Article III Plan Processing

All required plans, applications, fees and supporting data shall be presented by certified mail or delivered in person to the Township Manager or his/her designee not less than 10 days prior to the Planning Commission meeting at which the same is to be considered for acceptance for review by the Planning Commission. Any filing received less than 10 days prior to a regularly scheduled meeting of the Planning Commission will not be placed on the agenda for consideration until the next regularly scheduled meeting of the Planning Commission; unless the Planning Commission, in its sole discretion, otherwise agrees due to exceptional or unusual circumstances.

The Township Manager or his/her designee shall review the filing to make a preliminary determination whether the required documents have been filed in proper number and form. If complete, the Township Manager or his/her designee will issue a verification indicating the date the filing was received by the Township Manager or his/her designee. If not complete, all documents and the fee shall be returned to the applicant.

(Reserved)

Attendance. The applicant or a duly authorized representative shall attend each Planning Commission and Board of Commissioners meeting at which the application is on the agenda.

Public hearing. Before acting on any plan, the Planning Commission and/or Board of Commissioners may, at their option, hold a public hearing thereon after public notice.

Action. All minor, preliminary and final plans and all land development plans (but excluding lot line adjustment plans) shall be reviewed by the Planning Commission for compliance with this chapter. Plans and supportive data which are complete shall be recommended to the Board of Commissioners for approval, approval with conditions, or denial.

Recording final plans.

Upon the approval of a final plan, the applicant shall within 90 days of such final approval, or 90 days after the date of delivery of an approved record plan signed by the Board of Commissioners following completion of conditions imposed for such approval, whichever is later, record such record plan in the office of Monroe County Recorder of Deeds, and provide to the Township proof of recording within 105 days of said approval/delivery.

If the applicant fails to record the record plan in the Recorder's office within the required ninety-day period and provide the proof of recording within the one-hundred-five-day period, the action of the Township shall be deemed null and void and a resubmission of the plan shall be made to the Township.

In the case of lot joinder plans, the applicant shall provide proof of recording the required deeds within 90 days of recording the plan for the lot joinder. If the applicant fails to provide the proof of deed recording within the required ninety-day period, the action of the Township shall be deemed null and void and a resubmission of the plan shall be made to the Township.

The Monroe County Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Board of Commissioners, and review by the Monroe County Planning Commission.

The recording of the plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.

§ 390-15 Sketch plan.

Optional sketch plans.

Applicants are 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:

Avoid costly revisions to detailed preliminary plans prepared before a general consensus on the layout is reached with the Planning Commission.

Identify the overall objectives of the applicant using a diagrammatic approach showing broad areas of development and broad areas of conservation.

Determine if the plan is a major or a minor subdivision and/or land development.

Assist applicants and officials to develop a better understanding of the property.

Establish an overall design approach that respects the development parcel's special or noteworthy features, while providing for the density permitted.

Determine the extent to which the plan generally conforms with the provisions of this chapter.

Determine any design parameters deemed necessary by the Township for conformance to the Township Comprehensive Plan.

The critical part of the sketch plan review process is to lay the sketch plan on top of the existing resources and site analysis, prepared in accord with the requirements of § 390-25D, to determine the extent to which the proposed layout of conservation areas, streets, and building lots succeeds in designing around and conserving significant site features. applicants are ENCOURAGED to prepare the sketch plan on translucent material (such as tracing paper or Mylar) and at the same scale as the Existing Resources/Site Analysis Map.

Contiguous holdings. Where the owner of the site under consideration owns contiguous land suitable for development, the sketch plan shall consider the future development of all such contiguous lands in order to be coordinated in terms of interconnection of open space, traffic movement, drainage and other reasonable considerations. This provision, however, may be waived in full, or in part, by the Township if it is not considered essential to the evaluation of the plans for the current development tract.

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 and shall not confer any vested rights to the applicant. All sketch plans submitted shall be so noted on the plan and in the minutes of the Planning Commission.

Major subdivisions and land developments, sketch plan process. The following procedures shall apply to major subdivisions and land developments when a sketch plan is submitted:

Pre-application meeting. A pre-application meeting is encouraged between applicant, the site designer, and the Planning Commission (and/or its planning consultant), to introduce the applicant to the Township's 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 at this meeting.

Existing resources and site analysis. Applicants should submit an existing resources and site analysis prepared in accord with the requirements of § 390-25D. 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 should be provided prior to or at the site inspection and 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).

Site inspection. After preparing the existing resources and site analysis, applicants should arrange for a site inspection of the property by the Planning Commission and other municipal officials, and shall distribute copies of said site analysis 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 open lands (if applicable), and potential locations for proposed buildings and street alignments. Comments made by municipal 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.

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 § 390-44 of this chapter, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.

Sketch plan submission and review.

Submission. Copies of a sketch plan, meeting the requirements set forth in § 390-24, shall be submitted to the Township Manager or his/her designee during business hours for distribution to the Board, the Planning Commission, the Township Planner, the Township Engineer and applicable advisory boards at least 10 calendar 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 greenway lands, house sites, and street alignments, and shall be based closely upon the information contained in the existing resources and site analysis. The sketch plan shall also be designed in accordance with the four-step design process described in § 390-44 of this chapter, and with the design review standards listed in § 390-45.

Informal review.

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. The purpose of the review is to informally advise the applicant of the extent to which the proposed subdivision or land development appears to conform to the relevant standards of this chapter, and may suggest possible plan modifications that would increase its degree of conformance. Their review may include, but is not limited to:

[a]

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 and on the municipality's Map of Potential Conservation Lands;

[b]

The potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels;

[c]

The location of proposed access points along the existing road network;

[d]

The proposed building density and impervious coverage;

[e]

The compatibility of the proposal with respect to the objectives and policy recommendations of the Comprehensive Plan and the Open Space Plan; and

[f]

General consistency with the Township ordinances.

The Commission may submit its written comments to the applicant. The sketch plan may also be submitted by the Planning Commission to the County Planning Commission for review and comment.

§ 390-16 Preliminary plans for major subdivisions and land developments.

Detailed review. The applicant may request the Township to submit the sketch plan to the Township Engineer, Township planner or other designated professional for review and comment. The applicant shall pay all fees associated with the review in accord with the Township Fee Schedule.

All applications for preliminary plans for major subdivisions and land developments shall be submitted to Pocono Township and be processed in accord with this § 390-16. (See § 390-19 for optional land development plan process.)

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 § 390-24 specifically including the existing resources and site analysis, plus further details as required by this chapter.

Site inspection. A site inspection shall be arranged and conducted in accord with § 390-15D(3) if required by the Planning Commission.

Official submission of preliminary plans.

Plan to be filed with the Township. Copies of the preliminary plan and all required supporting documentation shall be submitted to the Township Manager or his/her designee by the applicant or his authorized representative at least 10 calendar days prior to the Planning Commission meeting at which the applicant applies for the official date of preliminary plan submission.

Number of copies to be submitted. The official submission of the preliminary plan shall include the following:

Nineteen completed copies of the land development plan application.

Fourteen (five full size and nine eleven-inch-by-seventeen-inch size) paper prints of the preliminary plan and one electronic copy with the plan in PDF format.

Four copies of the required sewage planning module(s) and associated documentation as per DEP requirements.

Fourteen copies of the wetland study or abbreviated study, if warranted.

Three copies of the erosion and sedimentation narrative.

Three copies of the stormwater management (SWM) report.

Fourteen copies of modification request application for all requested modifications.

Four copies of a Pennsylvania Department of Transportation Highway Occupancy Permit (HOP) or acknowledgment of project, if applicable.

One professional services agreement.

(j)

Four copies of all other required supporting data and information as required in Article IV of this chapter.

Preliminary plan filing fee. The Township Manager or his/her designee shall collect a preliminary plan filing fee as established by resolution of the Board of Commissioners.

Fees shall be charged in order to cover the costs of examining plans (including, but not limited to, reasonable and necessary charges by the Township's professional consultants for review and report thereon to the Township) and other administrative expenses associated with the review of applications for land development.

The applicant shall pay an initial escrow fee at the time of initial submission of the application to the Township Manager or his/her designee, and shall pay any fees in excess of the initial escrow within 30 days of the date of transmittal of a bill to the applicant for the same by the Township. Unless the bill is disputed in accordance with requirements of the Pennsylvania Municipalities Planning Code,[1] FAILURE TO PAY ANY SUCH FEES WITHIN THE TIME REQUIRED SHALL BE SUFFICIENT BASIS FOR THE TOWNSHIP TO DENY THE APPLICATION FOR LAND DEVELOPMENT.

Editor's Note: See 53 P.S. § 10101 et seq,

Preliminary plan submission verification and distribution. Upon receipt of the preliminary plan and supporting data the Township Manager or his/her designee shall verify the submission for the required number of copies of all documents.

If the submission is verified, the Township Manager or his/her designee shall accept said plans and documentation, complete the submission verification on the status log and checklist, and provide a copy of the plan submission verification to the applicant.

If the submission is not verified, the Township Manager or his/her designee 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 and the fee to the applicant.

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.

Official date of the preliminary plan submission. The official date of the preliminary plan submission shall be 30 days from the submission or the date of the next Planning Commission meeting whichever occurs first.

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 said deficiencies are corrected then examined again at the next regularly scheduled or special meeting after the resubmission.

If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete a submission receipt with the date of said meeting as the official date of the preliminary plan submission and forward a copy of said submission receipt to the applicant. The ninety-day review period shall be measured from the date of the submission receipt unless extended by mutual agreement or as provided in § 390-16B(5)(c).

If the first meeting of the Planning Commission following the date of submission verification occurs more than 30 days following the date of submission verification established in accord with § 390-16B(4) of this chapter, the ninety-day review period shall be measured from the 30th day following the day of said submission verification.

If the application is being submitted after a final order of the court remanding the application to the Township, the ninety-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 days following the final order of the court, the ninety-day review period shall be measured from the 30th day following the final order of the court.

Distribution of the preliminary plan.

Following the official date of the preliminary plan submission, the Township Manager or his/her designee shall forward the plan and all required supporting documentation to the Township Engineer and the Planning Commission unless satisfactory evidence is provided that the applicant has done so.

The Township Manager or his/her designee shall then distribute the plans and documentation in accord with Township policy to:

The Planning Commission Solicitor;

The Township Zoning Officer;

The Township Sewage Enforcement Officer;

Any other engineer or consultant designated by the Township;

The Pocono Township Fire Company; and

The Public Works Department.

The applicant shall be responsible for submission of the plan and all required supporting documentation to the Monroe County Planning Commission, the Monroe County Conservation District, PennDOT, and all other governing agencies.

The applicant is solely responsible for contacting utility companies, as appropriate, including the appropriate water authority, if applicable.

Preliminary plan review and action.

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 recommend to the Board of Commissioners, denial, approval, or approval with conditions and modifications, of such plan as provided in this § 390-16D.

If approval is recommended, the signed and dated plans and written notice of said recommendation along with the sewage planning and other documentation shall be forwarded to the Board of Commissioners.

If approval with conditions is recommended, such approval recommendation shall be communicated to the Board of Commissioners and the applicant in writing along with a statement of the conditions.

If denial is recommended, the specific reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be communicated to the Board of Commissioners and the applicant in writing.

Board of Commissioners review and action period. After the receipt of the Planning Commission's recommendation, the Board of Commissioners shall make its decision regarding the preliminary plan and communicate in writing such decision to the applicant in accord with the Pennsylvania Municipalities Planning Code.[2]

Editor's Note: See 53 P.S. § 10101 et seq,

Board of Commissioners approval with conditions.

When a preliminary plan is approved with conditions, such conditions shall be communicated in writing to the applicant as provided in § 390-16D(2).

The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree to and accept the conditions will result in an automatic denial of the preliminary plan.

When a preliminary plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept said conditions and/or modifications in writing within five days of the date of transmittal of said written notice to the applicant, the conditional approval of the preliminary plan shall become an automatic denial and said plan must then be resubmitted as required by § 390-16 of this chapter, including a new filing fee.

Board of Commissioners denials. When a preliminary plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute relied upon, shall be communicated in writing to the applicant as provided in § 390-16D(2).

Review comments; Zoning Officer's report.

The Township may consider the comments and the recommendations provided pursuant to § 390-16C and may request such additional information as deemed necessary.

§ 390-17 Final plans for major subdivisions and land developments.

The Board of Commissioners shall not grant approval to any preliminary plan until the Zoning Officer provides written confirmation that the proposed preliminary plan complies with Chapter 470, Zoning.

Monroe County Planning Commission comments. No official action shall be taken by the Board of Commissioners until either the Township has received the comments of the Monroe County Planning Commission or a period of 30 days has expired following transmittal of the preliminary plan to the County Planning Commission.

Sewage facilities planning modules. The Township 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.

Highway occupancy permit. If a highway occupancy permit shall be required for access to a Township or state road, approval of the preliminary plan shall be conditional upon the issuance of a highway occupancy permit by the Township and/or PennDOT, as the case may be.

Public hearing. The Planning Commission and/or the Board of Commissioners may, at their option, conduct a public hearing on the proposed preliminary plan pursuant to public notice.

Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Township, and any such agreement shall be in writing.

Inactive plans. Any preliminary plan filed with the Township which has not been revised within two years from the date of the last Township Engineer or Township consultant review letter shall be deemed inactive and abandoned, and may be denied for failure to properly process the plan in accordance with Township ordinances regardless of whether or not the applicant has granted an extension of time to the Township to review the plan in accordance with the time constraints set forth in the Municipalities Planning Code, 53 P.S. § 10101 et seq.

All final plans for major subdivisions and land developments shall be submitted and processed in accord with this § 390-17. (See § 390-19 for optional land development plan process.)

Final plan application. An application for final plan approval can be submitted only when the following conditions have been met:

The subdivision has previously been granted an unconditional preliminary plan approval in accord with § 390-16 of this chapter or all conditions established by the Township for the preliminary plan approval have been fulfilled by the applicant, excluding any outside agency approval or permits.

All required improvements such as roads and drainage facilities (See definition of "improvements" in Article II.) which are shown on the preliminary plan have been completed or are guaranteed in accord with Article V of this chapter.

Final plan conformation; five-year protection from ordinance changes. The final plan shall conform in all principal respects to the previously approved preliminary plan. If the final plan differs from the preliminary plan as approved, the Planning Commission shall determine whether a modified final plan shall be accepted or whether a new preliminary plan shall be submitted pursuant to § 390-16.

Sections. Final plans may be submitted in sections in accord with Section 508(4)(v),(vi) and (vii),[1] each covering a portion of the entire proposed subdivision as shown on the preliminary plan.

Each section in the subdivision, except 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 Board of Commissioners may approve a lesser percentage.

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 Township for approval prior to submission of the first section.

Editor's Note: See 53 P.S. § 10508(4)(v), (vi) and (vii).

Official submission of final plans.

Plan to be filed with the Township. Copies of the final plan and all required supporting documentation shall be submitted to the Township Manager or his/her designee by the applicant or his authorized representative at least 10 calendar days prior to the Planning Commission meeting at which the applicant applies for the official date of final plan submission.

Number of copies to be submitted. The official submission of the final plan shall include the following:

Nineteen completed copies of the final plan review application. Nineteen (five full size and 14 eleven-inch-by-seventeen-inch size) paper prints and one electronic copy with the plan in PDF format, and three Mylar (or equal) prints of the final plan when complete for signature.

Four copies of all required sewage disposal approvals and/or permits from the Pennsylvania Department of Environmental Protection.

Four copies of the applicable highway occupancy permit.

Nineteen copies of the wetland study or abbreviated study, if warranted.

Three copies of the erosion and sedimentation narrative.

Three copies of the stormwater management (SWM) report.

Nineteen copies of the modification request application for all requested modifications (if modifications were approved with the preliminary plan, then the final plan shall identify said modifications.)

One professional services agreement.

Four copies of all other required supporting data and information as required in Article IV of this chapter.

Final plan filing fee. The Township Manager or his/her designee shall collect a final plan filing fee as established by resolution of the Board of Commissioners.

The applicant shall pay an initial escrow fee at the time of initial submission of the application to the Township Manager or his/her designee, and shall pay any fees in excess of the initial escrow within 30 days of the date of transmittal of a bill to the applicant for the same by the Township. Unless the bill is disputed in accordance with requirements of the Pennsylvania Municipalities Planning Code,[2] FAILURE TO PAY ANY SUCH FEES WITHIN THE TIME REQUIRED SHALL BE SUFFICIENT BASIS FOR THE TOWNSHIP TO DENY THE APPLICATION FOR LAND DEVELOPMENT.

Editor's Note: See 53 P.S. § 10101 et seq,

Final plan submission verification and distribution. Upon receipt of the final plan and supporting data the Township Manager or his/her designee shall verify the submission for the required number of copies of all documents.

If the submission is verified, the Township Manager or his/her designee shall accept the plans and documentation, complete the submission verification on the status log and checklist, and provide a copy of the plan submission verification to the applicant.

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.

If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete a submission receipt with the date of said meeting as the official date of the final plan submission and forward a copy of said submission receipt to the applicant. The ninety-day review period shall be measured from the date of the submission receipt unless extended by mutual agreement or as provided in § 390-17E(5)(c).

If the first meeting of the Planning Commission following the date of submission verification occurs more than 30 days following the date of submission verification established in accord with § 390-17E(4) of this chapter, the ninety-day review period shall be measured from the 30th day following the day of said submission verification.

Distribution of the final plan.

Following the official date of the final plan submission, the Township Manager or his/her designee shall forward the plan and all required supporting documentation to the Township Engineer and the Monroe County Planning Commission unless satisfactory evidence is provided that the applicant has done so.

The Township Manager or his/her designee shall then distribute the plans and documentation in accord with Township policy to:

The Planning Commission Solicitor;

The Township Zoning Officer;

The Township Sewage Enforcement Officer; and

Any other engineer or consultant designated by the Township.

The applicant is solely responsible for contacting utility companies, as appropriate, including the appropriate water authority, if applicable.

Final plan review and action.

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 recommend to the Board of Commissioners, denial, approval or approval with conditions and modifications of such plan as provided in this § 390-17F.

If approval is recommended, the signed and dated plans shall be forwarded to the Board of Commissioners.

If approval with conditions is recommended, the plans shall not be signed, but such approval recommendation shall be communicated to the Board of Commissioners and the applicant in writing along with a statement of the conditions.

Board of Commissioners review and action period. After the receipt of the Planning Commission's recommendation, the Board of Commissioners shall make its decision regarding the final plan and communicate in writing such decision to the applicant in accord with the Pennsylvania Municipalities Planning Code.[3]

Editor's Note: See 53 P.S. § 10101 et seq,

Board of Commissioners approval with conditions.

When a final plan is approved with conditions, such conditions shall be communicated in writing to the applicant as provided in § 390-17F(2).

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 will result in an automatic denial of the final plan.

When a final plan has been approved subject to any conditions and/or modifications and the applicant does not agree to and accept said conditions and/or modifications in writing within 15 days of the date of transmittal of said written notice to the applicant, the conditional approval of the preliminary plan shall become an automatic denial, and said plan must then be resubmitted as required by § 390-17 of this chapter, including a new filing fee.

Board of Commissioners denials. When a final plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute relied upon, shall be communicated in writing to the applicant as provided in § 390-17F(2).

Reviewing agency and officials' comments. The Township shall consider the comments and the recommendations provided pursuant to § 390-17E(6) and may request such additional information as deemed necessary.

Public hearing. The Planning Commission and/or Board of Commissioners may, at their option, conduct a public hearing on the proposed final plan pursuant to public notice.

Planned improvements. The Board of Commissioners shall not approve or sign the final plan until such time as all the improvements shown on the final plan and required by the developer's agreement have been installed by the developer, and have been certified as complete by the Township Engineer or a performance guarantee has been provided by the applicant pursuant to Article V of this chapter.

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 Board of Commissioners shall endorse the final plan for recording purposes. The Board of Commissioners shall retain at least one Mylar and one endorsed print.

Recording of the final plan.

Upon the approval of a final plan, the applicant shall within 90 days of such final approval or 90 days after the date of delivery of a record plan signed by the Board of Commissioners following completion of conditions imposed for such approval, whichever is later, record such record plan in the office of Monroe County Recorder of Deeds, and provide to the Township proof of recording within 105 days of said approval/delivery.

The Monroe County Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Board of Commissioners.

As-built plans. Upon the completion of all improvements, the applicant shall provide to the Township two paper sets of plans and one compact disk with the plans in PDF format certified by the applicant's engineer showing all such improvements as installed to document conformance to the record plan. 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 and may result in rescission of approval. (See § 390-30 for as-built plan requirements.) If the as-built plan deviates in any material respect from the record plan, a revised final plan must be submitted for approval.

Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Township, and any such agreement shall be in writing.

§ 390-18 Plans for minor subdivisions.

(Note: See § 390-21 for minor plans for lot line adjustments and plan revisions.)

Preliminary plans for minor subdivisions shall not be required. However, a final plan for all minor subdivisions shall be submitted to the Township and be processed in accord with this § 390-18.

Official submission of minor subdivision plans.

Plan to be filed with the Township. Copies of the minor subdivision plan and all required supporting documentation shall be submitted to the Township Manager or his/her designee by the applicant or his authorized representative at least 10 calendar days prior to the Planning Commission meeting at which the applicant applies for the official date of minor subdivision plan submission.

Number of copies to be submitted. The official submission of the minor subdivision plan shall include the following:

Seventeen completed copies of the minor subdivision plan review application.

Nineteen (Five full size and 14 eleven-inch-by-seventeen-inch size] paper prints and one electronic copy with the plan in PDF format, and three Mylar (or equal) prints of the minor subdivision plan when complete for signature.

Four copies of the sewage facilities planning modules and associated documentation.

Nineteen copies of the wetland study or abbreviated study if warranted.

Nineteen copies of modification request application for all requested modifications.

Nineteen copies of the tract history for verification of minor plan consideration.

Four copies of a Pennsylvania Department of Transportation Highway Occupancy Permit (HOP) or acknowledgement of project, if applicable.

One professional services agreement.

Four copies of all other required supporting data and documentation as required in Article IV of this chapter.

Minor subdivision plan filing fee. The Township Manager or his/her designee shall collect a minor subdivision plan filing fee as established by resolution of the Board of Commissioners.

Editor's Note: See 53 P.S. § 10101 et seq,

Minor subdivision plan submission verification and distribution. Upon receipt of the minor subdivision plan and supporting data the Township Manager or his/her designee shall verify the submission for the required number of copies of all documents.

If the submission is not verified, the Township Manager or his/her designee shall complete the plan submission verification, within five days of receipt of the submission, 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 and the fee to the applicant.

Official date of the minor subdivision submission. The official date of the minor subdivision plan submission shall be 30 days from the submission or the next Planning Commission meeting, whichever occurs first.

If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete a submission receipt with the date of the meeting as the official date of the minor subdivision plan submission and forward a copy of said submission receipt to the applicant. The ninety-day review period shall be measured from the date of the submission receipt unless extended by mutual agreement or as provided in § 390-18B(5)(c).

If the first meeting of the Planning Commission following the date of submission verification occurs more than 30 days following the date of submission verification established in accord with § 390-18B(4) of this chapter, the ninety-day review period shall be measured from the 30th day following the day of said submission verification.

Distribution of the minor subdivision plan.

Following the official date of the minor subdivision plan, the Township Manager or his/her designee shall forward the plan and all required supporting documentation to the Township Engineer and the Planning Commission unless satisfactory evidence is provided that the applicant has done so.

The Township Manager or his/her designee shall then distribute the plans and documentation in accord with Township policy to:

The Planning Commission Solicitor;

The Township Zoning Officer;

The Township Sewage Enforcement Officer;

Any other engineer or consultant designated by the Township;

[5]

The Pocono Township Fire Company; and

[6]

The Public Works Department.

The applicant is solely responsible for contacting utility companies, as appropriate, including the appropriate water authority if applicable.

Minor subdivision plan review and action.

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 recommend to the Board of Commissioners, denial, approval, or approval with conditions and modifications, of such plan as provided in this § 390-18C.

If approval is recommended, the signed and dated plans, along with the sewage planning documentation, shall be forwarded to the Board of Commissioners and the applicant.

Board of Commissioners review and action period. After the receipt of the Planning Commission's recommendation, the Board of Commissioners shall make its decision regarding the minor subdivision plan and communicate in writing such decision to the applicant in accord with the Pennsylvania Municipalities Planning Code.[2]

Editor's Note: See 53 P.S. § 10101 et seq,

Board of Commissioners approval with conditions.

When a minor subdivision plan is approved with conditions, such conditions shall be communicated in writing to the applicant as provided in § 390-18C(2).

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 will result in an automatic denial.

When a minor subdivision plan has been approved subject to any conditions and/or modifications and the applicant does not agree to and accept in writing said conditions and/or modifications within 15 days of transmittal of said written notice to the applicant, said conditional approval of the minor subdivision plan shall become an automatic denial and said plan must then be resubmitted as required by § 390-18 of this chapter, including a new filing fee.

Board of Commissioners denials. When a minor subdivision plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute relied upon, shall be expressly included in the decision and minutes of the Board of Commissioners meeting at which the minor subdivision plan is considered and communicated in writing to the applicant as provided in § 390-18C(2).

Reviewing agency and official's comments. The Township shall consider the comments and the recommendations pursuant to § 390-18B(6) and may request such additional information as deemed necessary.

Sewage facilities planning modules. The Township 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.

Public hearing. The Planning Commission and/or Board of Commissioners may, at their option, conduct a public hearing on the proposed minor subdivision plan pursuant to public notice.

Highway occupancy permit. If a highway occupancy permit shall be required for access to a Township or state road, approval of the land development plan shall be conditional upon the issuance of a highway occupancy permit by the Township and/or PennDOT, as the case may be.

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 Board of Commissioners shall endorse the minor subdivision plan for recording purposes. The Board of Commissioners shall retain at least one Mylar and one endorsed print.

Recording of the minor subdivision plan.

Upon the approval of a minor subdivision plan, the applicant shall within 90 days of such final approval or 90 days after the date of delivery of a record plan signed by the Board of Commissioners, following completion of conditions imposed for such approval, whichever is later, record such record plan in the office of Monroe County Recorder of Deeds, and provide to the Township proof of recording within 105 days of said approval/delivery.

If the applicant fails to record the record plan in the Recorder's office within the required ninety-day period and provide the proof of recording within the one-hundred-five-day period, the action of the Township shall be deemed null and void, and a resubmission of the plan must then be made to the Township, including a new filing fee.

§ 390-19 Optional process for plans for land developments.

The Monroe County Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Board of Commissioners.

Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Township, and any such agreement shall be in writing.

Applicability. All plans for land developments, except as noted in Subsection D below, may, at the applicant's option, be submitted and processed in accord with this § 390-19.

Intent. The intent of this § 390-19 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 ensure 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 Township.

Conditional use or special exception. No land development plan shall be accepted for review until any required zoning conditional use and/or special exception approvals have been obtained for the uses proposed on the plan.

Nonqualifying land developments - preliminary plans and final plans required. Land developments which involve the transfer of any interest in real estate other than rental or short-term lease shall comply with § 390-16, Preliminary plans, and § 390-17, Final plans, of this chapter.

Land development plan application. An application for land development plan approval shall be submitted in accord with this § 390-19.

Official submission of land development plans.

Plan to be filed with the Township. Copies of the land development plan and all required supporting documentation shall be submitted to the Township Manager or his/her designee by the applicant or his authorized representative at least 10 days prior to the Planning Commission meeting at which the applicant applies for the official date of land development plan submission.

Number of copies to be submitted. The official submission of the land development plan shall include the following:

Nineteen completed copies of the land development plan review application.

Nineteen (five full size and 14 eleven-inch-by-seventeen-inch size) paper prints and one electronic copy with the plan in PDF format, and three Mylar (or equal) prints of the land development plan when complete for signature.

Four copies of all required sewage disposal approvals and/or permits from the Pennsylvania Department of Environmental Protection.

Four copies of the applicable highway occupancy permit.

Nineteen copies of the wetland study or abbreviated study, if warranted.

Three copies of the erosion and sedimentation narrative.

Three copies of the stormwater management (SEM) report.

Nineteen copies of modification request application for all requested modifications.

One professional services agreement.

(j)

Four copies of all other required supporting data and information as required in Article IV of this chapter.

Land development plan filing fee. The Township Manager or his/her designee shall collect a land development plan filing fee as established by resolution of the Board of Commissioners.

Editor's Note: See 53 P.S. § 10101 et seq,

Land development plan submission verification and distribution. Upon receipt of the land development plan and supporting data, the Township Manager or his/her designee shall verify the submission for the required number of copies of all documents.

If the submission is verified, the Township Manager or his/her designee shall accept the plans and documentation, complete the submission verification, and provide a copy of the plan submission verification to the applicant.

Official date of the land development plan submission. The official date of the land development plan submission shall be 30 days from the submission or the next Planning Commission meeting, whichever occurs first.

If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete a submission receipt with the date of the meeting as the official date of the land development plan submission and forward a copy of said submission receipt to the applicant. The ninety-day review period shall be measured from the date of the submission receipt unless extended by mutual agreement or as provided in § 390-19F(5)(c).

If the first meeting of the Planning Commission following the date of submission verification occurs more than 30 days following the date of submission verification established in accord with § 390-19F(4) of this chapter, the ninety-day review period shall be measured from the 30th day following the day of said submission verification.

Distribution of the land development plan.

Following the official date of the land development plan submission, the Township Manager or his/her designee shall forward the plan and all required supporting documentation to the Township Engineer and the Planning Commission unless satisfactory evidence is provided that the applicant has done so.

The Township Manager or his/her designee shall then distribute the plans and documentation in accord with Township policy to:

The Planning Commission Solicitor;

The Township Zoning Officer;

The Township Sewage Enforcement Officer;

Any other engineer or consultant designated by the Township;

[5]

The Pocono Township Fire Company; and

[6]

The Public Works Department.

The applicant is solely responsible for contacting utility companies, as appropriate, including the appropriate water authority, if applicable.

Land development plan review and action.

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 the Board of Commissioners, denial, approval or approval with conditions and modifications of such plan as provided in this § 390-19G.

If approval is recommended, the signed and dated plans shall be forwarded to the Board of Commissioners.

If denial is recommended, the specific reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be communicated in writing to the Board of Commissioners and the applicant.

Board of Commissioners review and action period. After the receipt of the Planning Commission's recommendation, the Board of Commissioners shall make its decision regarding the land development plan and communicate in writing such decision to the applicant in accord with the Pennsylvania Municipalities Planning Code.[2]

Editor's Note: See 53 P.S. § 10101 et seq,

Board of Commissioners approval with conditions.

When a land development plan is approved with conditions, such conditions shall be expressly included in the minutes of the Board of Commissioners meeting at which the land development plan is considered and communicated in writing to the applicant as provided in § 390-19G(2).

When a land development plan has been approved subject to any conditions and/or modifications and the applicant does not agree to and accept in writing said conditions and/or modifications within 15 days of transmittal of said written notice to the applicant, said conditional approval of the minor subdivision plan shall become an automatic denial, and said plan must then be resubmitted as required by § 390-19 of this chapter, including a new filing fee.

Board of Commissioners denials. When a land development plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute relied upon, shall be communicated in writing to the applicant as provided in § 390-19G(2).

Review comments; Zoning Officer's report.

The Township may consider the comments and the recommendations provided pursuant to § 390-16C and may request such additional information as deemed necessary.

The Board of Commissioners shall not grant approval to any land development plan until the Zoning Officer provides written confirmation that the proposed land development plan complies with Chapter 470, Zoning.

Sewage facilities planning modules. The Township 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.

Public hearing. The Planning Commission and/or the Board of Commissioners may conduct a public hearing on the proposed land development plan pursuant to public notice.

Authorization to proceed with land development or to provide a financial guarantee. Following any approval granted pursuant to § 390-19G(2) and when all requirements and conditions have been fulfilled by the applicant to satisfy any conditional approval, the Township 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.

Final approval; signature of land development plan. The Board of Commissioners 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 certified as complete by the Township 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 Board of Commissioners shall endorse the Land Development Plan for recording purposes.

Recording of the land development plan.

Upon the approval of a land development plan, the applicant shall within 90 days of such final approval or 90 days after the date of delivery of a record plan signed by the Board of Commissioners, following completion of conditions imposed for such approval, whichever is later, record such record plan in the office of Monroe County Recorder of Deeds, and provide to the Township proof of recording within 105 days of said approval/delivery.

If the applicant fails to record the record plan in the Recorder's office within the required ninety-day period and provide the proof of recording within the one-hundred-five-day period, the action of the Township shall be deemed null and void, and a resubmission of the plan must then be made to the Township.

In the case of lot joinder plans, the applicant shall provide proof of recording the required deeds within 90 days of recording the record plan for the lot joinder. If the applicant fails to provide the proof of deed recording within the required ninety-day period, the action of the Township shall be deemed null and void and a resubmission of the plan must then be made to the Township.

§ 390-20 Plans for minor residential land developments.

Certificate of compliance. No use of land or structure within the land development shall be initiated until such time as a certificate of compliance has been issued by the Township 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 compliance 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 Township Engineer pursuant to Article V of this chapter.

Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Township, and any such agreement shall be in writing.

The intent of this § 390-20 is to simplify the review and approval procedure for minor residential land developments. Preliminary plans for minor residential land development shall not be required; however, a final plan shall be submitted to the Township and be processed in accord with this § 390-20.

Minor residential land development criteria. A land development, as defined by Article II of this chapter, may be considered a minor residential land development for the purposes of this chapter, provided said development does not involve more than three dwelling units or is not by definition considered a major subdivision. Multifamily dwellings, mobile home parks, and campgrounds and recreational vehicle parks shall not qualify as minor residential land developments.

Procedure and other requirements. Minor residential land development plans shall be processed in accord with the requirements for minor subdivisions in § 390-18 of this chapter. All information and design requirements of this chapter applicable to land developments shall also apply to minor residential land developments except as provided in this § 390-20. The Board of Commissioners may, based upon the character of the project and site conditions, waive the applicability of any or all of the land development requirements including the requirement for a survey of the project parcel.

Minor land development determination.

Application to be filed with the Planning Commission. The application for minor residential land development determination shall be submitted to the Planning Commission and shall contain such information as may be necessary for the Township to determine the minor land development status of the proposed project in accord with this § 390-20. The Township shall have the right to require any additional information deemed necessary.

Status of application for minor residential land development determination. The application for minor residential land development determination shall not constitute a formal land development submission and shall not initiate the ninety-day review period normally required for land developments.

Determination of minor residential land development. The Planning Commission shall determine the minor residential land development status of the application in accord with the criteria in this § 390-20 and report their determination regarding the same to the applicant.

In cases where the Planning Commission determines that the proposed development does meet the requirements for a minor residential land development, the information required for the application shall be submitted in accord with § 390-20D.

§ 390-21 Minor plans for lot line adjustments and revisions to approved plans.

If the Planning Commission determines that the subject development does not meet the criteria for a minor residential land development, said development shall be considered a regular land development governed by § 390-19 of this chapter and the information required for the application shall be submitted in accord with all the applicable sections of this chapter and all other applicable requirements.

Minor residential land development application information. Minor residential land development plans and applications shall contain all information required by the Township to determine compliance with this chapter and any other requirements. The plan requirements for minor subdivisions in § 390-27 of this chapter shall serve as the guide for the types of information that may be required. A survey of the parcel of property containing the proposed minor residential land development shall generally not be required; however, the Township shall have the right to require a survey by a registered surveyor in cases where circumstances dictate the need for same to assure compliance with applicable requirements. The Planning Commission shall also have the right to apply any of the standards and requirements contained in this chapter.

Any submission that qualifies as a lot line adjustment, of property held in single ownership, and/or any submission which the Board of Commissioners determines involves only revisions to a previously approved final plan with respect to changes in the supporting documentation or engineering details or to correct erroneous data or minor omissions shall be processed in accord with this § 390-21.

Official submission of adjustment/revision plans.

Plan to be filed with the Township. Copies of the adjustment/revision plan and all required supporting documentation shall be submitted to the Township Manager or his/her designee by the applicant or his authorized representative at least 10 calendar days prior to the Board of Commissioners meeting at which the applicant applies for the official date of adjustment/revision plan submission.

Number of copies to be submitted. The official submission of the adjustment/revision subdivision plan shall include the following:

Nine completed copies of the adjustment/revision plan review application.

Nine paper prints and one electronic copy with the plan in PDF format, and three Mylar (or equal) prints of the adjustment/revision plan when complete for signature.

Four copies of the sewage facilities planning modules and associated documentation.

Nine copies of the tract history for verification of minor plan consideration.

Nine copies of modification request application for all requested modifications.

Nine copies of the wetland study or abbreviated study, if warranted.

Four copies of a Pennsylvania Department of Transportation Highway Occupancy Permit (HOP) or acknowledgment of project, if applicable.

One professional services agreement.

Four copies of all other required supporting data and documentation as required in Article IV of this chapter.

Adjustment/revision plan filing fee. The Township Manager or his/her designee shall collect an adjustment/revision plan filing fee as established by resolution of the Board of Commissioners.

Editor's Note: See 53 P.S. § 10101 et seq,

Fees shall be charged in order to cover the costs of examining plans and other administrative expenses associated with the review of the adjustment/revision plan.

The applicant shall pay the fee at the time of application for review of the adjustment/revision plan.

Adjustment/revision plan submission verification and distribution. Upon receipt of the adjustment/revision plan and supporting data the Township Manager or his/her designee shall verify the submission for the required number of copies of all documents.

Official date of the adjustment/revision submission. The official date of the adjustment/revision plan submission shall be determined by the Board of Commissioners which shall examine the adjustment/revision plan submission to determine that all documents are complete and in proper form.

If the submission is complete and acceptable, the Chairman of the Board of Commissioners shall complete a submission receipt with the date of the meeting as the official date of the adjustment/revision plan submission and forward a copy of said submission receipt to the applicant. The ninety-day review period shall be measured from the date of the submission receipt unless extended by mutual agreement or as provided in § 390-21B(5)(c).

If the first meeting of the Board of Commissioners following the date of submission verification occurs more than 30 days following the date of submission verification established in accord with § 390-21B(4) of this chapter, the ninety-day review period shall be measured from the 30th day following the day of said submission verification.

If the application is being submitted after a final order of the court remanding the application to the Township, the ninety-day review period shall be measured from the date of the meeting of the Board of Commissioners next following the final order of the court. If the first meeting of the Planning Commission occurs more than 30 days following the final order of the court, the ninety-day review period shall be measured from the 30th day following the final order of the court.

Distribution of the adjustment/revision plan.

Following the official date of the adjustment/revision plan submission, the Township Manager or his/her designee shall forward the plan and all required supporting documentation to the Township Engineer and the Planning Commission unless satisfactory evidence is provided that the applicant has done so.

The Township Manager or his/her designee shall then distribute the plans and documentation in accord with Township policy to:

The Planning Commission Solicitor;

The Township Zoning Officer;

The Township Sewage Enforcement Officer; and

Any other engineer or consultant designated by the Township.

The applicant shall be responsible for submission of the plan and all required supporting documentation to the Monroe County Conservation District, PennDOT, and all other governing agencies.

Adjustment/revision plan review and action.

Board of Commissioners review and action period. The Board of Commissioners shall make its decision regarding the adjustment/revision plan and communicate in writing such decision to the applicant in accord with the Pennsylvania Municipalities Planning Code.[2]

Editor's Note: See 53 P.S. § 10101 et seq,

Board of Commissioners approval with conditions.

When an adjustment/revision plan is approved with conditions, such conditions shall be expressly included in the minutes of the Board of Commissioners meeting at which the adjustment/revision plan is considered and communicated in writing to the applicant as provided in § 390-21C(1).

When an adjustment/revision plan has been approved subject to any conditions and/or modifications and the applicant does not agree to and accept in writing said conditions and/or modifications within 15 days of transmittal of said written notice to the applicant, said conditional approval of the minor subdivision plan shall become an automatic denial and said plan must then be resubmitted as required by § 390-21 of this chapter, including a new filing fee.

Board of Commissioners denials. When an adjustment/revision plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute relied upon, shall be communicated in writing to the applicant as provided in § 390-21C(1).

Reviewing agency and officials' comments. The Township shall consider the comments and the recommendations pursuant to § 390-21B(6) and may request such additional information as deemed necessary.

(Reserved)

Public hearing. The Board of Commissioners may, at their option, conduct a public hearing on the proposed adjustment/revision plan pursuant to public notice.

Signature of adjustment/revision plan. When all requirements and conditions have been fulfilled by the applicant and all supplemental data and documents have been submitted and approved, the Board of Commissioners shall endorse the adjustment/revision plan for recording purposes. The Board of Commissioners shall retain at least one Mylar and one endorsed print.

Recording of the adjustment/revision plan.

Upon the approval of an adjustment/revision plan, the applicant shall within 90 days of such final approval or 90 days after the date of delivery of a record plan signed by the Board of Commissioners, following completion of conditions imposed for such approval, whichever is later, record such record plan in the office of Monroe County Recorder of Deeds, and provide to the Township proof of recording within 105 days of said approval/delivery.

§ 390-22 Subdivision from large parcel.

Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Township, and any such agreement shall be in writing.

In cases where a parcel is being subdivided in order to convey one or more lots, the survey of the entire parent parcel may be waived by the Board, provided the remaining parcel is greater than 30 acres in size and the applicant can demonstrate to the satisfaction of the Township 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 Township otherwise demonstrating access, shall be provided by the applicant. The subdivision shall in all other respects be processed in accord with this chapter.

§ 390-23 Contiguous municipalities.

In accord with Section 502.1(b) of the Pennsylvania Municipalities Planning Code,[1] the governing body of any municipality contiguous to Pocono Township may appear before the Township to comment on a proposed subdivision, change of land use, or land development.