Article II Submission Procedures

[Amended 9-2-2025 by Ord. No. 2025-2]

Applicants for subdivision or land development approval are strongly encouraged to submit a sketch plan to the Penn Forest Township Planning Commission for review prior to submission of a formal application. The purpose of the sketch plan is to:

(1)

Provide the applicant with an opportunity to ask questions about such topics as interpretation of ordinance language and conceptual design issues.

(2)

Provide the Township with an opportunity to become acquainted with the project and to express concerns that may surface about such issues as ordinance compliance and community impact.

(3)

To allow important design issues to be considered and clarified at a conceptual design stage before significant drafting, design, engineering and agency review funds are expended.

(4)

The sketch plan is particularly critical for conservation subdivisions that designate greenway land in accordance with the § 210-26.1.

Required copies for sketch plan submission:

(1)

Ten copies of all review maps and materials, as set forth in § 210-13, shall be submitted to the Zoning Officer.

(2)

The Zoning Officer shall distribute one copy of the review maps and materials to each member of the Planning Commission for its review and recommendations.

(3)

The Zoning Officer shall refer one copy of review maps and materials to the Township Engineer for its review and recommendations.

(4)

The Zoning Officer shall refer one copy of the review maps and materials to the Township Manager or Secretary.

(5)

The Zoning Officer shall retain one copy of the review maps and materials.

Submission of a sketch plan does not constitute formal filing of a plan with the Board of Supervisors or the Planning Commission, and shall not commence the statutory review period as required by the Pennsylvania Municipalities Planning Code.[1]

[1]

Editor's Note: See 53 P.S. § 10201.

§ 210-6 Sketch plan review.

[Amended 9-2-2025 by Ord. No. 2025-2]

When review maps and materials have been submitted to the Planning Commission, the data presented will be reviewed by that body at its next regular meeting, provided that submission has occurred no less than 21 days prior to such scheduled meeting.

Upon submission of review maps and materials, the applicant is strongly encouraged to arrange for a site visit with its site designers, the landowner, the Penn Forest Township Planning Commission, and other municipal officials and consultants as the Township deems appropriate. The Planning Commission may also request a site visit, at any time during the sketch plan review process. The purpose of the site 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 open space or greenway land (if applicable) and potential locations for proposed buildings and street alignments. Comments made by Planning Commission members, municipal officials, or their staff and consultants shall be interpreted as being only suggestions. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site visit.

The Planning Commission shall review data to determine the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter. Their review shall include, but is not limited to:

(1)

The location of all areas proposed for land disturbance, including but not limited to streets, foundations, yards, water supply, sewage disposal systems, and stormwater management areas) with respect to features of natural or cultural significance.

(2)

The potential for street connections with existing streets, other proposed streets, or in potential developments on adjoining parcels; and the location of proposed access points along the existing road network.

(3)

Building layout.

(4)

When open space or greenway land is provided:

(a)

The potential for open space or greenway connections with existing or potential open space or greenway land on adjoining parcels.

(b)

The relationship of buildings to open space or greenway land.

(c)

Pedestrian access to open space or greenway land.

(5)

The compatibility of the proposal with respect to the goals and recommendations of the Township's Comprehensive Plan and the Township's Park. Recreation and Open Space Plan in effect at the time of sketch plan submission.

(6)

General consistency with the requirements of the Zoning Ordinance.

Within 60 days of submission of review maps and materials to the Planning Commission, the Planning Commission shall make any recommendations about the application to the Board of Supervisors which it deems necessary or advisable in the public interest in order to provide an acceptable subdivision or land development plan for the site.

Within 15 days after such meeting, the Board of Supervisors shall send written notice of its recommendations to the following:

(1)

The applicant;

(2)

The applicant's engineer or surveyor;

(3)

The Penn Forest Planning Commission.

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

Nothing contained herein, nor the failure of the Planning Commission or the Board of Supervisors, or both, to proceed or act in accordance with this section, shall be deemed to be a decision with respect to any subdivision or land development plan or to vest any rights in the applicant.

§ 210-7 Submission of preliminary plan.

[Amended 9-2-2025 by Ord. No. 2025-2]

Upon submission of a preliminary plan, the applicant is strongly encouraged to arrange for a site visit in accordance with § 210-6B if one has not already been done as part of a sketch plan submission. The Township may also request a site visit.

Preliminary plans and all required supplementary data for all proposed subdivisions and land developments shall be submitted to the Zoning Officer.

Official submission of a preliminary plan to the Zoning Officer by a developer shall be comprised of the following. (Submissions which do not include the material specified in the following subsections shall not be accepted as an official submission.) The Zoning Officer shall examine the material submitted for completeness. If the application is complete, the Zoning Officer shall proceed with the provisions of § 210-7D. If the application is missing one or more completeness review required items, the Zoning Officer shall not accept the application for review and shall notify the applicant of the missing items.

(1)

Five copies of a completed application for review of preliminary subdivision plans;

(2)

Ten black-on-white or blue-on-white prints on paper of the preliminary plan, which shall fully comply with the provisions of this chapter as set forth in § 210-14;

(3)

Three copies all required supplemental information as set forth in § 210-14G;

(4)

Additional sets of application forms, plans and supplemental material shall be submitted if § 210-7E(1) or (2) are applicable.

(5)

The review fee and escrow shall be submitted as set forth in § 210-35.

The Zoning Officer shall refer preliminary plan submission materials to the various review bodies as follows:

(1)

One plan print to each member of the Penn Forest Planning Commission;

(2)

One application, one plan print, and one copy of the supplemental information to the Township Engineer;

(3)

One application, one plan print, and one copy of the supplemental information to the Township Manager or Secretary.

(4)

One application, one plan print information shall be retained by the Zoning Officer.

(5)

One application, one plan print and the review fee to the Carbon County Planning Commission. If the application requires the preparation of a stormwater management plan pursuant to this chapter, the Zoning Officer shall send one additional plan print and the stormwater calculations to the Carbon County Planning Commission. If a traffic study is prepared pursuant to this chapter, the Zoning Officer shall send it to the Carbon County Planning Commission.

The Zoning Officer shall refer additional copies of the preliminary plan materials to the respective agencies in the following circumstances:

(1)

Whenever the property being subdivided or developed abuts a State Legislative Route, one plan print shall be submitted to the Pennsylvania Department of Transportation District Office.

(2)

Whenever a proposed subdivision or land development is located adjacent to another municipality, one plan print shall be referred to that municipality.

Supplemental submissions are permitted, subject to the following provisions:

(1)

The supplemental submission shall consist of nine complete sets of the plans, three copies of any revised supporting documentation, a completed and executed application form which notes the submission as a supplemental submission and a written summary of the changes made. The summary of the changes made shall refer to reviews to which the changes are responding.

(2)

The submission shall be received at least 21 days prior to the date of the next meeting of the Penn Forest Planning Commission at which the application is to be considered.

(3)

Supplemental submissions which do not comply with the requirements of § 210-7F(1) shall not be accepted for review. The submission of a final plan application will not be considered as a supplemental submission.

§ 210-8 Review of preliminary plan.

By the Penn Forest Planning Commission.

(1)

When a preliminary plan has been accepted for review, such plan shall be placed on the agenda of the Planning Commission for review at its next regular meeting, provided that such official submission has occurred no less than 21 calendar days prior to such regular meeting. The Planning Commission may hold a public hearing on the preliminary plan at this time.

(2)

The Planning Commission shall review the preliminary plan to determine its conformance with the standards contained in this chapter and other applicable Township ordinances, and shall require or recommend such changes and modifications as it deems necessary.

(3)

Within 60 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period, in which case, the sixty-day period commences on the 30th day following the date of the application), the Penn Forest Planning Commission shall recommend to the Penn Forest Board of Supervisors that the preliminary plan be approved, conditionally approved or disapproved together with the documented findings upon which the recommendation is based.

By the Penn Forest Board of Supervisors.

(1)

Within 90 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period following the date of the application, in which case the ninety-day period commences on the 30th day following the date of the application), the Board of Supervisors shall, in accordance with the provisions of this chapter and other applicable Township ordinances and considering the recommendations of the Penn Forest Planning Commission and the Carbon County Planning Commission, take action by approving, conditionally approving or disapproving the preliminary plan.

(2)

No action shall be taken by the Board of Supervisors until it has received the written report of the Carbon County Planning Commission. However, the Board of Supervisors may act on the preliminary plan application if more than 30 days have elapsed since the date that the application was forwarded to the Carbon County Planning Commission and the Carbon County Planning Commission has not issued a written report.

(3)

The Board of Supervisors shall issue a written copy of the decision and communicate it to the applicant personally or mail it to him at this last known address not later than 15 days following the decision. Copies of the decision shall also be mailed to:

(a)

The applicant's engineer or surveyor;

(b)

The Penn Forest Planning Commission;

(c)

The Township Engineer.

(d)

The Carbon County Planning Commission.

(4)

The applicant shall be provided with a form to indicate acceptance of the conditions of approval, if any were imposed. The form shall be signed and dated by the applicant and shall be returned to the Zoning Officer on behalf of the Township. Unless the signed, dated form is received by the Township within 10 days of the date that the form was sent to the applicant, the Board of Supervisors action is to deny the application for failure to comply with the ordinance requirements cited in the action for conditional approval.

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

§ 210-9 Submission of final plan.

Within 12 months after approval of the preliminary plan, a final subdivision or land development plan and all required supplemental data shall be submitted to the Zoning Officer. An extension of time may be granted by the Penn Forest Board of Supervisors upon written request. Otherwise, the plan submitted may be considered as a new preliminary plan.

The final plan shall conform in all significant respects to the preliminary plan as previously approved by the Penn Forest Board of Supervisors and shall incorporate all modifications required by the Board of Supervisors in its preliminary plan approval. The Board of Supervisors may, however, accept a final plan modified so as to reflect any substantial changes which have occurred on the site of the proposed subdivision, or its surroundings, since the time of the preliminary plan review.

The final plan may be submitted in sections or stages, each covering a reasonable portion of the entire proposed subdivision as shown on the reviewed preliminary plan, in accordance with the regulations set forth in § 210-15. In the case of the final subdivision or land development plan which is to be submitted in sections or stages over a period of years, the time between submission of application for final approval of each stage or section shall be no greater than 12 months, unless extended by mutual agreement of the applicant and the Board of Supervisors in writing.

Final plans and all required supplementary data for all proposed subdivisions and land developments shall be submitted to the Zoning Officer.

Official submission of a final plan to the Zoning Officer by a developer shall comprise of the following. (Submissions which do not include the material specified in the following subsections shall not be accepted as an official submission.) The Zoning Officer shall examine the material submitted for completeness. If the application is complete, the Zoning Officer shall proceed with the provisions of § 210-9E. If the application is missing one or more completeness review required items, the Zoning Officer shall not accept the application for review and shall notify the applicant of the missing items.

(1)

Five copies of a completed Application for Review of Final Subdivision Plans;

(2)

Ten black-on-white or blue-on-white prints on paper of the final plan which shall fully comply with the provisions of this chapter as set forth in § 210-15;

(3)

Three copies all required supplemental information as set forth in § 210-15D;

(4)

Additional sets of application forms, plans and supplemental material shall be submitted if § 210-9G is applicable;

(5)

The review fee and escrow shall be submitted as set forth in § 210-35.

The Zoning Officer shall refer final plan submission materials to the various review bodies as follows:

(1)

One plan print to each member of the Penn Forest Planning Commission;

(2)

One application, one plan print, and one copy of the supplemental information to the Township Engineer;

(3)

One application, one plan print, and one copy of the supplemental information to the Township Manager or Secretary.

(4)

One application, one plan print information shall be retained by the Zoning Officer, one plan print to Board of Supervisors.

(5)

One application, one plan print and the review fee to the Carbon County Planning Commission.

The Zoning Officer shall refer additional copies of the final plan materials to the respective agencies in the following circumstances:

(1)

Whenever the property being subdivided or developed abuts a state legislative route, one plan print shall be submitted to the Pennsylvania Department of Transportation District Office.

(2)

Whenever a proposed subdivision or land development is located adjacent to another municipality, one plan print shall be referred to that municipality.

(3)

Whenever the subdivision or land development requires a soil erosion and sedimentation control plan, as described in § 210-26A(5) of this chapter, one application, one plan print and one copy of supplemental information shall be submitted to the Carbon County Conservation District.

§ 210-10 Review of final plan.

By the Penn Forest Planning Commission.

(1)

When a final plan has been accepted for review, such plan shall be placed on the agenda of the Planning Commission for review at its next regular meeting, provided that such official submission has occurred no less than 21 calendar days prior to such regular meeting. The Planning Commission may hold a public hearing on the preliminary plan at this time.

(2)

The Planning Commission shall review the final plan to determine its conformance with the standards contained in this chapter and other applicable Township ordinance, and shall require or recommend such changes and modifications as it deems necessary.

(3)

Within 60 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period, in which case the thirty-day period commences on the 30th day following the date of the application), the Penn Forest Planning Commission shall recommend to the Penn Forest Board of Supervisors that the final plan be approved, conditionally approved or disapproved together with the documented findings upon which the recommendation is based.

(4)

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

By the Penn Forest Board of Supervisors.

(1)

Within 90 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period following the date of the application, in which case, the ninety-day period commences on the 30th day following the date of the application), the Board of Supervisors shall, in accordance with the provisions of this chapter and other applicable Township ordinances and considering the recommendations of the Penn Forest Planning Commission and the Carbon County Planning Commission, take action by approving, conditionally approving or disapproving the final plan.

(2)

No action shall be taken by the Board of Supervisors until it has received the written report of the Carbon County Planning Commission. However, the Board of Supervisors may act on the final plan application if more than 30 days have elapsed since the date that the application was forwarded to the Carbon County Planning Commission and the Carbon County Planning Commission has not issued a written report.

(3)

The Board of Supervisors shall issue a written copy of the decision and communicate it to the applicant personally or mail it to him or her at this last known address not later than 15 days following the decision. Copies of the decision shall also be mailed or provided to:

(a)

The applicant's engineer or surveyor;

(b)

The Penn Forest Planning Commission;

(c)

The Township Engineer;

(d)

The Carbon County Planning Commission.

(4)

The applicant shall be provided with a form to indicate acceptance of the conditions of approval, if any were imposed. The form shall be signed and dated by the applicant and shall be returned to the Zoning Officer on behalf of the Township. Unless the signed, dated form is received by the Township within 10 days of the date that the form was sent to the applicant, the Board of Supervisors action is to deny the application for failure to comply with the chapter requirements cited in the action for conditional approval.

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

When a final plan has been approved without conditions or approved with conditions accepted by the applicant, no subsequent change or amendment in Chapter 240, Zoning, this chapter, or other governing ordinance shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final plan approval is preceded by preliminary plan approval, the aforesaid five-year period shall be counted from the date of the preliminary plan approval.

(1)

In the case of any doubt as to the terms of a preliminary approval, the terms of such approval shall be construed in the light of provisions of the governing ordinances as they stood at the time when the application for such approval was duly filed.

(2)

Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five-year period, or any extension thereof as may be granted by the Board of Supervisors, no change in any Township ordinance enacted subsequent to the date of the approval of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification, or density, lot, building, street, or utility location.

(3)

Where the developer fails to substantially complete improvements shown on an approved preliminary plan within five years of preliminary plan approval, and where no extension to such five-year period has been granted, the Township shall require that construction of any improvements not substantially completed meet such design standards as may have been adopted by the Township since the date of preliminary plan approval. Such revisions shall affect, but shall not necessarily be limited to, street construction standards, curb and sidewalk requirements and construction standards, stormwater management facilities, sanitary sewerage provisions, water supply provisions, and any other element of the design deemed by the Township to be related to the health, safety, and welfare of the future residents of the development or of the general public.

§ 210-11 Recording of final plan.

After the final plan is approved by the Penn Forest Board of Supervisors, the applicant shall provide two Mylar reproducible prints and six paper prints of the final plan for endorsement.

The record plan shall be a clear and legible print of a type and material required by the County Recorder of Deeds.

After the Penn Forest Planning Commission and the Penn Forest Board of Supervisors have signed the record plan, it shall be presented to the Carbon County Planning Commission for signature pursuant to Section 513 of the PA Municipalities Planning Code.[1] Once the plans bear these signatures, the applicant shall file the plan with the Carbon County Recorder of Deeds within 90 days of the approval. The applicant shall provide proof of the recording by providing the Zoning Officer with a receipt from the Recorder's office.

[1]

Editor's Note: See 53 P.S. § 10513.

At the time the record plan is endorsed by the Planning Commission and Board of Supervisors, the Township shall receive three paper prints and two Mylar prints of the approved final plans for the Township's files.

At the time the record plan is signed by the Carbon County Planning Commission, it shall receive one paper copy of the plans for the permanent files.

§ 210-12 Plans exempted from standard procedures.

In the case of any proposed residential subdivision which does not by itself or in combination with previously approved subdivisions involve more than a total of three lots including the residue property and does not involve the provision of any new street or easement for access (i.e., one in which all proposed lots will have frontage on an existing public street), or for a boundary adjustment where no new lots are created and where no development is proposed, the following procedure shall apply:

Plans and all required supplementary data for all proposed subdivisions and land developments shall be submitted to the Zoning Officer.

Official submission of a plan exempted from standard procedure to the Zoning Officer by a developer shall comprise of the following. (Submissions which do not include the material specified in the following subsections shall not be accepted as an official submission.) The Zoning Officer shall examine the material submitted for completeness. If the application is complete, the Zoning Officer shall proceed with the provisions of § 210-12D. If the application is missing one or more completeness review required items, the Zoning Officer shall not accept the application for review and shall notify the applicant of the missing items.

(1)

Five copies of a completed application for review of preliminary subdivision plan exempt from standard procedure;

(2)

Nine black-on-white or blue-on-white prints on paper of the plan which shall fully comply with the provisions of this chapter as set forth in § 210-16;

(3)

Three copies all required supplemental information as set forth in § 210-16D;

(4)

Additional sets of application forms, plans and supplemental material shall be submitted if § 210-12F(1) or (2) are applicable.

(5)

The review fee and escrow shall be submitted as set forth in § 210-35.

The Zoning Officer shall refer preliminary plan submission materials to the various review bodies as follows:

(1)

One plan print to each member of the Penn Forest Planning Commission;

(2)

One application, one plan print, and one copy of the supplemental information to the Township Engineer;

(3)

One application, one plan print, and one copy of the supplemental information to the Township Manager or Secretary;

(4)

One application, one plan print shall be retained by the Zoning Officer.

(5)

The Zoning Officer shall refer additional copies of the preliminary plan materials to the respective agencies in the following circumstances:

(1)

Whenever the property being subdivided or developed abuts a state legislative route, one plan print shall be submitted to the Pennsylvania Department of Transportation District Office;

(2)

Whenever a proposed subdivision or land development is located adjacent to another municipality, one plan print shall be referred to that municipality.

Supplemental submissions are permitted, subject to the following provisions:

(1)

(2)

The submission shall be received at least 21 days prior to the date of the next meeting of the Penn Forest Planning Commission at which the application is to be considered.

(3)

Supplemental submissions which do not comply with the requirements of § 210-12F(1) shall not be accepted for review. The submission of a final plan application will not be considered as a supplemental submission.

By the Penn Forest Planning Commission.

(1)

When a Plan exempt from standard procedure has been accepted for review, such plan shall be placed on the agenda of the Planning Commission for review at its next regular meeting, provided that such official submission has occurred no less than 21 calendar days prior to such regular meeting. The Planning Commission may hold a public hearing on the preliminary plan exempt from standard procedure at this time.

(2)

The Planning Commission shall review the plan exempt from standard procedure to determine its conformance with the standards contained in this chapter and other applicable Township ordinance, and shall require or recommend such changes and modifications as it deems necessary.

(3)

Within 60 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period, in which case, the sixty-day period commences on the 30th day following the date of the application), the Penn Forest Planning Commission shall recommend to the Penn Forest Board of Supervisors that the plan exempt from standard procedure be approved, conditionally approved or disapproved, together with the documented findings upon which the recommendation is based.

(4)

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

By the Penn Forest Board of Supervisors.

(1)

Within 90 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period following the date of the application, in which case, the ninety-day period commences on the 30th following the date of the application), the Board of Supervisors shall, in accordance with the provisions of this chapter and other applicable Township ordinances and considering the recommendations of the Penn Forest Planning Commission and the Carbon County Planning Commission, take action by approving, conditionally approving or disapproving the plan exempt from standard procedure.

(2)

No action shall be taken by the Board of Supervisors until it has received the written report of the Carbon County Planning Commission. However, the Board of Supervisors may act on the plan exempt from standard procedure application if more than 30 days have elapsed since the date that the application was forwarded to the Carbon County Planning Commission and the Carbon County Planning Commission has not issued a written report.

(3)

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

(4)

(a)

The applicant's engineer or surveyor;

(b)

The Penn Forest Planning Commission;

(c)

The Township Engineer;

(d)

The Carbon County Planning Commission.

(5)

The applicant shall be provided with a form to indicate acceptance of the conditions of approval, if any were imposed. The form shall be signed and dated by the applicant and shall be returned to the Zoning Officer on behalf of the Township. Unless the signed, dated form is received by the Township within 10 days of the date that the form was sent to the applicant, the Board of Supervisors action is to deny the application for failure to comply with the chapter requirements cited in the action for conditional approval.

(6)

If the plan receives final approval, the provisions of § 210-11 shall apply.