The purpose of the preapplication meeting or sketch plan review is to afford the applicant the opportunity to receive the advice and assistance of the municipality's staff. Such meeting and/or review shall be considered as confidential between the applicant and staff.
A. 
Required preapplication review. Proposals for possible development of sites into subdivisions of more than 20 lots or which involve the creation of new streets and plans for the development of retail, industrial or office structures shall be discussed with the staff of the municipality and sketch plans shall be submitted for review prior to submission of preliminary plans. Submission of a sketch plan shall not constitute a formal filing of a plan with the municipality. However, the applicant may request, in writing, a formal review by the Commission, in which case the Commission will take action, discuss the plan at a public meeting and comment by letter. Generally, staff reviews will be scheduled within 15 consecutive days from the date of the municipality's receipt of the request, but shall not exceed 30 days. If the applicant requests a formal review of a sketch plan by the Commission, the plan shall be reviewed at a public meeting within 90 days of the receipt by the Commission of the materials for review. Generally, such plans will be scheduled for review within 30 days of the Commission's receipt of such materials.
B. 
Optional preapplication review. Applicants are urged, but not required, to discuss other types of proposals and submit sketch plans for review.
With the exceptions specifically noted in this chapter, a preliminary plan is required for applications which propose new streets, all land development plans, as defined in § 137-16 and subdivision plans of 10 or more lots. All other plans may be submitted as final plans in accordance with § 137-17.
A. 
Application requirements. All preliminary plans shall include the following:
(1) 
Ten copies of the preliminary plan, plus one additional copy if the site is within 1,000 yards of a municipal boundary, plus one additional copy if the site abuts a state road. All plans shall be either black on white or blue on white paper prints.
(2) 
Two copies of all reports, notifications and certifications which are not provided on the preliminary plan, including stormwater management plans and calculations.
(3) 
One application form (see Appendix 24[1]) completely and correctly executed with all information legible and bearing the required signatures.
[1]
Editor's Note: All Appendix material is on file in the borough offices.
(4) 
Filing fee (see schedule of fees available at the office of the municipality). Note: A separate filing fee must be submitted with each application. If one check is issued for multiple plans, a detailed breakdown of the individual fee assessment must accompany the payment. In addition to the filing fees required hereunder, the Commission and/or borough shall require a deposit from the applicant in an amount it shall determine necessary for the costs incurred by the Commission and/or borough on account of engineering fees, administrative costs and legal review.
(5) 
Notification signed by the zoning officer that the proposal is generally in conformance with applicable zoning regulations and that if any zoning variance, special exception or conditional use is required that such approval has been granted or the status of any such application which has not been granted. A copy of the decision of the Zoning Hearing Board of Shippensburg, including all conditions imposed, shall be submitted to the Commission as part of the preliminary plan application.
(6) 
Incomplete applications. A preliminary plan application shall be accompanied by all required plans and documents and the required filing fee. The Manager or the Manager's designee shall have seven days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all the information required by this chapter. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Manager under this section to the Planning Commission in accordance with § 137-44 of this chapter.
B. 
Plan requirements. All preliminary plans shall be prepared in conformance with the provisions of § 137-16 of this chapter and any other applicable requirement of law.
C. 
Distribution.
(1) 
The Commission shall distribute one copy of the preliminary plan to each of the following individuals:
(a) 
Municipal Secretary or Manager.
(b) 
Municipal Planning Commission Secretary.
(c) 
Fire company.
(d) 
Electric company.
(e) 
Telephone company.
(f) 
Gas company.
(g) 
Pennsylvania Department of Transportation (if the subject site abuts a state road).
(h) 
Pennsylvania Department of Environmental Resources.
(i) 
Cumberland or Franklin County Planning Commission (two copies).
(j) 
Adjoining municipality (if site is located within 1,000 yards of a municipal boundary).
(2) 
The Commission will also notify the landowner, applicant, firm that prepared the plan, Municipal Solicitor, Municipal Engineer and school district of the filing of the plan.
D. 
Commission action.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
(1) 
The Commission and Borough Council will schedule the preliminary plan application for action at regularly scheduled public meetings within 90 calendar days of the first public meeting of the Commission after the date of filing; provided, however, that in the event a regular meeting of the Commission does not occur within 30 calendar days from the application date, then the 90 calendar days shall be measured from the 30th calendar day following the application date.
(2) 
In general, the Commission will schedule the preliminary plan application for action at the first Commission meeting which is at least 15 calendar days following filing.
E. 
Notification of Commission action.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
(1) 
Within 15 calendar days after the meeting at which the preliminary plan is reviewed, the staff shall send written notice of the Commission's action to the following individuals:
(a) 
Landowner or their agent.
(b) 
Applicant.
(c) 
Firm that prepared the plan.
(d) 
Municipal Manager
(e) 
Municipal Engineer.
(f) 
Municipal Solicitor.
(2) 
If the plan is recommended for disapproval, the Commission will notify the above individuals, in writing, of the defects in the application and will identify the requirements which have not been met, citing the provisions of the statute or ordinance relied upon.
(3) 
If the Commission recommends approval of the preliminary plan, approval with modifications or disapproval, it shall notify the Council of the Borough of Shippensburg within five calendar days of its action.
(4) 
Before acting on any subdivision or land development plan, the Council of the Borough of Shippensburg may hold a public hearing thereon after public notice, but not less than five calendar days following notification of the Commission action.
(5) 
The Council of the Borough of Shippensburg shall take official action on a preliminary subdivision or land development plan at a regularly scheduled meeting or work session of Council held within 90 calendar days following the application date of the plan.
(6) 
When the application is not approved as filed, the decision of the Council of the Borough of Shippensburg shall specify the defects found in the application and describe the requirements which have not been met and shall in each case cite the provisions of the statute or ordinance. Such decision shall be communicated to the landowner or their agent, the applicant and the Commission, in writing, within 15 calendar days following the decision.
(7) 
Failure of the Council of the Borough of Shippensburg to render a decision in the manner and within the time prescribed by the Code shall be deemed an approval of the subdivision or land development plan in terms as presented unless the applicant has agreed, in advance, in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in the manner of presentation of communication shall have a similar effect.
(8) 
Before taking any final action on any submitted subdivision or land development, the borough shall submit copies of the preliminary plan and accompanying data to the Borough Engineer who shall advise the Council as to the suitability of all engineering details and specifications; to the local office of the Department of Environmental Protection; to the county planning agency with the appropriate fees; and to all affected public utilities who shall be requested to make recommendations as to the suitability of the utility easements.
(9) 
Approval of the preliminary plans shall not constitute approval of the final plans.
F. 
Compliance with borough action. If the borough conditions its preliminary plan approval upon receipt of additional information, changes and/or notifications, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the borough for approval by the staff. All correspondence and copies of the plan shall reference the Planning Commission file number.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
G. 
Borough approval and certification.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
(1) 
The borough will acknowledge the satisfactory compliance with all conditions, if any, of the preliminary plan approval at a regularly scheduled public meeting. All materials to be considered by the borough at such meeting shall be submitted by the applicant to the borough's staff at least 14 calendar days prior to the meeting.
(2) 
Approval of a preliminary application shall constitute approval of the proposed subdivision and/or land development as to the character and intensity of development and the general arrangement of streets, lots, structures and other planned facilities. The preliminary plan may not be recorded in the office of the Cumberland or Franklin County Recorder of Deeds.
(3) 
Preliminary plan approval will be effective for a five-year period from the date of the Council of the Borough of Shippensburg's approval of the preliminary plan application; therefore, final plan applications for the entire project must be made within five years of preliminary plan approval unless the borough grants a waiver by extending the effective time period of the approval.
(4) 
The applicant may, after receipt of acknowledgment from the borough of the satisfactory completion of any conditions of preliminary plan approval, proceed to construct the improvements or satisfactory assurance of the completion of the improvements in accordance with § 137-21 of this chapter as required by the ordinance and shown on the approved preliminary plan. The applicant shall indicate the intent to construct the improvements in writing to the borough prior to the start of construction. Additionally, the applicant shall complete and enter into the appropriate Memorandum of Understanding (see Appendix No. 34[2]). The applicant shall indicate the timetable for the construction of the improvements including a schedule and plan of the proposed phasing of sections of the plan.
[2]
Editor's Note: All Appendix material is on file in the borough offices.
(5) 
Construction and completion of the improvements shall not constitute permission to sell lots or occupy proposed buildings shown on the plan.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
A. 
An application for final plan approval can be submitted only after the following, when required as noted, have been completed.
(1) 
The receipt of an unconditional preliminary plan approval by the Council of the Borough of Shippensburg in accordance with § 137-9 of this chapter, when a preliminary plan approval is required; and the completion of the improvements required by this chapter when the improvements are not assured by the kind of guaranties provided in § 137-21 of this chapter.
(2) 
Final plans may be filed with the Commission on any business day; however, the Commission will officially review a plan at a particular meeting only if the plan was filed at least 15 calendar days prior to that meeting. A schedule of the Commission's meetings for each calendar year and the corresponding dates for submission of plans and applications shall be published as a public notice.
(3) 
The final plan may be submitted in sections, each section covering a reasonable portion of the entire proposed subdivision or land development as shown on the approved preliminary plan, provided that each section, except for the last section, shall contain a minimum of 25% of the total number of units of occupancy as depicted on the approved preliminary plan unless the Commission specifically approves a lesser percentage for one or more sections.
(4) 
The Commission may accept a final plan modified to reflect a change to the site or its surroundings which occurs after the preliminary plan review. The Commission shall determine whether a modified final plan will be accepted or whether a new preliminary plan shall be submitted.
B. 
Application requirements. All final plan applications shall include the following:
(1) 
Nine copies of the final plan, plus one additional copy if the site is within 1,000 yards of a municipal boundary and one additional copy if the site abuts a state road. All plans shall be either black on white or blue on white paper prints.
(2) 
Two copies of all reports, notifications and certificates which are not provided on the final plan, including stormwater management plans and calculations.
(3) 
One correct and complete application form. (See Appendix 24.[1])
[1]
Editor's Note: All Appendix material is on file in the borough offices.
(4) 
A filing fee shall accompany the final plan, consisting of a check or money order drawn to the Borough of Shippensburg Treasurer (see fee schedule available at the Borough of Shippensburg). A separate filing fee must be submitted for each application. If one check is issued for multiple plans, a detailed breakdown of the individual fee assessments must accompany the payment.
(5) 
Notification signed by the municipal zoning officer that the proposal is generally in conformance with applicable zoning regulations and that if any zoning variance, special exception or conditional use is required that such approval has been granted or the status of any such application which has not been granted. A copy of the zoning variance, including all conditions imposed, shall be submitted to the Planning Commission of the Borough of Shippensburg as part of any final plan application.
(6) 
One copy of all applicable supplementary data, notices and certificates required in §§ 137-17D and E of this chapter.
(7) 
One verification form (see Appendix 33[2]).
[2]
Editor's Note: All Appendix material is on file in the borough offices.
(8) 
A final plan application shall be accompanied by all required plans and documents and the required filing fee. The Manager or the Manager's designee shall have seven calendar days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all the information required by this chapter. If defective, the application will be returned to the applicant with a statement that the application is incomplete within the seven-calendar-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Manager under this section to the Council of the Borough of Shippensburg in accordance with § 137-44 of this chapter.
C. 
Plan requirements. All final plans shall be prepared in conformance with the provisions of § 137-17 of this chapter and any other applicable requirements of law.
D. 
Distribution.
(1) 
The Planning Commission of the Borough of Shippensburg shall distribute one copy of the final plan to each of the following:
(a) 
Municipal Secretary or Manager.
(b) 
Fire company.
(c) 
Electric company.
(d) 
Telephone company.
(e) 
Gas company.
(f) 
Pennsylvania Department of Transportation (if the subject site abuts a state road).
(g) 
Pennsylvania Department of Environmental Protection.
(h) 
Cumberland or Franklin County Planning Commissions (two copies).
(i) 
Adjoining municipality (if the site is located within 1,000 yards of a municipal boundary).
(2) 
The Planning Commission will also notify the landowner, applicant, firm that prepared the plan, local Municipal Solicitor, local Municipal Engineer and school district of the filing of the plan.
E. 
Review of plans by Commission.
(1) 
The Commission and Borough Council will schedule the final plan application for action at regularly scheduled public meetings within 90 calendar days of the first public meeting of the Commission after the date of filing, or if a meeting does not occur within 30 calendar days of the application date, the ninety-calendar-day period shall be measured from the application date.
(2) 
In general, the Commission will schedule the final plan application for action at the first Commission meeting which is at least 15 calendar days following filing. Before action on any subdivision or land development plan, the Commission may hold a public hearing thereon after public notice. Within this time period the applicant must meet all conditions of approval, if any; certify plans as specified in this chapter; and record plans as specified in this chapter.
F. 
Notification of Council of the Borough of Shippensburg Action.
(1) 
Within 15 calendar days after the meeting at which the final plan is reviewed, the staff of the Planning Commission shall send written notice to the Council of the Borough of Shippensburg's of the Commission's action either recommending approval of the final plan or denial of the final plan. In the case of a denial the Commission shall set forth in writing the specific reasons for the recommendation that the plan be denied. In addition to the Council, the Commission shall send written notification of its recommendation to the following:
(a) 
Landowner or his agent.
(b) 
Applicant.
(c) 
Firm that prepared the plan.
(d) 
Municipal Engineer.
(e) 
Municipal Solicitor.
(f) 
Cumberland or Franklin County Recorder of Deeds.
(2) 
If the final plan is recommended for disapproval, the Commission will notify the above individuals, in writing, of the defects in the application and will identify the requirements which have not been met, citing the provisions of the statute or ordinance relied upon.
(3) 
If the Commission recommends approval of the final plan, approval with modifications or disapproval, it shall notify the Council of the Borough of Shippensburg within 15 calendar days of its action.
(4) 
Before acting on any final subdivision or land development plan, the Council of the Borough of Shippensburg may hold a public hearing thereon after public notice, but not less than five calendar days following notification of the Commission action.
(5) 
The Council of the Borough of Shippensburg shall take official action on a final subdivision or land development plan at a regularly scheduled meeting or work session of the Council held within 90 calendar days following the application date of the plan.
(6) 
When the application is not approved as filed, the decision of the Council of the Borough of Shippensburg shall specify the defects found in the application and describe the requirements which have not been met and shall in each case cite the provisions of the statute or ordinance. Such decision shall be communicated to the landowner or their agent, the applicant and the Commission, in writing, within 15 calendar days following the decision.
(7) 
Failure of the Council of the Borough of Shippensburg to render a decision in the manner and within the time prescribed by the Code shall be deemed an approval of the final plan in terms as presented unless the applicant in terms as presented unless the applicant has agreed in advance in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in the manner of presentation of communication shall have a similar effect.
(8) 
Before taking any final action on any submitted final plan, the borough shall submit copies of the final plan and accompanying data to the Borough Engineer who shall advise the Council as to the suitability of all engineering details and specifications; to the local office of the Department of Environmental Protection; to the county planning agency with appropriate fees; and to all affected public utilities who shall be requested to make recommendations as to the suitability of the utility easements.
G. 
Compliance with Council of the Borough of Shippensburg action. If the Council of the Borough of Shippensburg conditions its final plan approval upon receipt of additional information, changes and/or notifications, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the Council of the Borough of Shippensburg for approval by the staff.
H. 
Final plan certification.
(1) 
After the Council of the Borough of Shippensburg's approval of the final plan and the required changes, if any, are made, the applicant shall proceed to prepare two sets of final plans which shall be transparent reproductions of the original plan, which shall be black line on stable plastic base film, and one set of final plans, which shall be a paper copy for the Council of the Borough of Shippensburg files. The two transparent copies of the final plan shall be certified in the following manner: signature of the developer or landowner and signature of the engineer or surveyor who prepared the final plan.
(2) 
Payment of costs of review. Prior to the recording of a final plan, the developer shall pay to the Borough of Shippensburg the costs incurred by the borough in the review of the plan, which shall include but not be limited to engineering fees, attorney's fees, environmental or historical reviews, traffic studies and so forth. Said fees shall be billed in accordance with the schedule of fees adopted by the Council of the Borough of Shippensburg from time to time by resolution.
I. 
Final plan recordation.
(1) 
Upon approval and certification and payment of all costs to the borough of a final plan, the applicant shall record the plan in the office of the Cumberland or Franklin County Recorder of Deeds.
(2) 
Should the applicant fail to record the final plan within 90 days of the Council of the Borough of Shippensburg's final plan approval, the Council of the Borough of Shippensburg action on the plan shall be null and void unless the Council of the Borough of Shippensburg has granted a waiver by extending the effective time period of the approval.
J. 
Prior sale of lots prohibited. The final plan shall be filed with the Cumberland or Franklin County Recorder of Deeds before proceeding with the sale of lots.
K. 
Approval signature required. No final plan for any subdivision or land development may be recorded unless it bears the signature of an authorized representative of the Council of the Borough of Shippensburg and the Planning Commission of the Borough of Shippensburg denoting approval of the plan by the Council of the Borough of Shippensburg and the Planning Commission of the Borough of Shippensburg, as well as review by the county planning agency.
L. 
Dedication by recording the final plan. After approval of the final plan by the Council of the Borough of Shippensburg, the act of recording the final plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use, unless reserved by the landowner as provided below. However, the approval of the Council of the Borough of Shippensburg shall not impose any duty upon the commonwealth, county or municipality concerning acceptance, maintenance or improvement of any such dedicated areas or portion of same until proper authorities of the commonwealth, county or municipality actually accept the same by ordinance or resolution or by entry, use or improvement.
M. 
Notice of reservation from public dedication. The landowner shall place a notation on the final plan when there is no offer of dedication to the public of certain designated areas, in which event the title to such areas shall remain with the owner and the commonwealth, county and local authorities shall assume no right to accept ownership or right-of-way.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
A. 
Any replotting or resubdivision of recorded plans or revision of approved final plans which have not yet been recorded, excluding lot grading plans in subdivisions, shall be considered as a new application and shall comply with all requirements of this chapter, except that survey corrections can be made.
B. 
In every case where a plan alteration conforms to the above, i.e., represents survey corrections, the applicant shall:
(1) 
Submit to the Council of the Borough of Shippensburg two black on white or blue on white paper copies of the revised final plan, one application form and the appropriate filing fee. (See Appendix 24.[1]) Upon review by Council and staff of the revision, the applicant will be advised as to whether or not the revision complies with the standards of § 137-17D of this chapter.
[1]
Editor's Note: All Appendix material is on file in the borough offices.
(2) 
If the revision complies, the applicant shall prepare two plans, which shall be transparent black line reproductions of the original plan and one set of paper copies of the plan for the borough's files and which shall specifically identify the alteration(s) to the previously recorded plan.
(3) 
The applicant shall then submit the plan to the Municipal Secretary or authorized municipal official for certification as specified in § 137-10H of this chapter and the Commission for signature as specified in § 137-10M of this chapter. (See Appendixes 22 and 19.[2])
[2]
Editor's Note: All Appendix material is on file in the borough offices.
(4) 
The plans shall then be recorded as specified in § 137-10I of this chapter.
(5) 
Prior to any rerecording, a note shall be placed on the replat specifying the Record Plan Book number of the original final plan.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
A. 
Land developments which involve a single nonresidential structure on a previously approved and recorded lot or the provision of a second principal building on a tract or parcel which currently contains a single principal building or development of a single tract or parcel of land which involves a single building containing not more than four units of occupancy may be submitted as final plans in accordance with the provisions of this chapter.
B. 
All land development plans which do not meet the above criteria shall be submitted in accordance with § 137-9 of this chapter.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
A plan which proposes to alter the location of lot lines between existing lots of separate ownership for the sole purpose of increasing lot size.
A. 
Lot add-on requirements. Lot add-on plans shall only be permitted when:
(1) 
No lot or tract of land is created which is smaller than the minimum nor larger than the maximum lot size permitted by the applicable zoning ordinance;
(2) 
Drainage easements or rights-of-way are not altered;
(3) 
Access to the affected parcels is not changed;
(4) 
Street alignments are not changed; and
(5) 
No new lots are created.
B. 
Lot add-on plan required. Where the above conditions are satisfactorily proven to exist, a plan shall be prepared and submitted in accordance with the requirements of § 137-18 of this chapter.
C. 
Deed required. A copy of the deed to be recorded for the receiving tract shall be submitted prior to recording of the lot add-on plan. The deed shall provide a description of the receiving tract which reflects the proposal to join it in common with the acreage to be conveyed.
D. 
Lot add-on plan submission and recording procedures. In every case where a proposal conforms to the requirements of this section, the application shall comply with the following procedures:
(1) 
Submit to the borough four black on white or blue on white paper copies of a lot add-on plan prepared to the standards specified in § 137-18 of this chapter and one correctly completed application form (see Appendix 24[1]). Upon review of the revision, the staff will, in writing, advise the applicant whether or not the proposal qualifies as a lot add-on.
[1]
Editor's Note: All Appendix material is on file in the borough offices.
(2) 
If the plan qualifies, the applicant shall prepare two plans for recording, which shall be transparent reproductions of the original plan with black line on stable plastic base film and one set of paper copies of the plan for the borough's files. The two transparent copies for the plan shall be certified by the borough (see Appendix 20[2]). The applicant shall record the plans with the Cumberland or Franklin County Recorder of Deeds. These plans shall be filed with the County Recorder of Deeds prior to the execution of a deed for the land.
[2]
Editor's Note: All Appendix material is on file in the borough offices.
(3) 
All plans approved under this subsection shall be recorded as specified in this chapter.
A. 
Application requirements. All requests for waivers shall be made in accordance with the following procedure:
(1) 
All requests for a waiver shall be made in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based or the alternative standard proposed to provide equal or better results, the section or sections of this chapter which are requested to be waived and the minimum modification necessary. The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 137-15).
(2) 
Should a revision to a submitted plan require a waiver which was not apparent at the time of initial plan submission, the request for a waiver shall be submitted in accordance with Subsection A(1) above at the time of submission of the revised plans.
(3) 
Requests for waivers shall be considered by the Planning Commission at a public meeting which is at least 14 days after the submission of the waiver request.
B. 
Commission action. At a scheduled public meeting, the Commission shall review the request to determine if the literal compliance with any mandatory provision of this chapter is demonstrated by the applicant to exact undue hardship or to be unreasonable or that an alternative standard has been demonstrated to provide equal or better results, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed. The applicant shall demonstrate that the alternative proposal represents the minimum modification necessary. If the Commission determines that the applicant has met his burden, it may grant a waiver from the literal compliance with the terms of this chapter.
C. 
Notification of Commission action.
(1) 
After the meeting at which the waiver was reviewed, the Commission shall send notice of the Commission's action to the following individuals:
(a) 
Landowner or his agent.
(b) 
Applicant.
(c) 
Firm that prepared the plan.
(d) 
Municipal Secretary.
(e) 
Municipal Planning Commission Secretary.
(f) 
Municipal Solicitor (only at the request of the municipality).
(g) 
Municipal Engineer (only at the request of the municipality.)
(2) 
If the Commission denies the request, the Commission will notify the above individuals, in writing, of the justification for denial. If the Commission grants the request, the final plan shall include a note which identifies the specific waiver as granted.