This plan shall be provided prior to or at the site inspection and shall form the basis for the development design as shown on the sketch plan (or on the preliminary plan, if the optional sketch plan is not submitted).
(3) 
Site inspection. After preparing the existing resources and site analysis plan, applicants shall arrange for a site inspection of the property by the Planning Commission and other Borough officials and shall distribute copies of said site analysis plan at that on-site meeting. Applicants, their site designers, and the landowner are encouraged to accompany the Planning Commission. The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated conservation open space (if applicable) and potential locations for proposed buildings and street alignments. Comments made by Borough officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered and no official decisions can be made at the site inspection.
(4) 
Pre-sketch conference. Following the site inspection and prior to the submission of a diagrammatic sketch plan, the applicant shall meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design procedure described in § 300-36 of this chapter, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.
(5) 
Sketch plan submission and review.
(a) 
Ten copies of a sketch plan, meeting the requirements set forth in § 300-20, shall be submitted to the Borough Zoning Officer during business hours for distribution to the Council, the Planning Commission, the Borough Engineer and applicable Borough advisory boards at least 10 working days prior to the Planning Commission meeting at which the sketch plan is to be discussed. The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for conservation open space, house sites and street alignments and shall be based closely upon the information contained in the existing resources and site analysis plan. The sketch plan shall also be designed in accordance with the four-step design process described in § 300-36 of this chapter and with the design review standards listed in § 300-37.
(b) 
The Planning Commission shall review the sketch plan in accordance with the criteria contained in this chapter and with other applicable ordinances of the municipality. Its review shall informally advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter and may suggest possible plan modifications that would increase its degree of conformance. The Commission shall submit its written comments to the applicant. The sketch plan may also be submitted by the Planning Commission to the Lackawanna County Regional Planning Commission for review and comment. Its review shall include but is not limited to:
[1] 
The location of all areas proposed for land disturbance (streets, foundations, yards, septic disposal systems, stormwater management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's existing resources and site analysis plan and on the Municipality's Map of Potential Conservation Lands;
[2] 
The potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels;
[3] 
The location of proposed access points along the existing road network;
[4] 
The proposed building density and impervious coverage;
[5] 
The compatibility of the proposal with respect to the objectives and policy recommendations of the Comprehensive Plan; and
[6] 
Consistency with the zoning ordinance.
(6) 
Fee. The Borough Council may establish a fee for formal review of a sketch plan in accord with § 300-79.
D. 
Nonformal filing. A sketch plan shall be considered a submission for discussion between the applicant and the Planning Commission and shall not constitute a formal filing of a plan with the Planning Commission. All sketch plans submitted shall be so noted on the plan and in the minutes of the Planning Commission.
All applications for preliminary plans for major subdivisions shall be submitted to the Borough and processed in accord with this § 300-13.
A. 
Submissions not preceded by a sketch plan. If an applicant opts not to submit a sketch plan, the preliminary plan shall include all information required for sketch plans listed in § 300-20, specifically including the existing resources and site analysis plan, plus further details as required by this chapter.
B. 
Site inspection. If requested by the Planning Commission, a site inspection shall be arranged and conducted in accord with § 300-12C.
C. 
Official submission of preliminary plans.
(1) 
Plan to be filed with the Borough. Copies of the preliminary plan and all required supporting documentation shall be submitted to the Borough Zoning Officer by the applicant at least 10 working days prior to the Planning Commission meeting at which the applicant applies for the "official date of preliminary plan submission."
(2) 
Number of copies to be submitted. The official submission of the preliminary plan shall include the following: (Additional copies may be required by the Borough at the developer's expense.)
(a) 
Two completed copies of the subdivision plan application.
(b) 
Eight legible paper prints of the preliminary plan.
(c) 
Four copies of the required sewage planning module(s) and associated documentation.
(d) 
Eight copies of all other required supporting data and information as required in Article IV of this chapter.
(3) 
Preliminary plan filling fee. The Borough Zoning Officer shall collect a preliminary plan filing fee as established by resolution of the Council for all subdivisions.
(a) 
In accord with § 300-79, fees shall be charged in order to cover the costs of examining plans and other administrative expenses associated with the review of subdivisions.
(b) 
The applicant shall pay the fee at the time of initial submission of the application to the Zoning Officer.
(4) 
Preliminary plan submission verification and distribution. Upon receipt of the preliminary plan and supporting data, the Borough Zoning Officer shall verify the submission for the required number of copies of all documents.
(a) 
If the submission is verified, the Zoning Officer shall accept the said plans and documentation, complete the submission verification, and provide a copy of the plan submission verification to the applicant. The Borough Zoning Officer shall then contact the Planning Commission Secretary, who shall distribute the plans and documentation in accord with Borough policy to:
[1] 
The Borough Engineer.
[2] 
The Borough Solicitor.
[3] 
The Borough Sewage Enforcement Officer.
[4] 
Any other engineer or consultant designated by the Borough.
(b) 
If the submission is not verified, the Borough Zoning Officer shall complete the plan submission verification, noting any and all deficiencies or omissions in the submission, provide a copy of the plan submission verification to the applicant and return all documents to the applicant.
(c) 
The plan submission verification shall only verify that the correct number of copies of all plans and documentation have been submitted and shall in no way be construed to be a plan submission receipt.
(5) 
Official date of the preliminary plan submission. The official date of the preliminary plan submission shall be determined by the Planning Commission, which shall examine the submission to determine that all documents are complete and in proper form.
(a) 
If the submission is not complete or not in the proper form, the applicant shall be notified in writing of the deficiencies, and the submission shall be rejected until the said deficiencies are corrected and then examined again at the next regularly scheduled or special meeting after the resubmission.
(b) 
If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete an official submission receipt listing the date of the said meeting as the official date of the preliminary plan submission and forward said receipt to the applicant.
(c) 
If the first meeting of the Planning Commission following the date of submission verification occurs more than 30 calendar days following the date of submission verification established in accord with § 300-13C(4), the 90 calendar day review period shall be measured from the 30th calendar day following the day of said submission verification.
(d) 
If the application is being submitted after a final order of the court remanding the application to the Borough, the ninety-calendar-day review period shall be measured from the date of the meeting of the Planning Commission next following the final order of the court. If the first meeting of the Planning Commission occurs more than 30 calendar days following the final order of the court, the ninety-calendar-day review period shall be measured from the 30th calendar day following the final order of the court.
(6) 
Distribution of the preliminary plan. Following the official date of the preliminary plan submission, the Planning Commission Secretary shall forward the plan and all required supporting documentation to the Lackawanna County Regional Planning Commission. The applicant shall be responsible for submission of the plan and all required supporting documentation to the Lackawanna County Conservation District, PennDOT, and all other governing agencies.
D. 
Preliminary plan review and action.
(1) 
Planning Commission review and action period. The Planning Commission shall review the properly submitted preliminary plan to determine compliance with this chapter and take action to reject or recommend to Council denial, approval, or approval with conditions and modifications of such plan as provided in this § 300-13D. The Planning Commission shall make its recommendation to Council and communicate in writing such recommendation to the applicant within 15 days of when the decision was made.
(a) 
If approval is recommended, the plans and written notice of said recommendation along with the sewage planning and other documentation shall be forwarded to Council.
(b) 
If approval with conditions is recommended, such approval recommendation shall be communicated to Council and the applicant in writing along with a statement of the conditions.
(c) 
If denial is recommended, the specific reasons for such denial, citing specific provisions of this chapter or other applicable statute, and date shall be communicated to Council and the applicant.
(2) 
Council review and action period. Upon the receipt of the Planning Commission's recommendation, Council shall make its decision regarding the preliminary plan and communicate in writing such decision to the applicant within 15 days of when the decision is made. However, in no case shall the period for Borough review and action, including the written communication to the applicant, exceed 90 days from the official date of the preliminary plan submission as established pursuant to § 300-13C(5).
(3) 
Council approval with conditions. When a preliminary plan is approved with conditions, such conditions shall be expressly included in the minutes of the Council meeting at which the preliminary plan is considered and communicated in writing to the applicant as provided in § 300-13D(2). When a preliminary plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept the said conditions and/or modifications, in writing, within 15 days of receipt of said written notice, the said conditional approval of the preliminary plan shall become an automatic disapproval, and the said plan shall be resubmitted as required by § 300-13 of this chapter, including a new filing fee. The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions shall constitute a denial of the plan.
(4) 
Council denials. When a preliminary plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the meeting at which the preliminary plan is considered and communicated in writing to the applicant as provided in § 300-13D(2).
E. 
Reviewing agencies' and officials' comments. The Planning Commission and Council may consider the comments and the recommendations provided pursuant to § 300-13C(6) and may request such additional information as deemed necessary.
F. 
Lackawanna County Regional Planning Commission comments. No official action shall be taken by the Council until it has received and considered the comments of the Lackawanna County Regional Planning Commission or after 30 days following transmittal of the preliminary plan to the Lackawanna County Regional Planning Commission.
G. 
Sewage facilities planning modules. The Council shall concurrently make its decision on the sewage facilities planning module, and if approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Protection. Preliminary plan approval shall be conditional upon Department of Environmental Protection sewage planning approval.
H. 
Highway occupancy permit. If a highway occupancy permit shall be required for access to a Borough or state road, approval of the preliminary major subdivision plan shall be conditional upon the issuance of a highway occupancy permit by the Borough or PennDOT, as the case may be.
I. 
Public hearing. The Planning Commission or Council may conduct a public hearing on the proposed preliminary plan pursuant to public notice.
J. 
Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Council, and any such agreement shall be in writing.
All final plans for major subdivisions shall be submitted and be processed in accord with this § 300-14.
A. 
Final plan application. An application for final plan approval can be submitted only when all of the following conditions have been met:
(1) 
The subdivision has previously been granted an unconditional preliminary plan approval in accord with § 300-13 or all conditions established by the Borough Council for the preliminary plan approval have been fulfilled by the applicant.
(2) 
All improvements, such as roads and drainage facilities (see definition of "improvement" in Article II), which are shown on the preliminary plan, have been completed or guaranteed in accord with Article V of this chapter.
B. 
Final plan conformation; five-year protection from ordinance changes. The final plan shall conform in all principal respects to the previously approved preliminary plan. The Planning Commission shall determine whether a modified final plan shall be accepted or whether a new preliminary plan shall be submitted pursuant to § 300-13. In accord with § 300-6 of this chapter and § 508(4) of the MPC, when a preliminary plan has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accord with the terms of such approval within five years from such approval.
C. 
Sections. Final plans may be submitted in sections in accord with § 508(4)(v),(vi) and (vii) of the MPC, each covering a portion of the entire proposed subdivision as shown on the preliminary plan.
(1) 
Each section in the subdivision, except for the last section, shall contain a minimum of 25% of the total number of lots and/or dwelling units as depicted on the preliminary plan, except that the Council may approve a lesser percentage.
(2) 
When a final plan is proposed to be submitted by sections, a proposed layout of the sections, their boundaries, the order of submission, and a schedule of submission shall be submitted to the Borough for approval prior to submission of the first section.
D. 
Official submission of final plans.
(1) 
Plan to be filed with the Borough. Copies of the final plan and all required supporting documentation shall be submitted to the Borough Zoning Officer by the applicant or authorized representative by noon at least 10 working days prior to the Planning Commission meeting at which the applicant applies for the "official date of final plan submission."
(2) 
Number of copies to be submitted. The official submission of the final plan shall include the following:
(a) 
Two completed copies of the subdivision plan review application.
(b) 
Eight legible paper prints of the final plan. Following recommendation for approval by the Planning Commission and when all corrections have been made to the final plan, seven paper prints shall be submitted for final signature.
(c) 
Four copies of all required sewage disposal approvals and/or permits from the Pennsylvania Department of Environmental Protection.
(d) 
Four copies of the applicable highway occupancy permit.
(e) 
Eight copies of all other required supporting data and information as required in Article IV of this chapter.
(3) 
Final plan filing fee. The Borough Zoning Officer shall collect a final plan filing fee as established by resolution of the Council for all subdivisions.
(a) 
Fees charged shall cover the costs of examining plans and other administrative expenses associated with the review of subdivision.
(b) 
The applicant shall pay the fee at the time of initial submission of the application to the Zoning Officer.
(4) 
Final plan submission verification and distribution. Upon receipt of the final plan and supporting data, the Borough Zoning Officer shall verify the submission for the required number of copies of all documents.
(a) 
If the submission is verified, the Zoning Officer shall accept the said plans and documentation, complete the submission verification, and provide a copy of the plan submission verification to the applicant. The Borough Zoning Officer shall then contact the Planning Commission Secretary, who shall distribute the plans and documentation in accord with Borough policy to:
[1] 
The Borough Engineer.
[2] 
The Borough Solicitor.
[3] 
The Borough Sewage Enforcement Officer.
[4] 
Any other engineer or consultant designated by the Borough.
(b) 
If the submission is not verified, the Zoning Officer shall complete the plan submission verification, noting any and all deficiencies or omissions in the submission, provide a copy of the plan submission verification to the applicant, and return all documents to the applicant.
(c) 
The plan submission verification shall only verify that the correct number of copies of all plans and documentation have been submitted and shall in no way be construed to be a plan submission receipt.
(5) 
Official date of the final plan submission. The official date of the final plan submission shall be determined by the Planning Commission, which shall examine the submission to determine that all documents are complete and in proper form.
(a) 
If the submission is not complete or not in the proper form, the applicant shall be notified in writing of the deficiencies, and the submission shall be rejected until the said deficiencies are corrected and then examined again at the next regularly scheduled or special meeting after the resubmission.
(b) 
If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete an official submission receipt listing the date of the said meeting as the official date of the final plan submission and forward said receipt to the applicant.
(c) 
If the first meeting of the Planning Commission following the date of submission verification occurs more than 30 calendar days following the date of submission verification established in accord with § 300-14D(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said submission verification.
(d) 
If the application is being submitted after a final order of the court remanding the application to the Borough, the ninety-calendar-day review period shall be measured from the date of the meeting of the Planning Commission next following the final order of the court. If the first meeting of the Planning Commission occurs more than 30 calendar days following the final order of the court, the ninety-calendar-day review period shall be measured from the 30th calendar day following the final order of the court.
(6) 
Distribution of the final plan. Following the official date of the final plan submission, the Planning Commission Secretary shall forward the plan and all required supporting documentation to the Lackawanna County Regional Planning Commission. The applicant shall be responsible for submission of the plan and all required supporting documentation to the Lackawanna County Conservation District, PennDOT and all other governing agencies.
E. 
Final plan review and action.
(1) 
Planning Commission review and action period. The Planning Commission shall review the properly submitted final plan to determine compliance with this chapter and take action to reject or recommend to Council denial, approval, or approval with conditions and modifications of such plan, as provided in this § 300-14E. The Planning Commission shall make its recommendation to Council and communicate, in writing, such recommendation to the applicant within 15 calendar days of when the decision was made.
(a) 
If approval is recommended, the plan and written notice of said recommendation, along with the other documentation, shall be forwarded to Council.
(b) 
If approval with conditions is recommended, such approval recommendation shall be communicated to Council and the applicant, in writing, along with a statement of such conditions.
(c) 
If denial is recommended, the specific reasons for such denial, citing specific provisions of this chapter or other applicable statute, and the date of the denial recommendation, shall be communicated to Council and the applicant, in writing.
(2) 
Council review and action period. Upon the receipt of the Planning Commission's recommendation, Council shall make its decision regarding the final plan and communicate, in writing, such decision to the applicant within 15 calendar days of when the decision is made. However, in no case shall the period for Borough review and action, including the written communication to the applicant, exceed 90 calendar days from the official date of the final plan submission as established pursuant to § 300-14D(5).
(3) 
Council approval with conditions. When a final plan is approved with conditions, such conditions shall be expressly included in the minutes of the Council meeting at which the final plan is considered and communicated, in writing, to the applicant as provided in § 300-14E(2). When a final plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept the said conditions and/or modifications, in writing, within 15 calendar days of receipt of said written notice, the said conditional approval of the final plan shall become an automatic disapproval, and the said plan shall be resubmitted as required by § 300-14, including a new filing fee. The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions shall constitute a denial of the plan.
(4) 
Council denials. When a final plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the Council meeting at which the final plan is considered and communicated, in writing, to the applicant as provided in § 300-14E(2).
F. 
Reviewing agencies' and officials' comments. The Planning Commission and Council shall consider the comments and the recommendations provided pursuant to § 300-14D(6) and may request such additional information as deemed necessary.
G. 
Lackawanna County Regional Planning Commission comments. No official action shall be taken by the Council until it has received and considered the comments of the Lackawanna County Regional Planning Commission or after 30 calendar days following transmittal of the final plan to the Lackawanna County Regional Planning Commission.
H. 
Public hearing. The Planning Commission or Council may conduct a public hearing on the proposed final plan pursuant to public notice.
I. 
Planned improvements. The Council shall not approve or sign the final plan until such time as all the improvements shown on the final plan have been installed by the developer and verified as complete by the Borough Engineer or a performance guarantee has been provided by the applicant pursuant to Article V of this chapter.
J. 
Signature of final plan. When all requirements and conditions have been fulfilled by the applicant and all supplemental data and documents have been submitted and approved, the Council shall endorse the final plan for recording purposes and shall retain at least one endorsed print.
K. 
Recording of the final plan. The applicant shall file the final record plan with the Lackawanna County Recorder of Deeds within 90 calendar days of the date of endorsement by the Council and provide to the Borough proof of such recording within 15 calendar days of such recording. If the applicant fails to record the final record plan in the Recorder's office within the required ninety-calendar day period, the action of the Council shall be deemed null and void and a resubmission of the plan shall be made to the Planning Commission.
L. 
As-built plans. Upon the completion of all improvements, the applicant shall provide to the Borough plans certified by the applicant's surveyor and engineer showing all such improvements as installed. Five percent of any financial guarantee held by the Borough shall be retained until the as-built plans are submitted. Failure of the applicant to provide the as-built plans shall constitute a violation of this chapter and shall be subject to all the enforcement proceedings contained in this chapter.
M. 
Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Council, and any such agreement shall be in writing.
Preliminary plans for minor subdivisions shall not be required. However, a final plan for all minor subdivisions shall be submitted to the Borough and be processed in accord with this § 300-15.
A. 
Official submission of minor subdivision plans.
(1) 
Plan to be filed with the Borough. Copies of the minor subdivision plan and all required supporting documentation shall be submitted to the Borough Zoning Officer by the applicant or authorized representative by noon at least 10 working days prior to the Planning Commission meeting at which the applicant applies for the "official date of minor subdivision plan submission."
(2) 
Number of copies to be submitted. The official submission of the minor subdivision plan shall include the following:
(a) 
Two completed copies of the subdivision plan application.
(b) 
Eight legible paper prints of the minor subdivision plan.
(c) 
Four copies of the required sewage planning module(s) and associated documentation.
(d) 
Eight copies of all other required supporting data and information as required in Article IV of this chapter.
(3) 
Minor subdivision plan filing fee. The Borough Zoning Officer shall collect a minor subdivision plan filing fee as established by resolution of the Council for all subdivisions.
(a) 
Fees charged shall cover the costs of examining plans and other administrative expenses associated with the review of a subdivision.
(b) 
The applicant shall pay the fee at the time of initial submission of the application to the Zoning Officer.
(4) 
Minor subdivision plan submission verification and distribution. Upon receipt of the minor subdivision plan and supporting data, the Borough Zoning Officer shall verify the submission for the required number of copies of all documents.
(a) 
If the submission is verified, the Zoning Officer shall accept the said plans and documentation, complete the submission verification, and provide a copy of the plan submission verification to the applicant. The Borough Zoning Officer shall then contact the Planning Commission Secretary, who shall distribute the plans and documentation in accord with Borough policy to:
[1] 
The Borough Engineer.
[2] 
The Borough Solicitor.
[3] 
The Borough Sewage Enforcement Officer.
[4] 
Any other engineer or consultant designated by the Borough.
(b) 
If the submission is not verified, the Zoning Officer shall complete the plan submission verification, noting any and all deficiencies or omissions in the submission, provide a copy of the plan submission verification to the applicant, and return all documents to the applicant.
(c) 
The plan submission verification shall only verify that the correct number of copies of all plans and documentation have been submitted and shall in no way be construed to be a plan submission receipt.
(5) 
Official date of the minor subdivision submission. The official date of the minor subdivision plan submission shall be determined by the Planning Commission, which shall examine the submission to determine that all documents are complete and in proper form.
(a) 
If the submission is not complete or not in the proper form, the applicant shall be notified in writing of the deficiencies, and the submission shall be rejected until the said deficiencies are corrected and then examined again at the next regularly scheduled or special meeting after the resubmission.
(b) 
If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete an official submission receipt listing the date of the said meeting as the official date of the minor subdivision plan submission and forward said receipt to the applicant.
(c) 
If the first meeting of the Planning Commission following the date of submission verification occurs more than 30 calendar days following the date of submission verification established in accord with § 300-15A(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said submission verification.
(d) 
If the application is being submitted after a final order of the court remanding the application to the Borough, the ninety-calendar-day review period shall be measured from the date of the meeting of the Planning Commission next following the final order of the court. If the first meeting of the Planning Commission occurs more than 30 calendar days following the final order of the court, the ninety-calendar-day review period shall be measured from the 30th calendar day following the final order of the court.
(6) 
Distribution of the minor subdivision plan. Following the official date of the minor subdivision submission, the Planning Commission Secretary shall forward the plan and all required supporting documentation to the Lackawanna County Regional Planning Commission. The applicant shall be responsible for submission of the plan and all required supporting documentation to the Lackawanna County Conservation District, PennDOT and all other governing agencies.
B. 
Minor subdivision plan review and action.
(1) 
Planning Commission review and action period. The Planning Commission shall review the properly submitted minor subdivision plan to determine compliance with this chapter and take action to reject or recommend to Council denial, approval, or approval with conditions and modifications of such plan, as provided in this § 300-15B. The Planning Commission shall make its recommendation to Council and communicate, in writing, such recommendation to the applicant within 15 calendar days of when the decision was made.
(a) 
If approval is recommended, the plan and written notice of said recommendation, along with the other documentation, shall be forwarded to Council.
(b) 
If approval with conditions is recommended, such approval recommendation shall be communicated to Council and the applicant, in writing, along with a statement of such conditions.
(c) 
If denial is recommended, the specific reasons for such denial, citing specific provisions of this chapter or other applicable statute, and the date of the denial recommendation shall be communicated to Council and the applicant, in writing.
(2) 
Council review and action period. Upon the receipt of the Planning Commission's recommendation, Council shall make its decision regarding the minor subdivision plan and communicate, in writing, such decision to the applicant within 15 calendar days of when the decision is made. However, in no case shall the period for Borough review and action, including the written communication to the applicant, exceed 90 calendar days from the official date of the minor subdivision plan submission as established pursuant to § 300-15A(5).
(3) 
Council approval with conditions. When a minor subdivision plan is approved with conditions, such conditions shall be expressly included in the minutes of the Council meeting at which the minor subdivision plan is considered and communicated, in writing, to the applicant as provided in § 300-15B(2). When a minor subdivision plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept the said conditions and/or modifications, in writing, within 15 calendar days of receipt of said written notice, the said conditional approval of the minor subdivision plan shall become an automatic disapproval, and the said plan shall be resubmitted as required by § 300-15, including a new filing fee. The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions shall constitute a denial of the plan.
(4) 
Council denials. When a minor subdivision plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the Council meeting at which the minor subdivision plan is considered and communicated, in writing, to the applicant as provided in § 300-15B(2).
C. 
Reviewing agencies' and officials' comments. The Planning Commission and Council shall consider the comments and the recommendations pursuant to § 300-15A(6) and may request such additional information as deemed necessary.
D. 
Lackawanna County Regional Planning Commission comments. No official action shall be taken by the Council until it has received and considered the comments of the Lackawanna County Regional Planning Commission or after 30 calendar days following transmittal of the minor subdivision plan to the Lackawanna County Regional Commission.
E. 
Sewage facilities planning modules. The Council shall concurrently make its decision on the sewage facilities planning module, and, if approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Protection. Minor subdivision plan approval shall be conditional upon Department of Environmental Protection sewage planning approval.
F. 
Highway occupancy permit. If a highway occupancy permit shall be required for access to a Borough or state road, approval of the minor subdivision plan shall be conditional upon the issuance of a highway occupancy permit by the Borough or PennDOT, as the case may be.
G. 
Soil erosion and sedimentation control. Approval of the preliminary plan shall be conditional upon the approval of the soil erosion and sedimentation control plan by the Lackawanna County Conservation District and the issuance of any associated permits.
H. 
Public hearing. The Planning Commission or Council may conduct a public hearing on the proposed minor subdivision plan pursuant to public notice.
I. 
Signature of minor subdivision plan. When all requirements and conditions have been fulfilled by the applicant and all supplemental data and documents have been submitted and approved, the Council shall endorse the minor subdivision plan for recording purposes and shall retain at least one endorsed print.
J. 
Recording of the minor subdivision plan. The applicant shall file the minor subdivision record plan with the Lackawanna County Recorder of Deeds within 90 calendar days of the date of endorsement by the Council and provide to the Borough proof of such recording within 15 calendar days of such recording. If the applicant fails to record the minor subdivision record plan in the Recorder's office within the required ninety-calendar day period, the action of the Council shall be deemed null and void, and a resubmission of the plan shall be made to the Planning Commission.
K. 
Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Council, and any such agreement shall be in writing.
A. 
General procedures.
(1) 
Applicability. All plans for land developments, except as noted in Subsection A(3) below, shall be submitted and processed in accord with this § 300-16.
(2) 
Intent. The intent of this § 300-16 is to combine the preliminary and final plan approval stages into one step for land developments which do not involve the transfer of any interest in real estate, other than rental or short-term lease. Requiring preliminary and final approval for such land developments is not necessary because no transfer of real estate is proposed, and the preliminary-final process is not necessary to assure the completion of improvements for the protection of individual purchasers. Occupancy of any structures which are part of the land development shall not be permitted until all required improvements have been completed by the developer and approved by the Borough.
(3) 
Nonqualifying land developments. Land developments (e.g., condominiums or townhouses transferred in fee) which involve the transfer of any interest in real estate, other than rental or short-term lease, shall comply with §§ 300-13 and 300-14 of this chapter.
B. 
Land development plan application. An application for land development plan approval shall be submitted in accord with this § 300-16.
C. 
Official submission of land development plans.
(1) 
Plan to be filed with the Borough. Copies of the land development plan and all required supporting documentation shall be submitted to the Borough Zoning Officer by the applicant or his authorized representative at least 10 working days prior to the Planning Commission meeting at which the applicant applies for the official date of land development plan submission.
(2) 
Number of copies to be submitted. The official submission of the land development plan shall include the following:
(a) 
Ten completed copies of the land development plan review application.
(b) 
Ten legible paper prints of the land development plan. Following recommendation for approval by the Planning Commission and when all corrections have been made to the land development plan, seven prints shall be submitted for final signature.
(c) 
Six copies of all required sewage disposal approvals and/or permits from the Pennsylvania Department of Environmental Protection.
(d) 
Six copies of all other required supporting data and information as required in Article IV of this chapter.
(3) 
Land development plan filing fee. The Borough Zoning Officer shall collect a land development plan filing fee as established by resolution of the Council.
(a) 
Fees charged shall cover the costs of examining plans and other administrative expenses associated with the review of land developments.
(b) 
The applicant shall pay the fee at the time of initial submission of the application to the Zoning Officer.
(4) 
Land development plan submission verification and distribution. Upon receipt of the land development plan and supporting data, the Borough Zoning Officer shall verify the submission for the required number of copies of all documents.
(a) 
If the submission is verified, the Zoning Officer shall accept the said plans and documentation, complete the submission verification, and provide a copy of the plan submission verification to the applicant. The Borough Zoning Officer shall then contact the Planning Commission Secretary, who shall distribute the plans and documentation in accord with Borough policy to:
[1] 
The Borough Engineer.
[2] 
The Borough Solicitor.
[3] 
The Borough Sewage Enforcement Officer.
[4] 
Any other engineer or consultant designated by the Borough.
(b) 
If the submission is not verified, the Zoning Officer shall complete the plan submission verification, noting any and all deficiencies or omissions in the submission, provide a copy of the plan submission verification to the applicant, and return all documents to the applicant.
(c) 
The plan submission verification shall only verify that the correct number of copies of all plans and documentation have been submitted and shall in no way be construed to be a plan submission receipt.
(5) 
Official date of the land development plan submission. The official date of the land development plan submission shall be determined by the Planning Commission, which shall examine the submission to determine that all documents are complete and in proper form.
(a) 
If the submission is not complete or not in the proper form, the applicant shall be notified, in writing, of the deficiencies, and the submission shall be rejected until the said deficiencies are corrected and then examined again at the next regularly scheduled or special meeting after the resubmission.
(b) 
If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete an official submission receipt listing the date of the said meeting as the official date of the land development plan submission and forward said receipt to the applicant.
(c) 
If the first meeting of the Planning Commission following the date of submission verification occurs more than 30 calendar days following the date of submission verification established in accord with § 300-16C(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said submission verification.
(d) 
If the application is being submitted after a final order of the court remanding the application to the Borough, the ninety-calendar-day review period shall be measured from the date of the meeting of the Planning Commission next following the final order of the court. If the first meeting of the Planning Commission occurs more than 30 calendar days following the final order of the court, the ninety-calendar-day review period shall be measured from the 30th calendar day following the final order of the court.
(6) 
Distribution of the land development plan. Following the official date of the land development plan submission, the Planning Commission Secretary shall forward the plan and all required supporting documentation to the Lackawanna County Regional Planning Commission. The applicant shall be responsible for submission of the plan and all required supporting documentation to the Lackawanna County Conservation District, PennDOT, and all other governing agencies.
D. 
Land development plan review and action.
(1) 
Planning Commission review and action period. The Planning Commission shall review the properly submitted land development plan to determine compliance with this chapter and take action to reject or recommend to Council denial, approval, or approval with conditions and modifications of such plan, as provided in this § 300-16D. The Planning Commission shall make its recommendation to Council and communicate, in writing, such recommendations to the applicant within 15 calendar days of when the decision was made.
(a) 
If approval is recommended, the signed and dated plan shall be forwarded to Council.
(b) 
If approval with conditions is recommended, the plan shall not be signed, but such approval recommendation shall be communicated to Council and the applicant, in writing, along with a statement of such conditions.
(c) 
If denial is recommended, the specific reasons for such denial, citing specific provisions of this chapter or other applicable statute, and the date of denial shall be communicated to Council and the applicant, in writing.
(2) 
Council review and action period. Upon the receipt of the Planning Commission's recommendation, Council shall make its decision regarding the land development plan and communicate, in writing, such decision to the applicant within 15 calendar days of when the decision is made. However, in no case shall the period for Borough review and action, including written communication to the applicant, exceed 90 calendar days from the official date of the land development submission, as established pursuant to § 306-16C(5).
(3) 
Council approval with conditions. When a land development plan is approved with conditions, such conditions shall be expressly included in the minutes of the Council meeting at which the land development plan is considered and communicated, in writing, to the applicant as provided in § 300-16D(2). When a land development plan has been approved subject to any conditions and/or modifications, and the applicant does not agree and accept the said conditions and/or modifications in writing within 15 calendar days of receipt of said written notice, the said conditional approval of the land development plan shall become an automatic disapproval, and the said plan shall be resubmitted as required by § 300-16, including a new filing fee. The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions shall constitute a denial of the plan.
(4) 
Council denials. When a land development plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the Council meeting at which the land development plan is considered and communicated, in writing, to the applicant as provided in § 300-16D(2).
E. 
Reviewing agencies' and officials' comments. The Planning Commission and Council shall consider the comments and the recommendations provided pursuant to § 300-16C(16) and may request such additional information as deemed necessary.
F. 
Lackawanna County Regional Planning Commission comments. No official action shall be taken by the Council until it has received and considered the comments of the Lackawanna County Regional Planning Commission or after 30 calendar days following transmittal of the land development plan to the Lackawanna County Regional Commission.
G. 
Sewage facilities planning modules. The Council shall concurrently make its decision on the sewage facilities planning module, and if approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Protection. Land development plan approval shall be conditional upon Department of Environmental Protection sewage planning approval.
H. 
Highway occupancy permit. If a highway occupancy permit shall be required for access to a Borough or state road, approval of the land development plan shall be conditional upon the issuance of a highway occupancy permit by the Borough or PennDOT, as the case may be.
I. 
Soil erosion and sedimentation control. Approval of the land development plan shall be conditional upon the approval of the soil erosion and sedimentation control plan by the Lackawanna County Conservation District and the issuance of any associated permits.
J. 
Public hearing. The Planning Commission or Council may conduct a public hearing on the proposed land development plan pursuant to public notice.
K. 
Authorization to proceed with land development or to provide a financial guarantee. Following any approval granted pursuant to § 300-16D(2) and when all requirements and conditions have been fulfilled by the applicant to satisfy any conditional approval, the Council shall provide to the applicant a letter authorizing the applicant to proceed with site development and construction in accord with the approved plan. In lieu of constructing the improvements, the applicant may provide a financial guarantee in accord with Article V of this chapter.
L. 
Final approval; signature on land development plan. The Council shall not sign the land development plan until such time as all the improvements shown on the land development plan have been installed by the applicant and have been verified as complete by the Borough Engineer or a performance guarantee has been provided by the applicant pursuant to Article V of this chapter. When all these requirements and conditions have been fulfilled by the applicant, the Council shall endorse the land development plan for recording purposes.
M. 
Recording of the land development plan. The applicant shall file the final record plan with the Lackawanna County Recorder of Deeds within 90 calendar days of the date of endorsement by the Council and provide to the Borough proof of such recording within 15 calendar days of such recording. If the applicant fails to record the final record plan in the Recorder's office within the required ninety-calendar day period, the action of the Council shall be deemed null and void, and a resubmission of the plan shall be made to the Planning Commission.
N. 
As-built plans. Upon the completion of all improvements, the applicant shall provide to the Borough plans certified by the applicant's surveyor and engineer showing all such improvements as installed. Five percent of any financial guarantee held by the Borough shall be retained until the as-built plans are submitted. Failure of the applicant to provide the as-built plans shall constitute a violation of this chapter and shall be subject to all the enforcement proceedings contained in this chapter.
O. 
Certificate of conformance. No use of land or structure within the land development shall be initiated until such time as a certificate of conformance has been issued for the land and structure(s) in accord with this chapter. In cases where a financial guarantee for final approval has been provided in lieu of the construction of improvements, no certificate of conformance shall be issued until such time as all the improvements shown on the land development plan have been installed by the applicant and have been certified as complete by the applicant's engineer and inspected by the Borough Engineer pursuant to Article V of this chapter, and as built plans have been provided by the applicant.
P. 
Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Council, and any such agreement shall be in writing.
A. 
Lot improvement subdivisions, which involve the combination of lots of record which are shown on a map on file at the office of the Lackawanna County Recorder of Deeds (the applicant shall certify to the Council that the subject map is, in fact, on record) and which do not involve the creation of any new lot lines, may be submitted directly to the Planning Commission. A new map for such lot improvements shall not be required; however, the combination shall be effected by the execution of an owner's affidavit for same, which shall be recorded with the Lackawanna County Recorder of Deeds upon the signature of the applicant and the Council. The owner's affidavit shall be in such form as required by the Council upon the recommendation of the Borough Solicitor, and it shall include a reference to the lot numbers of the subject lots and the plat book and page number where the map is recorded.
B. 
Lot improvement subdivisions which involve the creation of new lot lines shall require a new subdivision map and shall be processed in the manner set forth in § 300-15; however, sewage planning modules may not be required unless additional, new sewage disposal areas are proposed. The applicable notes listed in § 300-23C(2) shall be included on the map, and the combination language shall also be included in the deed from the grantor to the grantee and made binding on the combined parcel(s) of the grantee via articles of restrictive covenants.
C. 
All documents to be recorded to effect any lot improvement subdivision shall be in such form as approved by the Council with the recommendation of the Borough Solicitor, and said documents shall be turned over to the Borough Solicitor, who shall record same. The fee for lot improvement subdivisions shall be established by resolution of the Council and shall include the costs of recording.
In cases where a parcel is being subdivided in order to convey one or more lots, such that the parent parcel when subdivided remains 10 acres or more in size, the requirement that the parent parcel be surveyed may be waived by the Council, provided not more than four lots shall be platted from the parent parcel in any one-year period and the applicant can demonstrate to the satisfaction of the Council that an adequate description of the parent parcel is on record which may be a recorded survey map or recorded deed description. All parcel(s) subdivided therefrom shall be surveyed and platted in accord with all the requirements of this chapter, and said parcel(s) shall front on a public road or evidence satisfactory to the Council otherwise demonstrating access shall be provided by the applicant. The subdivision shall in all other respects be processed in accord with this chapter.
In accord with § 502.1(b) of the MPC, the governing body of any municipality contiguous to the Borough may appear before the Planning Commission and/or Council to comment on a proposed subdivision, change of land use, or land development.