Borough of Mount Pocono, PA Plan Processing

Unless otherwise provided by this chapter, all required plans, applications, fees and supporting data shall be submitted to the Borough Secretary not less than 15 working 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 15 working 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.

All plans and documents, in addition to the required number of paper copies, shall be submitted on compact disk in electronic portable document file (PDF) or other electronic format approved by the Borough.

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

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

Refiling of plans.

The refiling of plans shall be done in the same manner and number as required for the initial filing.

Any revised plans submitted shall include all revisions clearly highlighted on the plans or a summary of the revisions sealed by the project engineer.

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

Public hearing. Before acting on any plan, the Planning Commission and/or Borough Council may, at its option, hold a public hearing thereon after public notice.

Action. All minor, preliminary, final plans, and land development 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 Borough Council for approval, approval with conditions, or denial.

Site inspections. [See also § 187-18D(3) and § 187-19C.]

It shall be implicit in any request for plan approval that the landowner automatically grants the Planning Commission, the Borough Council, or anyone designated by either body the right to enter upon the area proposed for the subdivision for the purpose of becoming familiar with the property, making necessary observations or tests or for any other reasonable and lawful purpose.

The Planning Commission or Borough Council may, at the time of sketch plan or preliminary plan submission or at any other time deemed appropriate, schedule a site inspection of the parcel proposed for subdivision or development. The applicant or his representative shall, at a mutually acceptable time, accompany the Borough officials or designated representatives, and to facilitate the inspection, the applicant shall have the approximate center line(s) of any proposed streets marked with temporary stakes.

Recording final plans.

Upon the approval of a final plan, the applicant shall, within 90 calendar days of endorsement by the Council, record such record plan in the office of the Monroe County Recorder of Deeds 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.

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

Prior approvals: See Section 508(4)(ii) of the Pennsylvania Municipalities Planning Code.

Previously filed maps. In cases where a map was filed and put on record prior to the effective date of the original Borough Subdivision and Land Development Ordinance, or other prior regulations, and none of the improvements shown on said map have been installed or completed, said improvements shall be designed and installed in accord with this chapter.

Official Map determination. The applicant shall, prior to submitting any plan, determine if any of the land proposed for subdivision or land development is subject to the Borough Official Map.

§ 187-18 Sketch plan.

Sketch plans, optional.

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:

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.

(e)

Establish an overall design approach that respects its special or noteworthy features while providing for the density permitted under the Zoning Ordinance.[1]

Editor's Note: See Ch. 215, Zoning.

(f)

Ensure that the plan generally conforms with the provisions of this chapter.

(g)

Demonstrate compliance with any design parameters deemed necessary by the Borough for conformance to the Borough 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 plan, prepared in accord with the requirements of § 187-29D, 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. The sketch plan shall be prepared on paper and translucent material (such as tracing paper or Mylar) and at the same scale as the existing resources/site analysis map.

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 § 187-89 shall not constitute approval of the future subdivision shown thereon.

Non-formal 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.

Major subdivisions and land developments. The following procedures shall apply to sketch plans for major subdivisions and land developments:

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 Borough'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.

Existing resources and site analysis plan. Applicants shall submit an existing resources and site analysis plan, in its context, prepared in accord with the requirements of § 187-29D. 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).

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.

Pre-sketch plan 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 process described in § 187-44, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.

Sketch plan submission and review.

Ten copies of a sketch plan, meeting the requirements set forth in § 187-28, shall be submitted to the Borough Secretary during business hours for distribution to the Council, the Planning Commission, the Borough Planner, 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 § 187-44 and with the conservation open space standards listed in § 187-45.

The Planning Commission shall review the sketch plan in accordance with the criteria contained in this chapter and with other applicable ordinances of the Borough. 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 Monroe County Planning Commission for its review and comment. The reviews shall include, but not be limited to:

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;

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

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

The proposed building density and impervious coverage;

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

Consistency with the Borough Zoning Ordinance.[2]

Editor's Note: See Ch. 215, Zoning.

Sketch plan review fee. The Borough Secretary shall collect a sketch plan filing fee as established by resolution of the Council for all subdivisions.

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

The applicant shall pay the fee at the time of initial submission of the sketch plan to the Borough Secretary.

§ 187-19 Preliminary plans for major subdivisions.

See also § 187-17 for general procedures, which supplements the provisions of this § 187-19.

All applications for preliminary plans for major subdivisions shall be submitted to the Borough and processed in accord with this § 187-19.

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 § 187-18, specifically including the existing resources and site analysis plan, plus further details as required by this chapter.

Site inspection. If requested by the Planning Commission, a site inspection shall be arranged and conducted in accord with § 187-18D(3).

§ 187-20 Official submission of preliminary plans.

Plan to be filed with the Borough. Copies of the preliminary plan and all required supporting documentation shall be submitted to the Borough Secretary by the applicant or authorized representative by noon at least 15 working 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. In addition to a compact disk with all documents in electronic portable document file (PDF) or other electronic format approved by the Borough, the official submission of the preliminary plan shall include the following number of paper copies:

Seven completed copies of the subdivision plan application.

Seven legible paper prints of the preliminary plan.

Six copies of the required sewage planning module(s) and associated documentation.

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

Preliminary plan filing fee. The Borough Secretary shall collect a preliminary plan filing fee as established by resolution of the Council for all subdivisions.

Fees charged shall cover the costs of examining plans and other administrative expenses associated with the review of subdivision.

The applicant shall pay the fee at the time of initial submission of the application to the Borough Secretary.

Preliminary plan submission verification and distribution. Upon receipt of the preliminary plan and supporting data, the Borough Secretary shall verify the submission for the required number of copies of all documents.

If the submission is verified, the Secretary shall accept the said plans and documentation, complete the submission verification, noting same, and provide a copy of the plan submission verification to the applicant. The Secretary shall then provide copies of the submission to:

The Borough Engineer.

The Borough Solicitor.

The Borough Planning Commission Solicitor.

The Borough Zoning Officer.

(e)

The Borough Planner.

(f)

Any other engineer or consultant designated by the Borough.

If the submission is not verified, the Secretary 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.

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 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 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.

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.

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 § 187-20D, the ninety-calendar-day review period shall be measured from the 30th calendar 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 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.

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

§ 187-21 Preliminary plan review and action.

See also § 187-17 for general procedures, which supplements the provisions of this § 187-21.

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 § 187-21. 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.

If approval is recommended, the plan and written notice of said recommendation, along with the other documentation, shall be forwarded to Council.

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.

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.

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 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 preliminary plan submission as established pursuant to § 187-20E.

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 § 187-21B. 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 calendar 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 § 187-19, 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.

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 Council meeting at which the preliminary plan is considered and communicated, in writing, to the applicant as provided in § 187-21B.

Reviewing agency and officials comments. The Planning Commission and Council may consider the comments and the recommendations provided pursuant to § 187-20F and may request such additional information as deemed necessary.

Monroe County Planning Commission comments. No official action shall be taken by the Council until it has received and considered the comments of the Monroe County Planning Commission or after 30 calendar days following transmittal of the preliminary plan to the County Planning Commission.

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.

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.

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 Monroe County Conservation District and the issuance of any associated permits.

Public hearing. The Planning Commission or Council may 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 Borough, and any such agreement shall be in writing.

§ 187-22 Final plans for major subdivisions.

All final plans for major subdivisions shall be submitted and processed in accord with this § 187-22. See also § 187-17 for general procedures, which supplements the provisions of this § 187-22.

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

The subdivision has previously been granted an unconditional preliminary plan approval in accord with § 187-19, or all conditions established by the Borough Council for the preliminary plan approval have been fulfilled by the applicant.

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.

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 § 187-19. In accord with § 187-9 of this chapter and § 508(4)(ii) 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.

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.

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.

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.

Official submission of final plans:

Plan to be filed with the Borough. Copies of the final plan and all required supporting documentation shall be submitted to the Borough Secretary by the applicant or authorized representative by noon at least 15 working 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. In addition to a compact disk with all documents in electronic portable document file (PDF) or other electronic format approved by the Borough, the official submission of the final plan shall include the following number of paper copies:

Seven completed copies of the subdivision plan review application.

Seven 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.

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

Six copies of the applicable highway occupancy permit.

(e)

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

Final plan filing fee. The Borough Secretary shall collect a final plan filing fee as established by resolution of the Council for all subdivisions.

Fees charged shall cover the costs of examining plans and other administrative expenses associated with the review of subdivision.

The applicant shall pay the fee at the time of initial submission of the application to the Borough Secretary.

Final plan submission verification and distribution. Upon receipt of the final plan and supporting data, the Borough Secretary shall verify the submission for the required number of copies of all documents.

The Borough Engineer.

The Borough Solicitor.

The Borough Planning Commission Solicitor.

The Borough Zoning Officer.

The Borough Planner.

Any other engineer or consultant designated by the Borough.

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 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.

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 § 187-22D(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said submission verification.

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

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 reject or recommend to Council denial, approval, or approval with conditions and modifications of such plan as provided in this § 187-22E. 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.

If approval is recommended, the plan and written notice of said recommendation, along with the other documentation, shall be forwarded to Council.

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.

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.

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 § 187-22D(5).

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 § 187-22E(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 § 187-22, 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.

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 § 187-22E(2).

Reviewing agency and officials comments. The Planning Commission and Council shall consider the comments and the recommendations provided pursuant to § 187-22D(6) and may request such additional information as deemed necessary.

(7)

Public hearing. The Planning Commission or Council may conduct a public hearing on the proposed final plan pursuant to public notice.

(8)

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.

(9)

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.

(10)

Recording of the final plan. The applicant shall file the final record plan with the Monroe 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.

(11)

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. 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.

(12)

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.

§ 187-23 Minor subdivisions.

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 § 187-23. See also § 187-17 for general procedures, which supplements the provisions of this § 187-23.

Official submission of minor subdivision plans:

Plan to be filed with the Borough. Copies of the minor subdivision plan and all required supporting documentation shall be submitted to the Borough Secretary by the applicant or authorized representative by noon at least 15 working 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. In addition to a compact disk with all documents in electronic portable document file (PDF) or other electronic format approved by the Borough, the official submission of the minor subdivision plan shall include the following number of paper copies:

Seven completed copies of the subdivision plan application.

Seven legible paper prints of the minor subdivision plan.

Six copies of the required sewage planning module(s) and associated documentation.

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

Minor subdivision plan filing fee. The Borough Secretary shall collect a minor subdivision plan filing fee as established by resolution of the Council for all subdivisions.

Fees charged shall cover the costs of examining plans and other administrative expenses associated with the review of subdivision.

The applicant shall pay the fee at the time of initial submission of the application to the Borough Secretary.

Minor subdivision plan submission verification and distribution. Upon receipt of the minor subdivision plan and supporting data, the Borough Secretary shall verify the submission for the required number of copies of all documents.

The Borough Engineer.

The Borough Solicitor.

The Borough Planning Commission Solicitor.

The Borough Zoning Officer.

The Borough Planner.

Any other engineer or consultant designated by the Borough.

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.

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.

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 § 187-23A(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said submission verification.

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

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 reject or recommend to Council denial, approval, or approval with conditions and modifications of such plan as provided in this § 187-23B. 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.

If approval is recommended, the plan and written notice of said recommendation, along with the other documentation, shall be forwarded to Council.

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.

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.

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 § 187-23A(5).

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 § 187-23B(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 § 187-23, 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.

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 § 187-23B(2).

Reviewing agency and officials comments. The Planning Commission and Council shall consider the comments and the recommendations pursuant to § 187-23A(6) and may request such additional information as deemed necessary.

Monroe County Planning Commission comments. No official action shall be taken by the Council until it has received and considered the comments of the Monroe County Planning Commission or after 30 calendar days following transmittal of the minor subdivision plan to the County Planning Commission.

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.

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.

Soil erosion and sedimentation control. Approval of the minor subdivision plan shall be conditional upon the approval of the soil erosion and sedimentation control plan by the Monroe County Conservation District and the issuance of any associated permits.

Public hearing. The Planning Commission or Council may conduct a public hearing on the proposed minor subdivision plan pursuant to public notice.

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.

Recording of the minor subdivision plan. The applicant shall file the minor subdivision record plan with the Monroe 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.

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.

§ 187-24 Plans for land developments.

See also § 187-17 for general procedures, which supplements the provisions of this § 187-24.

Applicability. All plans for land developments, except as noted in Subsection C below, shall be submitted and processed in accord with this § 187-24.

Intent. The intent of this § 187-24 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.

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 §§ 187-19 through 187-22 of this chapter.

Land development plan application. An application for land development plan approval shall be submitted in accord with this § 187-24.

Official submission of land development plans:

Plan to be filed with the Borough. Copies of the land development plan and all required supporting documentation shall be submitted to the Borough Secretary by the applicant or his authorized representative at least 15 working 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. In addition to a compact disk with all documents in electronic portable document file (PDF) or other electronic format approved by the Borough, the official submission of the land development plan shall include the following number of paper copies:

Seven completed copies of the land development plan review application.

Seven 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.

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

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

Land development plan filing fee. The Borough Secretary shall collect a land development plan filing fee as established by resolution of the Council.

Fees charged shall cover the costs of examining plans and other administrative expenses associated with the review of land developments.

The applicant shall pay the fee at the time of initial submission of the application to the Borough Secretary.

Land development plan submission verification and distribution. Upon receipt of the land development plan and supporting data, the Borough Secretary shall verify the submission for the required number of copies of all documents.

The Borough Engineer.

The Borough Solicitor.

The Borough Planning Commission Solicitor.

The Borough Zoning Officer.

The Borough Planner.

Any other engineer or consultant designated by the Borough.

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.

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.

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 § 187-24E(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said submission verification.

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

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 Council denial, approval or approval with conditions and modifications of such plan as provided in this § 187-24F. 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.

If approval is recommended, the signed and dated plan shall be forwarded to Council.

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.

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.

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 § 187-24E(5).

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 § 187-24F(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 § 187-24, 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.